Criminal defense in general criminal cases
Criminal defense for offenses from the general criminal law
What is general criminal law?
General criminal law is part of public law and in Germany comprises substantive law (in particular the German Criminal Code StGB) and procedural law (in particular the German Code of Criminal Procedure StPO). In criminal law, the state punishes behavior that deviates from the norm.
The preliminary investigation as part of the criminal proceedings
The public prosecutor’s office starts the investigation if there is a so-called initial suspicion. In general, the investigation is then conducted by the police. If it turns out during the investigation that the initial suspicion is not confirmed at the end of the investigation, i.e. there is no sufficient grounds for suspicion against the accused, the public prosecutor’s office will discontinue the proceedings. However, if the initial suspicion is confirmed in the course of the police investigation, the public prosecutor’s office will file charges with the competent criminal court or issue a summary penalty order. If there is a strong suspicion of a crime, the public prosecutor’s office can apply for an arrest warrant to secure the criminal proceedings. The arrest warrant is then issued by the investigating judge. In the preliminary investigation, the course is set. With a skillful defense, preliminary proceedings can be settled without complications at this early stage. The layperson is often unaware of the many possibilities for discontinuing proceedings, so a defense by a criminal defense lawyer is strongly recommended right from the start.
The main proceedings in court
If the public prosecutor’s office issues prosecution, the defendant must appear before a criminal court. The same applies if a defendant appeals against a penalty order issued against them. In criminal proceedings, the so-called principle of orality applies. This means that everything that forms the basis of a subsequent conviction by the court must be presented orally in court. This shows the importance of legal representation by a criminal defense lawyer. If you are charged with a crime, you do not have the cool head to defend yourself strategically.
Sanctions in criminal law
In criminal law, unlawful and culpable acts are sanctioned. These are referred to as criminal offenses. The usual sanctions are fines and so-called custodial sentences or prison sentences. In misdemeanor law, one speaks of administrative fines as opposed to criminal fines.A custodial sentence can be suspended on probation under certain conditions. When suspending a custodial sentence on probation, the court can impose so-called probation conditions.
Contact us if the police are investigating you for the following offenses:
- Theft (§ 242 StGB)
- Robbery (§ 249 StGB)
- Extortion (§ 253 StGB)
- Fraud (§ 263 StGB)
- Bodily harm (§ 223 StGB)
- Resistance to enforcement officers (§ 113 StGB)
- Coercion (§ 240 StGB)
- Threatening (§ 241 StGB)
- Handling stolen goods (§ 259 StGB)
- Misappropriation (§ 246 StGB)
- Criminal damage (§ 303 StGB)
- Arson (§§ 306 et seqq. StGB)
- Forgery of documents (§ 267 StGB)
Has the public prosecutor’s office initiated an investigation against you? Are you facing criminal charges? Have you received a summons from the police to appear before them? Attorney Salvatore Barba defends defendants in criminal cases. For more information, contact us here.