Investigation proceedings

1What is it about?

Investigation proceedings (Ermittlungsverfahren) begin as soon as the police or the public prosecutor’s office assume an initial suspicion of a criminal offence (§ 152 para. 2 StPO). Those affected often learn of this only through a summons, a search or a letter from the investigating authority. The public prosecutor’s office directs the proceedings and, at the end, decides whether to discontinue them, to apply for a penal order or to bring an indictment.

The investigation proceedings set the course for what follows: witness statements are secured, evidence is seized and first statements are recorded. Mistakes at this early stage can often be corrected only with difficulty later.

2Typical case scenarios

• You receive a summons or a hearing form from the police or the public prosecutor’s office.
• A search takes place at your premises or in your surroundings, and devices and documents are seized.
• You have been reported to the police, for example after a dispute, or following a traffic or business incident.
• The investigations are directed against a company, and you are affected as a managing director, employee or adviser.
• You are initially summoned as a witness, although you yourself could be suspected.

3Frequently asked questions

4How the proceedings unfold

1. InitiationReport or initial suspicion, start of the investigations.
2. Investigative measuresQuestioning of witnesses, seizure, search, where applicable telecommunications surveillance.
3. Right to be heardQuestioning of the accused or written statement, access to the case file through the defence lawyer.
4. Conclusion of the investigationsDiscontinuation, discontinuation subject to conditions, application for a penal order or indictment.

5What requires particular attention

• Do not make any statement on the matter at first, before you have received advice.
• Do not contact witnesses or the person who reported you; this may be construed as interference.
• Do not delete or alter any data or documents.
• Observe deadlines and pass on letters from the authorities to your defence lawyer without delay.

6How we defend you

We notify the investigating authorities that we are acting as your defence lawyers, apply for access to the case file and analyse the file before any statement is made. On this basis we determine the strategy with you: silence, a written statement or a targeted statement.

The aim is, where possible, to end the proceedings already at the investigation stage, for example by discontinuation for lack of sufficient suspicion (§ 170 para. 2 StPO) or subject to conditions (§ 153a StPO). We accompany investigative measures and examine their lawfulness.