Terrorism and State Security

1What is it about?

State security proceedings concern allegations such as membership of a terrorist organisation (§ 129a StGB), participation in a terrorist organisation abroad (§ 129b StGB), preparation of a serious act of violence endangering the state (§ 89a StGB) and terrorist financing (§ 89c StGB). They are frequently conducted by the Federal Prosecutor General (Generalbundesanwalt) and tried at first instance before the higher regional court (Oberlandesgericht) (§ 120 GVG).

The investigations are highly intrusive: surveillance, online searches, pre-trial detention and special restrictions on contact with the defence lawyer are possible. At the same time, some offence definitions are broadly drawn and take effect at a very early stage. For those affected, a careful defence that safeguards the rule of law is particularly important.

2Typical case scenarios

• Allegation of support for, or membership of, an organisation abroad.
• Allegation of preparing an offence, for instance through training, travel or procurement.
• Allegations in connection with fundraising or payments.
• Criminal liability in connection with symbols of prohibited organisations or with statements (for instance §§ 86a, 140 StGB, § 20 Vereinsgesetz).
• Departure to or return from conflict zones.

3Frequently asked questions

4How the proceedings unfold

1. InvestigationsObservation, surveillance, analysis of communications and travel movements.
2. ArrestArrest warrant issued by the investigating judge at the Federal Court of Justice or the higher regional court.
3. IndictmentIntermediate proceedings, opening before the higher regional court.
4. Main hearing and appealExtensive taking of evidence, appeal on points of law (Revision) to the Federal Court of Justice.

5What requires particular attention

• If investigators contact you, involve a defence lawyer immediately.
• Do not give any information about your beliefs or contacts without first consulting your lawyer.
• Communications may be monitored; avoid conversations about the proceedings.
• Assets and accounts may be seized; clarify this at an early stage.

6How we defend you

We carefully examine the legal basis for the measures, jurisdiction and the elements of the offence. We look into what you are specifically accused of, what evidence exists and whether the case rests on suspicion or on mere beliefs.

We represent you in the detention review and the main hearing, check the admissibility of the surveillance measures used and work towards a fair procedure that respects the rule of law. Given the gravity of the allegations, we involve you and your family transparently.