Dr. Elias Schönborn – Criminal Law Specialist

The most important rule for suspects and defendants is to resist the temptation and pressure to comment prematurely on the allegations without access to the files and without prior legal advice. Anything you say to the police or the court can be used against you. If criminal proceedings have been initiated against you, it is advisable to contact a lawyer specialising in criminal law as soon as possible. They are bound to confidentiality, will explain your rights to you and will work with you to develop a suitable defence strategy.

A lawyer specialising in criminal law knows the exact procedure and specifics of criminal proceedings and will help you to better understand the charges against you and prepare you appropriately for police interviews or a court hearing. They will represent your defence interests and accused rights in the best possible way, thereby increasing the chances of a favourable outcome to the proceedings, such as discontinuation of the investigation , diversion or an acquittal.

If you are the accused in a criminal investigation or if charges or a criminal complaint have been filed against you, it is advisable to consult a criminal defence lawyer as soon as possible. He can support you right from the start of the criminal proceedings and inform you about the further legal steps to be taken. A specialised criminal defence lawyer has extensive knowledge of criminal law and experience in criminal proceedings and can help you take the necessary steps and, for example, submit requests for evidence in order to achieve the best possible outcome. The state attaches such great importance to the professional defence of criminal defendants by a criminal defence lawyer that in many stages and types of proceedings, the involvement of a defence lawyer is even mandatory (so-called necessary defence according to § 61 StPO). This is the case, for example, for defendants in pre-trial detention , in the main hearing before the regional court as a jury or lay judges’ court, or in single-judge proceedings before the regional court if a prison sentence of more than three years is threatened. In all these stages of the proceedings, a criminal defence lawyer must protect the rights of the accused or defendant. Irrespective of this, it is generally advisable to engage a criminal defence lawyer in any criminal proceedings in order to be able to deal professionally with the often existential consequences of criminal proceedings.

As the victim of a criminal offence, you can report the facts to the law enforcement authorities and join the criminal proceedings as a private party. As a private party, you have the right to inspect the files, which allows you to keep abreast of the status of the proceedings and exercise your procedural rights in the best possible way. You can also participate proactively in the proceedings and, for example, submit requests for evidence in order to have witnesses questioned or coercive measures taken against the accused. An experienced lawyer will assist you in precisely formulating a criminal complaint or statement of facts, take over the inspection of files after the initiation of the investigation, and, based on this, submit targeted pleadings, such as statements, motions for evidence, or appeals. Regular updates on the status of the proceedings provide you with a clear overview of the current state of the investigation and assessments of the best strategy to optimise your chances of a favourable outcome and the receipt of damages.

If a criminal offence is suspected within a company or public institution, there are considerable risks – from damage to reputation to economic and liability consequences. A legally compliant and independent internal investigation is therefore essential. A specialised lawyer provides support in the strategic planning and implementation of the investigation, assesses the legal admissibility of planned measures and ensures that the process meets the requirements of objectivity and fairness. They conduct interviews with employees, analyse evidence and evaluate the results on a sound legal basis. Thanks to their duty of confidentiality and the special protection afforded to lawyers’ work products, the internal investigation remains confidential and protected from access by law enforcement authorities.