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Field of Expertise

Criminal Law

Criminal Law

In our offices in Heidelberg and Freiburg, the criminal law department has experienced criminal defense lawyers with many years of practice in dealing with the police, public prosecutors and courts.

Criminal proceedings

Criminal proceedings are subject to the rules of the Code of Criminal Procedure (StPO). It subdivides the criminal proceedings in basic principles into four sections. The preliminary proceedings, in which the public prosecutor’s office is responsible for investigating the facts of the case against and for the accused. The intermediate proceedings, in which one is referred to as the accused, in which the charges are pressed and the indictment is submitted to the competent court for preliminary examination. Thirdly, the main court proceedings, during which the main hearing is held. With the opening of the main proceedings, the alleged suspect, who is still considered innocent before the law, is referred to as the accused. This is followed, by the appeal proceedings, if necessary, in which, depending on the type of proceedings, e.g., the means of appeal, revision, objection or complaint are used to proceed against decisions.

In no other area of law like criminal law does the state intervene deeper in fundamental rights. Regardless of whether the police are unexpectedly at the doorstep with a search warrant, or a penalty order or an indictment has been served, the police or the public prosecutor has summoned for questioning or even a provisional arrest has been made or an arrest warrant has been issued, it is advisable to engage a defense lawyer to represent your interests already in the earliest stages of the criminal proceedings. Until the final conviction, the accused is considered innocent! He is free to speak on the matter (right to silence).

You can therefore reach our experienced and nationwide working criminal defense lawyer in the quickest way by telephone at:

  • +49 761/479970 (Freiburg im Breisgau)
  • +49 221/6559061 (Heidelberg)

The rights of the accused should be defended and secured at every stage of the proceedings. Appropriate in this context is the winged word formulated in the “Manual of the Criminal Defense Lawyer” by Hans Dahs: “Defense is combat. Combat for the rights of the accused in conflict with the organs of the state, which have to satisfy the mission to prosecute criminal offenses.” The defense counsel, on the other
hand, has to take up and fight the battle against the state organs in a biased manner on behalf of the suspect.

However, criminal proceedings not only threaten intervention by the state, but also stigmatization by friends, acquaintances, work colleagues and family. Also, the legal presumption of innocence is insufficiently respected in the press. It often turns out that defense lawyers are the last advocates. Here, too, the aim is to prevent the damage of the proceedings from the suspect if possible and to protect him.

Main areas of activity

In addition to the German Criminal Code (StGB), criminal law covers a large number of other laws and regulations, such as the German Narcotics Act (BtMG), the German Payment Services Act (ZAG), the German Road Traffic Act (StVG), the German Fiscal Code (AO) or the German Juvenile Court Act (JGG).

Victim protection and incidental action

Our lawyers also represent and advise on issues of victim protection, incidental action and the assertion of claims for compensation for pain and suffering and damages. The often-considerable effects of a criminal act on the physical and psychological condition of the injured party are not infrequently given insufficient consideration in criminal proceedings.

Our lawyers discuss with clients the possibilities of influencing proceedings. Possible claims must be clarified and their enforcement examined. Be it by way of adhesion proceedings, a civil law assertion, in the context of a victim-offender mediation or by means of the Victim Compensation Act (OEG). The defense lawyer also assists their clients as witnesses.

Contact

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Lawyer / Specialist for Administrative Law / Data Protection Supervisor / Partner
Mr. Röll, lawyer, is the head of the Heidelberg office. A special focus of his work is on (commercial) administrative law as well as criminal law and the law of administrative offenses.
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Lawyer / Mediator & Managing Partner
Mirko Benesch, lawyer, is mainly active in the field of commercial law. He advises companies specifically in the areas of gambling and catering law as well as commercial and corporate law.