{"id":1696,"date":"2024-04-26T08:42:03","date_gmt":"2024-04-26T06:42:03","guid":{"rendered":"https:\/\/mpw-rechtsanwaelte.com\/expertises\/criminal-defense\/"},"modified":"2025-12-12T12:12:35","modified_gmt":"2025-12-12T11:12:35","slug":"criminal-defense","status":"publish","type":"page","link":"https:\/\/mpw-rechtsanwaelte.com\/en\/expertises\/criminal-defense\/","title":{"rendered":"Criminal Defense"},"content":{"rendered":"
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Hardly any other area of legal practice is as complex and challenging as defense and advice in criminal cases. It is not uncommon for the freedom and liberty of those affected to be at stake. The consequences of a criminal conviction are often severe. From the outset, criminal proceedings represent an exceptional situation of immense stress for those affected. <\/p>\n\n\n\n

Expectations from a good criminal defense are therefore high. They range from legal and strategic skills to social and psychological competence. The respective individual case must be addressed and both solution and approach must be tailored to the client\u2019s specific needs. <\/p>\n\n\n\n

The criminal defense attorney is, in particular, the client\u2019s advocate before law enforcement authorities, prosecution, court and \u2013 if the specific case requires it – before the media as well. <\/p>\n\n<\/div><\/div>\n\n

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Hans Dahs<\/a> aptly notes that \u201cdefence is struggle \u2014 a struggle for the rights of the accused in conflict with the organs of the state.\u201d Even though the criminal police, the public prosecutor\u2019s office, and the courts are bound to objectivity and the search for truth, a \u201cstruggle for justice by means of the law\u201d may nonetheless be necessary.<\/p>\n\n\n\n

As a law firm specializing exclusively in criminal law, we ensure that our criminal defense and our clients benefit from this high standard. We treat each case individually and work with our clients to develop customized solutions for the exceptional situation that criminal proceedings entail. If necessary, this also means objective criticism and determination in fighting for the rights of our clients. <\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n

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Preliminary proceedings<\/h2>\n\n\n
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The purpose of the investigation proceedings is to clarify the suspicion of a crime. Subsequently, the public prosecutor decides whether to bring charges for a crime, to withdraw from prosecution (e.g. diversion) or to otherwise discontinue the proceedings and drop the case. <\/p>\n\n\n\n

Preliminary proceedings are primarily conducted by the public prosecutor and the criminal investigation department, with the public prosecutor acting as the lead agency. The criminal investigation department usually does most of the investigative work and reports to the public prosecutor. <\/p>\n\n<\/div><\/div>\n\n

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Investigative measures are manifold and range from interrogating the accused, witnesses and evaluating evidence to coercive measures such as seizures, telephone surveillance (wire taps), secret observation and much more.<\/p>\n\n\n\n

Since the preliminary proceedings form the basis for the further progress of criminal proceedings, the foundation for a successful criminal defense must be laid at this early stage. We recommend that you consult a criminal defense lawyer as early as possible, because once procedural and strategical mistakes have been made, they are difficult to rectify. <\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n

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Main proceedings<\/h2>\n\n\n
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The main proceedings begin with the filing of the indictment. The purpose of the main proceedings is to review the charges in order to be able to reach a decision on the outcome of the criminal proceedings. This usually takes place during the main hearing. <\/p>\n\n\n\n

Depending on the offense, a single judge, a court of lay assessors or a jury is responsible. The public prosecutor acts as the accuser in the main hearing. The defendant can and sometimes must be represented by a defense attorney. <\/p>\n\n\n\n

During the main hearing, the court forms a direct impression of the defendant and the respective evidence. The perceptions and impressions gained from this are incorporated into the judgment and form the basis for the consideration of evidence. <\/p>\n\n<\/div><\/div>\n\n

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At this stage of the criminal proceedings, legal know-how, strategic and psychological skills, creativity and determination play a decisive role in a successful defense.<\/p>\n\n\n\n

We prepare our clients for trials down to the smallest detail. This ensures that you are not only prepared for the questions of the court and the other parties involved, but also know what to expect. <\/p>\n\n\n\n

We stand behind you every step of the way, file the necessary (evidentiary) motions, question witnesses and experts, and emphasize and reinforce your positions and arguments.<\/p>\n\n\n\n

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Appeal proceedings<\/h2>\n\n\n
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If you are convicted by a criminal court, there is generally the possibility of having the judgment reviewed by an appellate court. This usually requires the timely filing and execution of an appeal. <\/p>\n\n\n\n

Depending on which court has passed the judgment, the available legal remedies are nullity appeal and\/or full appeal. An appeal can be used not only to challenge the judgment itself, but also, for example, the amount of the penalty imposed. However, the appeal proceeding itself does not involve a retrial of the first-instance proceedings and the admission of (new) evidence. Rather, it is a matter of reviewing the first-instance decision. <\/p>\n\n<\/div><\/div>\n\n

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The arguments that can be successfully used against a first-instance judgment are therefore limited. Consequently, it is crucial to know what and how to criticize a judgment in the context of an appeal. <\/p>\n\n\n\n

Through our specialisation in criminal law<\/a>, we have the experience to recognise where errors occur in first-instance proceedings and why judgments are often flawed. We pay close attention to detail and, with our technical expertise, are able to identify even the smallest mistakes in judicial decisions. This capability can often make a decisive difference in appellate proceedings.<\/p>\n\n\n\n

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