Lawyers of foreigners arrested in Germany

Criminal Law Lawyers

Are you a foreigners resident or a visitor in Germany and for any reason has been arrested? Is it the criminal system in Germany like that of the rest of the countries in the European Union or are there any differences? Do you know your rights?

The criminal system in Germany is similar to that of the rest of the countries in the European Union. As in the rest of the EU countries, the capital punishment was abolished and life sentence is only applied to crimes that are considered as “very serious” crimes, as it is the case of murder.

Nevertheless, there are curious aspects in this criminal system: like the difference between assassination and homicide. For the latter the sentence is only 5 years of imprisonment, and to prove that the crime of homicide has not been ¨assassination¨ it is enough to consider that the action was not perpetrated in a treacherous or insidious way.

Basically the criminal proceedings splits into three stages:

- The preliminary investigation: This is when there is the suspicion that a crime has been committed and it is investigated even carrying out a search on the house as long as there is a court order from the judge or district attorney that must be supported by the belief that this search will lead to substantial evidence.
- The stage of studying the cause: Where one informs the accused about the accusation, some evidences are presented and a hearing takes place where to decide whether there will be a trial or not.
- The plenary meeting: that is when the hearing takes place, where it is verified the presence of both parts, of the existing evidences, and witnesses are called to declare. At this stage the accused has the right to make clarifications after each declaration, as well as the defense attorney and the district attorney. Sentence will be pronounced at the end of this hearing if it is proved that the accused has committed the crime.

English speaking Solicitor

No matter your nationality, if you get arrested, you will have the same rights that the rest of this country´s citizens. Therefore, from the first moment, you will have the right to be assisted by a lawyer to defend your cause.

Initially, if you know that you are being investigated, a criminal lawyer that you trust can defend you confidence or you can access to Internet and request the services of any criminal lawyer, who has license to practice in German territory. But if you have been an arrested without previously knowing that there is an ongoing investigation against you and you cannot longer access to Internet, you will have the right to call your lawyer or to be provided with a list of lawyers by the Police for you to call them.

If the language barrier prevents you from getting in touch with these lawyers, you will have the right to make a call to the General Consulate of your country, which will be able to offer you a list of lawyers that speak your language.

In case you do not have enough incomes as to pay the services of these lawyers you will also have the right to a legal assistance that provides you the required counseling.

In Germany there are also there "public defenders" and translators that can assist you for free. That said: if you turn out to be "absolved", it will be the State who will assume the cost of these lawyers and translators. However, if after the result of the trial you were convicted, the costs of this "public defender" will be demanded from you.

European Shoplifting Lawyers

As the accused you will have the right not to declare on the facts, but if you decide to declare, you will have right to make this declaration in the presence of your lawyer. You must bear in mind that everything you declare will stay in record.

And is Germany characterized for being a country where racism prevails? Does the fact of being Latin exposes you to receive a different treatment?

Regardless of the fact that you speak the German language, being Latin (or a foreigner in general), might be a "barrier" for you.

Although legally racism is prohibited constitutionally in Germany and in 2006 a Law for Equality has been passed, this topic is very difficult to eliminate from the “Aryan mindset” of this country, where there is an "unconscious racism" and the word "racism" is not well defined for many, as they unconsciously discriminate against people for having a different color of skin or a different language.

You, as foreigners, will not be exempt from being discriminated against. There are many ways of showing racism and discrimination: you might be liable to expressions, ridiculous behaviors or even to unequal treatment from that they give to other ¨national¨ arrested ones. That is why, you must know that in case your rights as a detainee have been violated, there are mechanisms to go through the procedures that have been applied to you, and you can make a complaint in an advice center, or in the same court handling your case.

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