File inspection
May 17, 2011 | 30,00 EUR | answered by Jan Wilking
Tomorrow,
I need a brief legal advice from you!
For exactly 11 months, several proceedings have been ongoing against me on suspicion of threats and fraud. I have appointed a lawyer in this matter, who has been assigned as a public defender. This lawyer has reviewed the case file and informed me that there is no evidence. All witnesses only expressed assumptions.
Now I have asked my lawyer again to review the case file and hand over the copies to me, because I would like to know exactly what I am accused of. My lawyer has denied it, as there are over 10 files and no evidence. Now I have requested access to the files from the prosecutor's office under § 147 (4) StPO. The prosecutor's office wrote me the following...
It is not possible to send the files for review to you. Your defense attorney has already reviewed the files.
Now I need legal advice.
What can I do to obtain copies of the case files? My lawyer repeatedly denies access to the files and does not want to make copies for me. What else can I do?
Dear seeker of advice,
I am happy to answer your inquiry considering the information provided and your commitment as follows:
The law provides for a right of access to files for an undefended suspect, § 147 paragraph 7 StPO. If a defense attorney is appointed, § 147 paragraph 4 StPO specifies such a right for the defense attorney.
According to the wording of § 147 paragraph 7 StPO, the right is intended to apply only to the undefended suspect. One must generally accept this limitation in view of the fact that the suspect has the opportunity to use the content of the files through his defense attorney to adequately prepare his defense. Such a legal regulation is at least compatible with the right to defense under Article 6 III b of the ECHR. However, there are also cases where, in order to ensure an effective defense, it is necessary to allow the defended suspect to access the files alongside the defense attorney: Such a claim must always be accepted if the suspect, based on his knowledge and the extent of the proceedings, is better able than his defense attorney to understand the files and with that knowledge to prepare a more effective defense.
Therefore, you should first request your lawyer in writing to grant you access to the files. In case of a repeated refusal, you should request a written justification from the lawyer in order to be able to present it to the prosecution.
You can send this written confirmation of the refusal of access to the prosecution and once again request access to the files invoking § 147 paragraph 7 StPO. In doing so, you should refer to your right to self-defense (Article 6 III b of the ECHR, see e.g. ECtHR No. 46221/99 - judgment of March 13, 2003) and explain that your own access to the files is necessary for an effective defense.
I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that, within the scope of an initial consultation without knowledge of all circumstances, I cannot provide a final recommendation. If you wish to have a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while examining all documents.
Best regards
