Courts and Criminal Cases in Germany: Why You Need Both Lawyer and Advocate

When a case becomes a court or criminal matter

For most people, contact with the German legal system does not begin with a summons to court, but with a letter or brief conversation whose significance they underestimate. An employer sends notice of dismissal — and the person has only a few weeks to challenge it in Arbeitsgericht. A creditor files a claim through Mahnverfahren — and silence at this stage means losing the case without any hearing. Police ask to "give a statement" — and this is already the beginning of criminal proceedings, even if the word "suspect" has not yet been mentioned.

A Ukrainian or other foreigner in Germany most often enters the judicial or criminal sphere through typical situations: a dispute with an employer or landlord, a traffic accident, a police check that escalates into suspicion of fraud, a domestic conflict reported by neighbours, or a matter carried over from Ukraine. In each of these cases, there is a moment when you can still manage the situation, and a moment after which you can only react. The difference between them is usually one missed letter.

It is important to understand the migration side as well: a conviction or even an open proceeding can affect your permission to stay. We covered the logic of residence permits in an article about residence permits in Germany.

The German court system

The German court system is built on the principle of specialization: each branch handles its own type of dispute. In civil and most criminal cases, the first instance is Amtsgericht — a district court that handles cases with lower claim amounts and less serious crimes. More complex civil disputes and more serious criminal cases go straight to Landgericht. Appeals are heard by Oberlandesgericht, and the highest instance in civil and criminal matters is Bundesgerichtshof.

Alongside this are specialized branches. Labour disputes — dismissal, unpaid wages, conflicts with employers — are heard by Arbeitsgericht. Disputes with government bodies, including migration issues and appeals of decisions by Ausländerbehörde, fall to Verwaltungsgericht. Choosing the wrong court only means wasted time forwarding the case to the right branch.

For labour disputes, deadlines are particularly strict. If someone is dismissed, a suit in the form of Kündigungsschutzklage must be filed with Arbeitsgericht within three weeks of receiving the notice — this deadline does not extend because of a language barrier. We wrote about labour rights and work permits in an article on work in Germany and employment permits.

How civil and criminal cases move forward

Civil case: from claim to judgment

The standard path for debt collection in Germany often does not begin with a suit, but with Mahnverfahren — a simplified order procedure in which the court issues a payment order without reviewing evidence. If the debtor does not object within the set time, the order automatically becomes an enforceable title. An objection opens ordinary litigation: a Klage is filed, the court schedules a preparatory hearing, the parties exchange written statements, and the case reaches an oral hearing — often the judgment is rendered on the basis of documents and written positions alone, without a separate hearing in the classical sense.

Criminal case: from first contact to verdict

Criminal proceedings in Germany typically begin inconspicuously — with a summons to give a statement, a search, or a simple traffic stop. The legally significant moment is Beschuldigtenvernehmung, interrogation as a suspect, during which the person has the right to remain silent and the right to a translator, and at this stage silence is often the best strategy, not weakness. The case is then managed by Staatsanwaltschaft within Ermittlungsverfahren — pre-trial investigation, during which the prosecution gathers evidence and decides whether there are sufficient grounds for charges.

If evidence is sufficient, the prosecution files Anklage with the court, and the case moves to Hauptverhandlung — the main court hearing. In less serious cases, the prosecution may offer a simplified path — Strafbefehl, a written verdict without a court hearing. This is not a recommendation to accept: Strafbefehl should be carefully reviewed with a lawyer, because its consequences — a criminal record, a fine, or even a suspended sentence — take effect just as they would after a full verdict.

Deadlines worth remembering as basic reference points: two weeks to object to Strafbefehl, usually one month to file an appeal in most cases, three weeks to sue for unlawful dismissal to Arbeitsgericht. These are statutory figures and almost never extended for personal circumstances — this is why reaction in the first few days determines the outcome of the case far more than the quality of arguments to be presented months later.

Why one lawyer is not enough for a foreigner

A German Rechtsanwalt is the only person legally entitled to obtain Akteneinsicht, submit procedural documents, and represent a client in court. Without admission to the bar association, no one else can do this, so the local lawyer always remains central to the case. But for a client who does not live in the German legal system every day, the lawyer alone is often not enough — and the reason is not a lack of qualification, but the structure of the relationship between the foreign client and the local specialist.

First, the client cannot verify the work. The lawyer sends a letter in German, cites paragraphs from StGB or ZPO — and the client must either trust completely or spend days finding a translator for each document. There is no one to compare what was done against what should have been done.

Second, the client does not speak legal language even in Ukrainian, let alone German. The difference between "suspect" and "defendant," between an objection and an appeal, between still having a deadline and one that has passed — all of this is lost in translation, because the lawyer formulates in German briefly, assuming a client who navigates the system on their own.

Third, the client never knows if the case is moving. German proceedings, especially pre-trial investigation, can drag on for months with no visible activity — to the client it looks like a forgotten case, when the prosecution is simply waiting for an expert opinion. Without someone regularly asking for status, anxiety and uncertainty become a separate problem, bigger than the case itself.

What your own lawyer adds

A company lawyer who works with the client before, during, and after engaging a German lawyer closes precisely these three gaps — not replacing the lawyer, but making their work visible and manageable for the client.

Contact with the client is conducted in plain language: without jargon, without paragraphs, in clear sentences about what happened, what will happen next, and what is needed from the client right now. The client's situation — often told in fragments, emotionally, with details that seem unimportant — is translated into a legally precise statement of facts for the lawyer: dates, documents, witnesses, prior contacts with authorities. This saves the lawyer hours of clarifying context and reduces the risk that an important detail will be lost between the client and a specialist seeing the case for the first time on a piece of paper.

The company lawyer directs the lawyer to exactly where the client needs it: insisting on checking a specific deadline, asking questions about alternative strategies, drawing attention to migration consequences of a verdict — something a purely criminal or civil lawyer may not think of first. Finally — monitoring the work and case progress: ensuring that statements are filed on time and that the client receives updates regularly, not only when something critical happens.

How lawyer and advocate work together

This is the most important part of the entire model, so it is worth explaining it in detail and without embellishment. We do not promise a case outcome — no honest lawyer does — but we manage the process so the client is not left alone with an unfamiliar system and so the work of the local lawyer is visible, verified, and coordinated with the client's real needs, not just the formal subject of the suit.

Choosing a lawyer does not begin with a search result, but with verification: admission to the appropriate Rechtsanwaltskammer, genuine practice in the right field — criminal defence, labour law, administrative disputes — not a general "lawyer for all matters" sign. For a criminal case, experience in that specific type of crime matters; for a labour dispute — practice before the specific Arbeitsgericht and knowledge of typical employer positions in the region.

After choosing a lawyer, we prepare a package for them: translated and structured documents, a chronology of events, a list of questions the client considers critical — instead of the client trying to explain a year of events in thirty minutes of broken German. What follows is continuous support: the company lawyer participates in communication with the lawyer, ensures Akteneinsicht is requested on time, ensures responses to Strafbefehl or procedural documents are filed within the deadline, and explains the substance of each step to the client without delay or distortion.

This is especially important at decision points: whether to object to Strafbefehl, whether to accept a deal with the prosecution, whether to appeal. The lawyer gives a legal assessment; the company lawyer verifies that the client truly understands the consequences of each option — including those affecting residency status or future citizenship application. The decision always remains with the client, but is made with full understanding of the situation, not in confusion before a deadline that expires tomorrow.

We also ensure the case does not "hang" silently: pre-trial investigation can take a long time, and without an active request for status, months pass with no contact. Regular inquiries to the lawyer, and where necessary to the prosecution or court, are part of our work, not an additional service that needs to be asked for separately. A general overview of legal support in the country can be seen on the page for Dorosh & Partners in Germany, where all related services are collected.

What it costs

German lawyer fees are mostly regulated by the lawyer compensation law — RVG. In civil cases, the fee amount is tied to the claim value: the higher the dispute amount, the higher the legal rate. In criminal cases, fixed rate brackets apply to each stage, and the lawyer has the right to agree with the client on a fee higher than the legal minimum — standard practice for more complex cases.

For people with limited income, the state provides two support mechanisms. Beratungshilfe covers out-of-court consultation — when the case has not yet reached court but only legal assessment and basic document assistance is needed. Prozesskostenhilfe applies at the litigation stage: on the basis of confirmed low income, the state can fully or partially cover court costs and lawyer fees, and in criminal cases a similar function is performed by appointment of Pflichtverteidiger regardless of the suspect's income.

Separately worth mentioning is Rechtsschutzversicherung — private legal protection insurance. If a person has such a policy taken out in advance, it may cover a significant portion of lawyer costs depending on the type of dispute: labour disputes or disputes with landlords are often covered, while criminal defence is excluded or limited to a narrow list of cases in many policies.

As for who ultimately pays: German civil procedure follows the principle of "loser pays" — they compensate not only their own costs but also court costs and opponent's lawyer fees within legal rates. In criminal procedure the logic is different: in case of acquittal, defence costs are usually covered by the state; in case of conviction, the convicted person bears the costs. A realistic assessment of case prospects at the beginning, not after several hearings, saves money as much as it saves nerves. If the situation is already formed, the simplest first step is a consultation, where we will go through your specific documents and deadlines.

Frequently asked questions

Can you conduct a case in a German court without a lawyer?

In most civil cases before Amtsgericht, you can formally act on your own, but before Landgericht representation by a lawyer is mandatory by law. In criminal cases, a defender is not always required at the beginning, but once the case becomes serious, the participation of a Rechtsanwalt is practically necessary, and in cases prescribed by law, the court appoints Pflichtverteidiger by force.

What to do if you receive a letter about Strafbefehl and there is no translation?

Do not wait for a translation to start acting. The two-week deadline is counted from the date of receipt, not from the date the content becomes clear. Safest is to immediately seek a translation and legal assessment, even preliminary, to avoid missing the deadline for Einspruch.

Will a criminal case affect a residence permit?

It depends on the severity of the charge, the outcome of the case, and the type of permit held. Even an open proceeding, let alone a verdict, often must be reported when renewing a permit, and the migration office assesses this separately from the court. This is one reason why criminal and migration matters should be handled in a coordinated way, not as two separate stories.

How long does a typical proceeding take from first contact to verdict?

No fixed timelines exist in advance — duration depends on case complexity and the court and prosecution workload. Realistically, budget months for investigation and several more months until a hearing.

Can you change lawyers if the relationship does not work out?

Yes, a client has the right to replace a defender at any stage, except for narrow exceptions related to an appointed defender. The key is to do it consciously, with transfer of case materials to the new lawyer without missing deadlines.

A court or criminal case in Germany is rarely settled by one letter or one meeting — it is a process that requires attention at every stage, from first contact with police or a court letter to the final decision. The most important thing you can do at the very beginning is not to lose the first days, when you have the most options, and to ensure for yourself not just a qualified local lawyer, but someone who will verify, explain, and not let the case get lost in a foreign system.

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