Investigation proceedings · penal order · indictment
A criminal allegation can have personal, professional and financial consequences. The law firm WITTENSTEIN first establishes the current status of the proceedings, safeguards deadlines and reviews the case file before the defence or representation strategy is agreed with you.
Summons, search or penal order?
Remain calm, safeguard all correspondence and record the dates of service and of any measures taken. Accused persons must be advised of their right not to comment on the substance of the case and to consult a defence lawyer before any interview (§ 136 StPO). In the case of a penal order, a two-week period for lodging an objection generally runs from service (§ 410 StPO). The individual case must be reviewed without delay.
Defence and representation at every stage of the proceedings
Summons and investigation proceedings
We clarify your role, the alleged offence notified to us and the competent investigating authority. A statement will only be prepared after strategic review.
Search, seizure and detention
Court orders, records, seized items and existing conditions are organised and reviewed for any immediate need for action.
Access to case files and examination of evidence
The defence requires a reliable factual basis. Files, statements, documents, digital data and exculpatory indications are evaluated by reference to their sources.
Penal order
The allegation, legal consequences, daily rates, service and objection period are reviewed together. A penal order may be issued without a main hearing.
Indictment and main hearing
Upon receipt of an indictment, we review the charges, the evidence and the current stage of the proceedings, as well as preparation for the intermediate and main proceedings.
Injured parties and witnesses
The need for protection and representation of injured persons and support for witnesses are also assessed on a role-specific basis and without conflating them with the defence of accused persons.
Our approach in your criminal case
- Assess the immediate situation
Deadlines, scheduled dates, restrictions of liberty, searches and ongoing measures take priority. - Clarify the mandate and access to the case file
Defence counsel may be instructed at any stage of the proceedings (§ 137 StPO). Access to the case file is governed by § 147 StPO. - Separating the incriminating from the exculpatory
The public prosecution office must investigate both incriminating and exculpatory circumstances (§ 160 StPO). We examine what the case file actually supports and what evidence is missing. - Agreeing strategy and next steps
Whether silence, a written statement, an application for the taking of evidence, an objection or another measure is appropriate depends on the specific proceedings.
You should have these documents ready
- Summons, hearing, penal order, indictment or court order in full
- Service envelope and date of actual receipt
- Search and seizure records
- Statements already made or submissions already sent
- Exculpatory original documents and witnesses who can be contacted, where available
Frequently asked questions on criminal law
Do I have to comply with a police summons as an accused person?
The duties that exist depend in particular on who issued the summons and in what role you are involved. Obtain legal advice before responding, and do not make a detailed statement on the substance without prior review.
What does access to the case file mean?
Access to the case file makes it possible to examine the official investigation file and the evidence documented therein. The scope and timing are governed by § 147 StPO and the respective stage of the proceedings.
What happens after an indictment?
In the intermediate proceedings, the court examines whether the main proceedings are to be opened. The indictment and sufficient suspicion are decisive in particular (§§ 200, 203 StPO).
Make a targeted enquiry about a criminal case
Based on your selection, your enquiry will be suggested to the appropriate specialist module. The law firm will review and confirm the allocation.
The enquiry does not yet establish a client relationship. Deadlines are only monitored after the mandate has been expressly accepted.
Legal sources: §§ 136, 137, 147, 160, 170, 200, 203, 407 and 410 StPO. Editorial review date: 25 September 2026. Official legal texts: StPO