'Rights during investigation - informed of belief that crime has been committed' in document 'Germany - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 114a
[Notification of Accused]

A copy of the warrant of arrest shall be handed over to the accused at the time of his arrest; if he does not have a sufficient command of the German language he shall additionally be provided with a translation in a language he understands. If it is not possible for a copy and, where necessary, a translation to be handed over to him,
he must be informed without delay, in a language he understands, of the grounds for his arrest and the accusations levied against him. In that case the copy of the warrant of arrest and, where necessary, a translation shall subsequently be handed over to him without delay.

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 115
[Examination by the Court]

(3) During the examination, the incriminating circumstances shall be pointed out to the accused and he shall be informed of his right to reply to the accusation or to remain silent. He shall be given an opportunity to remove grounds for suspicion and arrest and to present those facts which speak in his favour.

PART ONE
GENERAL PROVISIONS

CHAPTER X
EXAMINATION OF THE ACCUSED

Section 136.
[First Examination]

(1) At the commencement of the first examination, the accused shall be informed of the offence with which he is charged and of the applicable criminal law provisions. He shall be advised that the law grants him the right to respond to the charges, or not to make any statement on the charges, and the right, at any stage, even prior to his examination, to consult with defence counsel of his choice. He shall further be advised that he may request evidence to be taken in his defence. In appropriate cases the accused shall also be informed that he may make a written statement, and of the possibility of perpetrator-victim mediation.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court