PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 114b
[Instruction of Arrested Accused; Rights]

(2)4. may at any time, also before his examination, consult with defence counsel of his choice;

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.

PART ONE
GENERAL PROVISIONS

CHAPTER XI
DEFENCE

Section 138.
[Choice of Defence Counsel]

(2) Other persons may be engagedadmitted only with the approval of the court. In and, in cases where the assistance of defence counsel is mandatory and the person chosen is not among the persons who may be appointed as defence counsel, such person may additionally be admitted as counsel of the accused’s own choice only together with one who may be so appointed .

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence

This provision follows the ICC Statute.

This right is provided for under Section 136 of the Criminal Procedure Code - Strafprozessordnung (StPO)