Germany

Criminal Procedure Code (Strafprozeßordnung, StPO)

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 114b
[Instruction of Arrested Accused; Rights]

(1) The arrested accused shall be instructed as to his rights without delay and in writing in a language he understands. If written instruction is clearly insufficient, oral instruction shall also be given. The same procedure shall apply mutatis mutandis if it is not possible to give instruction in writing; written instruction shall, however, be given subsequently insofar as this can reasonably be done. The accused shall confirm in writing that he was given instruction; if he refuses, this shall be documented.

(2) In the instruction pursuant to subsection (1) the accused shall be advised that he
1. shall, without delay, at the latest on the day after his apprehension, be brought before the court that is to examine him and decide on his further detention;
2. has the right to reply to the accusation or to remain silent;
3. may request that evidence be taken in his defence;
4. may at any time, also before his examination, consult with defence counsel of his choice;
5. has the right to demand an examination by a female or male physician of his choice;
6. may notify a relative or a person trusted by him, provided the purpose of the investigation is not endangered thereby.

An accused who does not have a sufficient command of the German language shall be advised that he may demand that an interpreter be called in to the proceedings free of charge. A foreign national shall be advised that he may demand notification of the consular representation of his native country and have messages communicated to the same.

Keywords

Fair trial standards



EDIT.