View and prepare your criminal file with your lawyer

What do you find in a criminal file?

A file may contain statements from different people, police findings, photos, reports and other procedural documents. That material may have been created at different times. Start with a possible table of contents and numbering. Note which version you received and whether additions have been announced.

An official report can describe an observation, a statement or an inference. Those differences are important when reading. A fact stated in a statement is not proven solely by that fact. Therefore, compare questions with the source and context, instead of treating each document as a definitive statement.

Where do you request access?

In principle, a suspect has the right to inspect procedural documents in accordance with the rules of criminal procedure. The Public Prosecution Service describes that you can contact the public prosecutor at the handling public prosecutor's office for this purpose; a lawyer can do this for you. Provide your case details so that the question ends up in the correct file.

Use a reliable, official contact route and request what identification or information is required. A digital file environment may be available to a lawyer. This does not mean that every suspect can log in to the same portal. Agree how you can view and discuss the received documents with the lawyer.

Why a Woo request is usually the wrong route

File inspection for your own defense is different from public disclosure. The Public Prosecution Service warns that the Woo is not the appropriate basis for a suspect who wants to know his case documents. The criminal prosecution route determines which documents you can receive in your position without making them public to everyone.

A general privacy request does not replace that file route either. Therefore, write specifically that you, as a suspect, would like to take note of the procedural documents in the case mentioned. If you do not know which public prosecutor's office is dealing with, first ask based on the letter or the public prosecutor's office number that you have.

Not every piece is available at all times

The availability of documents may be limited during an investigation. The precise rights and possible limitations depend on the phase of the case and the applicable rules. Ask the lawyer what documents are currently available, what is being remembered and what response is possible.

An incomplete first package does not automatically mean that a mistake has been made, but it is reason to ask specific questions. Save the accompanying correspondence. Distinguish between a document that does not yet exist, a file that has not been sent and a decision to temporarily limit access.

Read with a questionnaire instead of just a highlighter

Write down the document date and page number for each question. Then state what you do not understand or what you believe is incorrect. For example: is this a literal observation, a summary of a conversation or a conclusion from other data? This way the lawyer can quickly assess the significance of the point.

Split custom memories from auditable data. An agenda, message or receipt can help, but its meaning must be viewed in context. Keep originals and do not modify anything. The goal is to carefully assess existing information, not to retrospectively construct a story that seems beyond doubt.

An inaccuracy requires a targeted response

Report a wrong name, an incorrect date or an incomplete statement specifically to the lawyer. Ask how such a point should be introduced into the process. A personal comment in your own copy does not change the official file. A request to add a document must also be made through the appropriate procedure.

Sometimes it is not a matter of correction but of further investigation, such as a witness yet to be heard or a missing expert report. Discuss why this may be relevant to the case and at what stage the request should be made. Reading the file and formulating research wishes are therefore related, but are not identical actions.

Divide the pieces carefully

A file often contains sensitive information about yourself and others. Only share it with people for whom it is necessary and appropriate. Discuss with the lawyer how to store and send documents safely. A family group or social media are unsuitable for substantive discussion about the research.

If you want support from a loved one, ask what information is required and how confidentiality is treated. A family relationship does not automatically provide access to all procedural documents. In addition, take into account contact restrictions or other agreements in the business. If there is any doubt about sharing, it is better to consult first than to try to retrieve information later.

Make a joint preparation plan before the hearing

Ask when the lawyer will discuss the file with you and whether any additions are expected. Place the date next to the summons. If you do not have enough time or if essential documents are missing, have it assessed in a timely manner which request is appropriate. A file request does not automatically postpone the criminal hearing.

Agree which questions you will send before the conversation and who will request additions. Use the explanation about postponement if a specific preparation problem cannot be solved in time. Even after the conversation, a short list of outstanding points remains useful, so that expectations about the next step are the same.

• Save case number, covering letter and date of receipt.
• Check table of contents, page numbers and announced additions.
• Record questions with document date and page reference.
• Keep original personal data that may be relevant.
• Plan file discussion and distribute the request for missing documents.