{"id":2638,"date":"2018-06-14T20:30:41","date_gmt":"2018-06-14T18:30:41","guid":{"rendered":"https:\/\/fachanwaelte-berlin.de\/?page_id=2638"},"modified":"2022-03-16T21:16:57","modified_gmt":"2022-03-16T19:16:57","slug":"mandatory-defense","status":"publish","type":"page","link":"https:\/\/fachanwaelte-berlin.de\/en\/mandatory-defense\/","title":{"rendered":"mandatory defence"},"content":{"rendered":"

In criminal proceedings, an accused or defendant has the right in certain situations to have the court appoint a criminal defense attorney as a public defender. The assignment in accordance to \u00a7 45 para. 3 RVG<\/a> results in the activity of the defense attorney being paid for by the state treasury or state treasury.<\/p>\n

Of course, we also take over your defense as a public defender and, on request, we can also inform you in advance by telephone or email whether the requirements for a mandatory defense are met.<\/p>\n

In criminal proceedings against adults, this is regulated in \u00a7 140 StPO<\/a> , in criminal proceedings against young people and adolescents in \u00a7 68 JGG<\/a> .<\/p>\n

After that, a public defender will be appointed, among other things, if<\/p>\n

the main hearing takes place in the first instance before the Higher Regional Court or the Regional Court or<\/p>\n

the accused is charged with a crime<\/a> or<\/p>\n

remand or temporary accommodation is enforced against an accused or<\/p>\n

the accused has been in an institution for at least three months on the basis of a judicial order or with judicial approval and is not released at least two weeks before the start of the main hearing, or<\/p>\n

this is necessary because of the seriousness of the offense or the difficulty of the factual or legal situation or it is evident that the accused cannot defend himself. Here are a few examples: an assignment usually occurs, among other things, if<\/p>\n