Introduction
Being arrested and detained in a foreign country can be a terrifying experience. This guide aims to clarify the legal processes and assist British citizens navigating the German criminal justice system. It’s crucial to remember that this is a general overview and specific circumstances will always require professional legal advice.
Initial Arrest & Legal Rights
If you are arrested, you have several key rights:
- Right to Know Why: The police must immediately inform you of the reason for your arrest in a language you understand.
- Right to an Interpreter: You have the right to an interpreter if you do not understand German.
- Right to Remain Silent: You have the right to refuse to answer questions.
- Right to a Lawyer: You have the right to request legal representation.
The police must tell you in English (or a language you understand):
- Why you have been arrested
- That initial proceedings against you have started
- Your rights
Do not sign any documents unless you understand them – you must be given an interpreter if you ask for one.
Getting Legal Representation
It is highly recommended to get a local German lawyer as soon as possible. Discuss all the costs beforehand with them. Prisoners Abroad can offer support and assistance in finding a lawyer and legal aid, although this information is not specific to Germany.
Court Proceedings
The German justice system is ‘inquisitorial,’ meaning the judge plays a central role in investigating the case. There is no jury. The judge will question witnesses and gather evidence.
Key Stakeholders
Federal Prosecutor’s Office (Staatsanwaltschaft): Responsible for prosecuting criminal cases. Regional State Court (Landgericht): The higher criminal court. Local State Court (Amtsgericht): The lower criminal court.
Prison Conditions
Prison conditions in Germany are generally good, with standards for cell size, furnishings, and access to running water and toilets. The prison doctor provides basic medical care. However, conditions can vary between prisons.
Financial Matters
Eigengeld: Personal money. This is money you had when you were arrested or has been sent in by friends or family.Hausgeld: Money earned in prison. This is given only if you are assigned a job. Sicherheitsleistung: Bail/bond.
Release & Deportation
British citizens are typically deported after serving their sentences. The British embassy or consulate can help with deportation arrangements. There are multiple ways you can potentially be released – including early release on probation, clemency, or a reduction of sentence.
Useful German Phrases
Here are some essential German phrases that may be helpful:
- Ich spreche kein Deutsch. (I don’t speak German.)
- Ich brauche einen Dolmetscher. (I need an interpreter.)
- Ich möchte einen Anwalt. (I want a lawyer.)
- Wie viel kostet das? (How much does that cost?)
Concluding Thoughts
Navigating the German legal system as a British citizen can be challenging. Maintaining calm, cooperating with the authorities (while asserting your rights), and seeking professional legal assistance are crucial steps. Remember, the British embassy or consulate can provide support and guidance.