Information
Criminal proceedings in Germany without German: what you should know
This page explains what applies in German criminal proceedings if you cannot follow the language with confidence: the right to an interpreter, who bears the cost, and the points at which misunderstandings become expensive.
The right to an interpreter
Anyone who does not command the German language is provided with an interpreter in criminal proceedings. This is not left to the authority's discretion: under section 187 GVG the court calls in an interpreter or translator in so far as this is necessary for an accused person to exercise their rights, which includes communication with their defence.
The cost of that communication is generally borne by the public purse, including where the proceedings end in a conviction. Concern about these costs is the most common reason people hesitate; it is unfounded.
Questioning and summonses
You are not obliged to attend a police summons, and you are not obliged to make a statement on the substance of the allegation. You must be informed of this right before any questioning, section 136 (1) sentence 2 StPO; for questioning by the police, section 163a (4) StPO applies.
If you do not understand a question or a document, say so explicitly. Records are kept in German, so what you sign is a German text.
- Do not sign anything whose content has not been explained to you in a language you command with confidence.
- Insist on an interpreter, even where the conversation seems straightforward at first.
- A rough translation by relatives or friends is no substitute for an interpreter in the proceedings.
- Keep every letter together with its envelope; the service note determines the deadlines.
- A penal order becomes final two weeks after service unless an objection is lodged.
What to look for when choosing a defence
The following points apply generally, whoever you turn to.
- Availability: deadlines in criminal proceedings are short, so it matters that someone can be reached quickly.
- Communication: clarify in advance which languages advice is given in and how communication is otherwise arranged.
- Access to the file before any statement: only once the file is known, section 147 StPO, can the allegation be assessed.
- Clarity about costs: statutory fees, a fee agreement and court-appointed defence under section 140 StPO should be addressed openly.
What to bring to a first meeting
- Every letter from the police, the public prosecutor or the court, together with the envelopes.
- The file reference, usually printed at the top right of the letter.
- A note of any deadlines and appointments already fixed.
- Your identity card or passport.
- If communication is difficult: a person you trust who can translate for you.
Frequently asked questions
Who pays for the interpreter in criminal proceedings?
In criminal proceedings the cost of communication is generally borne by the public purse. Under section 187 GVG an interpreter is called in where an accused person does not command the language of the court, and those costs are not passed on to them even if they are convicted.
Do I have to sign something I do not understand?
No. You are not obliged to sign a record or a statement, and certainly not a text whose content has not been explained to you. Say clearly that you do not understand the text and ask for a translation.
Can I bring someone to translate for me?
For a meeting at a law firm you may bring a person you trust. That does not apply to questioning or to the trial: there an interpreter is called in, because the exact wording matters and because a companion may themselves become a witness.
Will I receive the case file in my language?
The file is kept in German and is not translated in full. Documents essential to the defence are translated, such as the indictment, a penal order or a judgment; beyond that, the content of the file is explained orally through an interpreter.
This information is general in nature and does not replace advice on an individual case.
If you would like to discuss your own case, you can reach us via the contact page.
Go to contact