Access to files where there is a substantiated legal interest enables persons outside the traditional parties to the proceedings to obtain access to the results of an investigation or main proceedings if they can demonstrate a plausible and legally relevant interest. Pursuant to Section 77 StPO, public prosecutors’ offices and courts grant such access provided that no overriding public or private interests conflict with it.

Select Your Preferred Appointment Now:Free initial consultation

Purpose of access to files outside party status

Access to files based on a legal interest gives persons outside the traditional parties to the proceedings controlled access to information from criminal proceedings. The Code of Criminal Procedure provides that the public prosecutor’s office and the court may grant access if someone sets out a plausible legal concern and no overriding interests worthy of protection conflict with it.

The legislator pursues a clear objective. Anyone who can only meaningfully exercise their own rights if they know the contents of a criminal case file should not be completely excluded from the information available in the proceedings. At the same time, access remains not a general right to information, but an instrument for safeguarding specific legal interests.

A legal interest exists if access is actually necessary for a decision, enforcement of a claim or legal review. The authority therefore always examines whether the requested access has a substantive connection to an existing legal position.

Typical use cases are:

• Preparation or enforcement of civil-law claims
• Clarification of liability or insurance issues
• Proof of certain facts in other proceedings

This design creates a balance between transparency and the protection of sensitive procedural data. Access is granted only after review of the specific individual case.

Requirement of a plausible legal interest

Access requires that the applicant sets out their legal interest coherently and in a verifiable manner. The authority reviews not only the application, but also the purpose for which the information is needed.

A legal interest exists if access is necessary for a specific legal decision or enforcement of a claim. A merely general interest in the contents of the criminal case file is not sufficient. Anyone applying for access must explain which rights are affected and why these specific parts of the file are required.

In particular, the reasoning should include:

• Description of one’s own legal concern
• Specification of the information required
• Explanation of why this information can only be obtained from the criminal case file

The review is always case-specific. Even where an interest exists, the authority may limit the scope of access if other interests worthy of protection are affected.

This requirement prevents sensitive procedural data from being disclosed without legal necessity and ensures that only persons who are actually affected are granted access.

Select Your Preferred Appointment Now:Free initial consultation

Eligible persons and practical scope of application

Access to files is aimed at persons or entities without party status who nevertheless have a legally relevant connection to the subject matter of the proceedings. What matters is not the role in the criminal proceedings, but the specifically substantiated interest.

Applicants may include private individuals as well as companies, insurers or authorities. The decisive factor remains that access is needed to clarify a legal issue.

The possible scope covers those results of the investigation or main proceedings held by the public prosecutor’s office or the court, the disclosure of which does not violate overriding interests.

In practice, applications are submitted, for example, by:

• Injured parties who are examining potential claims for damages
• Insurers clarifying recourse or coverage issues
• Authorities preparing their own proceedings
• Companies investigating internal responsibilities
• Lawyers who, on behalf of their clients, set out an existing legal interest and secure the necessary documents for further legal steps

The provision thus enables targeted access to information outside party rights without changing the system of criminal proceedings. Any access remains subject to prior review so that data protection, personal rights and the purpose of the proceedings are safeguarded.

Select Your Preferred Appointment Now:Free initial consultation

Scope of access to files and its limits

Access to files where there is a substantiated legal interest allows access to those results of an investigation or main proceedings that are held by the public prosecutor’s office or the court. This includes, for example, records, expert opinions, reports or other documents that document the status of the proceedings. The purpose of access is to review or prepare existing rights on an objective basis, for example for civil-law claims or to clarify one’s own legal position.

However, this right of access is not unrestricted access to the entire criminal case file. In the individual case, the authority examines which parts of the file are actually required and whether interests worthy of protection conflict with access. Content whose disclosure would jeopardise the purpose of the proceedings or affect sensitive data of uninvolved persons may be excluded.

Typically, access to files includes:

• Procedural records and key investigation documents
• Expert opinions and reports
• Documents required to assess a legal claim

Not included are parts of the file whose disclosure would impair ongoing investigations or concern particularly protected personal data. The authority must provide specific reasons for any restriction and may impose it only to the extent necessary to protect the respective interest.

Select Your Preferred Appointment Now:Free initial consultation

Balancing the interest in access against confidentiality

Granting access to files is always subject to a balancing of interests. The public prosecutor’s office or the court examines whether the asserted legal interest outweighs any opposing public or private interest in confidentiality. This review prevents sensitive information from being disclosed without sufficient cause.

Public interests may include, for example, the protection of ongoing investigations or the proper functioning of the criminal justice system. Private interests primarily concern the protection of personal rights, trade secrets or sensitive health data. The authority may restrict access only to the extent that is actually necessary.

In practice, the following is therefore regularly examined:

• whether the requested information is necessary for the stated legal interest
• whether personal data of third parties is affected
• whether partial access or redaction is sufficient

This balancing ensures that enforcement of rights remains possible without unnecessarily disclosing information worthy of protection.

Select Your Preferred Appointment Now:Free initial consultation

Access to files for academic and statistical purposes

The Code of Criminal Procedure also permits access to files for academic, historical or statistical analyses if there is a public interest in the research. As a rule, personal data must first be pseudonymised. This allows research projects to be carried out without individual persons remaining identifiable.

If pseudonymisation is not possible or is possible only with disproportionate effort, personal data may be transmitted only if the public interest in the research clearly outweighs the confidentiality interest of the persons concerned. The benchmark for this confidentiality interest is the Data Protection Act, which governs the right to protection of personal data and confidentiality.

The decision on such data transmission is made by the competent authority following an independent review. In particular, it assesses whether:

• the planned analysis is genuinely in the public interest
• the scope of the data remains limited to what is necessary
• data-protection safeguards are adequately implemented

This provision enables academic analysis and statistics while at the same time ensuring that personal information is disclosed only under strict conditions.

Select Your Preferred Appointment Now:Free initial consultation

Application and decision-making procedure

Access to files where there is a substantiated legal interest is not automatic, but requires an express application. The application must be submitted to the authority currently holding the procedural documents. Depending on the stage of the proceedings, this may be the public prosecutor’s office or the court.

The application should clearly set out the legal interest and specify which documents are required. Precise identification facilitates the review and speeds up the decision. The authority then assesses whether the asserted interest is sufficiently substantiated and whether any opposing confidentiality interests exist.

The process typically consists of the following steps:

• Submission of a reasoned application for access to files
• Review by the public prosecutor’s office or the court
• Approval, partial restriction or refusal with reasons

If access is approved, the authority determines the scope and the form in which the documents will be made available. Any restriction must be justified in a comprehensible manner so that the decision remains reviewable.

Form of access and transmission of documents

Access to files may take place on site, by providing copies or in electronic form. The form chosen depends on the available technical options and the scope of the requested documents.

In practice, provision is increasingly digital. This enables the entitled person to evaluate the documents in a structured manner and use them further for the respective proceedings. The authority may impose data-security requirements, for example the use of specific data carriers or secure transmission channels.

Typical forms of access include:

• Inspection of the file at the authority
• Provision of copies or printouts
• Electronic transmission of individual parts of the file

Documents whose possession is legally restricted or that contain particularly sensitive content are not provided, or are provided only in an adapted form. In such cases, the authority may impose conditions on use or confidentiality.

Select Your Preferred Appointment Now:Free initial consultation

Distinction from other rights of access to files

Access to files where there is a substantiated legal interest is not a substitute for the specific rights of access to files of accused persons, victims or private parties. It is an independent, subsidiary right of access that applies only where there is no direct party status in the criminal proceedings.

While accused persons and victims receive access to files to exercise their procedural rights, access based on a legal interest primarily serves the clarification of external legal positions. This includes, for example, preparing civil-law claims or reviewing an existing legal relationship.

In summary, the rights of access to files differ in particular in their purpose:

• Access to files for accused persons as an instrument of defence
• Access to files for victims to safeguard rights to information and participation
• Access to files based on a legal interest to enforce or review rights existing outside the criminal proceedings

This distinction is essential because requirements, scope and limits are each governed by different legal rules. Correct classification therefore determines which application is admissible and which documents can actually be made accessible.

Select Your Preferred Appointment Now:Free initial consultation

Legal remedies if access to files is refused

If the competent authority refuses a requested access to files in whole or in part, it must communicate the decision with reasons. The reasons must indicate which interests conflict with access and which parts of the file are affected.

If access is unjustifiably refused, legal remedies are available. The affected person may request a review of the decision and explain why their legal interest requires access.

The aim of these legal remedies is to prevent blanket or excessive restrictions. At the same time, the legally required balancing with third-party interests worthy of protection remains in place.

Select Your Preferred Appointment Now:Free initial consultation

Your Benefits with Legal Assistance

Asserting a legal interest and precisely identifying the required parts of the file require precise legal argumentation. Legal representation can structure the application so that the requirements are clearly set out and unnecessary delays are avoided.

The lawyer handles the drafting and submission of the application, reviews the documents received and places the file contents in the relevant legal context. This provides the client with an objectively prepared basis for decision-making for further steps.

Legal support is particularly helpful for:

• Coherent presentation of the legal interest
• Targeted selection of relevant parts of the file
• Review of restrictions or refusals
• Legal classification of the information obtained

Especially in extensive or sensitive proceedings, a structured approach increases the likelihood that access to files will be granted to an extent that is legally permissible and practically usable.

Select Your Preferred Appointment Now:Free initial consultation

FAQ – Frequently Asked Questions

Select Your Preferred Appointment Now:Free initial consultation