The procedure for file inspection according to § 53 StPO regulates the formal process by which law enforcement authorities decide on applications for file inspection. It determines which authority is responsible, when file inspection is to be granted, and to what extent an inspection can take place. This procedure thus ensures that file inspection is carried out not informally, but according to clear procedural rules.

At the same time, the file inspection procedure ensures that decisions regarding the granting, restriction, or refusal of file inspection remain traceably documented and legally reviewable. It thus protects both the procedural rights of the parties involved and the functionality of the investigation procedure.

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Position of the File Inspection Procedure in Criminal Proceedings

The file inspection procedure determines the decision-making path for applications for file inspection. It does not regulate who is entitled to file inspection, but specifies the manner and standards by which the competent authority decides on an application.

In criminal proceedings, file inspection does not arise automatically. Only the application and the subsequent official decision enable the concrete exercise of an existing right to file inspection. The file inspection procedure organizes this decision-making process and ensures that the authority acts uniformly, traceably, and structured.

Systematically, the file inspection procedure classifies the exercise of individual file inspection rights and links them with legal protection against their violation. It creates the procedural basis for all situations in which a person seeks file inspection.

Key functions of the file inspection procedure include, in particular:

• formal handling of file inspection applications,
• determination of the type and scope of inspection,
• justification and documentation of the decision,
• preparation for any legal protection.

The file inspection procedure regulates the process in criminal proceedings and establishes clear rules according to which authorities grant, restrict, or refuse file inspection.

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Purpose of the Regulation on File Inspection

The regulation on file inspection stipulates how file inspection practically proceeds once a corresponding right exists. It regulates the handling of applications and ensures that authorities do not decide in a disorganized manner or merely at their discretion, but proceed according to clear procedural guidelines.

The focus is on the practical handling of file inspection. The regulation enables authorized persons to access relevant files and at the same time protects ongoing investigations and legitimate interests of third parties.

The regulation on file inspection is always linked to an existing right to file inspection. Therefore, file inspection is only available to those persons who are expressly recognized by law as authorized. These include, in particular, the accused, certain other parties involved in the proceedings, and their legal or attorney representatives.

The regulation on file inspection presupposes an existing right to file inspection. Therefore, only those persons expressly designated by law as authorized receive file inspection. These include, in particular, the accused, certain other parties involved in the proceedings, and their legal or attorney representatives.

The file inspection procedure does not establish an independent right of inspection. It builds on an existing authorization and solely regulates in what form and according to what procedure an authorized person exercises file inspection. The specific scope of file inspection results from the respective rights to file inspection and is presented separately.

The regulation therefore ensures that:

• Applications are duly reviewed,
• Decisions are made not generally, but on a case-by-case basis,
• Scope and timing of inspection are clearly defined,
• Decisions remain traceable and reviewable.

It thus links the right to file inspection with a clear process and prevents inspection from being granted or refused arbitrarily.

Process of File Inspection

File inspection requires an application. This can be submitted by the authorized person themselves or by a lawyer. The competent authority is the one that maintains the criminal file, usually the public prosecutor’s office or the court.

Upon receipt of the application, the authority examines whether and to what extent file inspection is to be granted. Both the asserted right of inspection and any conflicting interests are taken into account. The examination always refers to the specific stage of the proceedings.

In the course of the decision, it is determined:

• which parts of the file may be inspected,
• in what form the inspection takes place,
• whether restrictions are necessary,
• when the inspection is granted.

The decision forms the basis for the actual inspection. If file inspection is restricted or denied, this must be objectively justified. Only then does the decision remain reviewable and legally challengeable.

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Application and Jurisdiction

File inspection does not occur automatically, but only upon explicit application. The authorized person submits the application themselves or has it submitted by a lawyer who accompanies the procedure.

The competent authority is the one currently maintaining the criminal file.

In the investigation procedure, the public prosecutor’s office receives applications for file inspection. Until the final report is submitted, the criminal police may also grant file inspection. In the main proceedings, the court decides on applications for file inspection.

If the accused is in pre-trial detention, the court must, upon application, grant file inspection of those parts of the file that are relevant for assessing the suspicion of an offense or the grounds for detention.

An application should indicate:

• who is seeking file inspection,
• to which files or parts of files the request refers,
• for what purpose the inspection is needed.

A formal justification is not required. In practice, however, a clear delimitation facilitates the decision and accelerates the procedure. Unclear or blanket applications often lead to delays.

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Type and Scope of Granting

After reviewing the application, the competent authority determines in what form it grants file inspection and to what extent the inspection takes place.

File inspection today is predominantly carried out in electronic form. In practice, the competent authority regularly makes the approved parts of the file available digitally, so that inspection is possible without personal appearance.

Taking original files or parts of files outside the authority for independent further processing is not provided for. The inspection is limited to the documents released by the authority in the prescribed form.

File inspection can take place, for example, through:

• Inspection of specific parts of the file,
• Provision of electronic copies,
• Staggered access to individual documents.

The scope depends on the respective right of inspection and the stage of the proceedings. Not every part of the file is automatically accessible. The decisive factor is whether the requested content is necessary for the exercise of the respective procedural rights.

The decision must be guided by the principle that file inspection should be granted as broadly as possible, but restrictions should only be imposed as much as necessary. Blanket limitations without reference to the specific procedure are inadmissible.

Partial or Complete Refusal of File Inspection

The competent authority restricts or refuses file inspection if overriding interests conflict. This applies in particular when an inspection endangers ongoing investigations or the legitimate interests of other parties involved in the proceedings are affected.

However, a refusal may only relate to those parts of the file where an inspection would cause specific disadvantages. A complete refusal is the exception and requires a sound justification.

Typical reasons for restrictions include:

• Endangerment of still open investigative measures,
• Protection of particularly sensitive information,
• Safeguarding legitimate interests of third parties.

The authority must always examine whether partial file inspection is possible. Complete exclusion must not be used as a standard solution.

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Documentation and Traceability of the Decision

Every decision regarding file inspection must be traceably documented. This applies in particular when the application is not fully granted.

The decision must show:

• which inspection was granted,
• which parts of the file remain excluded,
• for what reasons this occurs.

This documentation fulfills a central function. It enables the affected person to objectively understand the decision and, if necessary, to seek legal protection. Without sufficient justification, the decision loses its legal validity.

Legal Protection in File Inspection Proceedings

If the authority refuses or restricts file inspection, this decision is subject to judicial review. Decisions on file inspection directly interfere with the exercise of procedural rights and therefore trigger procedural legal protection.

Legal protection applies if a decision actually impairs defense possibilities or other party rights. This is particularly the case if the authority grants file inspection belatedly, restricts it in content, or refuses it without traceable justification.

Those affected must be able to understand and review every decision regarding file inspection. Only a clearly documented decision shows whether the authority complies with the legal requirements and whether a restriction is objectively justified.

Legal protection in file inspection connects procedural management with party rights. Specific procedural instruments secure this control and are explained in detail on a separate page.

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Your Benefits with Legal Assistance

File inspection is one of the first and crucial steps in criminal proceedings. A lawyer can fully take over this procedural right for the client and ensures that the inspection takes place promptly, correctly, and to the permissible extent.

The lawyer applies for file inspection, clarifies jurisdiction, and handles communication with the public prosecutor’s office or court. After it is granted, they legally evaluate the criminal file and present the relevant contents in a structured manner.

Legal file inspection offers, in particular:

• Taking over file inspection vis-à-vis law enforcement authorities
• Legal classification of the accusation and evidence
• Clear basis for further procedural steps

This provides the client with early orientation and enables them to make well-founded decisions for the further course of the proceedings.

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FAQ – Frequently Asked Questions

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