The right to information obliges law enforcement authorities to inform affected persons early and comprehensibly about their essential rights and their position in the criminal proceedings to inform, as soon as an investigation is conducted. This duty to inform arises as soon as an investigation is underway and is directed at the criminal police or the public prosecutor’s office. It may only be temporarily omitted if specific circumstances suggest that the purpose of the investigation would otherwise be jeopardized.

Furthermore, pursuant to Section 70 of the Code of Criminal Procedure (StPO), victims may, upon request, be notified of security-relevant procedural events, in particular the release, escape, or discharge of the accused. Particularly vulnerable victims also receive information regarding extended protection rights and the possibility of psychosocial and legal support during the proceedings.

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Right to information in criminal proceedings

Criminal procedure provides that affected persons are informed early about their position and their options. This right to information ensures that participants do not merely experience the proceedings but also understand them. It creates transparency regarding processes, rights, and possible decisions and prevents essential steps from going unnoticed.

As soon as an investigation is conducted, the duty of law enforcement authorities to inform begins. The information does not concern individual detailed questions, but rather the fundamental classification of one’s own role in the proceedings. This creates a clear starting point for further decisions and procedural actions.

The right to information does not serve to direct the proceedings, but rather to provide orientation within the criminal process. It makes it possible to categorize the progress objectively and to consciously exercise one’s own rights without requiring prior legal knowledge.

Timing and scope of the duty to inform

The duty to inform begins early in the proceedings. At the very start of the investigation, the competent authorities must provide information about essential rights and procedural options. Only in strictly limited exceptional cases may this information be temporarily deferred, for example, if specific investigative objectives would be jeopardized.

The scope of the information depends on the respective procedural situation. It is decisive that the content conveyed is comprehensible and complete. A merely formulaic instruction is not sufficient. The information should provide actual orientation and not merely fulfill formal requirements.

In terms of content, the information specifically includes:

• the classification of one’s own position in the proceedings,
• fundamental rights of participation and protection,
• options for further notification regarding procedural steps.

This structured information creates a realistic picture of the course and significance of the criminal proceedings as well as one’s own role therein.

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Notification of essential procedural steps

In addition to the information at the beginning, criminal procedure also provides for notifications regarding central developments under certain conditions. These primarily concern situations in which the personal or legal situation changes noticeably. The goal is to ensure that surprising or burdensome decisions do not have to be acknowledged without preparation.

Particularly relevant notifications include information on drastic measures that may affect the further course of the proceedings or personal safety. Notification does not occur automatically, but on the basis of a previously provided instruction and a corresponding declaration.

Typically, such notifications concern:

• changes in the status of the accused,
• measures with immediate external impact,
• procedurally significant transitions.

This ongoing information strengthens the traceability of the proceedings and makes it possible to react appropriately to new developments.

Special information rights in cases of deprivation of liberty

Certain procedural situations trigger an increased need for information. These primarily include measures related to the deprivation of liberty or its termination. In such cases, criminal procedure provides that affected persons are notified separately upon express request.

These information rights do not concern the ongoing status of the investigation, but rather specific events of immediate significance for safety and the course of the proceedings. Notification only occurs if it has been explicitly requested beforehand. This keeps the information targeted and does not unnecessarily burden the proceedings.

These particularly sensitive notifications include, among others:

• the release of an accused person,
• escape from an ordered detention,
• the imminent or already occurred discharge from an institution.

This information makes it possible to adjust to changed circumstances in good time and to review one’s own protection or action options.

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Waiver of further notifications and summonses

Following prior instruction, a declaration can be made to waive further notifications and summonses. This declaration significantly changes further participation in the criminal proceedings. It results in no further communications or summonses being issued, as long as no other role in the proceedings is added.

The waiver does not constitute a surrender of rights, but rather a conscious decision regarding the extent of one’s own participation. It is particularly suitable if there is no further interest in active pursuit of the proceedings or if an additional burden is to be avoided.

It is important to note:

• The waiver only applies to the future.
• Procedural actions already taken remain unaffected.
• An obligation to cooperate may nevertheless exist, for example, in the case of a later examination as a witness.

This option creates flexibility in the proceedings and allows one’s own participation to be adapted to the personal situation.

Your Benefits with Legal Assistance

The right to information is only effective if the content conveyed is correctly categorized and practically utilized. In practice, it is evident that while instructions are given formally correctly, their significance often remains unclear or is underestimated.

Legal representation helps to categorize the information received in terms of content and to realistically assess its impact on the further proceedings. This is not about influencing the criminal proceedings, but about orientation, structure, and clarity.

Legal support is particularly helpful when

• it is unclear which information is actually relevant,
• ongoing notifications are legally or personally burdensome,
• decisions regarding further participation or a waiver are to be made.

Through this classification, misunderstandings can be avoided and unnecessary uncertainties reduced. An early consultation makes it possible to categorize one’s own level of information and to consciously shape the further course of action.

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FAQ – Frequently Asked Questions

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