German Criminal Law FAQ

The Lawyer in Criminal Law

Many people introduce themselves under a star defender a lawyer, who “sneaks out” every accused. In such a choice of words, there is always a bit of awe and admiration at the same time, but on the other hand also the secondary taste that the accused actually deserves a conviction. The best criminal defense lawyer is distinguished in this conception by the fact that he succeeds in removing a culprit from his just punishment by formal legal tricks.

In such thoughts – depending on the point of view – fear or wishful thinking is more likely to express itself. As in medicine, tempting charlatan recipes can also have devastating consequences in criminal defense. A good doctor first makes a careful diagnosis before making promises and recommending therapies.  A good defense strategy must also start with the specific case.

A top lawyer will never just deal with paragraphs. He has his eye on the things behind the paragraphs. Above all, he has his eye on the people who work with the paragraphs.

The best defender in criminal law is the one who achieves the most.

The work of a lawyer specializing in criminal law does not only consist in the traditional defensive role as a defender against threatening fines by the state. Modern criminal defense starts much earlier, for example in criminal law consulting or in commercial criminal law. Similar to Asian martial arts you can say:

“He who knows when to fight and when not to fight will win.”

(Sunzi)

Conflicts cannot always be avoided. Anyone who is wrongly accused of rape has no choice but to engage in a hard legal dispute. The same applies to entrepreneurs who would lose their economic existence if unjustly convicted. In all these cases – which can affect anyone! – the sentence of the famous jurist Rudolf von Jhering from 1892 still applies today:

“The goal of law is peace, the means to it is struggle.”

Good criminal defense is comparable to traditional craftsmanship. In addition to different personal styles, there are also considerable differences in quality between architects, goldsmiths or instrument makers. Likewise, there are quality characteristics in the art of criminal defense that apply generally and independently of personal taste. True mastery consists to a large extent of good craftsmanship and years of experience. The rest is courage, assertiveness and negotiating skills – and a strong personality!

Further information on lawyers’ professional duties is available on our German-language professional conduct portal.

The basics and the diverse backgrounds of a lawyer specializing in criminal law are described in the texts linked here. Some of the links refer to current topics and to the areas of law dealt with by our criminal law boutique. However, most of these pages contain separate pages on the topics presented here. It is therefore worth taking a closer look.