Abstract

The Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings affects the German system of mandatory defense in criminal proceedings. While the system of mandatory defense displays – in the majority view – the German understanding of “Rechtsstaatlichkeit” (rule of law), in the past, the whole system has also started to become subject to constant change, which the Legal Aid Directive enhances. From now on, accused persons must be given the right to justice access before being questioned by the police, thus the member states must guarantee the funding of the assistance of a lawyer in this early stage of the proceedings. Hence, the German organization of funding the assistance of a lawyer is subject of this principle-orientated investigation.

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