Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial: The Situation in Germany

Abstract

The article deals with the legal framework of the right to counsel in German criminal procedure. The regulations are analysed against the backdrop of European Union Law (for example the EU-directive on access to a lawyer or the EU-directive on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings) and the jurisprudence of the European Court of Human Rights. Special attention is paid to specific regulations on the confidentiality requirement of defendant-counsel communication in criminal proceedings of terrorist crimes. Strengths and weaknesses of the German procedural law on access to and confidentiality of correspondence with a lawyer are assessed and the article concludes with a few recommendations for future enhancements of the confidentiality requirement as a precondition of fairness in criminal proceedings.