Abstract

The right of counsel in criminal proceedings is granted by section 137 (1) of the Strafprozessordnung (Criminal Procedure Code), which gives a person the right to obtain legal advice in criminal proceedings whenever he or she wishes, or as the law states: “in jeder Lage des Verfahrens“ (at any stage of the proceedings). There are different stages of criminal proceedings, which are to be distinguished under German Law, but section 137 governs the whole process and is not limited, for instance, to the pre-trial or the trial itself.

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