Section 114b
Instruction of arrested accused

(2) In the instruction pursuant to subsection (1) accused persons are to be advised that they

7. may, in accordance with the provisions of section 147 (4), apply to inspect the files and, under supervision, to view items of evidence in official custody if they have no defence counsel and

The accused is to be advised of defence counsel’s right to inspect the files under section 147.

Section 141
Time point for appointment of court appointed defence counsel

(1) In cases of mandatory defence, court-appointed defence counsel is without delay appointed for persons who have been accused of an alleged offence and who do not yet have defence counsel if they have explicitly made an application therefor after receiving instruction. A decision on the application is to be taken at the latest before examining an accused person or before an identity parade involving an accused person.

(2) Regardless of whether or not an application is made, court-appointed defence counsel is appointed to an accused person who do not yet have defence counsel in the case of mandatory defence as soon as

1. the accused person is to be brought before a court for a decision concerning detention or provisional placement;
2. it becomes known that the person accused of an alleged offence is in an institution based on a judicial order or judicial authorisation;
3. it becomes apparent, in the course of the preliminary investigation, that the accused is unable to defend himself or herself, in particular in the context of an examination or an identity parade, or
4. the accused person is required under section 201 to make a statement on the bill of indictment; if it does not transpire until a later date that the participation of defence counsel is necessary, defence counsel is appointed immediately.

If, in the cases under sentence 1 no. 1, the accused is brought before the court for a decision on the issuing of a warrant of arrest pursuant to section 127b (2) or on the enforcement of a warrant of arrest pursuant to section 230 (2) or section 329 (3), then court-appointed defence counsel is only appointed if the accused person has explicitly made a request therefor after receiving instruction. In the cases under sentence 1 no. 2 and no. 3, the appointment may be dispensed with if the court plans to terminate the proceedings shortly thereafter and no other investigatory acts are to be taken other than obtaining information from registers or consulting judgments or files.

Section 147
Right to inspect files, right of inspection; accused’s right to information
(1) Defence counsel is authorised to inspect those files which are available to the court or which would have to be submitted to the court if charges were preferred and to view items of evidence in official custody.

(2) If the fact that the investigations have been concluded has not yet been recorded in the file, defence counsel may be refused inspection of the files or of individual parts of the files and the viewing of items of evidence in official custody insofar as this may jeopardise the purpose of the investigation. If the conditions of sentence 1 are met and if the accused is in remand detention or if, in the case of provisional arrest, this has been requested, information of relevance for the assessment of the lawfulness of such deprivation of liberty is to be made available to defence counsel in suitable form; to this extent inspection of the files is, as a rule, to be granted.

(3) At no stage of the proceedings may defence counsel be refused inspection of records drawn up of the examination of the accused or of such judicial investigatory acts to which defence counsel was or ought to have been admitted, nor may he or she be refused inspection of expert opinions.

(4) An accused who has no defence counsel is authorised, applying subsections (1) to (3) accordingly, to inspect the files and to view, under supervision, items of evidence in official custody insofar as the purpose of the investigation even in other criminal proceedings cannot be endangered thereby and the overriding interests of third parties meriting protection do not constitute an obstacle thereto. If the files are not kept in electronic form, instead of granting inspection of the files, copies of the files may be made available to the accused.

(5) The public prosecution office decides whether to grant inspection of the files in preparatory proceedings and after final conclusion of the proceedings; in all other cases, the presiding judge of the court seized of the case is competent to decide. If the public prosecution office refuses inspection of the files after noting the termination of the investigations in the file, if it refuses inspection pursuant to subsection (3) or if the accused is not at liberty, a decision by the court competent pursuant to section 162 may be applied for. Sections 297 to 300, 302, 306 to 309, 311a and 473a apply accordingly. These decisions are given without reasons if their disclosure could jeopardise the purpose of the investigation.

(6) If the reason for refusing inspection of the files has not already ceased to exist, the public prosecution office revokes the order no later than upon conclusion of the investigations. Defence counsel or an accused who has no defence counsel is to be notified as soon as he or she once again has the unrestricted right to inspect the files.

Section 168c
Right to be present during judicial examination

(1) The public prosecutor and defence counsel are permitted to be present during the judicial examination of the accused. Following the examination, they are to be given the opportunity to comment or to ask the accused questions. Questions or statements which are inappropriate or of no relevance to the matter may be rejected.

(2) The public prosecutor, accused and defence counsel are permitted to be present during the judicial examination of a witness or an expert. Following the examination they are to be given the opportunity to comment or to ask the examined person questions. Questions or statements which are inappropriate or of no relevance to the matter may be rejected. Section 241a applies accordingly.

(3) The judge may exclude an accused from being present at the hearing if his or her presence would jeopardise the purpose of the investigation. This in particular applies if it is to be feared that a witness will not tell the truth in the presence of the accused.

(4) If an accused who is not at liberty has defence counsel, he or she is entitled to be present only at those hearings which are held at the court of the place where he or she is in custody.

(5) The persons entitled to be present are to be given prior notice of the dates set down for the hearings. In the cases under subsection (2), notification is dispensed with insofar as it would endanger the success of the investigation. Persons entitled to be present do not have the right to request a change of the date set down for a hearing if they are prevented from being present.

Section 222
Naming of witnesses and expert witnesses

(1) The court is required to provide the public prosecution office and the defendant with the names of the summoned witnesses and expert witnesses in good time. If the public prosecution office makes use of its right under section 214 (3), it is to provide the court and the defendant with the names of the summoned witnesses and experts in good time. Section 200 (1) sentences 3 to 5 applies analogously.

(2) The defendant is required to provide the court and the public prosecution office, in good time, with the names of the witnesses and experts directly summoned by him or her or to be brought to the main hearing, indicating their full address.

Section 141
Time point for appointment of court-appointed defence counsel
Time point for court-appointed

(1) In cases of mandatory defence, court-appointed defence counsel is without delay appointed for persons who have been accused of an alleged offence and who do not yet have defence counsel if they have explicitly made an application therefor after receiving instruction. A decision on the application is to be taken at the latest before examining an accused person or before an identity parade involving an accused person.

Section 147
Right to inspect files, right of inspection; accused’s right to information

(1) Defence counsel is authorised to inspect those files which are available to the court or which would have to be submitted to the court if charges were preferred and to view items of evidence in official custody.

(2) If the fact that the investigations have been concluded has not yet been recorded in the file, defence counsel may be refused inspection of the files or of individual parts of the files and the viewing of items of evidence in official custody insofar as this may jeopardise the purpose of the investigation. If the conditions of sentence 1 are met and if the accused is in remand detention or if, in the case of provisional arrest, this has been requested, information of relevance for the assessment of the lawfulness of such deprivation of liberty is to be made available to defence counsel in suitable form; to this extent inspection of the files is, as a rule, to be granted.

(3) At no stage of the proceedings may defence counsel be refused inspection of records drawn up of the examination of the accused or of such judicial investigatory acts to which defence counsel was or ought to have been admitted, nor may he or she be refused inspection of expert opinions.

(4) An accused who has no defence counsel is authorised, applying subsections (1) to (3) accordingly, to inspect the files and to view, under supervision, items of evidence in official custody insofar as the purpose of the investigation even in other criminal proceedings cannot be endangered thereby and the overriding interests of third parties meriting protection do not constitute an obstacle thereto. If the files are not kept in electronic form, instead of granting inspection of the files, copies of the files may be made available to the accused.

(5) The public prosecution office decides whether to grant inspection of the files in preparatory proceedings and after final conclusion of the proceedings; in all other cases, the presiding judge of the court seized of the case isis competent to decide. If the public prosecution office refuses inspection of the files after noting the termination of the investigations in the file, if it refuses inspection pursuant to subsection (3)) or if the accused is not at liberty, a decision by the court competent pursuant to section 162 may be applied for. Sections 297 to 300, 302, 306 to 309, 311a and 473a apply accordingly. These decisions are given without reasons if their disclosure could jeopardise the purpose of the investigation.

(6) If the reason for refusing inspection of the files has not already ceased to exist, the public prosecution office revokes the order no later than upon conclusion of the investigations. Defence counselor an accused who has no defence counsel is to be notified as soon as he or she once again has the unrestricted right to inspect the files.

Section 168c
Right to be present during judicial examination

(1) The public prosecutor and defence counsel are permitted to be present during the judicial examination of the accused. Following the examination, they are to be given the opportunity to comment or to ask the accused questions. Questions or statements which are inappropriate or of no relevance to the matter may be rejected.

(2) The public prosecutor, accused and defence counsel are permitted to be present during the judicial examination of a witness or an expert. Following the examination they are to be given the opportunity to comment or to ask the examined person questions. Questions or statements which are inappropriate or of no relevance to the matter may be rejected. Section 241a applies accordingly.

(3) The judge may exclude an accused from being present at the hearing if his or her presence would jeopardise the purpose of the investigation. This in particular applies if it is to be feared that a witness will not tell the truth in the presence of the accused.

(4) If an accused who is not at liberty has defence counsel, he or she is entitled to be present only at those hearings which are held at the court of the place where he or she is in custody.

(5) The persons entitled to be present are to be given prior notice of the dates set down for the hearings. In the cases under subsection (2), notification isis dispensed with insofar as it would endanger the success of the investigation. Persons entitled to be present dodo not have the right to request a change of the date set down for a hearing if they are prevented from being present.