Criminal Defense Lawyer in Berlin

The Berlin Public Prosecutor’s Office directs criminal investigations within its jurisdiction and regularly instructs units of the Berlin Police. Once retained, we notify the authorities, obtain the investigation file, and take over communications with the police and prosecution.

When a search is underway or someone has been arrested, the initial coordination will often take place by phone. After reviewing the file, we decide whether to submit a written response, file a motion, or make no statement at that stage. The linked topic pages explain the options following a summons, search, file review, or indictment.

Which court will hear a criminal case depends primarily on the charge, the expected sentence, and any special statutory rules. In Berlin, all Local Court criminal cases are concentrated at the Tiergarten Local Court. Serious criminal cases are heard by Berlin Regional Court I, while certain national-security prosecutions are tried at first instance by the Berlin Court of Appeal.

Tiergarten Local Court

All criminal and regulatory-offense cases within the jurisdiction of Berlin’s Local Courts are concentrated at the Tiergarten Local Court. The Local Court has jurisdiction when no sentence of more than four years’ imprisonment is expected and the case is not assigned by law to the Regional Court or Court of Appeal. A single criminal judge hears private-prosecution cases and other matters carrying an expected sentence of no more than two years. The lay-judge court handles the more serious Local Court cases and may impose up to four years’ imprisonment. The Tiergarten Local Court also handles penalty orders, expedited proceedings, juvenile cases, and judicial measures during the investigation.

Berlin Regional Court I

Berlin Regional Court I hears criminal cases at first and second instance. At first instance, it has jurisdiction in particular where more than four years’ imprisonment, placement in a psychiatric hospital, or preventive detention is expected, where the significance of the case justifies an indictment before the Regional Court, or where a statutory special assignment applies.

First-instance cases are heard by large criminal divisions. Specialized divisions handle, among other matters, homicide cases, national-security cases under Section 74a of the German Courts Constitution Act, juvenile cases, and white-collar cases. The homicide divisions hear murder, manslaughter, and the other offenses listed in Section 74(2). As an appellate court, Berlin Regional Court I generally reconsiders Tiergarten Local Court judgments on both the facts and the law.

Berlin Court of Appeal (Kammergericht)

The Berlin Court of Appeal has first-instance jurisdiction over certain particularly serious national-security prosecutions under Section 120 of the German Courts Constitution Act. It also decides appeals on points of law from Regional Court appellate judgments and direct appeals on points of law from Tiergarten Local Court judgments. The Federal Court of Justice hears appeals on points of law from first-instance judgments of Berlin Regional Court I and the Berlin Court of Appeal.

After an arrest, the first step is to determine the person’s legal status. The police may hold a suspect temporarily. Continued pretrial detention requires a judicial arrest warrant. At the detention hearing, the court examines whether the evidence supports the high degree of suspicion required for detention and whether a statutory ground for detention exists. The court may revoke the warrant, suspend it subject to conditions, or order continued detention.

Adult men in pretrial detention in Berlin are generally held at the Moabit Correctional Facility. Different rules apply to women, juveniles, and young adults. Transfers may also occur. The actual place of detention should therefore be confirmed with the court, police, Public Prosecutor’s Office, or correctional facility.

Placement after a final conviction is governed by separate rules. It depends in part on the length of the sentence, the person’s current custody status, and eligibility for an open facility. The location of the original arrest does not determine where the sentence will be served.

Family members contacting the police, court, or correctional facility should have the detained person’s full name and date of birth. A case number will make it easier to identify the matter. Private visits to the Moabit Correctional Facility require an appointment. In pretrial-detention cases, a visitation permit may also be required. The place of detention and any applicable restrictions should be confirmed before an appointment is scheduled. Family members should avoid discussing the allegations or coordinating statements through private visits, letters, or phone calls.

Current as of July 2026. Jurisdictional rules, contact details, and visitation procedures may change. Please check the current information published by the relevant judicial authority.