GER: Less Paper, More Flexibility for the Criminal Justice System

Sept 20, 2024 Benn-Ibler Rechtsanwälte

The German justice system is becoming increasingly digital. Electronic communication is now to be made easier in the criminal justice system as well. Citizens will be able to file criminal complaints online or be part of proceedings via video conferencing. Digital communication between clients, lawyers, and the courts will be easier in future. The relevant law has now come into force.

The digitisation of the judiciary, which is already well advanced, will be further encouraged in all codes of procedure through legal adaptations in the area of electronic legal transactions and electronic file management.

Some offences, such as criminal damage to property, can only be prosecuted if a complaint is lodged by the victim. In the past, it was only possible to file such a complaint in written form. Now, citizens can file a criminal complaint with just a few clicks. In future, it will be easy to file a complaint using an online form provided by the Internet station of the police.

It is also intended to make it easier to switch to electronic case files. As of 1 January 2026, all new files in the justice system will have to be kept in electronic form. At present, the electronic file system is still in its pilot phase, and so-called hybrid files, i.e. case files consisting of paper documents and a digital file, are not yet allowed. However, it is expected that this will soon change.

In the event of a revision of the main indictment, or a review of a judicial decision, it may be possible in future for the accused, their defence, and public prosecutors to participate in the proceedings from a different location via video conference.

Furthermore, solicitors will now have the option of electronically transmitting their clients’ applications or statements to the courts. This had not been previously possible in every instance.

In the field of insolvency and restructuring, the possibilities of electronic communication are also being extended. Furthermore, the maintenance of an electronic creditor information system is to become mandatory in all insolvency proceedings.

BGBl 2024 Part I No. 234 (16.07.2024)