File access under section 51 StPO: what accused persons may inspect

Section 51 paragraph 1 StPO entitles accused persons to inspect the results of the investigation and main proceedings held by the police, prosecution and court. It also includes inspecting evidence objects where this is possible without harming investigations.

File access is therefore more than a formal request. It is the basis for assessing suspicion, evidence, legal qualification and possible defence steps. Without file knowledge it often remains unclear whether an allegation is based on a complaint, a witness statement, technical data or several sources.

From a lawyer perspective, timing matters. Before questioning, file access may help avoid unnecessary contradictions. In some situations it must first be clarified whether the authority has partly restricted access.

Section 51 paragraph 2 StPO allows certain restrictions, including protection of endangered persons where personal data or circumstances could reveal identity or highly personal circumstances. Copies may then be redacted.

Beyond that, before the investigation is completed, access may be restricted only to the extent that special circumstances suggest immediate knowledge of certain file parts would endanger the purpose of the investigation. A general refusal without concrete reasons should be examined.

If restrictions are imposed, legal protection must be considered. Where a subjective right is allegedly violated, an objection under section 106 StPO may be relevant. Whether that route fits depends on the measure, timing and reasoning.

Section 52 StPO provides that, where file access exists, copies or printouts must be provided on application and against a fee, or self-copying may be allowed where technically possible. Certain audio or image recordings may be excluded.

Section 53 StPO describes practical access. During the investigation, access may be requested from the prosecution and, until the final report, also from the police; during main proceedings it is requested from the court. Access generally takes place during office hours, but electronic transmission may be possible.

For defence work, the file should not only be collected but evaluated in an organised way. Timeline, evidence topics, witnesses, expert opinions, coercive measures and open investigative steps should be separated.

For pre-trial detention, section 51 paragraph 2 StPO contains an important limit: once detention has been imposed, access cannot be restricted regarding file parts that may be relevant to assessing suspicion or detention grounds.

This is practically decisive. Detention decisions are based on suspicion and grounds such as risk of flight, interference or further offences. Without access to the relevant file parts, a release strategy can hardly be prepared effectively.

File access still does not replace strategy. After review, it must be assessed whether evidence applications, submissions, a release request, detention complaint or another response is appropriate.

Accused persons have the right to remain silent. Whether and when a statement is useful can usually be assessed only after the file position is known. A rushed statement may unnecessarily narrow later defence lines.

File access shows what is truly disputed. Sometimes the issue is not the act itself but intent, participation, amount of damage, timing or legal qualification. These points decide whether a statement helps or harms.

Before any statement, clarify: Which evidence exists? Which questions remain open? Are there contradictions in the file? Are deadlines or coercive measures pending? Only then can a responsible decision be made.