Access to Prosecution File
When do I have the right to access the prosecution file?
The right to access and copy the prosecution file is linked to the position of the party in proceedings and the phase of the proceedings.
Persons to whom information in the file refers and persons mentioned in the file may access the prosecution file after the statute of limitations for criminal proceedings or the finality of the judgment.
When the case is before the court (when the state prosecutor’s request for investigation is submitted, when the indictment is filed, or when the court carries out certain investigative acts), the defendant has the right to access the case file as per Article 128 of the Criminal Procedure Act (ZKP) and legal interest to access the prosecution file.
Prior to the instigation of criminal (court) proceedings, a legal entity or a natural person has the right to access the file if they demonstrate legal (legitimate) interest. A reasoned written request must be submitted for access to the prosecution file and this is considered by the state prosecutor conducting the case. The state prosecutor will not grant access if the latter could be harmful to the interests of the proceedings, in the event of secrecy of proceedings or when protecting the privacy of persons.