Arrest of a foreign national in Germany.
When a foreign national is arrested in Germany, they face an unfamiliar legal system, often in a foreign language and far from their family. The first days matter. We have defended foreign nationals for many years, particularly in white-collar, customs and state-security cases, and we are a reliable point of contact for families, employers, embassies and consulates.
Available now · +49 69 24746870The consulate is only informed if the detainee wants it.
Under Article 36 of the Vienna Convention on Consular Relations, every arrested foreign national has the right to have their consular post notified. If they ask for it, the German authorities must inform the consulate without delay and pass on the detainee's communications. They must also be told about this right without delay, which German law expressly requires in section 114b(2) of the Code of Criminal Procedure.
The consulate can then visit and speak to the detainee and help them find a defence lawyer. Many consulates keep lists of lawyers they trust. In Frankfurt this is particularly relevant: many countries maintain consulates general here, including the Consulate General of the People's Republic of China, which covers Hesse, Baden-Württemberg, Rhineland-Palatinate and Saarland.
A lawyer of trust, not of chance.
Anyone remanded in custody in Germany is given a court-appointed defence lawyer, usually at the first hearing before the investigating judge. This often happens fast, at a moment when the detainee knows nobody. The law nevertheless gives them a choice: they may name a lawyer they trust (section 142(5) StPO), and if a lawyer was assigned without a real chance to choose, they can switch within three weeks (section 143a(2) StPO).
For families and consulates this means it is not too late if a lawyer has already been appointed. Call us. We visit the detainee, confirm whether they wish us to represent them, and take over immediately.
Typical allegations against foreign nationals.
- Customs, imports and anti-dumping duties: at Frankfurt Airport and in international trade, often involving the European Public Prosecutor's Office.
- White-collar and tax crime: fraud, breach of trust, VAT, money laundering, sanctions and export control. More on white-collar crime.
- State security: allegations of espionage and acting as an agent for a foreign intelligence service, an area in which foreign nationals are increasingly coming under scrutiny.
- Documents, residence and border: passport and visa offences and allegations arising from border checks at Frankfurt Airport.
Beyond the criminal case, we keep in view the consequences that often weigh more heavily on foreign nationals than the sentence itself: residence status, expulsion, visas and professional future.
A contact who picks up the phone.
Embassies and consulates looking for a defence lawyer for one of their nationals can reach the partner directly, also outside office hours. We work in German and English, and for Chinese nationals through our China Desk and via WeChat. Alexander Rumpf is a member of the Chinese-German Lawyers Association (CDAV).
One principle matters to us: even where a consulate makes the introduction, the defence owes its duty to the client alone. What the client tells us remains confidential, including towards their home state, unless they expressly allow otherwise. This independence is what makes a defence credible, in court and for the client.
One partner. From the first hour.
Arrest and consulate, briefly answered.
Do the German police have to inform the consulate when a foreign national is arrested?
Only if the arrested person asks for it. Under Article 36(1)(b) of the Vienna Convention on Consular Relations, the authorities must then inform the consular post without delay and forward any communication from the detainee. The person must also be told about this right without delay; German law sets this out in section 114b(2) of the Code of Criminal Procedure.
A duty lawyer has already been appointed. Can the detainee still choose a different lawyer?
Yes. The accused may name a defence lawyer of their choice, who will in principle be appointed (section 142(5) StPO). If a lawyer was assigned without the accused having had a real chance to choose, a change can be requested within three weeks (section 143a(2) StPO). A privately retained lawyer can be instructed at any time.
Can family members or the consulate instruct you?
Family members and consulates can put us in touch and ask us to visit the detainee. We take on the defence if the detainee wishes. We then act solely for the client, and our duty of confidentiality applies towards family and consulate as well, unless the client releases us from it.
Which languages do you work in?
We work in German and English. For Chinese nationals we have a China Desk and can be reached via WeChat. For prison visits and court proceedings we bring in sworn interpreters where needed.
This page provides general information and does not replace advice on an individual case.
Let's talk
now.
A family member, employee or national has been arrested? Call the partner directly, also outside office hours.
Call now · +49 69 24746870