DOWNLOADS/FAQs

The amount of the fees for legal services is determined by the Lawyers' Remuneration Act (RVG). The maximum initial consultation fee is EUR 190 plus VAT (19%).

A general distinction is made between assistance for advice, procedural costs, legal costs and compulsory defense. You can claim assistance from the state. To do so, please download the relevant application form. It is also possible to agree on hourly fees or flat-rate agreements based on procedural steps. You can also find a cost calculator at www.rvg-rechner.de

In Germany, criminal law has the function of protecting so-called legal interests. A distinction is made between legal interests of the individual ( life, health, body, freedom and property) and legal interests of the general public (e.g. the environment, administration of justice, cleanliness of the office, public peace). Life, limb and personal freedom are comprehensively protected. Anyone who culpably commits an injustice will be punished for it in the manner provided for in criminal law. Criminal law regulates the type and level of punishment and sanctions. While minor offenses are usually punished with fines, serious crimes can result in prison sentences.

Criminal acts include: murder and manslaughter, assault and trespassing, robbery and theft, poaching and counterfeiting, money laundering, kidnapping, extortion, rape, and more.

You should seek out a criminal defense attorney immediately and not make any statements to the police or prosecutor!!!

You contact a criminal defense attorney. Don't worry, the criminal defense attorney is bound by confidentiality. You are not obliged to accuse yourself to the investigating authorities. You have the right to remain silent. You discuss with the criminal defense attorney everything that led you to the crime: e.g. drunkenness, anger, drugs, arguments, carelessness, pressure from others (family, friends, clan...) What advantages did you expect to gain from it? Were you forced to do it? Were you in a situation of duress or need? Did you even know that your actions were punishable? The criminal defense attorney examines the files and discusses the status of the authorities' investigation with you. He guarantees a fair trial.

Yes. He will assist you as a witness and make all the necessary applications for your protection.

In such a case, contact a lawyer immediately. He will apply to the court for you to be admitted as a joint plaintiff. He will monitor the investigations by the police and the public prosecutor. He will make all applications that lead to a conviction of the perpetrator and to compensation for you.

You must appeal against the fine. (Note the deadline!) Contact a criminal defense attorney as soon as possible.

A criminal lawyer, also known as a criminal defense attorney, is the only person who, with your authorization, can access your investigation files and evidence from the public prosecutor’s office and the police. Even minor mistakes or a lack of knowledge can lead to accusations of misconduct, potentially resulting in charges or fines. For you, as the accused, these accusations can have serious, life-altering consequences. In such situations, you need expert advice and personalized, comprehensive support. During investigations or criminal proceedings, you may suddenly find yourself facing the police and public prosecutor without understanding the full implications. A criminal defense attorney ensures "equality of arms" in these proceedings, protecting your rights and interests.

This depends on the offence. It must be legally examined whether the act constitutes a criminal offence. Depending on the severity of the crime, the court will sentence you to a fine or imprisonment. Foreign criminals can lose their right of residence and be deported.

The criminal defense attorney must know exactly what the public prosecutor/fines authority is charging. You describe the events to your defense attorney in full from your point of view. Only then can he make a legal assessment. The necessary steps are then taken, such as naming witnesses, presenting evidence, etc. If a crime has been committed, the criminal defense attorney will ensure that you receive a fair defense in court.

Migration law includes all regulations that essentially deal with the entry and residence of people who do not have the nationality of the country of residence. In this respect, it concerns provisions on entry, the duration of stay, settlement, employment, integration, social security and the relevant tax law issues. Alternatively, the term “right of residence” is also used. In cases where the procedure for recognizing asylum seekers is concerned, the term “asylum law” is used – but sometimes also “refugee law”. However, the term “migration law” remains a generic term in this respect. The right to asylum becomes relevant whenever people have to leave their homeland for religious, political, racial, cultural or other reasons because they are persecuted or driven away there and therefore seek refuge in a safe place of residence. A distinction is made between four types of migration: family reunification, labour migration or educational migration, refugee migration and irregular or illegal migration.

These 4 different residence permits play an essential role: – Residence permit (limited; e.g. for self-employed persons), – EU Blue Card (limited to four years; especially for skilled workers, i.e. academics), – Settlement permit (unlimited; especially for highly qualified persons seeking a longer stay) – Visa (limited; for all non-EU nationals). Nevertheless, migration law is not only about entry and residence, but also about family reunification, naturalization and, if necessary, expulsion and ultimately deportation.

Foreigners generally need a permit to stay in Germany. This residence permit is issued upon application by the responsible immigration authority. It is always limited in time and can, for example, be extended or converted into a (permanent) settlement permit in accordance with the legal provisions. In principle, a stay in Germany is only permitted for a limited period of time, i.e. temporarily. However, if you have had a residence permit for several years, it may be possible for you to obtain a permanent residence permit in Germany, which gives you almost the same rights as Germans and allows you to stay in the country permanently. An overview of various permanent residence permits can be found on the Website of the Federal Ministry of the Interior and Home Affairs

This is a complex issue. The requirements are constantly being redefined by the legislature. Get advice on this before you submit your application. Detailed preliminary information can be found at: www.bmi.bund.de/DE/themen/migration/wohnsrecht/einreise-und-halt

The application for asylum cannot be made in writing. You must go to a reception center in person. After you arrive at the reception center and register, you will receive an appointment at the Federal Office for Migration and Refugees (BAMF). You must remain in the reception center until this appointment. Here, too, your personal data will be recorded again. However, this is not yet the date for the hearing. How long it takes until you get this appointment varies. An interpreter will attend both the interview about the asylum application and later at the hearing. You can also be accompanied by a lawyer or refugee advisor at this appointment.

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If the decision is negative, you can file a complaint with the administrative court. You only have a few days to do so once you have been served with the decision. Your decision will tell you where you can file your complaint and by when. If your asylum application is irrevocably rejected, you are not recognized as an asylum seeker or as a refugee. You must then leave Germany by the date specified to you. If you simply let this deadline pass, you will be forcibly returned to your country of origin (deportation). You must bear the costs of deportation.

Toleration is a temporary suspension of the deportation of persons who are required to leave the country. It is issued to people who are not legally resident in Germany, but whose deportation is not possible for factual or legal reasons. A toleration permit does not grant a right of residence in Germany. Those who have been granted a tolerated status are subject to the so-called residence requirement . According to this, their freedom of movement is restricted to the territory of the relevant federal state. The tolerated status expires when the person concerned leaves the country and does not entitle them to return to Germany.

This covers all persons who – regardless of the existence of particular personal characteristics – are at risk of “serious harm” as a result of certain human rights violations. These include: • the risk of torture or inhuman or degrading treatment, • the threat of the death penalty and • the risk of becoming a victim of arbitrary violence in the context of an armed conflict/civil war • Natural disasters Subsidiary protection status may therefore also be of interest to persons who have fled a war zone but do not meet the requirements of the Refugee Convention. The requirements for subsidiary protection are regulated in Germany’s Asylum Act.

If you have a residence permit or proof of arrival, your access to the labor market is restricted. You may only take up employment with the permission of the immigration authorities. Self-employment is generally not permitted. To work as an employee, you must have received a work permit from your immigration authorities before you start working. Asylum seekers can get a work permit if they have already been in Germany for 3 months and no longer have to live in an initial reception center (camp). If you still have to live in an initial reception center, you can only get a work permit after 6 months if you have minor children. If you do not have minor children and are still living in an initial reception center, you can only get a work permit after 9 months. Asylum seekers cannot obtain a work permit if their asylum application has been rejected. Important: Your work permit is not general, but for a specific job. Your future employer must fill out a form about the conditions of the job, and you must fill out the "Application for Permission to Work". Once both forms have been filled out completely, the immigration authorities should respond to you within two weeks. If you do not receive a response or are rejected, contact an advice center. You can also submit an urgent application to the administrative court. You can find advice centres in your area at: www.proasyl.de /beratungsstellen-vor-ort/

A work permit for foreigners is only possible if a residence permit has also been granted. The foreign applicant receives both permits by submitting an application to the immigration authorities in his or her place of residence. He must have the following documents ready: • Application form • Employer’s promise of employment or employment contract • Detailed job description prepared by the employer

The applicant can download the work permit form directly from the immigration office or the employment agency, fill it out and submit it to the immigration office only . Processing is usually done within a month. If there is no response after four weeks, the applicant should ask the employment agency again about the status of their work permit for Germany. The employer can also ensure a faster processing process by informing the employment agency about the future employee at an early stage. The employer can therefore submit the acceptance or employment contract, the qualifications of the foreign employee as well as the job description and information on working hours, vacation and salary. It is important that the information provided is truthful.

Family reunification with third-country nationals is possible if the family member already living in Germany has a residence permit, EU long-term residence permit or settlement permit, has sufficient living space and a secure livelihood, and the adult family members have sufficient knowledge of German. (Level A1) As a rule, spouses must prove basic knowledge of German before entering the country in order to obtain a residence permit. For recognized refugees under the Geneva Convention on Refugees, who have the relevant residence permit and submit an application for family reunification within three months of their recognition procedure, the requirements are simplified. In this case, the requirement to secure a livelihood and the requirement to prove basic knowledge of German before entering the country are no longer necessary. Please also inform yourself at: www.integrationsrechner.de/ib-de/ich-moechte-mehr-wissen-ueber/familieneinanderfuehrung

The new law on the right of residence came into force on December 31, 2022. It is a residence permit for 18 months. You can only apply for it if you currently have a toleration permit or a so-called toleration light. It applies to people who have been tolerated, permitted or permitted to stay in Germany for five years, have not committed any crimes and are committed to the German constitution. In these 18 months, you should endeavor to meet the requirements for permanent residency due to good integration. If you cannot do this, you will fall back into the toleration permit.

Mediation is an out-of-court procedure for conflict resolution in which a neutral person (mediator) mediates between the parties (mediands) and supports them in developing a common solution. The aim of mediation is to find a win-win solution in which no party is left as a loser. Mediation focuses on ensuring that the interests and needs of all parties to the conflict are taken into account. A key aspect is the personal responsibility of the parties in dispute. The mediator motivates and encourages them to actively work towards finding a solution. The parties take responsibility for clearly expressing their concerns and seeking solutions that are acceptable to all. This self-determined action enables those involved to retain control over the course of the dispute; differences can be reduced through constructive suggestions and a viable, long-term solution can be found.

The principles of mediation include voluntariness, conflict resolution potential and autonomy of the mediators. They must be willing and able to resolve conflicts, as mediation does not aim for a win-lose outcome but rather a consensus. The decision-making authority lies with the mediators throughout the entire process, who are responsible for shaping the solution and deciding when the process ends.

Mediation can be chosen as a solution when a conflict has reached a deadlock and no legal proceedings are to be initiated and the relationships between the parties are to continue in the future. For example: tenancy and employment relationships, parenthood, families, neighborhood, shareholders. The parties are in a relationship with each other that they want or need to maintain in the future. Both are interested in a win-win situation and are willing to find a common solution.

The advantages of mediation over court proceedings are obvious. As a party to the dispute, I retain control over the course and outcome of the conflict. I take an active role in finding a solution. I take responsibility for my own needs and for striving to contribute constructively to resolving the conflict. This is particularly important if the parties to the conflict will continue to have dealings with each other in the future. In some circumstances, the relationship between the two parties to the conflict can even improve by working together to find a solution or by clarifying any emotional misunderstandings. A court case removes any responsibility from the parties. At no time do the parties have control over the proceedings. The court legally evaluates the past events, and the parties in dispute have to accept the verdict. This can permanently destroy the relationship between the parties. In mediation, on the other hand, the focus is on the future and a self-determined and viable solution to the dispute is developed.

According to the Hamburg Mediation Ordinance for Commercial Disputes, the hourly fee can be set between 150 – 350 €, which can be agreed by both parties In other specialist areas, the hourly rate can also be lower. The majority of cases involve an hourly fee of between €150 and €250. Ultimately, however, the duration of the mediation determines how much money has to be invested in a mediation process.

The procedure is used in families, in marital crises or divorces, in the IT sector, in environmental conflicts, in criminal law, commercial law, labor law, building law, in neighborhood conflicts or in schools and social institutions. Mediation offers a more cost-effective and time-saving alternative to court proceedings. 1. Example: Family/separation and divorce mediation Separation and divorce mediation is intended to make the process easier and more pleasant for everyone involved. In families, the interests of the children must not be ignored, as the separation and the pressure to decide which parent they want to live with are very stressful. Economic, educational, social and psychological aspects such as house, assets, maintenance entitlements, custody, parenting principles, visitation arrangements and families must also be clarified. 2. Example: Environmental mediation Points of contention in environmental mediation are construction projects that have a negative impact on the environment and quality of life , and related aspects such as compensation, relocation or noise protection.

Yes, there are some legal protection insurance policies that also cover mediation. A table with a detailed overview of the services can be found at: www.mediation.de/rechtsschutz .