The term cybercrime describes such crimes that are directed against the Internet, data networks, information technology systems or their data or that are committed using this information technology (e.g. using Clearnet / Visible Web, DeepWeb and Darknet).
Speech is silver, silence is golden|
The question of whether the suspect should get involved in the investigation or should better exercise his right to remain silent is of great importance and cannot be answered in general.
The fact that the suspect is silent in the investigation proceedings is supported in particular by the fact that to a certain extent a refusal to testify can have a certain influence on the course of the investigation process.
The enormous burden of an investigation on the accused should not be underestimated, especially in the context of an interrogation situation. A suspect who is inexperienced in interrogation questions and interrogation technique is faced with experienced and appropriately trained interrogation officers, the defense counselor according to h.M. has no right of attendance.
If the suspect is admitted, there can be arguments that otherwise the defense concept cannot be maintained. To this extent, a certain amount of influence on the course of the investigation can also be exercised with an admission. If it is safe to expect the accused to be convicted based on the overall circumstances, admission is obvious. Admission is usually mitigating.
The assignment of a mandatory defense lawyer is regulated in the Code of Criminal Procedure in § 140 StPO. In any case, the involvement of a defense lawyer is necessary in the cases listed there. A lawyer must be appointed and assigned to the accused as a public defender.
The victims of a crime often feel left alone and exercising their rights often requires an effort to overcome. Victims of a criminal offense are also entitled to criminal procedural rights, which can be used to obtain participation in criminal proceedings. Victims of a criminal offense can assert far-reaching rights and powers under the conditions of the accessory prosecution regulated in §§ 395 ff. StPO. As a accessory prosecutor, you can, under certain conditions, join the criminal proceedings when the public prosecutor's office brings charges and are then entitled to be present in court and also to file applications during the main hearing. The accessory prosecution serves to ensure victim protection. However, accessory prosecution is not permitted for all offenses and criminal offences. However, admission as a joint plaintiff is legally possible, particularly in the case of sexual offences, crimes against liberty, bodily harm and crimes against life.