Wegweiser Suspects · Your rights in criminal proceedings Deutsch

🏛️ Indictment and main hearing

What happens after the indictment: comment, hearing in court and judgment.

In brief

If the public prosecutor's office charges you, the court examines the indictment. You receive the indictment and may comment on it.

After you are asked to comment, a court-appointed defence lawyer is appointed for you if this is a case of mandatory defence (§ 141 para. 2 StPO).

The main hearing follows. At the end there is a judgment: acquittal, conviction or discontinuation. Attend the hearing. Bring the summons with you.

Step by step

  1. Read the indictmentRead with your defence lawyer what you are accused of.
  2. Consider your commentYou can submit motions for evidence or objections. The defence lawyer helps with this.
  3. Attend the hearingCheck the summons. If you are unable to attend, report this in writing immediately.
  4. Take note of the judgmentNote the day of pronouncement. The appeal deadlines run from it.

Deadlines

Request under § 201 StPO
Comment on the indictment; court-appointed defence lawyer without an application in a case of mandatory defence§ 141 Abs. 2 StPO
1 week
Appeal deadline for Berufung or Revision from pronouncement§ 314, § 341 StPO
Watch out – common mistakes
  • The specific deadline for commenting under § 201 StPO was not retrieved here in its wording; it is set by the court.
  • Failing to appear at the main hearing can have consequences; details not examined here.
  • Agreements in criminal proceedings (plea deals, § 257c StPO) were not researched.
In depth · legal basis, figures and practice – for advisers and professionals

Indictment

With the indictment, the proceedings move into the intermediate proceedings. Under § 201 StPO, the court asks the accused to make a statement. Under § 141 para. 2 StPO, a court-appointed defence lawyer is appointed without an application as soon as the request to comment on the indictment is issued and a case of mandatory defence under § 140 StPO exists.

Jurisdiction

Under § 140 para. 1 no. 1 StPO, defence is mandatory if the main hearing at first instance takes place before the higher regional court, the regional court or the lay assessor court.

Conclusion

The proceedings can end with a judgment or, under §§ 153, 153a para. 2 StPO, by discontinuation. Appeals are possible against the judgment (see the page on appeals).

Not covered

The course of the proceedings in detail (taking of evidence, duty to attend, proceedings in absentia) was not evaluated here from the wording of the law.

Who is responsible
  • Local court, regional court or higher regional court depending on the indictment
  • Public prosecutor's office
  • Lawyer as defence counsel

Quick questions

Worum geht es bei „Indictment and main hearing“?
What happens after the indictment: comment, hearing in court and judgment.
Which deadlines and figures matter?
  • Request under § 201 StPO: Comment on the indictment; court-appointed defence lawyer without an application in a case of mandatory defence (§ 141 Abs. 2 StPO)
  • 1 week: Appeal deadline for Berufung or Revision from pronouncement (§ 314, § 341 StPO)
What should I do first?
  • Read the indictment: Read with your defence lawyer what you are accused of.
  • Consider your comment: You can submit motions for evidence or objections. The defence lawyer helps with this.
  • Attend the hearing: Check the summons. If you are unable to attend, report this in writing immediately.
What do I need to watch out for?
  • The specific deadline for commenting under § 201 StPO was not retrieved here in its wording; it is set by the court.
  • Failing to appear at the main hearing can have consequences; details not examined here.
  • Agreements in criminal proceedings (plea deals, § 257c StPO) were not researched.
Evidence
  • Bundesministerium der Justiz, Gesetze im Internet: § 140 StPO, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet: § 141 StPO, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet: § 153 StPO, retrieved 20 September 2026
As of

September 2026 · Sources and method

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