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