Interim Proceedings

Intermediate proceedings represent the final opportunity to avoid main proceedings and thus an oral main hearing, as well as your obligation to appear for a court hearing.

Unless investigative proceedings are terminated by the public prosecutor’s office, they end with the drafting of a penal order or the filing of an indictment.

If the public prosecutor’s office has decided to file an indictment, the competent criminal court then examines whether to admit the indictment and open the main proceedings. During the intermediate proceedings, the procedural requirements and so-called sufficient suspicion are examined. This is assumed if, upon preliminary assessment, a subsequent conviction appears more likely than an acquittal.

In the context of intermediate proceedings, the court primarily serves a negative control function, which involves an independent examination of whether further prosecution is necessary and permissible.

Requirements for Intermediate Proceedings

Intermediate proceedings are preceded by the receipt of the indictment by the competent court, combined with the public prosecutor’s request to open the main proceedings, pursuant to Section 199 StPO. Since the public charges are filed from this point onwards, the person concerned is now referred to as the accused (Angeschuldigter) in accordance with Section 157 StPO. The essential element is then the examination of sufficient suspicion, which is decisive for the court’s decision regarding a dismissal order under Section 204 StPO or an opening order under Sections 203, 207 StPO.

The Course of Intermediate Proceedings

The intermediate proceedings, regulated in Sections 199 – 211 StPO, follow the opening procedure. They are initiated upon receipt of the indictment by the competent court, based on the public prosecutor’s request to open the main proceedings. The competent court then examines whether main proceedings are to be opened against the accused and with what content the indictment can be admitted.

The indictment is served on the accused by the court via formal service in accordance with Section 201 StPO. The court also examines whether a case of mandatory defense under Section 140 StPO exists.

The court is responsible for ordering individual evidence collection to clarify the matter, Section 202 StPO. A similar option is available to the accused under Section 201 StPO.

The End of Intermediate Proceedings

At the end of the intermediate proceedings, a court decision is made by order. If the competent court is convinced that there is sufficient suspicion against the accused, it orders the opening of the main proceedings by an opening order, Section 203 StPO, with the content of Section 207 StPO. Otherwise, the court will issue a non-opening order pursuant to Section 204 StPO. In contrast, a provisional stay of proceedings under Section 205 StPO may be considered if the main hearing is prevented by the prolonged absence of the accused or another obstacle relating to their person.

The public prosecutor’s office is entitled to file an immediate appeal against the non-opening order pursuant to Section 210 (2) StPO. If granted, the opening of the main hearing follows from Section 210 (3) StPO.

The Role of the Defense Lawyer in Intermediate Proceedings

In intermediate proceedings, it is not too late to significantly influence the court’s decision in favor of the accused. In particular, if you have not yet utilized legal representation up to this point, experience shows that the contents of the file, shaped by the prosecution, will not reflect your interests. Precisely then – and this naturally also applies if you have already sought legal advice during the investigative proceedings – a defense lawyer can take active steps with the goal of avoiding a public main hearing.

This objective can be achieved in various ways. For instance, the court can still decide during the intermediate proceedings not to open the main proceedings, Section 199 (1) Alt. 1 StPO. Similarly, a final dismissal of proceedings under Section 153 (2) StPO as well as a provisional stay of proceedings under Section 199 (1) Alt. 2 StPO is possible. Until the opening of the main proceedings, there is also still the possibility that the public prosecutor’s office withdraws the indictment, Section 156 StPO.

Even if a main hearing can no longer be prevented, the defense lawyer can suggest essential measures during the intermediate proceedings to improve the situation of the accused. In addition to a better evidentiary position, the defense lawyer can strive to have the court order supplementary evidence collection under Section 202 StPO or to have the indictment admitted with amendments under Section 207 (2) StPO.

To initiate these measures effectively, rapid and close cooperation with a specialized lawyer during the intermediate proceedings is essential.

Intermediate Proceedings Offer a Chance for Non-Opening of Main Proceedings

At this stage of the proceedings, we can submit to the court that the main proceedings should not be opened due to a lack of sufficient suspicion.

The goal in intermediate proceedings is also to identify and present any legal or factual errors in the prosecution’s assessment of the case. This requires a meticulous examination of the prosecution’s investigations; every piece of evidence must be critically examined and its significance within the overall structure of the indictment questioned.

However, this effort is worthwhile, as it can save the accused from a main hearing that can be lengthy and cost-intensive. Furthermore, a public hearing represents an enormous emotional burden for the accused and often significantly damages their reputation. Even if main proceedings are opened, the exonerating findings from the intermediate proceedings are incorporated into the defense during the main hearing. Therefore, even in the seemingly inconspicuous stage of intermediate proceedings, consulting an experienced and specialized lawyer is indispensable.

As experienced defense lawyers, we apply all our knowledge and commitment for our clients in intermediate proceedings. Please do not hesitate to contact us – we will advocate for you!

Intermediate Proceedings – Key Information at a Glance

• Stay calm
• Do not hesitate to contact an experienced defense lawyer – even at this stage of the proceedings, it is possible to avoid the opening of main proceedings.
• Even if main proceedings are opened, the work of a defense lawyer can significantly improve the situation of the accused.
• Contact us