The interim proceedings represent the last opportunity to avoid main proceedings and thus an oral main hearing, as well as your obligation to appear at a court trial.

If a preliminary investigation is not discontinued by the public prosecutor's office, it ends with the issuance of a penal order or the filing of charges.

Should the public prosecutor decide to bring charges, the competent criminal court then examines whether to admit the charges and open the main proceedings. In the interim proceedings, the examination of the procedural prerequisites and the so-called sufficient suspicion takes place. This is assumed when, upon preliminary assessment, a subsequent conviction appears more likely than an acquittal.

Therefore, within the framework of the interim proceedings, the court primarily has a negative control function, which involves an independent examination of whether further criminal prosecution is necessary and permissible.

The prerequisites of the interim proceedings

The interim proceedings are preceded by the submission of the indictment to the competent court, accompanied by the public prosecutor’s request to open the main proceedings, § 199 StPO. From this point onward, as the public action has been initiated, the individual concerned is referred to as the accused, § 157 StPO. A key aspect is the examination of sufficient suspicion, which is decisive for the court’s decision to issue either a dismissal order, § 204 StPO, or an opening order, §§ 203, 207 StPO.

The procedure of the interim proceedings

The interim proceedings, regulated in §§ 199 – 211 StPO, follow the initiation of the opening procedure. They commence with the receipt of the indictment by the competent court, which is based on the public prosecutor's request to open the main proceedings. The competent court then examines whether the main proceedings are to be opened against the accused and with what content the indictment may be admitted.

The indictment is formally served on the accused by the court in accordance with § 201 StPO. Furthermore, the court examines whether a case of mandatory defense under § 140 StPO exists.

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

The graphic illustrates the process of interim proceedings.

The conclusion of the interim proceedings

At the end of the interim proceedings, a judicial decision is made by way of an order. If the competent court is convinced that the accused is sufficiently suspected of the offense, it orders the opening of the main proceedings through an opening order, § 203 StPO, with the content outlined in § 207 StPO. Otherwise, the court will issue a non-opening order pursuant to § 204 StPO. In contrast, a temporary suspension of proceedings under § 205 StPO is possible if the main hearing is hindered by the prolonged absence of the accused or another obstacle related to their person.

The public prosecutor's office has the right to file an immediate appeal against the non-opening order under § 210(2) StPO. If the appeal is granted, the opening of the main hearing then follows from § 210(3) StPO.

The role of the defense attorney in the interim proceedings

It is not too late in the interim proceedings to significantly influence the court's decision in favor of the accused. Especially if you have not yet sought legal representation up to this point, the content of the case files, shaped by the prosecution, will typically not be presented in your favor. In such a situation—and of course, also if you have already sought legal advice during the preliminary investigation—a defense attorney can actively work to avoid a public main hearing.

This objective can be achieved through various means. For instance, the court may still decide during the interim proceedings not to open the main proceedings, § 199(1), Alt. 1 StPO. Likewise, a final discontinuation of the proceedings under § 153(2) StPO or a temporary suspension under § 199(1), Alt. 2 StPO is possible. Up until the main proceedings are opened, the public prosecutor's office also retains the option to withdraw the charges, § 156 StPO.

Even if a main hearing can no longer be avoided, the defense attorney can suggest significant measures during the interim proceedings to improve the accused's situation. Beyond securing a better evidentiary basis, the defense attorney may aim for the court to order supplementary evidence collection under § 202 StPO or to admit the charges with modifications under § 207(2) StPO.

To initiate these measures successfully, prompt and close cooperation with a specialized attorney during the interim proceedings is essential.

Interim proceedings offer the opportunity to avoid the opening of main proceedings

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

The goal of the interim proceedings is also to identify and highlight any legal or factual errors in the case assessment by the public prosecutor. This requires meticulous examination of the public prosecutor's investigation; every piece of evidence must be critically reviewed, and its significance within the overall context of the indictment must be questioned.

This effort is worthwhile, as it can spare the accused from a main hearing, which can be lengthy and costly. Moreover, a public trial poses an enormous emotional burden on the accused and often significantly damages their reputation. Even if the main proceedings are opened, the exculpatory findings from the interim proceedings can be incorporated into the defense during the main hearing. Therefore, even in the seemingly less critical stage of the interim proceedings, enlisting the support of an experienced and specialized attorney is indispensable.

As seasoned defense attorneys, we bring all our knowledge and dedication to bear for our clients during interim proceedings. Trust us to handle your case – we are here to advocate for you!

Interim proceedings – The key points at a glance

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