An opening order has been issued against you, and you now find yourself as a defendant in main proceedings?

If the court decides during the intermediate proceedings to admit the indictment, the main proceedings are initiated.

During the main proceedings, one or more oral hearings are conducted before the criminal court to examine the allegations. You are thus in the stage of the process where the competent court decides whether you will be convicted or acquitted. Furthermore, in this phase of the proceedings, there is also the possibility of terminating the case.

Professional legal representation during the main proceedings is, of course, indispensable. If you have so far refrained from consulting a defense attorney, this is still possible during the main hearing stage in accordance with § 137 of the German Code of Criminal Procedure (StPO).

The Functions of the Main Hearing

The main hearing aims to definitively and objectively clarify the relevant facts in order to decide on the question of your guilt or innocence. The outcome of the court proceedings may result in a conviction, but it could also lead to a termination of the proceedings (subject to conditions) or an acquittal.

The Participants in the Main Hearing

The main hearing involves you as the defendant, us as your legal counsel solely representing your interests, as well as one or more judges, potentially lay judges (honorary judges), a representative of the public prosecutor’s office, and a recording clerk from the court registry. Additionally, witnesses, experts, and/or joint plaintiffs may be present. If you are between 14 and 21 years old, you are considered a juvenile or young adult in court, and a representative from the Youth Court Assistance will also be present.

The Detailed Course of the Main Hearing

The course of the main hearing is primarily governed by § 243 of the German Code of Criminal Procedure (StPO). According to this, the process begins with the calling of the case – the formal opening of the main proceedings by the presiding judge – followed by the examination of the defendant concerning personal details. After this, the prosecutor reads out the indictment as it was admitted in the opening order, and the defendant is questioned about the charges. In this context, the judge will inform the defendant about their right to remain silent and provide the necessary legal instructions.

The subsequent evidence-taking forms the core of the main hearing. During this phase, witnesses are examined, objects are inspected, and, if necessary, experts are heard. The defense attorney has significant leeway during the evidence-taking phase: in addition to the ability to submit motions for evidence, both the defense attorney and the defendant themselves have the right to question witnesses and experts.

Following the prosecutor’s closing arguments, the concluding stage is shaped by the defense counsel's plea. This is another opportunity to influence the verdict in favor of the defendant. The main hearing's centerpiece concludes with the defendant's final statement in accordance with § 258(2) StPO.

The court’s subsequent deliberation is based on the principle of free judicial evaluation of evidence, as stipulated in § 261 StPO. Any remaining doubts regarding the defendant’s guilt will result in acquittal under the principle of in dubio pro reo.

Unless the case is dismissed earlier, the main hearing ends with the pronouncement of the verdict, which can result in either an acquittal or a conviction. The judgment must be provided in writing and submitted to the court registry within the time limit specified in § 275 StPO.

How Can We Support You During the Main Hearing?

The previously mentioned option to file motions for evidence during the evidence-taking phase represents a crucial tool for the defense attorney to steer the course of the main proceedings. By presenting various types of evidence – such as witnesses, experts, documents, or physical inspections – we can increase the likelihood of introducing exculpatory facts.

Another key element is the questioning of witnesses by the defense attorney, even if these witnesses were not called by the defense or the defendant. Often, such questioning can uncover contradictions in witness statements or shed light on peripheral aspects of the alleged incident, potentially leading to a more comprehensive and favorable assessment for the defendant.

If the specific circumstances warrant it, the defense attorney may also file a motion to disqualify a judge due to concerns about bias, pursuant to § 24 StPO. This requires a substantiated assumption that the impartiality of the judge in question is compromised.

Undoubtedly, one of the most defining aspects of the main proceedings and a central element of the defense strategy is the defense attorney’s closing argument during the final speeches. This provides the defense attorney with the opportunity to assess the facts comprehensively at the end of the main hearing and, in light of the evidence motions and defense measures pursued, to plead knowledgeably and effectively in favor of the defendant.

The overarching role of the defense attorney in the main proceedings is to actively shape the hearing, identify and implement exculpatory circumstances for the defendant, and prioritize these efforts as part of a well-prepared and individually tailored defense strategy.

This Is How We Can Support You During the Main Hearing.

Our Advisory Services for an Optimal Defense in Main Proceedings

We prepare you thoroughly for the scheduled main hearing. In a personal meeting, we will explain the course of a trial before the criminal court so that you are fully aware of what to expect and any unpleasant surprises can be avoided. We are happy to answer all your questions and alleviate any concerns or fears you may have through comprehensive advice.

Together, we will develop the best possible defense strategy for your individual case. Our goal in the main proceedings is to defend you effectively and consistently while ensuring a fair trial for you.

Frequently Asked Questions

As a rule, main hearings are conducted publicly due to the principle of public access. This principle is a fundamental aspect of the rule of law, ensuring that court proceedings are accessible to the general public. It means that hearings are generally open to the public, allowing anyone – even without a personal interest in the case – to attend as a spectator. However, there are exceptions, such as in juvenile criminal cases, when sensitive details, such as intimate aspects of an offense, are discussed, or when state secrets or public security need to be protected. In such cases, the court may exclude the public.

No, as a defendant, you are not obligated to provide information about the case. You have the legally established right to remain silent (§ 136(1) StPO). This means that you are not required to make a statement, either to the police or in court. Your silence cannot be used against you.

It may be advisable not to make any statements before consulting with a defense attorney. Your attorney can review the evidence and allegations and help you decide if and how a statement should be made. Exercise your right to remain silent to avoid potential disadvantages.

Whether it is advisable to confess to an offense depends heavily on the individual case and the specific circumstances. A confession can, in certain cases, result in a reduced sentence, as it facilitates the investigation and demonstrates remorse. However, a confession should always be carefully considered, as it simultaneously constitutes an admission of guilt and may form the basis for a conviction.

Before making a decision, it is advisable to review the evidence and the defense strategy together with an experienced defense attorney. A confession should never be made impulsively but rather evaluated in the context of the overall defense strategy. Therefore, it is essential to consult with an attorney before deciding whether to make a statement.

No, your family members are not obligated to testify against you. According to § 52 of the German Code of Criminal Procedure (StPO), close relatives have what is known as the right to refuse to testify. This includes, for example, spouses, registered life partners, parents, children, and siblings. This right means that they can choose whether or not they wish to testify.

It is important that your relatives are informed of this right before being questioned. If they decide not to testify, they cannot be disadvantaged as a result. This right to refuse to testify is intended to protect family bonds and to avoid conflicts between loyalty and the duty to tell the truth.

Yes, as a defendant, you have the right to name witnesses yourself. This is an important part of your defense. Witnesses who can confirm your version of events or provide exculpatory information should be communicated to your defense attorney or the court as early as possible.

Your defense attorney can incorporate these witnesses into your defense strategy and ensure that they are summoned and heard during the proceedings. The court is obligated to consider the testimony of these witnesses during the hearing, provided their statements are relevant to the case. Discuss with your attorney which witnesses could strengthen your position to ensure that all exculpatory evidence is presented in the proceedings.

The duration of a court proceeding varies greatly depending on the individual case and therefore cannot be determined universally. Some hearings are concluded within 30 minutes, while others may extend over weeks or even months, particularly if extensive evidence needs to be examined. However, it is often possible to make an initial assessment of the expected duration based on the indictment and the evidence listed within it.

Choose clean clothing in which you feel comfortable. It is not necessary to appear in court wearing a suit, tie, or formal attire. However, extremely casual outfits such as a mini skirt with a tank top and flip-flops or sweatpants with a football jersey are not appropriate for a court appearance. Additionally, wearing sunglasses or a hat during the hearing is not permitted.