Main proceedings

Has an order opening the main proceedings been issued against you, and are you now facing trial as the accused?

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

As part of the main proceedings, one or more oral hearings are held before the criminal court in which the allegation is examined. You are therefore at the stage of the proceedings in which the competent court decides whether you will be convicted or acquitted. In addition, discontinuation of the proceedings is also possible at this stage.

Professional legal representation in the main proceedings is, of course, indispensable—if you have so far refrained from engaging a criminal defence lawyer, this is still possible at the trial stage pursuant to Section 137 of the German Code of Criminal Procedure (StPO).

The functions of the trial

The purpose of the trial is to clarify the relevant facts conclusively and objectively, so that a decision can be made on the question of your guilt or innocence. The outcome of the court hearing may be a conviction, but also a discontinuation of the proceedings (subject to conditions) or an acquittal.

The parties involved in the trial

Those taking part in the trial include you as the accused, us as your legal counsel representing exclusively your interests, as well as one or more judges, where applicable lay judges (honorary judges), a representative of the public prosecutor’s office, and a court clerk. In addition, witnesses, expert witnesses and/or private accessory prosecutors may be present. If you are between 14 and 21 years old, you are regarded in court as a juvenile or young adult, meaning that a representative of the youth court assistance service will also be present.

The course of the trial in detail

The course of the trial is primarily governed by Section 243 of the German Code of Criminal Procedure (StPO). Accordingly, after the case is called—i.e. the opening of the main proceedings by the presiding judge—the accused is questioned about their personal details. After the public prosecutor reads out the indictment as admitted in the order opening the main proceedings, the accused is questioned on the matter. In this context, the judge will inform the accused of the right to remain silent and provide the corresponding instruction.

The subsequent taking of evidence is the core of the trial. At this stage, witnesses are examined, objects are inspected and, where appropriate, expert witnesses are heard. The defence lawyer has considerable scope to shape the taking of evidence: in addition to the option of submitting motions to take evidence, both the defence lawyer and you yourself have the right to ask questions.

In addition to the prosecution’s closing speech, the subsequent closing arguments are shaped by the defence counsel’s plea. This provides a further opportunity to influence the judgment in the accused’s favour. The core part of the trial concludes with the accused’s last word pursuant to Section 258(2) StPO.

The court’s subsequent deliberations are based on the principle of free judicial evaluation of evidence pursuant to Section 261 StPO. Any remaining doubts as to the accused’s guilt mean that the court must acquit under the principle of in dubio pro reo.

If the proceedings have not been discontinued beforehand, the trial ends with the pronouncement of the judgment, which results in either an acquittal or a conviction. The judgment is set out in writing and must be submitted to the court registry in written form within the time limit under Section 275 StPO.

How can we support you at trial?

The option already mentioned of submitting motions to take evidence during the taking of evidence is a key instrument for defence counsel in the main proceedings. By offering a wide range of evidence—witnesses, expert witnesses, documents, inspections, etc.—we can increase the likelihood of presenting exculpatory facts.

This can also be supported by the examination of witnesses by defence counsel, including questions not asked by the court or the accused. Questioning these witnesses can often uncover contradictory testimony or, by examining peripheral aspects of the alleged events in greater detail, enable a comprehensive assessment that may potentially exonerate the accused.

If the specific circumstances warrant it, defence counsel is also responsible for filing a motion to disqualify a judge for bias under Section 24 StPO. This requires a substantiated concern regarding the impartiality of the judge in question.

Undisputedly characteristic of the main proceedings and a central element of defence strategy is defence counsel’s plea as part of the closing arguments. At the end of the main proceedings, it gives defence counsel the opportunity to assess the facts conclusively and, in light of the motions to take evidence and defence measures pursued, to plead comprehensively and expertly in the accused’s favour.

In addition, defence counsel’s overall task in the main proceedings is to actively help shape the hearing, identify and implement exculpatory circumstances for the accused, and jointly prioritise these concerns in advance as part of a comprehensive individual defence strategy.

This is how we can support you at trial.

Our advisory services for an optimal defence in the main proceedings

We prepare you as thoroughly as possible for the scheduled trial. In a personal meeting, we explain the course of a hearing before the criminal court so that you know what to expect and unpleasant surprises can be avoided. We will be pleased to answer any outstanding questions and address any concerns or fears you may have through comprehensive advice.

Together, we develop the best possible defence strategy for your individual case. Our goal in the main proceedings is to defend you effectively and consistently and to ensure that you receive a fair trial.

Frequently asked questions

As a rule, trials are held in public due to the principle of open justice. This principle is a fundamental rule-of-law concept intended to ensure that court proceedings are accessible to the public. It means that hearings in court are generally public, so that anyone—even without a personal interest in the case—may attend as a listener. However, exceptions apply, for example in juvenile criminal law, when sensitive details such as intimate aspects of an offence are discussed, or when state secrets or public security must be protected. In such cases, the court may exclude the public.

No. As the accused, you are not obliged to make a statement on the matter. You have the legally enshrined right to remain silent (Section 136(1) StPO). This means you do not have to make a statement either to the police or in court. Your silence may not be held against you.

It may be advisable not to make any statement before you have consulted a criminal defence lawyer. They can review the evidence and the allegations and decide with you whether and how a statement should be made. Use your right to remain silent to avoid potential disadvantages.

Whether it is advisable to confess to an offence depends heavily on the individual case and the specific circumstances. In certain cases, a confession can have a mitigating effect on sentencing, as it facilitates the investigation and may demonstrate remorse. However, a confession should always be carefully weighed, as it also constitutes an admission of guilt and can form the basis for a conviction.

Before you decide, it is advisable to review the evidence and the defence strategy together with an experienced criminal defence lawyer. A confession should never be made rashly, but should always be assessed in the context of the overall defence. Therefore, be sure to speak with a lawyer before deciding to make a statement.

No. Your family members are not obliged to testify against you as witnesses. Under Section 52 StPO, close relatives have a so-called right to refuse to testify. This includes, for example, spouses, registered civil partners, parents, children and siblings. This right means they can decide whether they wish to testify or not.

It is important that your relatives are informed of this right before being questioned. If they decide not to testify, they must not suffer any disadvantages as a result. This right to refuse to testify serves to protect family ties and to avoid conflicts between loyalty and the duty to tell the truth.

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

Your defence lawyer can incorporate these witnesses into the defence strategy and ensure that they are summoned and heard in the proceedings. The court is obliged to consider these witnesses’ statements at the hearing, provided they are relevant to the case. Discuss with your lawyer which witnesses could strengthen your position to ensure that all exculpatory evidence is introduced into the proceedings.

The duration of court proceedings depends heavily on the individual case and therefore cannot be determined in general terms. Some hearings are concluded after just 30 minutes, while others can extend over weeks or even months, especially if extensive evidence must be taken. However, an initial estimate of the likely duration can often be made based on the indictment and the evidence listed in it.

Choose clean clothing that you feel comfortable in. It is not necessary to appear in court in a suit with a tie or in formal business attire. However, extremely casual outfits such as a miniskirt with a spaghetti-strap top and flip-flops, or sweatpants with a football jersey, are not appropriate for a witness examination. In addition, it is not permitted to wear sunglasses or a hat during the hearing.