The main hearing: course of proceedings and preparation

1What is it about?

The main hearing (Hauptverhandlung) is the central part of criminal proceedings. In principle it is public and oral. The court decides on the basis of what is presented and taken in evidence at the hearing. The defendant is obliged to attend (§ 230 StPO).

The course of the hearing is regulated by law (§ 243 StPO): the case is called, the defendant is cautioned and questioned as to personal details, the indictment is read out, the defendant is given the opportunity to make a statement, evidence is taken, closing speeches and the last word are heard, and judgment is given. Good preparation gives confidence and improves the chances of the defence.

2Typical case scenarios

• Hearing before the single criminal judge at the local court (Amtsgericht).
• Hearing before the lay assessors’ court (Schöffengericht) or the criminal chamber with lay judges.
• Proceedings lasting several days with many witnesses and experts.
• Proceedings with interpretation by interpreters.
• Hearing with private accessory prosecutors (Nebenkläger) and press interest.

3Frequently asked questions

4How the proceedings unfold

1. Calling of the case and cautionAttendance, caution of witnesses, questioning as to personal details.
2. Reading of the indictment and statementPresentation of the indictment, opportunity to comment.
3. Taking of evidenceWitnesses, experts, documents and inspection.
4. Closing speeches and judgmentPleadings, last word, judgment and instruction on the available remedies.

5What requires particular attention

• Arrive on time and in appropriate clothing.
• Consult your defence lawyer before you say anything.
• Avoid spontaneous comments in the courtroom and in the corridor.
• Make a note of the instruction on remedies; the time limit for an appeal on facts and law (Berufung) or an appeal on points of law (Revision) is one week.

6How we defend you

We prepare you thoroughly and discuss the structure, the questions and possible courses of events. At the hearing we file motions for evidence to be taken, examine witnesses and experts and assess whether evidence may be used.

We deliver the closing plea, negotiate where appropriate on a plea agreement or discontinuance and, if the judgment is unsatisfactory, lodge an appeal within the time limit.