Indictment received: what now?

1What is it about?

With the indictment, the public prosecutor's office brings a public charge (§ 170 para. 1, § 199 StPO). It contains the charge itself, that is, the offence the accused is alleged to have committed, and the essential results of the investigation (§ 200 StPO). The court notifies you of the indictment and sets a time limit within which you may raise objections and apply for evidence to be taken (§ 201 StPO).

In the so-called intermediate proceedings (Zwischenverfahren), the court decides whether the main proceedings are to be opened. Only with the order opening the main proceedings (§ 203 StPO) does the accused become a person charged (Angeschuldigter) and then a defendant. The time limit for a statement is often short and should be used.

2Typical case scenarios

• Indictment before the local court (Amtsgericht; single judge or lay assessor court) for a misdemeanour (Vergehen).
• Indictment before the criminal division of the regional court (Landgericht) for a more serious offence.
• Indictment in economic or tax proceedings with extensive case files.
• Indictment although no statement has yet been made.
• Indictment and hearing date in quick succession.

3Frequently asked questions

4How the proceedings unfold

1. Bringing of the chargeService of the indictment, time limit for a response.
2. Intermediate proceedingsReview by the court, possibility of motions for evidence and objections.
3. Order opening the main proceedingsDecision on opening the main proceedings, setting of the hearing date.
4. Main hearingSummons, taking of evidence, judgment.

5What requires particular attention

• Instruct a defence lawyer immediately so that the time limit is put to good use.
• Keep records of service dates and summonses carefully.
• Notify the court of longer absences.
• Be sure to attend the dates of the main hearing; failure to appear can lead to an arrest warrant (§ 230 StPO).

6How we defend you

We obtain access to the case file, analyse the evidence and the charge in the indictment, and develop the defence strategy. In the intermediate proceedings we file motions for evidence, raise objections and, where necessary, seek discussions with the court and the public prosecutor's office.

We prepare the main hearing, discuss the course of proceedings and your statement (Einlassung) with you, and examine alternatives such as discontinuation, an agreement (Verständigung) or a penal order (Strafbefehl). An indictment is not yet a conviction. The presumption of innocence applies.