Court proceedings
The duration of legal processes in criminal cases can vary depending on factors like case complexity, evidence availability, witnesses, and court workload. Simple cases, like minor offences, can be resolved within months, while complex cases involving serious crimes may take longer.
Each case is unique; unforeseen events or procedural issues can cause delays. The aim is to handle cases in a timely manner while ensuring a fair examination of evidence and legal arguments.
At least one judge, one representative of the public prosecutor's office, one court reporter and the defendant are always present at the main hearing. Depending on the court before which the trial is being held, lay assessors and other judges may also be present.
If the court has confirmed you as a joint-plaintiff and you have a lawyer, both of you will be present, too. If you are not a joint-plaintiff but are testifying as a witness, you will have to wait outside the courtroom until you give your statement.
If you make use of psychosocial counselling, this person may also attend the hearing.
You have a right to language mediation.
Most hearings are public, which means that the public or press may also be present. The public is only excluded in exceptional cases.
The entire criminal proceedings, interviews and investigations must take into account the protection of victim-witnesses. The court will check whether you, as a victim-witness, can give evidence in court without the accused or the public being present for reasons of protection. A secure witness room is also one of the protective measures.
As a victim-witness, you have the right to language mediation.
Joint plaintiffs can also request the free translation of documents from the files if they need them in order to exercise their rights during the trial.
As a victim-witness, you have the right to protection of your personal data. You are welcome to ask the judge at the beginning of the hearing that your new address is not read out. You do not have to give your real address to the court, only a postal address.
Conclusion of the investigation:
Once all the necessary evidence has been collected and the accused has had the opportunity to comment on the allegations, the public prosecutor's office decides how the investigation should be concluded. Different options are available for this. For example:
- Filing an indictment (see below)
- Discontinuation of proceedings due to lack of evidence: If the investigation has not revealed sufficient suspicion, the public prosecutor's office will discontinue the investigation for lack of evidence.
- Discontinuation due to minor guilt
- Discontinuation against conditions and instructions: These include the payment of a fine or compensation or victim-offender mediation.
You can appeal against the decision. It is advisable to seek legal advice if you are considering lodging an appeal.
Filing an indictment: The public prosecutor's office draws up an indictment in which it specifies the offence, the criminal law violated and the evidence.
The court examines the indictment and can then decide whether to open the main proceedings.
If you are a joint plaintiff or have to testify as a victim- witness in the proceedings, you will receive an invitation to the court hearing. This will state the date and exact location.
Not every criminal proceeding involves a hearing in the courtroom.
The course of a main hearing is set out in the Code of Criminal Procedure (in German: Strafprozessordnung):
The presiding judge opens the main hearing. First, the persons present are named. The witnesses are then instructed that they must tell the truth. They may have to leave the room afterwards.
The defendant is then questioned about his or her identity.
The public prosecutor then has the floor and reads out the indictment, including the requested sentence and the reasons for the sentence.
The public prosecutor also presents any claims for damages by the injured parties and justifies the claims.
The defendant is questioned about the offence. The defendant also makes a statement as to whether he agrees with the compensation claimed by the injured party.
The taking of evidence then begins. During the taking of evidence, witnesses or experts are questioned and evidence is examined.
Depending on the extent, nature and seriousness of the offence, the taking of evidence can take a long time. At the end, the parties involved make a plea.
Joint plaintiffs are also allowed to speak again.
The accused has the last word. The court then retires for a final deliberation and then announces the judgement.
At the end of the trial, all participants are called into the courtroom. The presiding judge announces the judgment. The judgment is usually either an acquittal (a judgment of not guilty) or a conviction (a judgment of guilty) with the imposition of a penalty, either money, imprisonment or juvenile penalty – with or without probation. If neither the convicted person/lawyer nor the public prosecutor’s office nor the private accessory prosecutors lodge an appeal on points of fact or of law within one week, the judgment becomes final and binding, and the criminal proceedings are discontinued.
However, criminal proceedings do not necessarily have to end with a judgment. Examples of this are if the proceedings are terminated due to negligible guilt or discontinued if a fine is paid or if reparations for damages are made.
Help Info for those affected by crime
Opferfibel – Victim’s Guide (English version at the bottom of the page)
Information leaflet for victims of a criminal offence (different languages)
