Criminal proceedings are often a significant burden for the accused. Uncertainty, state intervention, and complex procedures quickly lead to insecurity. Those who understand the course of criminal proceedings can assert their rights effectively and avoid wrong decisions.
In our law firm in Stuttgart and Konstanz, we regularly observe that early information and legal support can significantly influence the outcome of criminal proceedings. The following overview explains the individual phases of criminal proceedings in an understandable and practical manner.
Ongoing criminal proceedings require clear decisions and legal guidance. Early consultation with an experienced criminal defense lawyer can help limit risks and preserve opportunities.
For searches, arrests, or other urgent situations, you can reach our 24h criminal law emergency hotline at +49 151 61429000. Alternatively, our contact form is available for a non-binding initial assessment.
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Course of Criminal Proceedings: The Essentials in Brief
- Criminal proceedings are divided into preliminary investigations, intermediate proceedings, main proceedings, and, if applicable, appeals.
- The proceedings can be dismissed already at the investigation stage, without a court hearing.
- The public prosecutor’s office and the police conduct the investigations, with the public prosecutor’s office leading the proceedings.
- The accused’s right to remain silent applies at all stages of criminal proceedings and should be consistently observed.
Preliminary Investigation: How do criminal proceedings begin?
Criminal proceedings begin as soon as the public prosecutor’s office or the police become aware of a possible suspicion of a criminal offense. This regularly occurs through a criminal complaint or the authorities’ own investigations.
Even an initial suspicion is sufficient to initiate preliminary proceedings (§ 152 para. 2 StPO). Guilt of the accused is expressly not required at this point.
Typical triggers for preliminary proceedings include:
- Criminal complaints from private individuals or companies
- Complaints by authorities
- Police observations
- Control measures or accidental findings
Our experience shows that many accused persons do not immediately notice the start of the preliminary proceedings. Often, the first notification comes through a summons, a search, the service of a penalty order, or even pre-trial detention.
What role do the police and public prosecutor's office play in preliminary proceedings?
The public prosecutor’s office is in charge of the preliminary proceedings (§ 160 StPO). It decides on the course of the criminal proceedings, the direction, scope, and conclusion of the investigations. The police act as investigating officers for the public prosecutor’s office.
Both authorities may, among other things:
- Interrogate accused persons (§ 163a StPO)
- Question witnesses (§ 161a StPO)
- Conduct searches and seizures (§ 94 StPO)
- Obtain expert opinions (§ 161a StPO)
In our law firm in Stuttgart and Konstanz, we regularly observe that accused persons confuse responsibilities. It is important to note: Even police interrogations are carried out on behalf of the public prosecutor’s office.
Practical Tip: How should accused persons behave during police measures?
The correct handling of investigative measures is crucial. Mistakes often cannot be corrected later.
Basic rules in preliminary proceedings:
- Do not make statements about the matter
- Consistently exercise the right to remain silent (§ 136 StPO)
- No voluntary surrender of documents or passwords
- Contact a criminal defense lawyer immediately
An ill-considered conversation can significantly influence the further course of criminal proceedings.
The preliminary proceedings conclude with a decision by the public prosecutor’s office (so-called final disposition). Several options are possible, depending on the evidence and the accusation.
Typical conclusions of preliminary proceedings are:
- Dismissal due to lack of sufficient suspicion (§ 170 para. 2 StPO)
- Dismissal due to minor guilt (§ 153 StPO)
- Dismissal subject to conditions (§ 153a StPO)
- Application for a penalty order (§ 407 StPO)
- Filing of charges (§ 170 para. 1 StPO)
Not every preliminary proceeding automatically leads to a main hearing. In practice, many proceedings are concluded beforehand.
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Intermediate Proceedings: What happens next in the course of criminal proceedings?
The intermediate proceedings begin with the filing of charges by the public prosecutor’s office. The competent court now examines whether the indictment will be admitted for the main hearing.
The court particularly checks:
- Whether there is sufficient suspicion (§ 203 StPO)
- Whether there are procedural impediments (§ 206a StPO)
- Whether evidence is admissible
In this phase, the defense can specifically raise objections against the indictment. Our experience shows that well-founded statements in the intermediate proceedings can prevent the opening of the main hearing.
What options does the defense have in intermediate proceedings?
Even if the intermediate proceedings are often underestimated, they offer important defense approaches. Thus, the course of criminal proceedings can still be influenced before the main hearing.
Possible steps include:
- Statement on the indictment
- Motions for evidence or suggestions for evidence
- Objections to the opening of the main proceedings
Our experience shows that well-founded objections at this stage can lead to a dismissal.
The Main Proceedings: What the accused can expect in the main hearing
The main proceedings are the phase in which the court decides on guilt or innocence. They begin as soon as the court has admitted the indictment and usually end with a verdict or a dismissal of the proceedings.
In the main hearing, the facts are thoroughly examined. Accused persons are not obliged to make statements about the matter. The right to remain silent also continues before the court (§ 136 StPO).
The course of the proceedings follows fixed legal rules (§ 243 StPO):
- Calling of the case and identification of the parties
- Interrogation of the accused regarding their person (no statements about the offense)
- Taking of evidence, particularly through witnesses, experts, and documents
- Plea by the public prosecutor’s office and subsequently by the defense
- Last word of the accused
- Pronouncement of judgment or dismissal of proceedings
In our law firm in Stuttgart and Konstanz, we observe that a structured defense strategy in the main hearing can be decisive. The taking of evidence often provides starting points to reveal doubts about the act or its legal assessment. Early preparation for the hearing day is therefore essential.
Local Court or Regional Court – what is the difference?
Whether criminal proceedings are heard before the Local Court (Amtsgericht) or the Regional Court (Landgericht) primarily depends on the expected sentence. The prognosis of the public prosecutor’s office at the time of indictment is decisive.
Generally applies (§§ 24 ff. GVG):
- Local Court (Amtsgericht): – either the single judge is competent for an expected sentence of up to two years imprisonment or a fine (§ 25 GVG) or the lay assessors’ court (Schöffengericht) for an expected sentence of up to four years imprisonment or a fine (§ 28 GVG).
- Regional Court (Landgericht): Competent for more serious accusations, higher expected sentences, capital crimes, or cases of particular importance.
Our experience shows that proceedings before the Regional Court are regularly more complex. The scope of evidence, the composition of the court, and the defense strategy differ significantly, making early legal preparation particularly important.
When does a criminal judgment become legally binding and what does that mean?
A judgment does not become legally binding immediately. Legal force only takes effect when no further appeals can be lodged or when they have been exhausted.
Before legal finality, there is the possibility to have the judgment reviewed. This is a central component of criminal proceedings under the rule of law.
Legal Remedies: How can I challenge judgments?
Accused persons have legal remedies available against a criminal court judgment. These allow for a review of the decision before it becomes legally binding. Which option is appropriate depends on the court and the specific error in the judgment.
Criminal procedural law distinguishes in particular between appeal and revision:
- Appeal (§§ 312 ff. StPO): This leads to a new factual hearing. Evidence can be re-taken, witnesses re-examined, and the facts fully re-evaluated. Appeals are primarily admissible against judgments of the Local Court.
- Revision (§§ 333 ff. StPO): Here, the appellate court exclusively examines whether errors of law exist. No new evidence is taken.
Our experience shows that an early review of the grounds for judgment is crucial to choosing the right strategy.
Course of Criminal Proceedings: When do I need a criminal defense lawyer?
A criminal defense lawyer should be engaged as early as possible – ideally already during the preliminary investigation. Our experience shows that many crucial decisions are made before an indictment is even filed. Those who engage a criminal law attorney early can actively influence the course of criminal proceedings.
A criminal defense lawyer undertakes central tasks:
- Safeguarding the rights of the accused, especially the right to remain silent
- Access to files at the public prosecutor’s office (§ 147 StPO)
- Review of the evidence and legal classification
- Communication with the police and public prosecutor’s office
- Development of an individual defense strategy
Our law firm assists you in ensuring that the proceedings can be dismissed or concluded without a main hearing. At the latest, legal assistance is urgently advisable for summonses, searches, or indictments.
Criminal proceedings should never be underestimated. Early advice protects against avoidable mistakes and can be decisive for the outcome.
In acute situations such as arrests or searches, the 24h criminal law emergency hotline at +49 151 61429000 is available.
Alternatively, a non-binding initial assessment offers the opportunity to have one’s situation legally evaluated early.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
