Main hearing

hen the court allows the indictment, i.e. the main proceedings are openedone or more appointmentsscheduled. A main hearing can be based on a so-called "Main hearing day“Be limited to just a short appointment of half an hour. However, especially in jury proceedings or complex jury cases with several accused, there are often a large number of main trial days, so that the entire main trial can drag on for a year in individual cases.

How long a main hearing in oneCriminal proceedingspersists, depends largely on the behavior of the defense lawyer or the accused. So the main hearing in a consensualPunitive Defense, for example at the beginningso-called dealnegotiated with the court can be extremely shortened.

As part of the deal, the court guarantees a maximum penalty and receives a confession in return. In such a case, the taking of evidence is not very complex and therefore time-saving. It can look completely different with a defense aimed at acquittal if the court is on a “conviction course”.

Then the defense has the option to continue the process throughRequests for evidenceto pull out. The length of a main negotiation therefore always depends on the strategy jointly agreed between the client and the defense attorney.

Preparation by the defense lawyer and the court

A main hearing is always carefully prepared by a good criminal defense lawyer, although this does not relieve him of the ability to be spontaneous. In particular, interrogations of witnesses require a detailed examination of the investigation file or the previous statements of the respective witness in the investigation. While the defense is working through the file and determining the strategy with the client, the court is not idle in the run-up to the main hearing.

It hitsPreparatory measureswhich should enable a smooth process (§ 213 ff. StPO). Among other things, all parties to the trial are informed of the place and start of the main hearing, but other facts relevant to the process, such as the naming of witnesses from the parties, are also disclosed.



Unless the Public prosecutor after the investigation of a sufficient suspicion goes out, a accusation or a Penalty order .

Examination of the accused - no testimony without inspection of the files!


In the preliminary investigation, the course for the outcome of the criminal proceedings is laid. Careless statements can have very negative consequences. In particular, the accused of a criminal offense is not obliged to comment on the matter and has a comprehensive Right to remain silent !


Please contact me immediately if you are invited to a Interrogation of the accused or sending a Suspect interrogation sheet. Experience has shown that the accused talk to each other - without legal assistance - to "head and shoulders" without noticing.


What can I do for you in the investigation?


  • First of all, I will inform the police that you will not appear for the hearing of the accused (no negative conclusions may be drawn from this!) And at the same time request access to the files.
  • I will use the witness statements, photos, sketches and statements in the investigation file that you may have made at the scene of the crime. the police officer - here too you have a comprehensive right to remain silent! - evaluate.
  • I will discuss the findings from the investigation file with you and define the further defense strategy with you.
  • I will regularly - in coordination with you - work towards a closure of the proceedings so that there are no legal proceedings.

Setting options in the preliminary investigation


in the Preliminary investigation there is the possibility from various points of view to work towards a suspension and thus termination of the criminal proceedings without a court hearing. So contact me as early as possible so that I can work towards a position. The most important setting options are:


  • Discontinuation due to insufficient suspicion, § 170 Abs. 2 StPO: The initial suspicion of a criminal offense cannot be confirmed by the investigation. The hiring according to § 170 Abs. 2 StPO is to be equated with an acquittal in the main hearing
  • Suspension due to insignificance, § 153 StPO: A suspension on the grounds of insignificance comes into consideration if the guilt of the perpetrator is considered to be minor, there is no public interest in prosecuting the offense and the offense is a misdemeanor
  • Discontinuation by imposing a condition or instruction, § 153 a StPO: A cessation by imposing a condition or instruction is possible if the act pursued is a misdemeanor and the public interest and the severity of the guilt do not conflict with a cessation of the proceedings and all parties agree. Often the condition consists in the payment of a sum of money to the state treasury or to a non-profit organization. This is what it is Not a punishment!