Criminal proceedings serve the search for truth, the rule of law and legal peace. To ensure fair and transparent prosecution, the proceedings follow fixed rules and pass through several phases. This guide provides a structured overview of the individual stages of criminal proceedings in Germany.
1. Adjudication Proceedings (Erkenntnisverfahren)
The adjudication proceedings determine whether a person has committed a criminal offence. They comprise three sections: the investigation proceedings, the intermediate proceedings and the main proceedings.
a) Investigation Proceedings (Ermittlungsverfahren)
The investigation proceedings are initiated by a criminal complaint or ex officio as soon as the police or the public prosecutor's office become aware of a possible criminal offence. It is then examined whether there is initial suspicion, i.e. whether concrete indications of a criminal act exist. If so, the investigations commence.
The public prosecutor's office (Staatsanwaltschaft) directs the criminal proceedings and coordinates the police investigations. This includes the gathering of evidence, the questioning of witnesses and, where appropriate, the involvement of expert witnesses. At the end of the investigation, the public prosecutor's office decides whether there is sufficient suspicion (hinreichender Tatverdacht) to justify an indictment, or whether the proceedings are to be discontinued. Sufficient suspicion exists where a conviction is more likely than an acquittal.
Statistics on discontinuation of proceedings: In 2023, around 5.5 million prosecutorial investigations were concluded in Germany, of which 59% were discontinued.
b) Intermediate Proceedings (Zwischenverfahren)
If the investigation reveals sufficient suspicion, the public prosecutor's office files an indictment or applies for a penal order (Strafbefehl). The competent court examines whether the indictment is sufficiently substantiated and decides whether the main proceedings will be opened or whether the proceedings will remain discontinued for lack of suspicion. Sufficient suspicion is therefore reviewed again by the court.
The penal order procedure (Strafbefehlsverfahren) is a simplified procedure for minor offences and serves to avoid a main hearing. Where the requirements are met, the penal order is issued by the local court (Amtsgericht) upon application by the public prosecutor's office and may contain fines or suspended custodial sentences of up to one year. The accused may lodge an objection within two weeks. If no objection is filed, the penal order becomes final and has the same effect as a judgment. If an objection is filed, the main proceedings are initiated.
c) Main Proceedings (Hauptverfahren)
The main proceedings begin with the opening of the main hearing. The main hearing is the core element of this procedural stage. In the court hearing, all evidence is (re-)taken, witnesses are heard and the accused is questioned. The aim is to establish the facts alleged in the indictment. The main hearing ends with a judgment that results either in acquittal or in a sentence. Discontinuation of the proceedings is also still possible during the main proceedings.
Both the accused and the public prosecutor's office may lodge appeals against a judgment.
2. Enforcement Proceedings (Vollstreckungsverfahren)
Once the judgment becomes final, the enforcement of the sentence begins. Fines are collected, custodial sentences are served. Probation conditions and further court orders are also implemented in this phase. The enforcement proceedings are again directed by the public prosecutor's office.
Conclusion:
Criminal proceedings follow a clear and structured course in order to ensure fair and lawful treatment of all parties involved. Each phase is designed to establish the truth and safeguard the rights of all. The high number of discontinued proceedings shows how crucial careful examination at the investigation stage is, in order to avoid unnecessary main hearings and criminal sanctions while also saving costs.
Attorney Ms Kumru Dursun will be pleased to represent you in criminal matters.
