From arrest to verdict

A suspicion determines your position, not the outcome

The police and the Public Prosecution Service can investigate whether someone has committed a criminal offense. That person is a suspect. Debt has not yet been definitively determined. Even if some of the events are recognized, questions remain possible about evidence, the legal significance of the actions and appropriate settlement.

This overview covers the main points of adult criminal law. Different rules may apply to minors and some young adults. The nature of the fact also makes a difference: at criminal offences This concerns both crimes and misdemeanors. That is why there is no uniform letter, judge or processing time for every case. The name of the document and the procedure mentioned are always the starting point.

During the investigation, the police, Public Prosecution Service and judge have their own tasks

The police conduct investigations under the authority of the Public Prosecution Service. The public prosecutor decides on the use of powers and on prosecution. In the case of drastic investigation methods, permission from the examining magistrate may be required. The investigating judge can also conduct an investigation himself, for example by interviewing witnesses. The examining magistrate fulfills a different role than the judge who will rule later at the substantive hearing.

For a suspect, the visible procedure often starts with an arrest or invitation for a police interrogation. Declarations or other documents may already exist. Your own memory and the known file are different sources of information. Have it investigated to find out what supports the suspicion and what relevant information is still missing.

The file must provide a verifiable picture of the research

A criminal file consists of more than the accusation. It may contain official reports, statements, images and expert findings. Relevant exculpatory material should also be given a place. Inspection makes it possible to understand the material on which a suspicion is based and to ask specific questions about its reliability, origin or completeness.

Research wishes require explanation. Consider the question of which witness can say something from their own observation and why that is relevant to a disputed point. The defense may raise such wishes in the applicable proceedings; the competent court assesses requests. The lawyer can help formulate the legal meaning.

The Public Prosecution Service can decide in different ways

An investigation does not have to result in a court hearing. The Public Prosecution Service can, among other things, dismiss the case, offer a transaction, impose a criminal order or issue a summons. A dismissal means that the Public Prosecution Service will not prosecute; the reason may differ. Conditions are attached to a conditional dismissal. A transaction means that further prosecution is prevented under certain conditions.

A criminal order is a criminal decision by the Public Prosecution Service. The Public Prosecution Service must determine guilt for this; it cannot therefore impose a prison sentence. There is opposition to a criminal order, which is usually subject to a period of fourteen days after notification and additional rules may apply. Therefore, read the decision and legal remedies information received. “I don't have to go to court” does not automatically mean that a proposal or decision is without legal consequences. The possible judicial registration also deserves separate attention.

The decision about imprisonment runs parallel to the question of guilt

A suspect can await the criminal case in freedom or be held in pre-trial detention under legal conditions. Custody and detention have separate decisions and time limits. If the investigation is still ongoing, a pro forma hearing may be necessary to decide whether to continue pre-trial detention. Such a hearing is not a complete substantive hearing of the accusation.

A director's hearing has a different emphasis: the state of the research, research wishes and further planning are discussed there. The label “session” does not yet indicate which questions will be answered. Check what type of treatment is announced. This prevents incorrect expectations, for example that a final verdict follows immediately after each appearance in court.

The summons makes the accusation and hearing specific

If the Public Prosecution Service decides to take the case to the criminal court, a summons will follow. This states the accusation and the place and time of treatment. Which criminal court will handle the case depends, among other things, on the type of offense, the gravity and the age of the suspect. For example, there is a police judge, a multiple criminal chamber and a subdistrict court judge.

The police judge handles cases alone; the multiple criminal chamber consists of three judges and handles more serious or complicated cases. That difference is an organizational and legal choice, not a prediction that a suspect will be found guilty. Also prepare the practical side: take the summons and proof of identity with you and, if anything is unclear, contact the court handling the case.

Evidence and personal circumstances come together at the substantive hearing

During the substantive hearing, the judge discusses the file and asks questions. A possible claim for damages from a victim and personal circumstances can also be discussed. The Public Prosecution Service gives its position and sentence demand; then the defense can respond. The requirement is the position of the Public Prosecution Service. The judge makes his own assessment and decides.

The key questions are whether the fact has been proven, whether the act is punishable and whether the suspect is punishable. Which punishment or measure is possible depends on that assessment. As a suspect you get the last word, without having to use it. Discuss with the lawyer which topics still require attention.

Mediation can discuss recovery while the criminal case continues

In a suitable criminal case, the suspect and victim can discuss what happened and what consequences it has, under the guidance of specialized mediators. Participation is voluntary. The conversation can be about material or emotional recovery and agreements for the future. Mediation is therefore a different activity than the assessment of evidence and guilt at a criminal hearing.

Even after successful mediation, the Public Prosecution Service or the judge will still make a decision about the criminal case. The outcome can be taken into account, but parties cannot replace every criminal decision by mutual agreement. This prevents incorrect expectations: apologies or compensation for damages do not result in an automatic acquittal or fixed penalty benefit. Anyone who wants to explore mediation can discuss the possibilities and meaning with the lawyer.

After the ruling, new questions will follow about consequences and deadlines

The judge can, among other things, acquit, convict or dismiss all prosecution. In the latter decision, the fact may be proven, while the fact or the suspect is not punishable. A punishment and a measure have different functions. The seriousness of the fact, circumstances and legal frameworks play a role in the final decision; General punishment examples are therefore not a reliable calculation for one case.

Anyone who wants to have a ruling assessed should check the options for appeal in a timely manner. Fourteen days often apply, but the precise period and option differ per situation. The Public Prosecution Service can also lodge an appeal. Therefore, immediately note which decision has been made, when you became aware of it and what the stated legal remedies information says. Do not wait for a supposed next letter for that check.

Example: three letters, three different questions

Hypothetical example: Milan first receives an invitation for questioning, later a summons and then a ruling. The invitation concerns preparation for the research interview. The indictment and hearing are central to the summons. After the ruling, the question is whether a legal remedy is available and within what period. All three documents belong to the same suspicion, but require different attention.

Your own file overview makes that sequence visible. Indicate sender, date, case number and outstanding question for each document. You can search for assistance for the relevant phase via find criminal lawyer. Also discuss the possibility of a pro deo lawyer. Financing and substantive defense both require attention.

• What is the last official decision and which authority made it?
• What term, hearing date or condition is stated in the documents received?
• Which file documents are available and which specific research questions still exist?
• Is the next discussion about planning, pre-trial detention or the content?
• Have legal assistance, financing and practical presence been discussed?
• Have the consequences and legal remedies been checked after a decision has been made?

Each exit has its own documents and decision moments

An overview of the criminal procedure only becomes practical when you recognize the exit. In the case of a dismissal, you want to know what decision has been made and what consequences remain. A OM hearing concerns the preparation for a decision by the Public Prosecution Service. A criminal order has its own meaning and resistance route.

A question about pre-trial detention is also not the same as the question of guilt at the final hearing. Therefore, save the call, decision and contact details for each phase. Ask what next decision is expected and what information you can provide for this. This provides guidance while the outcome is still uncertain.