The police judge: what you should be able to follow during the hearing

One judge does not make a case unimportant

The police judge handles criminal cases with one judge. That is a different composition than the multiple criminal chamber. The choice of this route does not in itself guarantee a minor punishment or a simple factual situation. Even a seemingly clear accusation can contain a difficult recognition, a disputed statement or major personal consequences. Preparation should therefore be determined by the content of the case and not just by the number of judges in the room.

Our editorial analysis is that short sessions mainly require a good separation of topics. Anyone who only discovers during treatment that a claim for damages or a previous suspended sentence is also being discussed must respond under time pressure. Make a list in advance of the accusation, the relevant documents and possible side decisions. Ask the lawyer which points should be explicitly stated and what information is still required for this. A concise preparation can be careful without being superficial.

Start with the full summons

Check the date, location and prosecutor's office number, but also read the charges and information about your rights. The indictment states the offense the Public Prosecution Service accuses you of. Legal alternatives such as primary and subsidiary may mean that more than one qualification is presented. Ask the lawyer to explain this structure. Your own summary such as an argument or a traffic error may miss important parts that must be assessed for evidence and criminality.

The official procedure description also addresses attendance, legal assistance and postponement. Do not, without checking, assume a general rule that appearing is always voluntary or always mandatory. An order, special legal regulation or the specific legal position may be important. If you cannot come, this requires timely consultation about a substantiated postponement request. A sent letter does not yet constitute an assigned request. Save the confirmation and check whether the original hearing date actually expires. (official procedure description)

Prepare an evidence discussion per fact

Read the available file with the indictment next to it. What conduct must be proven according to the Public Prosecution Service and which document supports that? A statement about presence does not automatically prove intent or a specific action. Note the location and the specific objection for each disputed point. Also state what information you can provide yourself and what it is based on. A work schedule can help control a time issue; a blanket statement that you would never do such a thing is a different kind of information.

Discuss missing documents before the hearing starts. Ask whether additional investigation or a request for witnesses is necessary and which criterion applies. Bringing a witness yourself does not mean that that person will automatically be heard. Do not contact other parties involved to coordinate statements. The lawyer can use the correct procedural route. The criminal file guide helps to create an overview of received documents, open questions and your own sources. (criminal file)

What happens during treatment?

The precise order may differ, but during a substantive criminal hearing the accusation, relevant facts and personal circumstances are discussed. The public prosecutor gives a position on evidence and punishment. The defense can respond and the suspect gets the last word. Any injured party may have filed a claim for damages. It is useful to recognize these components as different decision moments, even if they occur in quick succession in one conversation.

An annotated own agenda sets one goal for each part. When making the accusation: understand the facts at hand. With the evidence: identify relevant dispute and missing context. In case of personal circumstances: explain current, verifiable consequences. With the requirement: understand what the Public Prosecution Service is asking for. In the defense: have the legal and factual response elaborated. With the last word: use space for whatever you want to say. Such an agenda is a tool for understanding, not a script that binds the judge to a fixed order.

An answer must fit what you actually know

As a suspect you do not have to make a substantive statement about the accusation. Discuss with the lawyer how your procedural position will be shaped during the hearing. A judge can ask questions to clarify ambiguities, but the pressure to answer quickly does not make an uncertain memory more certain. Indicate when you do not understand a question or when you do not know something from your own observation. Don't pass off a translation problem as a substantive answer.

Good preparation is not a collection of rehearsed sentences. It is about being able to distinguish between facts, assumptions and information that you heard later. Anyone who has read a file may unintentionally mistake a detail from it for their own memory. Discuss that difference in advance. It is also better to discuss an unfavorable fact honestly with the lawyer than to have it appear unexpectedly during the hearing. A general internet recommendation to always talk or always remain silent does not replace this assessment.

Evidence, claim and sentencing are different steps

The judge first assesses the questions required for a final decision, including the evidence and the criminality. A penalty is the opinion of the public prosecutor. The judge does not have to follow this and can arrive at a different outcome within the applicable framework. The law limits which penalties the police judge can impose. Let the lawyer explain what the limits and possibilities mean in your case; the chosen judge does not provide a personal sentence prediction.

Personal circumstances may be relevant when sentencing, but must be linked to concrete information. Consider income, care, treatment, work schedule and the feasibility of a possible sanction. Describe changes since the police interrogation. An outdated income statement or an old employer letter can give a wrong impression. Also make a distinction between contesting guilt and discussing the consequences if the judge does convict. These topics can be prepared side by side without automatically excluding each other.

A claim for damages deserves its own answer

An injured party can request compensation in the criminal case. That is not a part that is resolved by itself when you expect another punishment. Ask which items are being claimed, what substantiation there is and how the claim is related to the offense charged. Liability, amount and the question of whether treatment is appropriate in the criminal case can be separate points of discussion. A general statement that the amount is too high does not make it clear which item is being disputed.

Prepare a response for each relevant post with the lawyer. Are medical costs, lost income or damaged goods substantiated with documents? Is payment or insurance mentioned? Only report what you know and check evidence of previous payments. Do not contact the victim directly to make the claim disappear under pressure. If a practical or recovery-oriented appointment seems desirable, it can be discussed through which appropriate channel it can be responsibly explored.

Fictional example: the evidence discussion swallows up the rest

Suppose Rosa is prosecuted for damaging a bicycle. She concentrates entirely on a disputed recognition. The hearing also revealed a claim for damages for repairs and replacement transport. The recognition can be decisive for the question of guilt, but does not provide a substantive response to the damages if the judge considers the involvement proven. This fictional example shows why a defense must be able to discuss multiple decision paths.

Rosa and her lawyer therefore put a separate list with the claim, the documents and possible differences in amount in addition to the evidentiary objections. Current income is also checked in case a financial penalty is involved. That is not an admission that the recognition is correct. It is preparation for the decisions that may follow during the same treatment. A file discussion that only focuses on the most emotional accusation can otherwise leave important practical information undiscussed.

After the statement, clarity is more important than an impression

The police judge often makes a decision immediately, but the concrete treatment may proceed differently. Note whether there is a final decision or an interim decision and ask what exactly has been decided. Merely remembering that the fine is lower than the requirement may be insufficient if a conditional portion, a driving ban or a compensation measure has also been imposed. Ask the lawyer to explain the parts and starting points. A favorable impression does not replace the substance of the decision.

Discuss a possible appeal immediately. Case law describes the main rules and exceptions, including that the appeal period is usually fourteen days, but the starting point may depend on the situation. Have the specific term checked. Waiting for a full written explanation does not automatically extend the period. Note who prepares the decision on appeal, how instructions are given and which receipt of an action taken is kept. An intention to call is not an established legal remedy. (Case law describes the main rules and exceptions)

The annotated session map

Create one folder with a short index and keep original pieces recognizable. Don't add an unfocused pile of private documents. The goal is that you and the lawyer can quickly point to the relevant location and see open questions in a timely manner. The agenda below is an editorial tool that must be adapted for each specific case. A examining judge may choose a different order and ask additional questions.

• Summons: complete document, public prosecutor's office number, date, location and verification of presence or postponement.
• Accusation: the elements to be proven per fact and the questions for the lawyer.
• Evidence: locations, concrete disputes and requested documents.
• Personal circumstances: current, limited evidence about income, work, care and treatment.
• Damages: separate overview of the claim, substantiation and response per disputed item.
• Statement: space to record all components, effective dates and follow-up appointments.
• Legal remedy: concrete deadline check, decision moment with the lawyer and confirmation of any action.