Indictment in Criminal Proceedings in Germany | Strong Defense Nationwide
An indictment is a decisive step in German criminal proceedings: the prosecution is convinced that the charges can be proven in court. Receiving an indictment usually means that a public trial will take place. Now is the time to act and prepare your defense.
As an experienced criminal defense lawyer, I represent clients all over Germany – discreetly and competently – from the first consultation until the final judgment.
Table of Contents
What is an indictment?
When is an indictment filed?
Types of indictment
Procedure after receiving an indictment
Main hearing and evidence
What you should do as a defendant
Defense strategies
Possible outcomes
FAQ – frequently asked questions
Why legal defense is crucial
Contact – secure your defense now
An indictment is the formal accusation brought by the public prosecutor against a person for committing a crime. It initiates the next stage of the proceedings: the main hearing before a court.
The indictment contains:
The charges and legal classification
Time and place of the alleged offense
Evidence relied upon
Legal provisions
Information about the accused
Delivery is made either directly by the court or via your defense lawyer.
The public prosecutor files an indictment when, after the investigation, they conclude that:
✅ there is sufficient suspicion of a crime
✅ the evidence is likely to result in a conviction
✅ there are no procedural obstacles
The principle is: “In case of doubt – file an indictment.” Uncertainties are often clarified during the trial.
Depending on the severity of the case, different courts are competent:
Indictment before the local court (Amtsgericht) – for offenses with penalties of up to 2 years.
Indictment before the regional court (Landgericht) – for more serious crimes.
Economic crimes chamber – for complex white-collar crimes.
Juvenile indictment – for young offenders.
Procedure after receiving an indictment
After receiving the indictment, the judge examines it:
Opening decision – The court decides whether to open the main proceedings or reject the indictment.
Service of indictment – You (or your lawyer) are served with the indictment and given a deadline to respond.
Deadline for defense submissions – You may submit objections or file motions.
Scheduling – The court sets the date for the main hearing.
The main hearing is public and follows a clear structure:
✅ Reading of the indictment
✅ Information for the defendant
✅ Defendant’s statement (voluntary)
✅ Examination of witnesses and experts
✅ Motions by the defense
✅ Closing arguments
✅ Judgment
This phase is emotionally demanding. Careful preparation with your lawyer is essential.
What you should do as a defendant
Important: After receiving an indictment:
Do not contact the court or prosecution on your own.
Contact a lawyer immediately.
Coordinate your defense strategy with your lawyer.
The earlier a defense lawyer is involved, the better your chances.
An experienced defense lawyer develops a tailored strategy:
Examining the evidence – Are there contradictions or weak points?
Clarifying legal issues – Are the legal requirements for the indictment met?
Filing motions – Witnesses or expert opinions to support your defense.
Exploring dismissal options – Can the case be dismissed before trial?
Considering negotiations – In some cases, a deal with the prosecution may be possible.
After the trial, several results are possible:
✅ Acquittal – charges not proven.
✅ Dismissal – sometimes with conditions.
✅ Fine – for minor offenses.
✅ Prison sentence – with or without probation.
✅ Waiver of punishment – in rare cases of minimal guilt.
FAQ – frequently asked questions
Do I have to attend the main hearing?
Yes. As a defendant, you are generally required to appear.
Can I respond in writing?
A written statement is possible but does not replace your presence.
How long does the process take after an indictment?
It depends on the complexity – from weeks to several months.
What about the costs?
Costs depend on the case. If you are acquitted, the state bears the costs.
An indictment is the moment to act. Without a strong defense, you risk:
❌ Wrongful conviction
❌ Criminal record entries
❌ Fines or imprisonment
❌ Long-term consequences for career and family
A skilled defense lawyer ensures your rights are protected and all favorable arguments are presented.
Contact – secure your defense now
Have you received an indictment? Don’t wait – time is critical.
📞 Phone: +49 172 8974716
✉️ E-Mail: beisel@duckscheer.de
Rely on my experience as a criminal defense lawyer. I represent clients nationwide – discreet, competent, and dedicated.