Indictment Received

You Have Received an Indictment – What Now?

Receiving an indictment (Anklageschrift) means that the public prosecutor has concluded the investigation and considers the evidence sufficient to bring the case to trial. The indictment is filed with the competent court, which then decides whether to open the main proceedings. This is a critical stage in the criminal process – the charges are now formally defined, and the case is moving towards trial.

Your Rights and What to Do

After receiving an indictment, the accused has the right to inspect the full prosecution file through a defense lawyer, to submit written objections to the opening of the main proceedings, and to propose evidence in their favour. The court reviews the indictment in a preliminary examination (Zwischenverfahren) and decides whether there is sufficient suspicion to proceed to trial. This stage offers a genuine opportunity to prevent the case from going to trial – well-prepared objections can lead the court to refuse to open the main proceedings or to limit the scope of the charges.

How BAFTEH Criminal Defense Can Help

The period between receiving an indictment and the opening of the main proceedings is strategically crucial. At BAFTEH Criminal Defense, we conduct a thorough analysis of the indictment and the prosecution file, identify weaknesses in the evidence, and prepare targeted submissions to the court. Where appropriate, we file motions to exclude evidence, challenge the legal classification of the offence, or argue for the non-opening of the proceedings. Early and active defense at this stage can significantly influence the outcome of the case.

Indictment received: what matters now

Intermediate procedure and opening decision

After the indictment is filed, the intermediate procedure follows. The court examines whether there is sufficient suspicion and decides on opening the main proceedings (§ 203 StPO) or refusing to open them.

Statement and evidentiary applications

Before the decision you may raise objections and file evidentiary applications within the set period (§ 201 StPO). In suitable cases a discontinuation of the proceedings can already be suggested here.

Preparing for the trial

We obtain file access, develop the defense strategy and prepare witnesses and evidentiary applications – so that you do not face the trial unprepared.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.