In brief

The main hearing is where the case is decided. What does not come up there may not be used by the court, even if it is in the file. That is why so much depends on which evidence is introduced, and how.

The main hearing follows the opening decision or an objection to a penalty order. Section 243 StPO sets out the sequence: calling the case, establishing who is present, questioning the defendant on personal matters, reading the charge, cautioning on the right to remain silent, then a statement or silence. The taking of evidence follows (Section 244 StPO), then closing submissions and the defendant’s last word (Section 258 StPO), and finally judgment.

Under Section 261 StPO the court decides according to its free conviction drawn from the hearing as a whole. A witness statement from the investigation counts only if it is introduced at the hearing, usually by questioning the witness.

Attendance

As a rule the defendant must be present (Section 230(1) StPO). If they stay away without excuse, the court may have them brought in or issue an arrest warrant. There are exceptions: if only a fine of up to 180 daily rates, a driving ban or confiscation is at stake, the hearing may proceed without them, provided they were properly summoned and warned (Section 232 StPO). On application they can be released from the duty to attend under Section 233 StPO. After a penalty order, counsel with a power of attorney may represent them (Section 411(2) StPO).

How we prepare

Before every hearing we go through the file line by line with the client and settle whether, and what, they will say. Applications for evidence under Section 244 StPO, for example to hear a defence witness, are prepared in writing. Where appropriate we speak to the court beforehand about a dismissal or a negotiated agreement. Many clients underestimate how short a hearing before a single judge is: at the Bonn local court on Wilhelmstrasse, 30 to 60 minutes per hearing is normal. Everything has to be in place within that time.

Hearings are public (Section 169 GVG), except for juveniles (Section 48 JGG) or where the court excludes the public to protect privacy.

General explanation, not advice on an individual case. As of November 2026.