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Committed to truth and justice
Criminal proceedings
“In dubio pro reo.” This means: If, after all of the evidence has been considered, there remain doubts about the defendant’s guilt, the court must decide in favour of the defendant(s). The presumption of innocence applies as well. This means that accused persons are to be considered not guilty until their guilt has been proven with legal effect.
Citizens can take part in the proceedings; there are no confidential agreements. In certain cases, however, it is possible to exclude the public – for example in order to protect witnesses.
There are many rights and obligations in criminal proceedings, which arise from the principle of the right to a fair trial. For example, one right of the defendant is the right to inspect the files or, under certain circumstances, the right to have mandatory defence counsel appointed. But this principle provides affected individuals with rights as well, such as the right to inspect the files or the right to pose questions as a private accessory prosecutor.
Defendants must be able to take a position on the accusations. This is the principle of the right to be heard in accordance with the law. But they may also pose questions to witnesses.
Nobody is to be able to influence judges; they are subject only to the law and are not subject to any instructions. This is the principle of judicial independence. But this means that there is also the possibility of making a motion alleging bias if there are reasons leading to the conclusion that the judge is not conducting the proceedings in a neutral manner.
FAQ: Assistance in criminal proceedings
What is victim-offender mediation?
This is an out-of-court conflict resolution procedure between the offender and the victims, usually moderated by a conflict counsellor. The goals of victim-offender mediation include strengthening the interests of the victims, confronting the offenders through direct encounters with the consequences of their actions, and re-establishing the personal peace of the victims – either with or without substantive restitution for damages.
Who pays for my lawyer if I don’t have any money?
If defendants are convicted, they must pay the costs of the proceedings, which include, for example, the attorney fees of private accessory prosecutors. However, many of these convicted persons do not have the money to do so and in this case, those affected by the offence will have to pay their lawyers themselves. But there are exceptions which allow the granting of legal aid to affected individuals. In some cases, they can make a motion to the court to have a lawyer appointed for them. More information on this topic can be found in our information on costs of the proceedings. Special rules might apply in cases covered by juvenile criminal law.
When am I a witness and when a private accessory prosecutor?
Victims are witnesses first of all. In some cases, they can join the prosecution and thereby become private accessory prosecutors. They are then active participants in the trial and receive additional rights, e.g., the right to make evidentiary motions or challenges for bias.
What happens during a trial?
The presiding judge opens the trial and determines whether all necessary persons are present. He or she then questions the defendant about his personal data and then calls upon the representative of the public prosecutor’s office to read out the indictment. The defendant is then questioned about the incident and evidence is taken. If necessary, witnesses and experts are questioned as well. The public prosecutor’s office then holds its closing argument and makes a motion for a penalty to be imposed. The defendant has the last word. The court then engages in confidential consultations. The trial ends with the court announcing its judgment.
Who is allowed to ask questions in court?
In principle, all participants to the proceedings: Judges, public prosecutors, defence attorneys, representatives of any private accessory prosecutors, as well as the defendant. People from the audience are not allowed to ask questions.
What is the difference between court-appointed defence counsel and self-selected counsel?
All defendants can, in principle, choose their own lawyer. If they do not do so, the court will appoint a defence attorney in cases of mandatory defence, for example when a felony is charged or when the expected penalty is high. Appointed and self-selected defence counsel have equal rights and responsibilities.
Who pays for the criminal proceedings?
As a general rule, convicted persons must pay the costs of the court proceedings – meaning court costs, all attorney fees as well as the costs for other participants such as experts. In the case of an acquittal, or if the convicted person is not in a position to pay the costs, the Treasury initially takes over the costs of the proceedings. If participants are represented by an attorney, they must in some circumstances take on the costs for this themselves. However, there are exceptions to this. What they are, and more information on the costs of criminal proceedings, can be found in the Information on the costs of proceedings.
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