Received an Indictment in Germany? What to Do Next

An indictment (Anklageschrift) is the formal document in which the public prosecutor’s office (Staatsanwaltschaft) charges you with a criminal offense and asks the competent court to hear the case. Unlike in the United States, there is no grand jury. The decision to indict lies with the public prosecutor alone, and a judge then reviews that decision before any trial can take place.

The public prosecutor’s office may only file an indictment if the preceding investigation proceedings (Ermittlungsverfahren) have established sufficient suspicion (hinreichender Tatverdacht) under Section 170(1) of the German Code of Criminal Procedure (Strafprozessordnung, StPO). Sufficient suspicion exists where, based on the evidence gathered, a conviction appears more likely than an acquittal. Along with the indictment, the prosecutor sends the court the complete investigation file, including all the evidence collected.

Filing the indictment opens the interim proceedings (Zwischenverfahren). At this stage, the court examines, independently of the prosecutor’s assessment, whether there is sufficient suspicion to open the main proceedings (Hauptverfahren) and send the case to trial (Section 199 and Section 203 StPO).

German criminal procedure uses a different term for the person facing charges at each stage. During the investigation, you are the accused (Beschuldigter). Once the indictment is filed, you are formally charged (Angeschuldigter, Section 157 StPO). Only when the court opens the main proceedings do you become the defendant (Angeklagter).

The court sends you a copy of the indictment, usually with a deadline for your response. This is the stage at which the outcome of the case can still be influenced most directly, and the point at which, at the very latest, you should instruct a criminal defense lawyer.

Section 200 StPO sets out what an indictment must include. This includes:

• Your personal details and, where applicable, those of your defense lawyer
• The offense you are charged with, including when and where it is alleged to have been committed
• The legal elements of the offense and the criminal provisions that apply
• The evidence the prosecutor intends to rely on
• The court before which the trial is to take place
• In most cases, a summary of the main findings of the investigation

These requirements are more than formalities. An indictment that omits essential details, or describes the alleged offense too vaguely, may be legally defective. Our criminal defense lawyers check every indictment for formal and substantive errors. In the best case, such errors can lead the court to refuse to open the main proceedings or to the case being discontinued.

An indictment asks the court to put you on trial, while a penalty order (Strafbefehl) imposes a penalty without one and becomes final unless you object within two weeks. The two are easy to confuse, particularly if you do not read German: a penalty order arrives by post in the same way and contains much of the same information, including the offense you are accused of, when and where it allegedly took place, the provisions of criminal law that apply, and the evidence. The quickest way to tell them apart is the heading at the top of the document: Anklageschrift or Strafbefehl.

A penalty order is issued by the court at the request of the public prosecutor’s office in cases involving less serious offenses (Section 407 StPO). Unlike an indictment, it already sets out the penalty, most often a fine. It can also impose a temporary driving ban or the revocation of your driver’s license and, if you have a defense lawyer, even a suspended prison sentence. The court does not need to hear from you before issuing it.

The most important difference is the deadline. You have two weeks from the date the penalty order is served on you to file an objection (Einspruch) with the court that issued it. You can do so in writing or in person at the court clerk’s office (Section 410(1) StPO). The deadline runs from the date of service, not from when you open the letter, so it can expire while you are traveling or still trying to get the document translated. If you do not object in time, the penalty order has the same effect as a final judgment (Section 410(3) StPO): it counts as a criminal conviction, with the same consequences for residence status and naturalization as any other.

An objection can be limited to specific points, for example the amount of the fine, rather than the entire penalty order (Section 410(2) StPO). Like an indictment, a penalty order is one of the documents you are generally entitled to have translated if you do not speak German (Section 187(2) GVG, the German Courts Constitution Act).

Whichever document you have received, contact a criminal defense lawyer immediately. With a penalty order, there is very little time to decide whether to object, and that decision should be made with knowledge of the evidence in the file.

Check the deadline on the cover letter, do not respond to anyone yourself, and instruct a criminal defense lawyer straight away. The court sets the deadline, which is usually short. By that deadline, you can raise objections to the case going to trial or ask the court to take further evidence before it decides (Section 201 StPO).

The first steps, in order:

1. Note the deadline stated in the court’s cover letter.
2. Do not contact the court, the public prosecutor’s office, or any witnesses yourself. A hasty statement at this stage can weaken your position and is difficult to correct later.
3. Instruct a criminal defense lawyer, who can apply for an extension of the deadline where needed.
4. Your lawyer requests access to the full investigation file, which shows the evidence behind the charges.
5. You decide with your lawyer whether and how to respond before the deadline expires.

Ideally, you should contact a criminal defense lawyer as soon as you learn that you are under investigation. Early defense work often prevents an indictment altogether and brings the case to an end while it is still at the investigation stage.

If you do not speak German, you are entitled to an interpreter or translator free of charge throughout the criminal proceedings (Section 187(1) GVG). The court must inform you of this right in a language you understand.

The indictment is one of the documents that is generally translated in writing (Section 187(2) GVG). However, a partial translation is sufficient if it protects your procedural rights. Where you have a defense lawyer, an oral translation or summary of the document is usually considered sufficient instead. If you have received the indictment only in German and do not fully understand it, do not wait for a translation before acting. Your lawyer can explain the charges, request a translation where needed, and ask the court for more time if the language barrier has cost you part of the deadline.

A request to name a defense lawyer usually means your case is one in which German law requires you to be represented. This is known as mandatory defense (notwendige Verteidigung, Section 140 StPO). It applies, for example, where the trial is expected to take place before the regional court (Landgericht) or the lay judges’ court (Schöffengericht), where the charge is a felony (Verbrechen), or where the seriousness or complexity of the case makes a defense lawyer necessary.

If you do not yet have a lawyer in such a case, the court appoints one once it asks you to respond to the indictment (Section 141(2) StPO). Before doing so, it must give you the opportunity to name a lawyer of your choice within a set deadline, and it will generally appoint the lawyer you name (Section 142(5) StPO). If you do not name anyone, the court selects a lawyer from the national register of lawyers.

This is why an indictment often arrives with a letter asking you to name a defense lawyer. If you instruct a defense lawyer of your own choice before then, the court does not need to appoint one, and if you instruct our criminal defense lawyers, we represent you from that point onward. A court-appointed lawyer is not the same as a free public defender: if you are convicted, you are ordered to pay the costs of the proceedings, which generally include the court-appointed lawyer’s fees (Section 465 StPO).

An indictment does not lapse because you live abroad or have left Germany since the investigation began. As a rule, a German criminal trial cannot take place without the defendant present (Section 230(1) StPO). If you fail to appear without a sufficient excuse, the court can order that you be brought before it or issue an arrest warrant (Section 230(2) StPO). Ignoring the indictment therefore does not end the case. It remains open and can resurface, for example if you are arrested the next time you travel to Germany. In some cases, a German arrest warrant can also lead to extradition proceedings in the country where you live.

Our criminal defense lawyers work remote-first, so living outside Germany does not limit what we can do for you at this stage. You can instruct us, share documents, and discuss your defense with us from wherever you are, while we review the file, respond to the indictment, and negotiate with the public prosecutor’s office on your behalf. Many cases can be resolved at this point, before any trial is scheduled. Even if the main proceedings have already opened before the local court (Amtsgericht), the prosecutor can in some cases apply for a penalty order instead where your absence prevents a trial (Section 408a StPO). This allows the case to be concluded in writing.

Yes. A conviction can lead to an interest in expulsion, stand in the way of a residence permit, and delay or prevent naturalization. For anyone who is not a German national, the outcome of criminal proceedings therefore matters well beyond the sentence itself.

Under German residence law, a conviction for an intentional criminal offense can create an interest in expulsion (Ausweisungsinteresse, Section 54 AufenthG, the German Residence Act). The immigration authorities (Ausländerbehörde) weigh this against your interest in remaining in Germany, and the more serious the sentence, the greater its weight. A conviction can also stand in the way of renewing a residence permit or obtaining a permanent residence permit, because a residence permit is, as a rule, only granted where there is no interest in expulsion (Section 5(1) AufenthG).

EU citizens and their family members are protected by a stricter test (Section 6 of the EU Freedom of Movement Act, FreizügG/EU). A conviction alone is never enough to end their right of residence. The authorities must show that the person’s own conduct presents a genuine, present, and sufficiently serious threat to a fundamental interest of society. This protection grows stronger the longer the person has lived in Germany. Even so, a conviction can still put an EU citizen’s right of residence at risk.

Criminal proceedings also affect naturalization. If you apply for German citizenship while you are under investigation or facing charges, the authorities suspend the decision until the proceedings have concluded (Section 12a(3) StAG, the German Nationality Act). Only minor convictions are disregarded when deciding on naturalization (Section 12a(1) StAG).

For this reason, how the case ends matters as much as whether it ends. Proceedings that are discontinued (Einstellung) under Section 153 or Section 153a StPO end without a conviction, which is one reason we focus on resolving cases before trial wherever possible. At Schlun & Elseven Rechtsanwälte, our criminal defense lawyers coordinate the defense strategy with our immigration lawyers whenever residence status or a pending citizenship application is at stake.

Yes. The public prosecutor’s office can withdraw the indictment until the court opens the main proceedings, the court can discontinue the case, and the court can refuse to send it to trial at all. The indictment does, however, end the options the prosecutor had during the investigation: it can no longer drop the case on its own or apply for a penalty order instead of a trial. During the interim proceedings, a defense lawyer can raise legal objections that open up each of these routes, and our criminal defense lawyers assess which of them is realistic in your case.

Until the court decides to open the main proceedings, the public prosecutor’s office can withdraw the indictment. Once the main proceedings have opened, this is no longer possible (Section 156 StPO). Withdrawal usually follows new information that changes the prosecutor’s assessment of the case, for example exculpatory evidence that your defense lawyer submits during the interim proceedings.

Because the court’s deadline for your response is usually short, this window can close quickly. Our criminal defense lawyers act as early as possible to give the prosecutor reason to reconsider before the court reaches its decision.

Even after an indictment, the court can discontinue the case without it ever going to trial. While deciding whether to open the main proceedings, the court can also discuss the state of the case with the prosecution and the defense (Section 202a StPO). These discussions often pave the way for an agreed outcome.

The main routes to discontinuation are:

• Discontinuation where any guilt on your part would be minor and there is no public interest in prosecution. This is only available for offenses other than felonies (Vergehen) and requires the consent of both the public prosecutor’s office and you (Section 153(2) StPO).
• Discontinuation subject to conditions or instructions, where these are enough to satisfy the public interest in prosecution and the seriousness of the guilt does not stand in the way. Typical conditions include compensating the injured party, paying a sum of money to a charity or to the state, or performing community service. The same limits apply: offenses other than felonies only, and only with your consent and the prosecutor’s (Section 153a(2) StPO).
• Partial discontinuation, where the sentence for some offenses would carry little weight alongside the sentence you have received or can expect for another offense. The court decides this at the prosecutor’s request, your consent is not required, and it applies however serious the offense (Section 154 StPO). This discontinuation is provisional, so the case for those offenses can be reopened if the other sentence later falls away.

A discontinuation subject to conditions is provisional at first. Once you have met the conditions within the deadline set, the offense can generally no longer be prosecuted. If you do not meet them, any payments you have already made are not refunded, and the case can continue.

A discontinuation is not a conviction and does not appear on your criminal record. For many clients, particularly those whose residence status or naturalization could be affected, this is the most important outcome to secure.

The decision to open the main proceedings rests with the court, and a well-founded defense submission can persuade it not to. The court will refuse to open the main proceedings if, for example, the conduct described in the indictment does not amount to the offense charged, or if there are grounds that justify or excuse it, such as self-defense. Where the evidence does not support the indictment as it stands, the court can also open the main proceedings with changes. It can assess the conduct as a different, less serious offense, or admit only some of the offenses charged (Section 207(2) StPO). If the case does go to trial, the focus shifts to preparing for the trial itself.

Within the deadline set by the court, you can respond to the indictment in writing (Section 201 StPO). Where needed, our criminal defense lawyers first apply for an extension of the deadline. This gives us time to review the full case file and discuss the defense strategy with you before anything is submitted.

The written response is one of the most important strategic tools at this stage. We examine the indictment and the evidence for legal and factual weaknesses, inadmissible evidence, and procedural errors. On that basis, we can ask the court to take further evidence before it decides, apply for the proceedings to be discontinued, or argue that the facts support only a less serious offense. A well-prepared response can shape the course of the entire case before trial begins, and in the best case it leads to the proceedings being discontinued or to a significantly more favorable outcome.

Every indictment is preceded by investigation proceedings. The public prosecutor’s office is required to investigate whenever there are sufficient factual indications of a criminal offense (Section 152(2) and Section 160 StPO). Investigations typically begin with a criminal complaint, the police’s own observations, or a report from another authority.

Once the investigation focuses on a specific person, that person becomes the accused, with the right to be informed of the allegations, the right to remain silent, and the right to a defense lawyer. The authorities question the accused and witnesses, secure evidence, and in some cases carry out more intrusive measures such as searches and seizures or, in the most serious cases, a covert online search of computer systems. The most serious measure is pre-trial detention. A court may only order it under strict conditions, and the accused can challenge it through a detention review. The prosecutor must investigate evidence that points toward innocence as well as guilt (Section 160(2) StPO). In practice, this does not always happen consistently, which is one reason early legal representation matters.

When the investigation is complete, the public prosecutor’s office has several options. It can discontinue the case where the evidence does not establish sufficient suspicion (Section 170(2) StPO) or, for offenses other than felonies, where guilt would be minor or the case can be closed on conditions (Sections 153 and 153a StPO). Where the facts are clear, it can apply for a penalty order (Section 407 et seq. StPO) or for accelerated proceedings (beschleunigtes Verfahren), a fast-track trial for cases that are simple or where the evidence is clear (Section 417 et seq. StPO). Where it finds sufficient suspicion and the case is not suited to either of these routes, it files an indictment (Section 170(1) StPO).

If an investigation is still ongoing and no indictment has been filed, our criminal defense lawyers can often influence which of these outcomes the case reaches, because each stage of criminal procedure in Germany opens its own opportunities for the defense.

Our criminal defense lawyers combine in-depth knowledge of German criminal law with a clear understanding of how prosecutors and courts approach a case. Our team includes Philipp Busse, who worked at the Cologne public prosecutor’s office before joining Schlun & Elseven Rechtsanwälte. He defends clients in general criminal law, drug offenses, and business crime, and advises on extradition and Interpol proceedings.

We work remote-first. Clients anywhere in the world can instruct us, share documents, and discuss their defense with us in English, and anything that can be handled remotely, we handle remotely. Every matter is handled in strict confidence, and we work with a transparent cost structure, so you know what to expect. Where a case goes to court, we represent clients in person throughout Germany.

We act at every stage of criminal proceedings, from a police summons and the investigation through the interim proceedings and the trial, to appeals where needed. Because criminal proceedings can affect a client’s right to remain in Germany or a pending citizenship application, our criminal defense lawyers work closely with our immigration and citizenship lawyers whenever that is at stake. Where an indictment arises from business activity, we also defend companies and managing directors.

If you have received an indictment, the court’s deadline is already running. Send us a copy of the indictment and the court’s cover letter through our contact form, and our criminal defense lawyers will review your situation and explain your options before the deadline expires.