The public prosecutor’s office brings charges if the facts of the case are sufficiently clear, a conviction is likely and no withdrawal from the prosecution or diversion is possible. The charges take the form of either an indictment or a criminal complaint, depending on the court having jurisdiction over the offense charged.
This distinction is important because, as a defendant, you can only raise an objection as a legal remedy within 14 days if the charge is brought in the form of an indictment. The Higher Regional Court then examines whether a statutory ground for objection exists (e.g. no criminal offense, grounds for justification and exclusion of guilt, lack of probability of conviction). Depending on which ground for objection exists, the Higher Regional Court either discontinues the proceedings altogether or rejects the indictment, which reopens the investigation stage. If there is no statutory ground for objection, the indictment becomes legally effective.
After receiving an indictment, it is important to calmly consider whether an objection to the indictment makes sense in the specific case.
