How does a criminal procedure proceed?
April 29, 2024 | 40,00 EUR | answered by Ludwig Kuhn
Dear Lawyer,
My name is Rolf Zimmermann and I have an important question regarding criminal law. I have heard that a criminal proceeding has been initiated against me and I am now very concerned, as I do not know exactly how such a procedure works. I would like to learn more about it in order to better prepare myself.
The situation is as follows: I have been accused of committing shoplifting, although I am not aware of any wrongdoing. The police have already questioned me and I have received a summons to appear in court. I am very worried as I do not know what to expect and how best to defend myself.
I do not understand how a criminal proceeding works exactly and what steps I should take as a suspect. I am concerned about my future and would like to know if there are ways to refute the accusations against me or at least minimize my punishment.
Can you please explain to me how a criminal proceeding typically unfolds and what rights and obligations I have as a suspect? Are there ways to prove my innocence or obtain a lesser sentence? I would be very grateful for your support and guidance in this difficult situation.
Sincerely,
Rolf Zimmermann
Dear Mr. Zimmermann,
Thank you for your inquiry and the trust you have placed in us. It is understandable that you are worried in this situation and unsure of how best to defend yourself. I am happy to explain to you in detail how a criminal proceeding typically unfolds and what rights and obligations you have as a suspect.
A criminal proceeding usually begins with a report to the police, followed by investigations to gather evidence. If enough incriminating material is present, a criminal proceeding is initiated and you, as the suspect, will receive a summons to appear in court. It is important that you attend this appointment, as otherwise a warrant for your arrest could be issued.
As a suspect, you have the right to remain silent. You do not have to give a statement and can use a lawyer who will accompany and advise you throughout the entire process. Your lawyer can request access to the case file to get a clear picture of the evidence. He can also question witnesses and present evidence to prove your innocence.
It is important that you cooperate as much as possible and meet all deadlines. If you are innocent, you should provide all relevant information to prove your innocence. It may also be helpful if you have an alibi or can present other evidence to support your innocence.
In case of a conviction, you can appeal and go to a higher court to obtain a lighter sentence. Your lawyer will support you in this and exhaust all legal options to defend your rights.
I hope this information helps you and gives you a better idea of how to best behave in a criminal proceeding. Do not hesitate to contact me if you have any further questions or need legal assistance.
Sincerely,
Ludwig Kuhn, Attorney
