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The main trial in criminal proceedings: procedure, court composition and rights for the accused

The main trial under sections 238 ff StPO: procedure, composition of the court and your rights as the accused. From the reading of the charge to the verdict and the appeals.

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Mag. Christopher Angerer, Rechtsanwalt

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1 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

For many accused persons the main trial is the moment they fear most: walking into the courtroom, being confronted with the charge, the decision on guilt and sentence. Anyone who knows what to expect enters this appointment calmer and better prepared.

This post explains from a legal perspective how the main trial proceeds under sections 238 ff StPO, which court sits in which composition, what rights you have as the accused and how things continue after the verdict. It deals with criminal proceedings against adults. This is general information, not advice in an individual case.

How do you prepare for the trial?

Four starting situations, one clear next step.

Whether a summons, an unclear composition or the question of testifying: choose the constellation that applies to you and you will receive an initial assessment together with the next concrete step.

Already know you want to send an enquiry? Go straight to the contact form.

01 Question 1

What is your situation?

How a main trial unfolds depends on the court and on the charge. Choose the situation that applies to you and you will receive an initial assessment together with the next concrete step.

All paths at a glance

Overview of all answers.

01

Summons received: inspect the file and prepare for the trial.

A summons to the main trial means that the public prosecutor has brought charges or filed a request for punishment and that the court intends to decide on guilt and sentence. From a legal perspective the most important step now is access to the file under section 51 StPO, because only someone who knows the evidence can set a line of defence and decide whether and how to testify. Preparation includes reviewing the evidence, possible motions to take evidence and clarifying which witnesses have been summoned.

The earlier preparation begins, the more room for manoeuvre remains. A well prepared trial is the best basis for an acquittal, a diversion or a lenient sentence.

In depth: the course of the main trial →
02

Composition unclear: jurisdiction depends on the penalty range.

Which court hears the case depends on the seriousness of the charge. The district court decides through a single judge on offences carrying a fine or a custodial sentence of up to one year. The single judge of the regional court is responsible for offences with a penalty range above one year and up to five years. Where the penalty range exceeds five years the lay assessor court hears the case, the most serious crimes go to the jury court. From a legal perspective this classification determines the procedure, the composition and the later appeal.

Before the lay assessor or jury court in particular there is mandatory defence, so a defence counsel must be involved. The correct classification stands at the beginning of every strategy.

In depth: the composition of the court →
03

Testimony uncertain: you have the right to remain silent and need not incriminate yourself.

As the accused you are not obliged to testify at the main trial or to incriminate yourself. You may remain silent on the matter, and this alone may not be treated as an admission of guilt. Whether testifying makes sense depends on the evidence and should be decided only after access to the file. From a legal perspective this is one of the most important tactical decisions of the entire trial.

Anyone who testifies should be prepared and know the file. Anyone who remains silent gives away nothing that could later be used against them. Both paths have their place, and the decision is part of the strategy.

In depth: your rights during the trial →
04

Trial imminent: organise representation quickly.

If the main trial is only days away and you have no representation yet, speed is essential. From a legal perspective the task now is to obtain access to the file at short notice and to examine whether an adjournment for proper preparation is necessary. A trial without preparation can bring disadvantages that are difficult to correct later.

In lay assessor and jury proceedings a defence counsel is mandatory in any case. Even before the single judge a short briefing is almost always better than an unprepared appearance.

In depth: the course of the main trial →

What the main trial is

The main trial is the public, oral core part of criminal proceedings. It follows the investigation conducted by the public prosecutor and begins once charges have been brought or a request for punishment has been filed. In the main trial the charge is heard directly, the evidence is taken before the court, and at the end the verdict is pronounced.

The principles of immediacy, orality and openness apply. As a rule the court may base its verdict only on what has come up during the trial. For that reason witnesses are examined, experts are heard and documents are read out.

Until the verdict the presumption of innocence applies. The public prosecutor must prove guilt, not the accused their innocence. Where doubts remain, the decision must be made in favour of the accused.

Composition

Which court hears the case? The composition by penalty range

The seriousness of the charge determines the competent court and its composition. This in turn shapes the procedure and the later appeal.

Overview of court compositions in Austrian criminal proceedings according to the penalty range of the charge
Court Penalty range Composition Note from a legal perspective
Section 30 StPO District court Fine or custodial sentence of up to one year Single judge Proceedings on lighter offences, yet still with the consequence of a criminal record. A consultation is worthwhile here too.
Section 31 StPO Regional court, single judge Above one year and up to five years Single judge Mid range crime, a broad field. Motions to take evidence and the testimony strategy are decisive.
Section 31 StPO Lay assessor court Above five years as well as certain catalogue offences Two professional judges and two lay assessors Mandatory defence, a defence counsel must be involved.
Section 31 StPO Jury court Life imprisonment or a lower limit from five years and an upper limit above ten years as well as certain political offences Three professional judges and eight jurors The most serious crimes, the jurors alone decide on the question of guilt.

The course of the main trial

The main trial follows a fixed course set out in sections 238 ff StPO.

Calling the case and the reading of the charge. After the case is called and attendance is established, the public prosecutor reads out the charge or the request for punishment. This sets out what is being tried.

Examination of the accused. The accused is questioned about their person and the matter. On the matter they have the right to remain silent, no one must incriminate themselves.

Taking of evidence. Witnesses and experts are examined, documents are read out and inspections are carried out. Here the defence may put questions and bring its own motions to take evidence.

Closing speeches and the last word. The public prosecutor and the defence deliver their closing speeches, any private party participating is heard. The accused is entitled to the last word before the court withdraws to deliberate.

Verdict. The court pronounces the verdict and gives reasons for it orally. The parties are then instructed about the available appeals.

Your rights during the trial

Right to a defence. You may use a defence counsel at any stage of the proceedings. Before the lay assessor and jury court and in further cases there is mandatory defence, a defence counsel is then required.

Freedom to testify. You need not testify on the matter and need not incriminate yourself. Silence may not be treated on its own as an admission of guilt.

Right to question and to offer evidence. You and your defence may put questions to witnesses and experts and bring motions to take evidence. This is a central means of clarifying the evidence in your favour.

Openness and the last word. The trial is in principle public, in certain cases the public can be excluded. Before the verdict you are entitled to the last word.

After the verdict

With the pronouncement of the verdict the proceedings are not necessarily at an end. Appeals are available against the verdict, and their type depends on the composition of the court. Against verdicts of the single judge and the district court the appeal on the merits is the relevant remedy. Against verdicts of the lay assessor and jury court the plea of nullity and the appeal on the merits come into consideration.

The short time limits are important. As a rule the notice of an appeal must be filed within three days of the pronouncement of the verdict. Anyone who misses this time limit loses the remedy, which is why the decision on it is often prepared while still in the courtroom.

Only once all appeals have been exhausted or the time limits have expired does the verdict become final. After that only an extraordinary remedy such as the reopening of proceedings comes into consideration.

The trial is won or lost beforehand. The most important work lies not in the courtroom but in the preparation: access to the file, motions to take evidence and a clear decision on testifying. How the proceedings run up to the trial is explained in the post What to do after a criminal complaint in Austria.

Frequently asked questions

What you need to know about the main trial in Austria.

Do I have to testify at the main trial? +

No. As the accused you have the right to remain silent on the matter and need not incriminate yourself. Silence may not be treated on its own as an admission of guilt. Whether testifying makes sense should be decided only after access to the file and together with the defence.

Which court is competent for me? +

This depends on the penalty range. The district court hears offences up to one year, the single judge of the regional court offences above one year and up to five years. Where the penalty range exceeds five years the lay assessor court is competent, the most serious crimes go to the jury court.

Do I necessarily need a defence counsel? +

Before the lay assessor and jury court and in further cases named by law there is mandatory defence, a defence counsel is then required. In the remaining cases representation is not prescribed, but from a legal perspective it is almost always advisable, because preparation determines the outcome.

Is the main trial public? +

In principle yes, openness is an essential principle of criminal proceedings. In certain cases, for example to protect interests worthy of protection, the public can be excluded in whole or in part. The pronouncement of the verdict, however, is as a rule public.

How long do I have for an appeal after the verdict? +

As a rule the notice of an appeal must be filed within three days of the pronouncement of the verdict. Only after that follows the written elaboration. Because of this short time limit the decision on an appeal is often made immediately after the pronouncement.

Can the proceedings also end without a verdict? +

Yes. A diversionary disposal also comes into consideration at the main trial, for example through a fine or a victim offender mediation, where the conditions are met. An acquittal is likewise possible where guilt is not proven. Which outcome is achievable is clarified by the preparation.

Related topics

You might also be interested in

Examination as the accused: testify or remain silent

Your rights during questioning and why remaining silent is often the better choice.

Criminal procedure appeals at a glance

Appeal on the merits, plea of nullity and extraordinary remedies at a glance.

Topics
main trialcriminal proceedingslay assessor courtjury courtaccusedtestimony

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