Prosecution (trial phase)

The prosecution phase begins with the acceptance of the indictment and lasts until the judgment becomes final. The court now leads the proceedings, the suspect becomes the accused, and the process advances through public hearings as a rule.

In trial preparation the court schedules the hearing and issues the summonses. At the hearing the indictment is read, the accused is questioned, witnesses are heard and the evidence is presented and debated. Under the immediacy principle, the judgment must in principle rest on evidence discussed at the hearing, with the rights of defence and the accused's final word as the phase's safeguards.

The phase ends with acquittal, conviction, a finding that no punishment is warranted, or dismissal. Regional appeal and cassation lie against the judgment. Since hearings may be months apart in practice, bringing witnesses and evidence to each session completely has a direct effect on the length of the trial.