Definition and concept of the accelerated procedure
The accelerated procedure is a special form of criminal proceedings designed to deal with certain cases in a shortened, rapid process without the full scope of a main hearing. The aim of the accelerated procedure is to enable the immediate judicial punishment of simple, clear cases shortly after the offense is committed, thereby providing both the accused and the judiciary with swift resolution. The accelerated procedure is governed by law, specifically in Sections 417 et seq. of the Code of Criminal Procedure (StPO), and is mainly used in criminal proceedings involving minor or moderate offenses.
Scope of application of the accelerated procedure
Requirements for the accelerated procedure
An accelerated procedure is generally permissible when the facts and legal situation are straightforward and no extensive taking of evidence is expected. Furthermore, it is particularly applied when the suspect is apprehended in the act or investigations provide urgent suspicion.
The formal requirements include:
- Simply structured facts without extensive taking of evidence
- The accused has been apprehended or their whereabouts are known
- A prompt conviction is possible and appropriate
- The expected legal consequence is relatively minor (usually a fine or imprisonment of up to one year)
Offenses in the accelerated procedure
Examples of offenses that can be adjudicated in the accelerated procedure include:
- Theft of low-value items
- Property damage
- Assault on a minor scale
- Fare evasion (fraudulent obtaining of services)
- Fraud offenses with minor damages
Legal basis and procedure of the accelerated procedure
Code of Criminal Procedure: Sections 417 et seq. StPO
The central legal provision for the accelerated procedure is found in Sections 417 to 420 StPO. These set out the requirements, process, procedures, and legal remedies for the accelerated procedure.
Section 417 StPO: Prerequisites for ordering
According to Section 417 StPO, the public prosecutor may apply to the competent local court for the conduct of an accelerated procedure if the statutory requirements are met. The decision lies with the judge.
Section 418 StPO: Course of the procedure
The procedure is significantly accelerated compared to regular criminal proceedings:
- The local court has exclusive jurisdiction.
- Usually, the accused is brought directly before the court.
- The main hearing takes place without a preliminary investigation.
- The court may reject motions to present evidence if they are not necessary for establishing the truth or would delay the proceedings.
Section 419 StPO: Appeals
An ordinary appeal is permitted against a judgment in the accelerated procedure. In this regard, a shortened appeal period of one week applies.
Section 420 StPO: Applicability of other provisions
The provisions of the general criminal procedure apply in principle also to the accelerated procedure, unless Sections 417 et seq. StPO or the nature of the accelerated procedure provide otherwise.
Special features of the accelerated procedure
- No intermediate procedure: After the indictment is filed, the otherwise customary intermediate procedure is omitted, and the main hearing takes place immediately.
- Waiver of comprehensive investigations: Statements and evidence may be restricted to enable a quick decision.
- Urgency: The execution of the accelerated procedure is designed for the most immediate decision possible after the offense.
Rights of the accused in the accelerated procedure
Despite the abbreviated process, the rights of the accused in the accelerated procedure must be given special attention. The accused are entitled in particular to the following rights:
- Right to be heard and to defense
- Right to counsel, especially in the event of deprivation of liberty
- Presence at the main hearing
- Right to file applications to admit evidence (with restrictions)
- Possibility to appeal the judgment
The accused must be explicitly informed at the beginning of the main hearing of the possibility and consequences of the accelerated procedure (Section 418 (4) StPO).
Distinction between accelerated penal order proceedings and summary proceedings
Accelerated procedure versus penal order proceedings
The penal order proceedings constitute another simplified process, but differ significantly from the accelerated procedure. Whereas penal order proceedings may take place without an oral main hearing, a hearing is always required in the accelerated procedure.
Accelerated procedure versus summary proceedings
The summary proceedings (Sections 417 et seq. StPO) are often used synonymously with the accelerated procedure in common parlance; in fact, this is the official term for the accelerated procedure under German criminal procedure law.
Significance and objectives of the accelerated procedure in judicial practice
The accelerated procedure serves to relieve the criminal justice system and to facilitate the rapid punishment of minor or clear offenses. It is particularly aimed at restoring legal peace in a timely manner, providing a preventive effect, and ensuring efficient proceedings. Typical cases involve mass offenses, petty crime, and those in which the facts are largely undisputed.
Criticism and practical challenges
Despite its advantages, the accelerated procedure also faces criticism. Key points of criticism relate to the risk of curtailing the rights of the accused, particularly due to restricted taking of evidence and reduced timeframes. There is also the risk of a hasty conviction without adequate time for defense preparation. Nevertheless, minimum guarantees of fair process must always be maintained in these proceedings.
International comparability
Accelerated procedures are not only known under German law, but exist in similar forms in other countries, for example as “summary proceedings” in England or “procédures accélérées” in France. However, there are differences, particularly regarding procedural rights and scope of application.
Literature and further sources
- Code of Criminal Procedure (StPO) Sections 417-420
- Beulke, Criminal Procedure Law, current edition
- Meyer-Goßner/Schmitt, Code of Criminal Procedure Commentary
Note: This article provides a comprehensive overview of the accelerated procedure in German criminal procedure law, including scope, process, rights of the accused, and critical aspects.
Frequently asked questions
Which offenses can be tried in the accelerated procedure?
The accelerated procedure is intended in particular for simple cases where the taking of evidence is not expected to be particularly involved. In practice, the main cases involve the so-called “mass offenses,” such as theft, fraud, simple assault, trespassing, property damage, fare evasion, and administrative offenses, provided these are prosecuted under adult criminal law. Serious crimes—especially those where a prison sentence of more than one year is to be expected or which involve particular evidentiary challenges (e.g., extensive expert reports)—are not suitable for the accelerated procedure. Juveniles are generally not tried using the accelerated procedure, as different principles apply in juvenile criminal law.
Who decides whether to conduct an accelerated procedure?
The decision as to whether a criminal proceeding is to be conducted as an accelerated procedure is generally made by the court upon application by the public prosecutor. The prosecutor files such an application if they believe the case is simple and the evidence is clear. The court then examines whether the requirements of the accelerated procedure (Sections 417 et seq. StPO) are met, in particular whether a prompt conclusion to the case appears possible and whether significant legal or factual difficulties are not to be expected. The accused and defense counsel have the right to object to the implementation of the accelerated procedure, and such objections must be considered by the court in its decision.
What rights does the accused have in the accelerated procedure?
Although the accelerated procedure is associated with certain procedural simplifications, the accused generally has the same rights as in ordinary criminal proceedings. These include the right to be heard, defense by a lawyer, access to the case files, the right to file motions for the admission of evidence, and the right to appeal and review the judgment. However, deadlines and procedures may be shortened or expedited in the accelerated procedure; for example, the time allowed for summonses may be shorter, and the judgment may be pronounced immediately following the main hearing.
How does the accelerated procedure proceed?
The accelerated procedure is conducted by the local court in a public main hearing. After the main hearing is opened, the charges are read out, evidence is taken, and the accused and witnesses are heard. As the proceeding is intended to enable a rapid decision, extensive taking of evidence is often dispensed with; instead, the court often relies on police investigation files and simple witness statements. The judgment is usually announced immediately at the end of the hearing and explained orally. The duration of the proceedings is significantly reduced as deadlines for summonses, notifications, and service are also shortened.
Is legal counsel mandatory in the accelerated procedure?
There is no general requirement for mandatory defense in the accelerated procedure. However, Section 418 (2) StPO requires that counsel be appointed if a prison sentence of at least one year is to be expected, or if the court deems it necessary for other reasons (for example due to the complexity of the legal situation or the person of the accused). In practice, defense counsel is often appointed even when lesser sentences are expected, as the process is swift and might offer limited opportunities for defense.
What special rules apply to appeals against judgments from the accelerated procedure?
The convicted person generally has the same legal remedies against judgments in the accelerated procedure as in ordinary proceedings, particularly appeal and review. However, certain time limits may be shorter, and the appellate court may also conduct proceedings in an accelerated manner (§ 419 StPO). The aim remains to obtain a legally binding decision as quickly as possible to enforce the state’s right to punish swiftly and effectively.
Can secondary or private prosecutors also participate in the accelerated procedure?
In the accelerated procedure, the participation of secondary prosecutors is generally permitted, provided their rights are affected by the offense to be tried, such as in cases of assault. Private prosecution proceedings may also be conducted within the framework of the accelerated procedure, provided that the requirements are met and the case is suitable for an expedited process. However, the court may refuse such participation in individual cases if it would be contrary to the purpose of the accelerated procedure or would disproportionately delay the proceedings.
