Main proceedings

The term main hearing refers to the final part of a trial and refers to the hearing where the prosecutor and defense counsel question the defendant (defendant), plaintiff and any witnesses. For example, during the main hearing, evidence will be presented that both the defendant and witnesses will have to deal with.

During the main hearing, the plaintiff (or their lawyer) presents the case to the court so that those present have a sufficient overview of the circumstances of the case and the legal issues. Typically, it begins with a presentation of the issues to be decided by the court.

After the main hearing, the defense and prosecution will explain how they think the case should be decided and what punishment, if any, should be imposed.

The process where the prosecution and defense argue the decision and punishment is called the procedure or closing arguments.

Once the procedure is complete, the defendant will be given the opportunity to make a statement.

After the defendant's statements, the judge will pass sentence. If the defendant is found guilty, the judge will then set the sentence.

How does a main hearing proceed?

A main hearing can basically be divided into the following phases:

1. Initiation of the main hearing
2. Presentation (the case is presented)
3. Interviews with the parties to the case and any witnesses
4. Procedure (defense and prosecution argue for punishment and decision)
5. Sentencing

Do you have an obligation to attend the main proceedings?

If you are accused in a case or summoned as a witness, you have a duty to appear according to the Administration of Justice Act.

Should you be prevented from attending a main hearing, you should contact the court or your lawyer as soon as possible.

If you are absent due to illness, the court may require a medical certificate as documentation.