Criminal proceedings often begin unexpectedly for those affected: a summons to the police, a house search, or a notification from the public prosecutor’s office. Suddenly, individuals find themselves confronted with criminal allegations, often without knowing how this came about or what will happen next.
For many individuals, such a situation is extremely stressful; uncertainty and concerns about possible consequences arise. It is precisely at this point that it is important to contact an experienced criminal law firm such as MPW Rechtsanwälte without delay, in order to receive professional, thoughtful, and legally sound support.
The following article explains, in a clear and comprehensible manner,
- when criminal proceedings are initiated,
- how the investigation phase is conducted,
- which rights the accused are entitled to,
- and how to conduct yourself properly during criminal proceedings.
This provides you with legally secure guidance before making a far-reaching decision.
When does a criminal proceeding begin?
A criminal proceeding begins as soon as there is what is called initial suspicion. This means that there are concrete indications that a criminal offense may have been committed.
Such indications can arise from:
- Reports filed by private individuals
- Observations made by the police
- official inspections or regulatory checks
- anonymous tips
- or investigations in other cases
From this point onward, the public prosecutor’s office and the criminal police initiate investigations to clarify the facts and secure evidence.
As a rule, the person affected usually only becomes aware of the proceedings once they are officially listed as a suspect, for example through a summons for questioning or via a coercive measure such as a house search or seizure.
Why Early Legal Support Is Crucial
As soon as it is clear that an investigation is underway, a criminal defense lawyer should be consulted without delay. The initial phase of the proceedings is often the most critical.
A lawyer can, in particular:
- request access to the case files,
- analyze the evidence,
- develop a defense strategy,
- prevent unconsidered statements,
- and actively influence the course of the proceedings.
Mistakes are often made precisely in this early phase, which are difficult or even impossible to correct later. Professional legal support protects against unnecessary risks and ensures a structured approach when dealing with the investigative authorities.
What rights do accused persons have in criminal proceedings?
Austrian criminal procedure law grants accused persons extensive rights. They are not merely the object of the investigation but active participants in the proceedings.
The most important rights include:
- Right to consult a criminal defense lawyer
- Right to remain silent without facing negative consequences
- Right to access the case files
- Right to submit motions for evidence
- Right to legal remedies (e.g., appeal, objection)
- Right to request the dismissal of the proceedings
These rights form the foundation of an effective defense and should be exercised consciously and strategically, ideally with the support of a lawyer.
Questioning of the Accused – Speak or Remain Silent?
Accused persons may make a statement but are not obliged to do so. Being questioned often represents a significant psychological burden and carries legal risks.
Important to know:
- You are generally required to appear when summoned by the police.
- You are also required to appear when summoned by the public prosecutor’s office or the court.
- Without proper legal instruction, a questioning cannot be used as evidence.
In many cases, it is more advisable to submit a written statement instead of giving an oral one. This allows the response to be considered, precise, and legally reviewed, without the pressure of an immediate interrogation.
Strategy During the Investigation Phase
The investigation phase forms the foundation for the entire subsequent course of the criminal proceedings. A well-considered defense strategy can:
- clarify misunderstandings,
- highlight exculpatory evidence,
- point out contradictions,
- and in many cases, lead to the dismissal of the proceedings.
Especially in complex cases or when multiple individuals are accused, a clear and individually tailored defense is crucial. Each accused person should be represented independently to best protect their own interests.
Possible Outcomes of a Criminal Proceeding
At the end of the investigation phase, the public prosecutor decides on the further course of action. Possible outcomes include:
- Dismissal of the proceedings
- Diversion (case resolution without a conviction)
- Penalty order
- Indictment and trial
The decision taken largely depends on the available evidence, the legal assessment, and the course of the proceedings up to that point.
What to Do if You Are an Accused in a Criminal Proceeding?
- Stay calm. Spontaneous statements often do more harm than good.
- Do not make any statements without a lawyer, especially not “for clarification.”
- Exercise your right to remain silent consciously. It is your most important protective right.
- Contact a lawyer early—the sooner, the better.
- Avoid informal conversations. Even casual remarks can be used as evidence.
Conclusion: Facing a Criminal Proceeding? Secure Legal Support Now
A criminal proceeding is a significant burden for those affected—legally, emotionally, and often professionally. Many key decisions are made already in the initial phase.
Those who know their rights and seek legal support early can actively influence the course of the proceedings and avoid serious mistakes.
MPW Rechtsanwälte support you from the first suspicion to the conclusion of the proceedings with experience, clarity, and determination.
Contact usFAQ – Frequently Asked Questions on Criminal Proceedings
A criminal proceeding begins as soon as there is a so-called initial suspicion. This occurs when there are concrete indications that a criminal act may have been committed. From this point onward, the public prosecutor’s office and the criminal police are entitled to initiate investigations.
The investigation is the first phase of a criminal proceeding. During this phase, the public prosecutor’s office and the criminal police clarify whether a legally relevant offence has occurred and whether there is sufficient evidence for further prosecution. The term criminal proceeding encompasses the entire process, including the investigation, any subsequent court trial, and appeal proceedings.
The participants in a criminal proceeding include, in particular, the public prosecutor’s office, the accused and their defence lawyer, the criminal police, the court, victims of the offence, as well as witnesses and experts.
In many cases, individuals only become aware of the criminal proceeding once they are officially named as the accused, for example, through a summons for questioning or a coercive measure such as a house search or seizure.
There is generally an obligation to appear when formally summoned for questioning. However, this does not mean that you are required to make a statement. The right to remain silent remains unaffected.
Accused persons are not obliged to provide information about their identity, the allegations, or the facts of the case.They have a comprehensive right to remain silent, which may be exercised without adverse legal consequences.
Statements made during the investigation can have far-reaching consequences and are often difficult to retract later. Without knowledge of the case files, it is hardly possible to assess the evidence. A statement should therefore only be made after consulting a lawyer.
The course of the criminal proceeding is often set during the investigation phase. Mistakes at this stage are often difficult to correct later. A criminal defence lawyer can intervene early in the proceedings and help avoid unnecessary risks.
Austrian criminal procedure law does not set a fixed maximum duration for criminal proceedings. However, the constitutional right to have the proceedings conducted within a reasonable time applies. The duration depends in particular on the scope and complexity of the case as well as the progress of the proceedings. If the proceedings are excessively long, there are legal remedies available to challenge this.
Stay calm, avoid making hasty statements, and contact a criminal defence lawyer as early as possible. Deliberately exercising your right to remain silent and having professional legal support are crucial for the further course of the proceedings.
Accused persons generally have a right to access the case files. In practice, this is usually done through the defence lawyer, who reviews the investigation files and assesses their content from a legal perspective.
