Opening resolution
The opening decision is in Germany a judicial decision in the course of legal proceedings .
Criminal proceedings
Intermediate proceedings
The intermediate proceedings in criminal describes the time between receipt of the indictment until the decision of the competent court if it is the charge that the prosecutor permits submitted, and thus the trial opened. (§ § 199 ff. StPO )
Procedure
The prosecutor has the end of the investigation analyzed the files and decide which offenses committed and crimes wants to put the accused to the load. She formulates this in the indictment and sends it with the complete files and the application to open the main proceedings to the court which, in the opinion of the public prosecutor, is responsible.
The court then sends the indictment to the accused and gives him the opportunity to submit evidence or other statements within a set period that could lead the court to decide not to open the main proceedings. Regardless of whether the accused makes use of this option, the court can also take further evidence ex officio .
Opening resolution
If the court comes to the conclusion that the accused is sufficiently suspicious of having committed the offense against which he is accused unlawfully and culpably, it will decide to open the main proceedings with a written opening order. However, the opening order does not necessarily admit the indictment in its entirety. If the court comes to the conclusion that there is no sufficient suspicion of a single offense out of several offenses, it will reject the opening of the main proceedings. It can also legally assess the offense in a different manner or limit the prosecution to individual parts of an act in accordance with Section 154a of the Code of Criminal Procedure ( Section 207 of the Code of Criminal Procedure).
At the latest with the summons to the main hearing, the accused , who can now be termed the accused, must be served with the opening decision ( § 215 StPO).
Appeal
The full opening decision is not contestable; there is no legal remedy against it ( § 210 StPO). Only in the case of a refusal to open the main proceedings - even in part - does the public prosecutor have the option of an immediate appeal . If it comes to the decision that the public prosecutor's complaint was rightly lodged, the appellate court can also determine that another chamber or another judge has to hear the case. The background to this regulation is the danger that the court, which has already refused to open the main proceedings, could now be biased and possibly no longer make an objective judgment on the guilt of the accused.
If the rejection of the opening of proceedings has become final, the public prosecutor's office can only apply for the opening of the main proceedings again if new evidence or new facts become known ( Section 211 StPO).
Bankruptcy proceedings
The decision to open insolvency proceedings on the assets of an insolvent debtor is made by the local court through an opening resolution ( Section 27 InsO ). Against the decision that's appeal of immediate appeal opened.
