139. When does a case go to trial in Germany? When someone …

Answer options

1. converts to another religion.
2. has committed a criminal offense and is indicted.
3. holds an opinion different from that of the government.
4. has parked his car incorrectly and it is towed away.

Explanation

A court trial within the meaning of the Code of Criminal Procedure generally presupposes the filing of a public indictment by the public prosecutor (principle of accusation; §§ 151, 170(1) StPO) and concerns criminal offenses, not mere regulatory offenses. Wrong parking is ordinarily handled in administrative fine proceedings under the OWiG and the Road Traffic Regulations; coercive measures such as towing rest on police and regulatory law and do not automatically lead to a court trial, but at most to administrative-judicial review. By contrast, freedom of religion (Art. 4 GG) and freedom of expression (Art. 5 GG) are protected defensive rights and cannot by themselves trigger criminal proceedings solely because of their content, subject to constitutional limits and general laws. Also decisive are the guarantees of the right to be heard and nullum crimen, nulla poena sine lege (Art. 103(1) and (2) GG).