Angeklagten

Angeklagte is the term used in German-language criminal procedure for a person who has been formally charged with a criminal offense and is subject to main proceedings before a court. The status arises after an indictment (Anklage) is filed by the public prosecutor’s office, distinguishing the person from the earlier investigative phase during which they are called Beschuldigter or Tatverdächtiger.

In the period between investigation and trial, the Angeklagte is informed of the charges and retains certain procedural rights. The presumption of innocence applies, and the person has the right to legal representation, to be informed of the charges in a understandable manner, to present evidence, to respond to the accusations, and to cross-examine witnesses. The burden of proof remains with the prosecution, which must prove guilt beyond a reasonable doubt. The Angeklagte may enter a plea, present a defense, and request hearings, expert opinions, or witness testimony as part of the defense strategy.

The trial culminates in a court decision. If the evidence does not establish guilt, the Angeklagte must be acquitted. If guilt is established, a sentence is imposed, which may include penalties such as imprisonment, fines, or other measures, depending on the jurisdiction and the offense. Both the prosecution and the Angeklagte typically have the right to appeal the verdict, subject to the applicable rules governing Berufung or Revision.

The term highlights the formal stage of the criminal process and is distinct from earlier designations used during investigations. It emphasizes the transition from investigative actions to adjudication before a judge.