The indictment
Proceedings before the district court commence when the court receives the prosecution’s indictment and any list of evidence. The indictment sets out the alleged offence and the legal provisions relied upon. The list of evidence identifies the evidence the prosecution intends to present, such as witnesses, video recordings, or documents. The court then schedules the main hearing.
The main hearing
During the main hearing, the defendant is entitled to legal representation. The court appoints and covers the costs of the defense attorney, and the defendant can choose their own. If the chosen attorney is from outside the court's area, the defendant usually pays for their travel and stay.
The hearing starts with the judges, one professional and two lay judges, entering the courtroom. Upon their entry, everyone in the courtroom rises. The professional judge introduces those present and asks whether any objections are raised concerning the judges’ impartiality. The prosecutor then reads the indictment, and the judge asks the defendant whether they plead guilty.
The prosecutor's opening statement
The prosecutor presents the case and outlines the evidence. The defence counsel may then make brief remarks.
The defendant's testimony
The defendant may give evidence but is not obliged to do so. The defendant is encouraged to tell the truth but cannot be punished for giving false testimony.
The professional judge asks the first question, followed by the prosecutor, defence counsel, counsel for the aggrieved party, any experts, and the lay judges.
Victims and witnesses testify
If the victim is represented by counsel, the victim gives testimony before the defendant.
Witnesses testify after the defendant. They must give an assurance that their testimony is truthful. Persons with a close personal relationship to the defendant may request to be excused from giving testimony.
The party who called the witness asks questions first. Counsel for the aggrieved party, the judges, and any experts may also ask questions. The defendant may ask questions through their defence counsel.
Review of evidence
All relevant evidence must be presented and examined. This includes photographs, documents, and physical objects. Typical evidence may include crime scene photographs, DNA analyses, telephone records, police reports, and medical reports.
The defendant is given the opportunity to comment on each item of evidence.
Expert Testimony
If necessary, the court may call expert witnesses, such as psychiatrists or forensic scientists. Experts give testimony after all other witnesses have been heard and the evidence has been presented. They are usually present throughout the hearing.
Conclusion
The hearing concludes with closing submissions by the prosecutor, defence counsel, and counsel for the aggrieved party. They address the evidence, the applicable legal rules, and the outcome they seek.
The prosecutor proposes a sentence or acquittal. The defence counsel argues for acquittal or mitigation. Counsel for the aggrieved party addresses claims for compensation.
The defendant is given the opportunity to make a final statement before the court adjourns.
Deliberation
The presiding judge declares the hearing closed. The judges then deliberate in private and decide the case. Their decision is based solely on the evidence and submissions presented during the hearing.
The professional judge drafts the judgment, which is signed by all judges. Where the three judges disagree on the outcome, this will be reflected in the judgment. The outcome shall be that reached by the majority.
The judgment is read aloud to the defendant in court or otherwise communicated.