This kind of trial deviate from normal full hearings with lay judges in a number of important ways. In a confession trial, the criminal case is decided without an indictment and main hearing. This can benefit the defendant. In all judgments, the defendant receives a reduced sentence for confessing. Confession trials are usually resolved faster than other criminal cases.
Requirements for a confession judgment
To get a confession judgment, the defendant must:
- Give a full confession
- Agree to the case being handled as a confession case (agreement is not needed in cases about driving under influence)
A confession judgment is not possible if:
- The charge can result in a prison sentence longer than ten years
- The prosecutor/police demand special measures or preventive detention
During the police interview, the police asks if the defendant wants the case handled as a confession case. If the defendant agrees, the police forwards the case to the district court and proposes a sentence. Usually, the defendant is summoned to a court session shortly after.
The alternative to a confession judgment is a main hearing with lay judges, witnesses, and full presentation of evidence. This is called a criminal case in a lay judge court.
Participants in the court cession
A confession case is handled by one judge. The defendant and a court witness are present. Sometimes, the prosecutor also attends. The district court must appoint a defense attorney if the police propose a sentence of more than six months. In such cases, the public pays for the defense attorney. A defendant who is not appointed a defense attorney can pay for their own lawyer.
What happens in the court session
The defendant must give a full confession in the court session and explain all aspects of the criminal acts in the charge.
The prosecutor proposes a sentence, which the defendant can comment on.
There are usually no witnesses in the court session.
The court can handle compensation claims from the victim in the court session. If the victim wants to explain the compensation claim, the victim or the victim's counsel must notify the court in advance.
The judgment is usually finalised on the same day.