Try it for yourself
139Distinguishing accusation from guilt

An indictment can lead to a criminal trial; guilt still has to be established.

The catalogue answer refers to an offence and prosecution. The explanation must also respect the presumption of innocence.

About 4 min readReviewed: 20 October 2026
AI-generated empty fictional hearing room with wooden benches and an unoccupied plain judge’s desk.
Code of Criminal ProcedureSection 203
Fictional courtroom, not a record of actual proceedings.
The short answer

In the catalogue, the answer referring to a crime and prosecution is correct.

The intended example is criminal proceedings concerning an alleged offence. An indictment does not prove guilt. The court examines the allegation under the rules of a fair trial.

Try it for yourselfExam question · No. 139
When does a court case occur in Germany? When someone …

Choose one answer. Your result stays on this page only.

The trial examines an allegation.

The original answer says, in shorthand, that someone has committed an offence and is prosecuted. Understanding the rule of law requires a distinction: an accused person is presumed innocent until guilt is lawfully established. Proceedings cannot simply assume their own outcome.

Under Section 203 of the Code of Criminal Procedure, the court opens the main proceedings when the preliminary investigation establishes sufficient suspicion. That suspicion is not the same as a conviction. Evidence and legal requirements still need examination.

Two fictional adults with long straight black hair and a shaved head talk in a quiet café.
AI-generated conversation about fairness; the people shown are not associated with an offence.

The other three answers

The other options do not describe an equivalent prosecution case.

converts to another religion.

Changing religion is not in itself a crime. Freedom of belief also protects personal choices about religious conviction.

holds a different opinion than the government.

Disagreeing with the government is not in itself grounds for criminal prosecution. Freedom of expression and lawful criticism of government are part of democracy; particular statements remain subject to legal limits.

has parked their car incorrectly and it is towed.

Illegal parking and towing do not automatically lead to a criminal trial. A dispute about the measure or its costs can nevertheless reach a court. The option therefore does not mean parking matters can never involve judicial proceedings.

Court proceedings also exist without a crime.

The question asks generally about a court case but offers a criminal-law example as the suitable answer. Courts also decide matters such as civil claims. Selecting the correct option does not mean all trials are criminal trials.

Indictment and opening the main proceedings are procedural steps. The presumption of innocence remains essential when assessing the allegation. Neither public suspicion nor the indictment itself replaces judicial examination.

Section 203 · Code of Criminal Procedure ↗
Your memory cue

Alleged offence + indictment → possible criminal trial; indictment ≠ guilt.

Learn the catalogue answer together with its rule-of-law qualification. The purpose of proceedings is precisely to examine the allegation legally.

Three words for this question

die Anklageindictment / prosecution charge
A formal criminal accusation, not a conviction.
die Unschuldsvermutungpresumption of innocence
The accused is presumed innocent until guilt is lawfully established.
der Tatverdachtsuspicion of an offence
Indications that someone may have committed an offence.
Strafprozessordnung · § 203 ↗
Put understanding into practice

One question understood. Ready for the next?

Practise all 310 questions for your state in our four free modes. No account needed. No advertising.

Optional: Plus for history, statistics and targeted revision. €4.99/month including VAT, renewing monthly.

Sources & context

An independently written study guide, not an official BAMF publication or advice for an individual case. The sources below were reviewed on 20 October 2026 for the claims explained here; the test question comes from the existing question bank.

The two editorial pictures are AI-generated illustrations. They do not document real events or official proceedings.