What is a main trial?
A main trial is the central stage of court proceedings in which a case is examined on its merits. In criminal cases, it is the hearing during which the court considers the indictment, hears the parties, examines evidence and determines whether the accused person is guilty of the alleged offence. It is commonly the most important part of the judicial process because the court bases its final judgment on the evidence and arguments presented during the trial.
In the Polish legal system, the concept is most closely associated with the main hearing in criminal proceedings. It follows preparatory proceedings, during which law enforcement authorities and prosecutors collect evidence, and usually begins after the court has reviewed the indictment and decided that the case should proceed. The trial is conducted by an independent court, while the prosecutor, the accused, defence counsel, injured party and, where applicable, representatives of the parties may take part in the hearing.
A main trial is governed by procedural rules intended to protect the right to a fair hearing. These rules concern, among other matters, the right of the accused to defence, the presumption of innocence, the right to present evidence, the ability to challenge evidence and the requirement that the court remain impartial. The precise course of a trial may vary depending on the nature of the case, the available evidence and the procedural decisions made by the court.
What happens during a main trial?
The main trial generally begins with the formal opening of the hearing and verification of the attendance of the parties and other participants. The court may then address preliminary issues, including motions concerning evidence, the participation of defence counsel, the status of an injured party or objections concerning the admissibility or manner of obtaining evidence.
A key element of the trial is the examination of evidence. This may include questioning the accused, hearing witnesses, obtaining expert opinions, reviewing documents, analysing recordings, correspondence or other material evidence. The parties may submit evidentiary motions and comment on evidence presented by the opposing side. The court decides whether a proposed item of evidence is relevant and admissible under procedural law.
In criminal proceedings, the prosecutor seeks to prove the allegations set out in the indictment. The defence may challenge the prosecution’s evidence, present an alternative interpretation of events, point to procedural irregularities or submit evidence supporting the accused person’s position. The injured party may also exercise procedural rights, particularly where they seek compensation, redress or participation in the proceedings as an auxiliary prosecutor.
After the evidentiary stage has been completed, the parties usually deliver closing submissions. The prosecutor presents their final position, followed by other authorised participants. The accused has the right to speak last. The court then deliberates and issues a judgment, which may result in an acquittal, a conviction, conditional discontinuance of proceedings or another decision permitted by law.
When is legal assistance during a main trial advisable?
Legal assistance is particularly important where the outcome of a main trial may affect a person’s liberty, criminal record, professional position, immigration status, finances or family life. An accused person may need defence counsel when facing an indictment, questioning by the court, witness testimony, expert evidence or a request for pre-trial detention or another restrictive measure.
Support may also be needed by injured parties. A lawyer can help assess whether it is appropriate to act as an auxiliary prosecutor, seek compensation within criminal proceedings, submit evidence, challenge a decision or protect the injured party’s procedural rights. In cases involving violence, fraud, threats, theft, forgery or cross-border matters, early legal analysis may be especially relevant.
Businesses and their representatives may require assistance where criminal allegations concern company operations, financial documentation, management decisions, employee conduct or compliance failures. A main trial can also have consequences beyond the criminal case itself, including civil claims, regulatory proceedings, reputational risks or restrictions affecting business activity.
A prompt consultation with a lawyer may help identify procedural deadlines, preserve relevant evidence and avoid statements or decisions that could weaken a party’s position. It can also help determine whether a settlement, voluntary submission to penalty, evidentiary motion, appeal or another procedural step should be considered. The appropriate strategy depends on the facts of the case, the evidence and the applicable law.
Legal support in connection with a main trial may include:
- analysing an indictment, court summons and case files;
- representing an accused person or injured party before the court;
- preparing a defence strategy and procedural motions;
- submitting and challenging evidence, including witness and expert evidence;
- preparing for questioning during the hearing;
- seeking compensation or redress in criminal proceedings;
- assessing the grounds for appeal against a judgment or other court decision;
- advising on the criminal, civil and business consequences of the proceedings.
Need assistance from a lawyer in connection with a main trial? Contact us.