This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: What people commonly refer to as a "trial" is usually the main hearing in the district court. However, you are rarely "in the middle of a trial" from the start. Before that, there is a sequence: report and preliminary investigation, prosecution or dismissal in criminal cases – or summons application, response, and preparation in civil cases. Many cases conclude with a settlement or without public prosecution being initiated. In such instances, a civil law path, such as damages, may still be available.
This hub is part of the legal process entry and helps you position yourself in the flow, understand the next step, and choose the right tool – court, review, supervision, or documentation.
Are you the one suspected? Start with the guide on rights as a suspect, police interrogation, and detention.
Want to see the process as a satirical game? Try the Trial Simulator – fiction, not legal advice.
Where are you right now?
Start here. Match your situation – then proceed to the appropriate section.
- Police report exists, but no prosecution yet: you are in the preliminary investigation. Go to criminal case flow, steps 1–2.
- The preliminary investigation has been closed or prosecution is not initiated: go to when prosecution is not initiated.
- Summons in a criminal case or call to the main hearing: you are post-prosecution. Go to criminal case flow steps 4–7 and the video.
- You want to claim money, damages, or win a contract dispute: civil law/civil case. Go to civil law vs criminal law and civil case flow.
- Someone talks about "settling" or "reaching an agreement": go to settlement.
- You have received a judgment: go to after the judgment.
- You want to change an authority decision (social services, school, Tax Agency, Migration): it is an administrative case. Go to appeal authority decision.
If multiple points apply simultaneously, it is normal. The same event can result in both a criminal case, civil damages, and supervision – but they have different recipients and deadlines.
Quick Map: Three Processes – Do Not Confuse Them
| Track | What it is about | Who drives it | Common outcome |
|---|---|---|---|
| Criminal Case | If someone has committed a crime and should be punished | Prosecutor (public prosecution), sometimes the plaintiff (private prosecution) | Acquittal/conviction, penalty, possibly damages in the same case |
| Civil Case (Civil Law) | Private conflict: money, contracts, damages, property | The parties themselves | Judgment, settlement, or dismissal |
| Administrative Case | Appeal of authority decision | You who appeal + the authority | The decision is upheld, changed, or annulled |
This hub primarily deals with district court criminal and civil cases. For authority decisions, see appeal authority decision step by step and where should I turn?.
Civil Law vs Criminal Law – The Practical Difference
Criminal Law deals with crime and punishment: fines, imprisonment, conditional sentences, and similar. The state, through the police and prosecutor, usually investigates and initiates prosecution.
Civil Law concerns the relationship between private individuals, companies, or other private entities: contracts, damages, custody, rent, inheritance, and similar. The process is often called a civil case.
When someone says you can "proceed civilly," it usually means: even if the criminal case is closed, you can still claim damages or other civil law remedies in the district court. It is a different track with different evidence requirements and costs.
- Criminal Case: the evidence requirement is high (beyond a reasonable doubt).
- Civil Case: the evidence requirement is lower, but you normally bear the risk of legal costs if you lose.
- The same event can lead to both criminal and civil law proceedings – but not always simultaneously.
Criminal Case: The Entire Flow Step by Step
Read the flow from top to bottom. Stop at the step where your case is currently.
- Report or discovery. The police receive a report or discover something themselves. Action: save the diary number/event number and write your own timeline the same day. See important when you are subjected to the police.
- Preliminary investigation. Police/prosecutor gather evidence, interview individuals, and decide on coercive measures if necessary. Action: request documents, take notes during interviews, ask for written notifications. See request public authority documents.
- Prosecution decision. The prosecutor initiates prosecution, discontinues the preliminary investigation, announces a decision not to prosecute, or decides not to bring charges. Action: request a written decision and reasoning. If charges are not brought: proceed to the next section.
- Summons in district court. If charges are brought, the summons application is sent to the district court. The accused is informed of the charges. Action: read the charges, note the date for the main hearing, and check if a victim's counsel or public defender is relevant.
- Preparation. Sometimes there is an exchange of documents or a meeting before the main hearing. Action: prepare which questions and evidence must be presented in court. The court generally only considers what is presented there.
- Main hearing. Commonly referred to as a trial. Action: see video and order in the courtroom.
- Judgment. Often announced the same day or shortly thereafter. Action: read the judgment and reasoning. Note the appeal deadline.
- Appeal. The judgment can often be appealed to the Court of Appeal. Action: the deadline is often three weeks. See after the judgment.
What do the papers you receive in criminal cases mean?
- Incident report / report: the police's initial documentation. Not the same as prosecution.
- Decision to discontinue the preliminary investigation: the investigation is stopped. The reasoning is important.
- Summons application in criminal cases: the prosecutor has initiated prosecution and requests the district court to examine the matter.
- Summons to the main hearing: you must be present (or participate in another way if the court has decided so).
- Judgment: the court's decision. Distinguish between the judgment (what has been decided) and the reasoning (why).
When public prosecution is not initiated – what does it mean?
Public prosecution means that the prosecutor pursues the criminal case on behalf of society. When public prosecution is not initiated, it does not automatically mean that "nothing happened" legally. It means that the state is not currently proceeding with a criminal trial.
Common decisions and related concepts:
- The preliminary investigation is discontinued – the investigation is stopped, for example, due to insufficient evidence or the act not being considered a crime.
- Charges are not brought – the prosecutor believes there are not sufficient grounds to bring charges.
- Decision not to prosecute – the prosecutor assesses that the crime may be proven but that charges should not be brought, for example, due to special circumstances.
What you can practically do:
- Request a written decision and reasoning. You need to know the legal basis for the decision.
- Consider a review by a higher prosecutor when applicable for the decision.
- Private prosecution: for certain crimes, especially certain defamation offenses like slander, the victim can initiate prosecution themselves. It is a separate, more demanding path.
- Civil damages: even if charges are not brought, you can in some cases file a civil lawsuit for compensation. Then proceed to the civil lawsuit flow.
- Supervisory track: in cases of official misconduct, the Parliamentary Ombudsman (JO), Chancellor of Justice (JK), or other oversight may be relevant in parallel – but it does not replace prosecution. See how to file a JO complaint.
Important: "No prosecution" is not the same as "you are wrong". It is a procedural decision regarding the criminal track. Civil law, oversight, and documentation can still be significant.
Further reading: when public prosecution is not initiated – what you can do.
Civil cases: civil law flow step by step
- Preparation before filing a lawsuit. Gather claims, grounds, evidence, and assess costs. Do: write a timeline, collect contracts/receipts/emails/photos, and evaluate if settlement is already preferable.
- Filing a lawsuit. You submit to the district court and pay the application fee. Do: be specific about what you claim, why, and what evidence you rely on. See lawsuit application in civil cases.
- Response. The opposing party admits, contests, or requests dismissal. Do: read what is contested and adjust evidence and claims if necessary.
- Preparation in court. Exchange of written submissions and often oral preparation. The court clarifies the dispute. Do: prepare negotiation space – the court often asks about settlement.
- Settlement or continued process. The parties settle, or the case proceeds. Do: see settlement. Request confirmation if you want an enforceable agreement.
- Main hearing. Presentation of evidence and pleadings in the courtroom. Do: have documents and witnesses ready. The court decides based on what is presented.
- Judgment and possible appeal. The district court delivers a judgment. An appeal may be possible. Do: see after the judgment and calculate litigation costs before proceeding.
In dispositive civil cases (most economic disputes), the parties largely control the process. Therefore, settlement is common. In some non-dispositive cases, such as certain family cases, the court has a greater responsibility for the investigation.
What does settlement mean?
Settlement means that the parties resolve the dispute themselves instead of receiving a full judgment after the main hearing. You agree on terms – often money, actions, confidentiality, or both parties withdrawing from parts of the claims.
- Outside court: you write a settlement agreement.
- During ongoing proceedings: you can settle during preparation or the main hearing.
- Confirmed settlement: the court can confirm the agreement so that it has the same effect as a judgment and becomes easier to enforce.
Settlement is often faster and cheaper than a full process, but you give up the opportunity for a "pure" legal examination of the entire matter. Read the terms carefully: what is included, what are you waiving, who pays costs, and whether the agreement is final.
Mediation is related but not the same. Mediation is a structured negotiation with the help of a mediator. Settlement is the actual agreement.
Further reading: what does settlement mean in court?
Main Hearing: How the Trial Proceeds (with Video)
A main hearing is the public hearing where evidence is presented orally. The court can essentially only judge based on what is presented there. Therefore, important individuals are heard again, even if they have already been heard during the preliminary investigation.
The Order in a Typical Criminal Trial
- The case is called. The parties enter the courtroom.
- The presiding judge opens and checks who is present.
- The accused responds to the charges (admits/denies).
- The prosecutor presents the case: what is alleged to have happened.
- Interrogation of the plaintiff, accused, and witnesses.
- Review of personal circumstances when necessary.
- The prosecutor and defense conclude their arguments (pleading).
- The court deliberates and delivers a judgment.
Difference to keep in mind: trial is the broad term for the process, while main hearing is specifically the decisive hearing in the courtroom.
After the Judgment: What Happens Now?
- Read the entire judgment. The verdict, claims, damages, and cost issues may be located in different sections.
- Monitor the appeal deadline. It is often three weeks from the day you received the judgment.
- Appeal to the Court of Appeal often requires leave to appeal in certain types of cases. Check what applies to your specific case.
- Enforcement: a final judgment or confirmed settlement may need to be enforced via the Swedish Enforcement Authority if the opposing party does not pay or comply with the decision.
- Parallel tracks: even after a judgment, supervision, the Parliamentary Ombudsman (JO), or documentation issues may be relevant in administrative matters – but they do not normally change the judgment itself.
Important Roles in Court
- Complainant: the person who has been subjected to the crime or suffers damage from it. May claim damages in the criminal case.
- Defendant: the person charged with a crime.
- Prosecutor: conducts public prosecution and has a duty of objectivity.
- Public Defender: assistance for the defendant in certain criminal cases.
- Complainant's Counsel: legal support for the complainant in certain cases.
- The Court: legally qualified judge and often lay judges in the district court.
- Witness: heard under oath.
- Plaintiff / Defendant: in civil cases, the one who sues and the one who is sued, respectively.
Costs, Time, and Practical Risks
- Criminal Cases: the complainant often has lower cost exposure than in civil cases, but private prosecution and personal legal representation can be expensive.
- Civil Cases: the losing party often has to pay the opposing party's legal costs. This affects whether settlement is wise.
- Statement of Claim has a filing fee. The amount depends on the subject matter of the dispute.
- Time: from indictment to main hearing can take weeks or months. From filing to judgment in civil cases can take significantly longer.
Before you sue: write a short timeline, gather contracts/receipts/emails, and honestly assess the evidence situation. A weak civil process can be more costly than standing still.
Checklist Before Proceeding
- Which track is it: criminal case, civil case, or administrative case?
- What step in the process are you currently at?
- Is there a written decision from the prosecutor, police, or authority?
- Do you want criminal review, compensation, supervision – or multiple tracks?
- Have you requested the file, incident report, decision, and diary number?
- Is there a deadline for appeal, review, or response?
- Is settlement better than the risk of legal costs?
- Do you need a complainant's counsel, public defender, or other legal support?
FAQ
How does a trial proceed briefly?
In criminal cases: opening, presentation of the case, examination, pleadings, judgment. In civil cases: claims, evidence, and pleadings after preparation – often after settlement has first been considered.
How do I know where I am in the process?
Look at the latest document: report, decision to close, summons, notice of main hearing, or judgment. Use the table where are you?.
What does it mean that public prosecution is not initiated?
That the prosecutor does not pursue the criminal case further. It does not always close the door for private prosecution, civil damages, or supervision.
What is the difference between settlement and judgment?
A judgment is the court's decision. A settlement is the parties' agreement. A confirmed settlement can be enforced similarly to a judgment.
What does civil law mean in practice?
That you are pursuing a private legal matter – often damages or contracts – in a civil case, without requiring someone to be convicted of a crime.
Can I receive damages even if prosecution is not initiated?
Sometimes yes, through a civil lawsuit. Assess evidence, cost, and deadline before proceeding.
Is the main hearing the same as a trial?
Almost in everyday language. Legally, the main hearing is the decisive hearing; the trial encompasses more of the process.
Do I need a lawyer?
Not always. But in cases of prosecution, substantial damages, private prosecution, significant financial risks, or complex evidence, legal assistance is often crucial.
