Introduction Act on the Law of the Court

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GVGEG

Date of completion: 27.01.1877

Full quote:

" Introductory Act to the Law of the Court of Justice in the revised version published in the Federal Law Gazette Part III, outline number 300-1, the latest by Article 20 of the Law of 29 June 2015 (BGBl. 1042).

Status:

Last amended by Art. 20 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 2.10.1977 + + +) 
(+ + + For application d.  § 13 for the period from 1 June 1998 to 31 December 1998  Art. 35 
 G 300-1/1 v. 18.6.1997 I 1430 (JuMiG) + + +) 
(+ + + For further application d.  § 30 in the version valid until 31.7.2013   
 cf.  Section 136 (5) No. 1 G 361-6 v. 23.7.2013 I 2586 + + +) 

  

First section
General provisions

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§ 1

(dropped) Unofficial table of contents

§ 2

The provisions of the Law of the Judicial Constitution shall apply to the ordinary jurisdiction and exercise of its exercise. Unofficial table of contents

§ 3

(1) The jurisdiction in civil litigation and criminal matters for which special courts have been approved may be transferred to the ordinary national courts by the national legislation. The transfer may be carried out in accordance with rules of jurisdiction other than those prescribed by the law of the Constitutional Court. (2) (3) Inasmuch as civil proceedings do not comply with the provisions of the Civil Procedure Code Proceedings are permitted, the jurisdiction of the ordinary regional courts may be determined by the national legislation in accordance with standards other than those prescribed by the Law of the Judicial Constitutional Law. Unofficial table of contents

§ 4

(dropped) Unofficial table of contents

Section 4a

(1) The Länder of Berlin and Hamburg determine which bodies carry out the tasks assigned to the regional authorities, the municipalities or the lower administrative districts and their representations in the Law of the Judicial Constitution. The Land of Berlin can determine that the election of the spoons and youth spoons will take place at a joint district court, in which a number of spoon election committees are formed and their jurisdiction shall be based on the boundaries of the administrative districts. determined. (2) (omitted) Unofficial table of contents

§ 5

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§ 6

(1) Rules on the election or appointment of honorary judges in the ordinary jurisdiction, including their preparation, on the condition for this, the jurisdiction and the procedures to be followed, and on the procedures to be followed. General rules on the selection and rearing of these honorary judges at each meeting shall be applied for the first time to the first term of the honorary judges who do not earlier than on the first day of the following entry into force twelfth calendar month begins. (2) Regulations on the term of office Honorary judges in the ordinary jurisdiction shall apply for the first time to the first term beginning after their entry into force. Unofficial table of contents

§ 7

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§ 8

(1) By the legislation of a country in which several Higher Regional Courts are established, the trial and decision of the revisions and legal complaints pertaining to the jurisdiction of the Federal Court of Justice can be carried out in a civil society. (2) This provision, however, shall not apply to civil disputes in which federal law is eligible for the judgment, unless it has been found in the are essentially legal norms that are contained in the state laws. Unofficial table of contents

§ 9

The legislation of a country in which several Oberlandesgericht (Higher Regional Courts) is established can be used in criminal matters or in proceedings under the Law on International Legal Assistance in criminal matters or in proceedings in the jurisdiction of the Higher Regional Court in the Criminal matters in whole or in part shall be attributed exclusively to one of the several Oberlandesgericht (Oberlandesgericht) or in place of such a Higher Regional Court to the Supreme Court of the State. The Higher Regional Court may also be assigned the decisions pertaining to the jurisdiction of a Higher Regional Court in accordance with Section 120 of the Law on Judith Law. Unofficial table of contents

§ 10

(1) The special provisions of the Law on Judicial Constitution contained in Section 116 (1) sentence 2, § § 124, 130 (1) and § 181 (1) shall apply to the supreme state courts of ordinary jurisdiction; Furthermore, the provisions of § § 132, 138 of the Law on Judicial Constitution must be applied with the proviso that the number of members of the Grand Senate is otherwise regulated by Land Law or that the formation of a single Grand Senate , the President and at least eight members shall be responsible for (2) The occupation of the Senate is determined in criminal matters, in basic accounting matters and in matters of voluntary law, and in the case of the United States, the United Kingdom and the United States of America. Jurisdiction in accordance with the rules on the Oberlandesgericht (Oberlandesgericht), in other cases under the rules on the Federal Court of Justice. Unofficial table of contents

§ 11

(dropped)

Second section
Communications from the Office of the European Union

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§ 12

(1) The provisions of this Section shall apply to the transfer of personal data of its own motion by courts of ordinary jurisdiction and public prosecutors to public authorities of the Federal Government or of a country for other purposes than those of the procedure for which the data were collected. Special regulations of the Federal Government or, if the data are transmitted from a legally regulated procedure, a country which deviates from § § 18 to 22, go to these regulations. (2) Paragraph 1 applies accordingly to the Transfer of personal data to bodies of public-law religious companies, provided that it is ensured that sufficient data protection measures are taken by the recipient. (3) A transmission does not take place if you have a Special federal or national legislation on the use of the (5) The Federal Ministry of Justice may, with the consent of the Federal Council, be able to apply general administrative provisions to the provisions of this section. Communications adopted. Appropriations for the adoption of administrative provisions relating to communications in special legislation shall remain unaffected. Unofficial table of contents

§ 13

(1) Courts and public prosecutors may submit personal data for the purpose of carrying out the tasks within the competence of the recipient, if:

1.

a specific piece of legislation provides for, or requires, a specific legal provision;

2.

the person concerned has consented,

3.

it is clear that the transfer is in the interest of the person concerned and there is no reason to believe that he would, in the knowledge of that purpose, refuse to give his consent,

4.

the data are to be disclosed publicly on the basis of a legal provision, or to be entered in a public register held by a court, unrestricted to the general public, or the rejection of the application for a public register Opening of insolvency proceedings due to lack of mass, or

5.

on the basis of a decision

a)

certain legal consequences have occurred, in particular the loss of the legal status arising from a public service or service relationship, the exclusion from military service or civil service, the loss of the right to vote or the eligibility or the omission of the absence of a civil service; of benefits from public funds, and

b)

the knowledge of the data is required from the point of view of the authority to be notified in order to achieve the legal consequences;

This shall also apply if, on the basis of the decision of the adoption of an administrative act, an administrative act is not to be adopted or if the person concerned does not exercise any rights granted to him by means of an administrative act, even provisionally (2) In other cases than in the cases referred to in paragraph 1, courts and public prosecutors may provide personal data for the performance of the tasks of the recipient, including the exercise of human rights. Transmit powers if a transmission is permitted in accordance with § § 14 to 17 and to the extent that: does not appear to be obvious to the agency in question that the interests of the person concerned predominate in the exclusion of the transmission. Transmitted data may also be used for the performance of tasks in accordance with the Security Inspection Act or a corresponding Land Act.

Footnote

(+ + + § 13: For application, see Art. 35 G 300-1/1 v. 18.6.1997 I 1430 (JuMiG); enters into force with the proviso that paragraph 1 (4) is to be applied until 31 December 1998 in the following version:

" 4.

the data are to be disclosed publicly on the basis of a legal provision, or to be entered in a public register held by a court, unrestricted to the general public, or the rejection of the application for a public register Opening of the bankruptcy procedure or of the overall execution procedure due to lack of mass, or " + + +)

Second sect. (§ § 12 to 22): Inc. by Art. 1 No. 2 G v. 18.6.1997 I 1430 mWv 1.6.1998 Unofficial table of contents

§ 14

(1) In criminal matters, the transfer of personal data of the accused person, which relates to the subject-matter of the proceedings, shall be admissible if the knowledge of the data is necessary from the point of view of the transmitting body for

1.

up to 3 (omitted)

4.

-measures or supervision measures, where appropriate

a)

the person concerned is subject to a service, state or professional supervision because of his professional or contractual relationship, is a clerk of a church or has a corresponding office in another public-law religious society, or civil servant of a church or of a religious society; and

b)

close the data to a breach of obligations to be taken into account in the exercise of the profession or the performance of the duties arising out of or in any other manner, doubts as to the suitability, reliability or the ability to provoke,

5.

the decision to terminate or to take other employment measures, to take a decision on dismissal, to revoke, to withdraw, to restrict an official permit, to authorise or to authorise commercial, other economic enterprise or profession, or a professional title, for the purposes of professional, professional or voluntary activity or other economic enterprise, or for the purposes of: the cessation of recruitment, employment, supervision of Children and young people, for the purpose of carrying out the vocational training or for arranging a circulation, if:

a)

the person concerned is not a member of the public service or service of a public-law religious company, a trader or a representative of a trader or a representative of a trader or of a public service or of a public service or of a public service or of a public service, Head of a business or other economic enterprise is the person appointed, another professional or holder of an honorary office, and

b)

close the data to a breach of obligations to be observed in the performance of the service, the business, the other economic enterprise, the profession or the honorary office or are otherwise likely to be in doubt as to the the suitability, reliability or empowerment of such products,

6.

Administrative measures with regard to supply-law consequences or the withdrawal of survivors ' pensions, if the person concerned comes from a public service or employment relationship or from an official or service relationship with a church or the other public service religious company receives or has to claim pensions,

7.

the revocation, the withdrawal, the failure or limitation of the entitlement, the permit or the authorisation or the order of an edition, if the person concerned is

a)

be responsible for the operation of a permit or permit subject to a specific statutory safety requirement, or

b)

Holders of an atomic, weapon, explosive, gefahrstoff-, immissionsschutz-, abfall-, wasser-, infected-, animal-health-, narcotics-or medicinal product-legal authorization, permission or authorisation, an authorisation under the Gentechnikgesetz, the Law on the Control of War Weapons Or The Foreign Economic Law, a permit to work in accordance with the Third Book of the Social Code, a permit to be issued under the Workers ' Admission Act, a permit after animal welfare legislation, a hunting licence, a a fishing licence, a traffic jurer or otherwise a security permit or empowerment, or has submitted a request to that effect,

8.

Supervision measures in the event of

a)

in the case of criminal cases in connection with industrial accidents in which infringements of the rules on contraception are known, or

b)

in order to protect the protection of workers or to protect the health of workers, or

9.

the defense of significant disadvantages for animals and plants, soil, water, air, climate and landscape.

(2) In private lawmaking proceedings, in proceedings for negligently committed offences, in other proceedings in the case of conviction for a measure other than a penalty or measure within the meaning of Section 11 (1) No. 8 of the Criminal Code, or if the In the cases referred to in paragraph 1 (4) to (9), the transmission shall not be terminated unless the specific circumstances of the individual case require the transmission. The transmission is necessary, in particular, if the act is already appropriate, doubts as to the reliability or suitability of the person concerned for the professional, professional or voluntary activity which he has just carried out, or for the purposes of: the exercise of rights arising out of an entitlement, authorisation or permission granted to him. Sentences 1 and 2 shall not apply to offences caused by the death of a person, and in the case of dangerous bodily harm. In the case of the termination of the procedure, account should be taken of how secure the findings to be transmitted are. Unofficial table of contents

§ 15

In civil matters, including matters relating to voluntary jurisdiction, the transfer of personal data shall be permitted if the knowledge of the data is necessary from the point of view of the transmitting body

1.

to rectify or supplement the basic book or a register or register kept by a court, the management of which is governed by a piece of legislation, and where the data are the subject of the procedure, or

2.

for the purpose of guiding the official list referred to in Article 2 (2) of the Basic Regulations, and where border disputes are the subject of a judgment, settlement or extrajudicial settlement notified to the Court of First Instance.

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§ 16

If personal data are transmitted to foreign public bodies or to national or international bodies in accordance with the relevant legislation, the transmission of such data shall also be permitted

1.

to the Federal Ministry of Justice and the Federal Foreign Office,

2.

in criminal matters against members of a foreign consular post, in addition to the State or Senate Chancellery of the country in which the consular post has its seat.

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§ 16a

(1) The Federal Office of Justice, in accordance with paragraph 2, and the other bodies designated by the national governments by means of a legislative decree, shall carry out the tasks of the contact points within the meaning of Article 2 of Council Decision 2001 /470/EC of 28 June 2001. 1 May 2001 on the establishment of a European Judicial Network in civil and commercial matters (OJ L 327, 28.5.2001, p. EC No (2) The Federal Office of Justice shall ensure coordination between the contact points. (3) The national governments are authorized to assign the tasks of the contact point to a regional authority by means of a decree law. They may delegate the power to adopt a legal regulation as referred to in paragraph 1 of a supreme state authority. Unofficial table of contents

§ 17

The transfer of personal data shall also be permissible if the knowledge of the data is from the point of view of the transmitting body

1.

for the prosecution of criminal offences or administrative offences,

2.

for a procedure of international legal assistance,

3.

to prevent serious damage to the common good or to a threat to public safety,

4.

to prevent a serious impairment of the rights of another person, or

5.

on the defence of a serious threat to minors

is required. Unofficial table of contents

§ 18

(1) If further personal data of the person concerned or of a third party are connected with personal data which may be transmitted in accordance with this section, such that a separation is not possible or is possible only with an undue effort, the Transmission of this data also permissible, insofar as the legitimate interests of the person concerned or of a third party seem to outweigh the legitimate interests of the person concerned. The use of the data by the recipient is inadmissible; for data of the person concerned, § 19 (1) sentence 2 shall apply. (2) The transmitting body shall determine the form of transmission at the discretion of the person concerned. To the extent that this is necessary according to the nature of the data to be transmitted and to the organisation of the recipient, it shall take reasonable steps to ensure that the data are directly accessible to the staff functionally responsible for the recipient. Unofficial table of contents

§ 19

(1) The transmitted data may only be used for the purpose for which they have been transmitted. Use for other purposes shall be permitted provided that the data may also have been transmitted for this purpose. (2) The addressee shall examine whether the data transmitted is necessary for the purposes set out in paragraph 1. If the data are not required for this purpose, it shall return the documents to the notified body. If the recipient is not responsible and if he is aware of the authority responsible for the use of the data, he shall forward the submitted documents to it and shall inform the agency of the transfer. Unofficial table of contents

§ 20

(1) In the case of data submitted before the end of a procedure, the subject-matter of that procedure, the addressee shall be informed of the outcome of the proceedings; the same shall apply where a notified decision has been amended or the procedure, except in the cases of Section 153a of the Code of Criminal Procedure, has also been suspended only provisionally or may be accepted in the circumstances that the proceedings shall not continue to operate on a provisional basis either. The recipient shall be informed without delay of any new findings, if this appears necessary in order to avoid imminent disadvantages for the person concerned up to the information provided for in the first sentence. (2) , the addressee shall be informed without delay. The recipient shall rectify the data or record their inaccuracy in the files. (3) The information referred to in paragraph 1 or 2 sentence 1 may be prevented if it is discernable neither for the protection of the legitimate interests of the person concerned nor for the fulfilment of the provisions of the second sentence. of the tasks of the recipient. Unofficial table of contents

Section 21

(1) The data subject shall, upon request, be provided with information on the data transmitted and the recipients thereof. The application shall be made in writing. The information will only be provided in so far as the data subject makes the data available to be found and the effort required for the provision of the information is not disproportionate to the information interest claimed. The notified body determines the procedure, in particular the form of the exchange of information, at its discretion. (2) In the case of communications in criminal matters, the person concerned is not at the same time the accused or, in civil matters, not at the same time party or participant, he shall be informed at the same time as to the transfer of personal data on the content and the addressee. The information of the legal representative of a minor, the authorised representative or the defender is sufficient. The notified body shall determine the form of the information in accordance with the discretion of the person. A requirement for information shall not exist if the address of the person to be taught can only be identified with an undue burden. (3) The information to be provided or the information to be forwarded to the transmission of personal data shall not be subject to any obligation to inform the person of the person responsible for the information. The Federal Intelligence Service, the Federal Intelligence Service, the Military shielding service or, insofar as the security of the Federal Government is affected, other authorities of the Federal Minister of Defence, it shall be admissible only with the agreement of these authorities. (4) The Information and information shall be kept to the extent that:

1.

they would jeopardise the proper performance of the tasks of the agency or of the recipient,

2.

they would endanger public security or order or would otherwise be detrimental to the good of the federal government or a country; or

3.

the data or the fact that it is transmitted in accordance with a law or by its nature, in particular because of the overriding legitimate interests of a third party, must be kept secret;

and, therefore, the interest of the person concerned must resign from the point of view of information or information. The information to be provided to the person concerned shall also not be provided if there are serious disadvantages to his or her health. (5) The refusal to grant the information shall not require any justification, in so far as the communication of the actual and legal provisions of the information Grounds on which the decision would be based would be jeopardised by the purpose of the refusal to provide information. Unofficial table of contents

Section 22

(1) Where the legal basis for the transfer of personal data is not laid down in the rules governing the procedure of the transmitting body, the verification of the legality of the transmission shall be subject to the conditions laid down in Articles 23 to 30 paragraphs 2 and 3. If, on the basis of the data transmitted, the addressee has taken a decision or other measure and disclosed it to the person concerned before a request for judicial decision has been made, the legality of the transmission shall be: (2) If an application is made for a court decision, the addressee shall be informed. The court shall inform the court competent pursuant to section 25 whether the conditions set out in the second sentence of paragraph 1 are fulfilled. (3) If the transfer was illegal, the court shall issue this. The decision shall also be binding on the recipient and shall be notified to him. The use of the data transmitted shall be inadmissible if the illegality of the transmission has been established.

Third Section
Dispute settlement of judicial administrative acts

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Section 23

(1) The legality of the orders, dispositions or other measures taken by the judicial authorities to regulate individual matters in the areas of civil law, including commercial law, the civil process, the voluntary jurisdiction and the administration of criminal justice, the ordinary courts shall decide upon request. The same applies to orders, dispositions or other measures taken by the law enforcement authorities in the enforcement of pre-trial detention, as well as those custodial sentences and measures of improvement and security that are carried out outside the execution of the judicial system. (2) With the application for a court decision, the obligation of the judicial or enforcement authority to issue a rejected or ominous administrative act can also be sought. (3) As far as the ordinary courts are already on the basis of of other provisions, it shall retain the right to do so. Unofficial table of contents

§ 24

(1) The application for a court decision shall be admissible only if the applicant claims to be infringed by the measure or its refusal or omission in his rights. (2) Insofar as measures taken by the judicial or law enforcement authorities of the If a complaint or any other formal appeal is subject to the administrative procedure, the application for a court decision may not be filed until after a preliminary appeal procedure has been filed. Unofficial table of contents

Section 25

(1) A civil senate shall decide on the application or, if the application relates to a matter of criminal justice or enforcement, a criminal Senate of the Higher Regional Court in whose district the judicial or enforcement authority is located. If a complaint procedure (Section 24 (2)) is assumed, the Oberlandesgericht (Higher Regional Court) in whose district the Board of Appeal has its registered office is responsible. (2) A country in which several Oberlandesgericht (Higher Regional Courts) are established may by law die in accordance with paragraph 1 Decisions relating to the jurisdiction of the Civil Senate or the Criminal Senate shall be assigned exclusively to one of the Higher Regional Courts or to the Supreme Court. Unofficial table of contents

Section 26

(1) The application for a court decision must be made within one month of the notification or the written notification of the decision or, in so far as a complaint procedure (Section 24 (2)) has been preceded, after the notification of the appeal hearing in writing or to the minutes of the office of the Higher Regional Court or of a local court. (2) If the applicant was prevented from complying with the time limit without fault, he shall be reinstated at the previous level upon request. , A lack of debt is presumed if in the communication or, where a complaint procedure (§ 24 (2)) has been preceded, in the notice of appeal an instruction on the admissibility of the application for a court decision as well as on (3) The application for re-establishment must be made within two weeks of the removal of the obstacle. The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed legal act is to be collected. (4) After one year since the end of the missed period, the application for re-establishment is inadmissible unless the request is due to the end of the period following the expiry of the period of the year. Violence was impossible. Unofficial table of contents

§ 27

(1) A request for a court decision may also be filed if, on a request to take a measure, or on a complaint or other formal appeal without a sufficient reason, within three months is a decision. The Court of First Instance may be brought before the expiry of that period if this is necessary because of special circumstances of the case. (2) There is a sufficient reason for the fact that the appeal or formal appeal has not yet been decided or that the , the Court of First Instance shall suspend the procedure until the expiry of a period of time which it may extend. If the appeal is granted within the time limit set by the court or the administrative act is adopted within that period, the main cause shall be declared to be completed. (3) The application referred to in paragraph 1 shall be valid only up to the end of a year since the date of expiry of the Lodging of the appeal or since the lodging of the application for the adoption of the measure shall be admissible, except where the application was impossible before the end of the year following force majeure or under the specific circumstances of the individual case is not. Unofficial table of contents

§ 28

(1) In so far as the measure is unlawful and the applicant is thereby infringed in his rights, the court annuls the measure and, in so far as a complaint procedure (section 24 (2)) has been preceded by the notice of appeal, the notice of appeal shall be taken. If the measure has already been taken, the Court of First Instance may, at the request of the Court of First Instance, also declare that and how the judicial or enforcement authority has to reverse the enforcement of the law. Such an objection shall be admissible only if the Authority is in a position to do so and this question has been ripe for. If the measure has been completed by withdrawal or otherwise, the Court of First Instance shall, on request, claim that the measure has been unlawful if the applicant has a legitimate interest in this finding. (2) Insofar as the refusal of the measure has been rejected, the Court of First Instance shall not: or omission of the measure unlawful and the applicant is thereby infringed on his or her rights, the court shall pronounciate the obligation of the judicial or enforcement authority to carry out the requested act of office if the case is right for a right of opposition. Otherwise, the Court of First Instance shall, in accordance with the legal opinion of the Court of First Instance, have the obligation to make the applicant modest. (3) Insofar as the judicial or enforcement authority is empowered to act at its discretion, the court shall also examine whether the Measure or its rejection or omission is unlawful because the legal limits of discretion are exceeded or exercised by the discretion in a manner which does not correspond to the purpose of the empowerment. (4) Has the court the appeal against his decision is allowed (§ 29), the decision is a An instruction on the appeal and on the court in which it is to be submitted, its registered office and the form and time limit to be observed. Unofficial table of contents

§ 29

(1) A decision of the Oberlandesgericht (Oberlandesgericht) shall be subject to the legal complaint if it has allowed the Oberlandesgericht (Oberlandesgericht) in the first legal suit in the decision. (2) The appeal is to be allowed if:

1.

the case is of fundamental importance, or

2.

(i) the continuing training of the law or the safeguarding of a uniform case-law requires a decision of the court of appeal.

The legal appeal court is bound by the admission. (3) The further proceedings are subject to § 17 as well as the § § 71 to 74a of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction in accordance with (4) The provisions of the Code of Civil Procedure shall apply mutatily to the authorization of legal aid. Unofficial table of contents

§ 30

The Oberlandesgericht (Oberlandesgericht) may, at its reasonable discretion, determine that the non-judicial costs of the applicant, which were necessary for the appropriate legal proceedings, should be reimbursed in whole or in part from the state treasury. The provisions of § 91 (1) sentence 2 and § § 103 to 107 of the Code of Civil Procedure shall apply accordingly. The decision of the Higher Regional Court cannot be appealed. Unofficial table of contents

§ 30a

(1) Administrative acts in the area of the administration of justice in the enforcement of the Law on Legal Costs, the Law on Costs in Family Matters, the Court of Justice and Emergency Costs Act, the Court of Justice and the Court of Justice, and the Law of Justice and the Law of Justice. -compensation law or other cost rules applicable to judicial proceedings or proceedings of the administration of justice, in particular with regard to the recovery or repayment, may be granted by a request for judicial review Decision shall also be challenged if it is not expressly determined . The application can only be based on the fact that the administrative act affects the applicant in his/her rights because it is illegal. To the extent that the managing authority is empowered to be located at its discretion, the request may be based only on the fact that the legal limits of the discretion are exceeded, or that at the discretion of one of the purposes of the authorisation (2) The Court of Appeal shall decide on the application, in the district of which the office responsible for the confiscation or satisfaction of the claim has its registered office. In the proceedings, the state treasury is to be heard. § § 7a, 81 (2) to (8) and § 84 of the General Court and Notary Costs Act shall apply accordingly. (3) By legislation of a country in which several Oberlandesgericht (Oberlandesgericht) are established, the decision on the appeal of the further appeal may be made. pursuant to paragraphs 1 and 2 and Section 81 of the General Court and Notary Costs Act, on the application in accordance with Section 127 of the Court of First Instance and Notary Costs Act, on the appeal of the appeal pursuant to Section 66 of the Law on Legal Costs, in accordance with Section 57 of the Law on Costs in Family matters, in accordance with § 81 of the General Court and Notary Costs Act and in accordance with § 4 of the Judicial compensation and compensation law are assigned to one of the several Higher Regional Courts or instead of such a Higher Regional Court to a supreme state court. This also applies to the decision on the appeal of the further complaint pursuant to Section 33 of the Law Remuneration Act, insofar as the Oberlandesgericht (Oberlandesgericht) is competent pursuant to this provision. (4) For the appeal, the following appeal shall be filed before the entry into force of the law. Law on Cost Law of 5 May 2004 (BGBl. 718) will continue to apply on 1 July 2004, if the decision to be contested has been notified to the office before 1 July 2004.

Fourth Section
Contact Lock

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Section 31

Where there is a present danger to a person's life, limb or liberty, certain facts are based on the suspicion that the danger is posed by a terrorist organisation, and is required to prevent this danger from any link between the If prisoners are to be interrupted with each other and with the outside world, including written and oral traffic with the defender, a statement may be made accordingly. The statement may only refer to prisoners who are legally convicted of an offence pursuant to Section 129a, including in connection with Section 129b (1), of the Criminal Code or of any of the offences referred to in this provision, or where an arrest warrant has been issued on suspicion of such a crime; the same shall apply to those prisoners who are convicted of another offence or who are in detention on suspicion of another offence and against which the urgent There is a suspicion that in connection with an act in accordance with § 129a, also in connection with this fact, with Section 129b (1), of the Criminal Code. The determination shall be limited to certain prisoners or groups of prisoners, if this is sufficient to prevent the risk. The determination shall be made at the discretion of the person. Unofficial table of contents

Section 32

The determination in accordance with § 31 shall apply to the Land Government or to the supreme state authority designated by it. If there is a need to disrupt the connection in several countries, the Federal Minister of Justice can make a statement. Unofficial table of contents

§ 33

If a determination is made in accordance with section 31, the competent authorities of the countries shall take the measures necessary to interrupt the connection. Unofficial table of contents

Section 34

(1) Where prisoners are affected by measures pursuant to § 33, they shall apply to them, from the first measure in question, as long as they are covered by a determination, the following special provisions in paragraphs 2 to 4. Detainees will be suspended if they are not interrupted in accordance with other rules. (3) In criminal proceedings and in other legal proceedings, for which the provisions of the Code of Criminal Procedure are declared to be applicable, the following shall apply in addition to: the following:

1.

Prisoners who do not have a defender will be appointed a defender.

2.

Prisoners may not be present in the case of interrogations and other investigative actions even if they have a right to be present in accordance with general provisions; the same shall apply to their defenders, to the extent that one of the determination in accordance with § 31 the presence of prisoners is present. Such measures may only take place if the prisoner or defence counsel requires their implementation and the person who is not allowed to be present after the first sentence does not have his or her presence. Section 147 (3) of the Code of Criminal Procedure shall not apply to the extent that the purpose of the interruption would be jeopardised.

3.

A hearing of the prisoner as a defendant, in which the defender has a right of presence in accordance with general rules, shall only take place if the prisoner and the defender renounce the presence of the defender.

4.

In the case of the proclamation of an arrest warrant, the defender has no right to be present; he is to be informed of the delivery of the warrant. The judge shall inform the defender of the essential result of the hearing of the prisoner in the case of the proclamation, insofar as the purpose of the interruption is not at risk, and the decision.

5.

Oral examinations and other oral proceedings, the implementation of which is prescribed within certain time limits, shall be found where the prisoner is present, without the defence counsel; the second sentence of point 4 shall apply accordingly. An oral hearing in the case of the detention is to be repeated at the request of the prisoner or his defender after the end of the measures according to § 33, even if the conditions of § 118 (3) of the Code of Criminal Procedure are not available.

6.

A main negotiation does not take place and, if it has already begun, will not continue. The main negotiation may be interrupted for a period of thirty days; section 229 (2) of the Code of Criminal Procedure shall remain unaffected.

7.

An accommodation for the observation of the mental state in accordance with § 81 of the Code of Criminal Procedure must not be completed.

8.

The prisoner may write to the court or the public prosecutor's office in writing in a criminal proceedings against him. The defender shall not be granted any insight into these documents for the duration of the determination.

(4) A other legal dispute or other judicial procedure in which the prisoner is party or party shall be interrupted; the court may take incontentive measures. Unofficial table of contents

§ 34a

(1) A lawyer shall be attached to the prisoner at his request as a contact person. The contact person shall be responsible for the legal supervision of the prisoner, in compliance with the objectives of the determination made pursuant to § 31, to the extent that there is a need for this as a result of the measures taken pursuant to § 33; the contact person may, in particular, (2) Insofar as the prisoner agrees, the contact person shall inform the Court and the Court of First Instance of the facts and circumstances which must be taken into account in the light of the facts and circumstances which are necessary in the interest of the prisoner. Prosecutor's office, the one in the conversation with the prisoner and in the further course of their activities; it may submit applications on behalf of the prisoner. The contact person, in agreement with the prisoner, is entitled to participate in interrogations and investigative actions, in which the defender may not be present pursuant to § 34 (3) No. 3, No. 4 sentence 1 and No. 5 sentence 1. The contact person may contact third parties to the extent that this is unavoidable for the performance of their duties as referred to in paragraph 1. (3) On the assignment of a contact person and their selection from the circle of persons within the scope of this Act authorized lawyers shall decide within 48 hours of the date of receipt of the application, the President of the Regional Court in whose district the judicial institution is situated. The defender of the prisoner must not be attached. The President shall not be subject to instructions in respect of the adoration and selection; his representation shall be governed by Section 21 h of the Law of the Court of Justice. Third parties shall not be informed of the person of the associated lawyer, except by himself in the context of his duties pursuant to paragraphs 1 and 2. The attorney-at-law must take over the duties of a contact person. The lawyer may request that the apporation be repealed if there are important reasons for this. (4) The prisoner does not have the right to propose a particular lawyer as a contact person. (5) The prisoner is responsible for oral circulation with the Contact allowed. For the discussion, provision should be made for devices which exclude the handing over of documents and other objects. (6) The prisoner shall be entitled to request the advising of a contact person upon notification of the determination in accordance with § 31 of his/her right to request a contact person. and of the other provisions of paragraphs 1 to 5. Unofficial table of contents

§ 35

The determination in accordance with § 31 shall lose its effect if it has not been confirmed within two weeks of the date of its adoption. For the confirmation of a determination that has been made by a state authority, a criminal Senate of the Higher Regional Court in whose district the provincial government has its registered office shall be responsible for confirming a determination of the Federal Minister of Justice a criminal senate of the Federal Court of Justice; section 25 (2) shall apply accordingly. Unofficial table of contents

§ 36

The determination in accordance with § 31 shall be withdrawn as soon as its conditions are no longer available. It shall cease to be effective at the latest after thirty days have elapsed; the time limit shall begin at the end of the day under which the determination is made. A statement that has been confirmed may be re-hit with its expiry if the conditions are still in place; for the redetermination, § 35 shall apply. If a determination has not been confirmed, a rediscovery can only be made if new facts require it. Section 34 (3) no. 6 sentence 2 shall no longer be applicable in the event of renewed findings. Unofficial table of contents

Section 37

(1) On the legality of individual measures in accordance with § 33, a criminal Senate of the Higher Regional Court, in whose district the provincial government has its registered office, decides upon request. (2) If a prisoner makes an application in accordance with paragraph 1, the application shall be submitted by a (3) In the case of the hearing, facts and circumstances are not communicated as long as the communication would endanger the purpose of the dissent. § 33a of the Code of Criminal Procedure shall apply accordingly. (4) The provisions of § 23 (2), § 24 (1), § 25 (2) and § § 26 to 30 shall apply accordingly. Unofficial table of contents

§ 38

The provisions of § § 31 to 37 shall apply accordingly if a measure of improvement and security is carried out or if a placement command according to § 126a of the Code of Criminal Procedure exists. Unofficial table of contents

Section 38a

(1) § § 31 to 38 shall apply when a criminal proceedings have been initiated or are initiated against a prisoner on suspicion of forming a criminal organisation (Section 129 of the Criminal Code), the purpose of which or whose activity is aimed at:

1.

Murder or homicide (§ § 211, 212) or genocide (§ 6 of the International Criminal Code),

2.

Offences against personal freedom in the cases of § 239a or § 239b or

3.

criminal offences in the cases of § § 306 to 308, § 310b (1), § 311 (1), § 311a (1), § § 312, 316c (1) or § 319

to commit. They shall also apply in the event that the urgent event required pursuant to Section 31, second sentence, second sentence, relates to a criminal offence pursuant to Section 129 of the Criminal Code, which provides for the conditions of the sentence 1 to 3 (2) The same shall apply if the prisoner has been convicted of such a criminal offence.

Fifth Section
Insolvency statistics

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§ 39 (omitted)

Sixth Section
Transitional provisions

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§ 40

§ 119 shall apply in the event of a decision on claims brought by one or against a party which has its general place of jurisdiction at the time of the right of jurisdiction in the first instance outside the scope of the In the case of a decision in which the Local Court applied foreign law and expressly stated this in the grounds of the decision, the law of the Court of Justice had, in the version valid until 31 August 2009, applied to appeal proceedings. and appeal proceedings, if the decision to be contested before 1 September 2009 has been adopted. Unofficial table of contents

Section 41

(1) For procedures which have been pending before 1 January 2012 in the district court, § § 74, 74c and 76 of the Law of the Judith Act shall apply in the version valid until 31 December 2011. (2) If the Public Prosecutor's Office has proceedings, In which decisions are to be taken on the order reserved or the subsequent order of the safekeeping, the files are handed over to the chairman of the competent court before 1 January 2012, is § 74f of the Law of the Court of Justice in the shall apply accordingly by 31 December 2011. Unofficial table of contents

§ 42

§ 30a is an administrative act in the area of cost regulations even after the entry into force of the 2nd Cost Law Modernisation Act of 23 July 2013 (BGBl. 2586).