Read the untranslated law here: http://www.gesetze-im-internet.de/gvgeg/BJNR000770877.html
Introduction Act to the Judiciary Act GVGEG Ausfertigung date: 27.01.1877 full quotation: "introduction Act to the Judiciary Act where in the Federal Law Gazette Part III, outline number 300-1, adjusted version published recently by article 20 of the Act of June 29, 2015 (BGBl. I S. 1042) has been changed" State: last amended by article 20 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 2.10.1977 +++) (+++ to the application d. § 13 v. 1.6.1998 until 31 December 1998 for the CF. Article 35 G 300-1/1 v. 18.6.1997 I 1430 (JuMiG) +++) (+++ to the further application d. section 30 as amended up to 31.7.2013 cf. § 136 paragraph 5 No. 1 G 361-6 v. 23.7.2013 I 2586 +++) first section general rules section 1 (dropped out) § 2 the provisions of the Judiciary Act visit the ordinary courts and the exercise application.
§ 3 (1) that jurisdiction in civil disputes and criminal cases, for which special courts are approved, the ordinary courts of the land can be transferred by the provincial legislature. The transmission may be other than the competence standards prescribed by the Court Constitution law.
(2) (dropped out) (3) as far as is a different procedure from the rules of civil procedure for civil litigation, the jurisdiction of the ordinary courts of the land can be determined by the provincial legislature after other than the standards prescribed by the Court Constitution law.
(fallen off) Section 4a (1) the States of Berlin and Hamburg determine § 4, fulfilling the tasks set, that are assigned to the country authorities, the municipalities or lower districts, as well as agencies in the Judiciary Act. The State of Berlin to determine that held the election of Aldermen and aldermen of youth at a District Court of common, this multiple Alderman election committee be formed and their jurisdiction is defined by the boundaries of the administrative districts.
(2) (dropped out) section 5 - section 6 (1) relating to the election or appointment of an honorary judge in the ordinary courts, including its preparation, the prerequisite for this, jurisdiction and that doing to apply to adopt procedures as well as concerning the General rules on selection and approval this honorary judges to sessions are for the first time on the first term of Office of the honorary judges that begins not earlier than the first day of the twelfth calendar month following on their entry into force.
(2) provisions on the duration of the period of Office of an honorary judge in the ordinary courts are for the first time on the first after its entry into force, to apply starting term.
Article 7 - article 8 (1) by the legislation of a country in which several courts of appeal are established, can be assigned to the trial and decision of the revisions belonging to the jurisdiction of the Federal Court and appeals in civil litigation a Supreme Court.
(2) this provision does not apply but on civil litigation, where the decision, federal law comes into consideration, unless that essentially is legal norms contained in the laws of the country.
§ 9 by the legislation of a country in which several courts of appeal are established, can the competence of members of courts of appeal decisions in criminal matters or proceedings under the law on international legal assistance in criminal matters wholly or partly only one of the several courts of appeal or in place of such higher regional court the Supreme regional court to be assigned. You to a higher regional court of jurisdiction can be assigned to the Supreme regional court according to § 120 of the courts act non-decisions.
§ 10 (1) the General as well as the find (1) and article 181, paragraph 1 contained special provisions of the Judiciary Act in article 116, paragraph 1, sentence 2, sections 124, 130 on the top provincial courts of ordinary jurisdiction mutatis mutandis; Furthermore, the provisions of §§ 132, 138 of the courts act with the provision according to use, that by State law the number of members of the great can be otherwise Senate or ordered the formation of a single large Senate of the President and has to consist of at least eight members are and instead the great Senate for civil matters and in criminal matters, as well as the United great Senate.
(2) the composition of the Senate is determined in criminal matters, land matters and in matters of voluntary jurisdiction under the rules of the courts of appeal, the rest according to the regulations of the German Federal Supreme Court.
§ 11 (dropped out) second section Verfahrensübergreifende releases officio § 12 (1) the provisions of this section apply to the transmission of personal data by virtue by courts of the ordinary courts and public prosecutor's offices of public bodies of the Federation or a land for purposes other than those of the proceedings for which the data are collected. Special legislation of the Federal Government or, if transmitted data from a regulated regulated procedure, a country that differ from the sections 18 to 22, do those provisions.
(2) paragraph 1 shall apply accordingly for the transmission of personal data to places of public religious associations, provided that it is ensured that adequate data protection measures are taken at the receiver.
(3) a transmission stops when a special federal or corresponding landesgesetzliche use regulation precludes her.
(4) the responsibility for the permissibility of the transmission is the transmitting site.
(5) the Federal Ministry of Justice may adopt general administrative provisions to the releases permitted under this section with the approval of the Bundesrat. Appropriations to the adoption of legislation on releases in special legal provisions shall remain unaffected.
§ 13 (1) courts and prosecutors may submit personal data to fulfil the tasks within the competence of the recipient if 1 provided a special provision of law or necessarily requires, 2. the data subject has consented, 3 is obvious, that the delivery in the interests of the person concerned, and there is no reason to believe, that he would refuse his consent to having regard to this purpose , officio publicly known 4. the data on the basis of a legal provision are or are to be entered in a public register of a court-led, fully accessible for everyone dealing with the dismissal of the application for opening of insolvency proceedings due to lack of mass, or 5 on the basis of a decision of a) certain legal consequences have occurred, in particular the loss of legal status from a public official or service relationship , the exclusion of the military or civilian service, the loss of the right to vote or the eligibility or the Elimination of services from public funds, and b) the knowledge of the data from the perspective of the transmitting site for the realization of the legal consequences is necessary;
This also applies if the adoption of an administrative act is prescribed on the basis of the decision, an administrative measure shall not be adopted, or if the data subject also only provisionally not may perceive rights granted him by administrative act.
(2) in other than in the cases referred to in paragraph 1 courts and prosecutors may transmit personal data to fulfil the tasks including personnel legal powers under the responsibility of the recipient, if a transfer is allowed for, and obviously if not for the transmitting authority is worth protecting interests of the person concerned to the exclusion of the delivery to outweigh, sections 14 to 17. Transmitted data may be used also for the performance of duties to the security review law or a relevant country law.
Footnote (+++ § 13: application cf. Article 35 G 300-1/1 v. 18.6.1997 I 1430 (JuMiG); comes into effect with the proviso that paragraph 1 is to apply no. 4 until December 31, 1998 in the following version: "4th officio publicly disclose the data on the basis of a legal provision are or are to be entered in a public register of a court-led, fully accessible for everyone or it is the dismissal of the application for opening of bankruptcy proceedings or the total enforcement procedure due to lack of") ("Mass is, or" +++) second section (sections 12 to 22): Eingef. by article 1 No. 2 G v. 18.6.1997 1430 mWv 1.6.1998 § 14 (1) in criminal matters is the transfer of personal data of the accused, relating to the subject-matter of the proceedings, permitted, if the knowledge of the data from the perspective of the transmitting authority is required for 1 to 3 (lapsed) 4. labor law or measures of supervision, if a) the interested party due to his professional or official relationship of services; Is subject to State or State supervision, is a church or a corresponding Office in another public service religion society clothed or is official of a church or a religious society and b)
the data on a violation of obligations suggest, in the operation of the profession or the perception of tasks from the official relationship to be observed or are otherwise suitable, doubts as to the suitability, causing reliability or capability, 5. the decision about the termination or other labour law measures, to decide on a dismissal for the withdrawal, the withdrawal , the constraint of official permission, approval or approval to exercise a trade, an other economic enterprise or profession or to complete a professional title, for the prohibition of professional, commercial or voluntary activity or the other economic enterprise or the prohibition of recruitment, employment, supervision of children and young people, for prohibiting the implementation of vocational training or for the formation of a circulation , if a) the person concerned is a falling under paragraph 4 Member of the public service or the service of a public religious society, a trader or an authorized representative of a trader or a person responsible for the management of a commercial company or of other economic enterprises, other professional or holder of honorary and b) can be close the data on a breach of obligations in the operation of the service , of the industry, the other economic enterprise, profession or of the volunteer to be observed or are otherwise suitable, doubts as to the suitability, reliability or capability to cause, 6 service policies with supply legal consequences or for withdrawal of survivor's benefit if the person concerned from a public office or employment or from an official or service relationship with a church or other public religious society of pensions receives or has to claim , 7. the revocation, withdrawal, refusal or restriction of the permission, the permission or approval or for the arrangement of a circulation, if the person concerned a) responsible working in an approval or permission requiring operating subject to special statutory safety requirements or b) holder one atom - waffen - sprengstoff -, gefahrstoff -, immissionsschutz -, abfall -, water -, seuchen, tierseuchen-, betäubungsmittel - or pharmaceutical regulatory authorization, permission or approval, authorisation under the gene technology Act , the law on the control of weapons of war or the foreign trade law, a permit to the employment service under the third book of social law, a rental allowance to employee hiring law, a permit for animal protection laws, a hunting license, a fishing licence, a carrier or in the other a security legal permit or formal qualifications is or has made a corresponding application, 8.
Measures of supervision, if it is a) to criminal matters relating to industrial accidents, in which infringements of safety regulations are known, or b) to offences against legislation on the protection of the labour force or to protect acting health of workers, or 9 the defense of considerable disadvantages for animals and plants, soil, water, air, climate and landscape.
(2) in private litigation, in proceedings for negligence committed offences, in the other sentence to another measure as a penalty or a measure within the meaning of § 11 para 1 No. 8 of the Penal Code, or if the procedure has been set, the transmission in the cases of paragraph 1 is no. 4 to 9 if not special circumstances of the case require the transmission. The transmission is especially required when the deed is already after its kind, cause doubt as to the reliability or suitability of the data subject for the professional, commercial or voluntary activity exercised by him or for the exercise of rights of a permission granted to him, approval or permission. Sentences 1 and 2 apply not for criminal offences, the death of a person is caused by that, and aggravated assault. In the case of terminating the proceeding is to consider how the findings to be secured.
§ 15 in civil matters including matters of voluntary jurisdiction is the transfer of personal data permitted, if the knowledge of the data from the perspective of the transmitting authority is required 1 to the correction or addition of the land register or a register operated by a court or directory, whose guided tour through a piece of legislation is arranged, and if the data are subject to the proceeding, or 2 to the leadership of the official directory referred to in § 2 para 2 of the land order and if border disputes subject to a judgment , are a comparison or an out-of-court settlement disclosed to the Court.
§ 16 are personal data to foreign authorities or to parent or intergovernmental bodies under the legislation for this purpose delivered, so this data is also allowed 1 to the Federal Ministry of Justice and the Federal Foreign Office, 2. in criminal cases against members of foreign consular representation in addition to the heads of State or Senate Chancellery of the country in which the consular representation is established.
The Federal Office of Justice in accordance with paragraph 2 and that of the provincial governments specific section 16a (1) by a regulation the tasks of the contact points within the meaning of article 2 of decision 2001/470/EC of 28 May 2001 establishing a European judicial network in civil and commercial matters (OJ take other EC No. L 174 p. 25) true.
(2) the Federal Office of Justice ensures coordination between the contact points.
(3) the land Governments are authorized to assign the tasks of contact point of a State authority by regulation. You can transfer the power to adopt a legislative decree a Supreme National Authority referred to in paragraph 1.
§ 17 the transmission of personal data is also permitted if the knowledge of the data from the perspective of the transmitting point 1 to the prosecution of criminal offences or offences, 2. for proceedings of international mutual legal assistance, 3. to avert significant disadvantages for the common good or a threat to public safety, 4. to avert of a serious impairment of the rights of another person or 5 to counter of a significant danger to minors is required.
Article 18 (1) other personal data of the person concerned or a third party are so connected with personal data that may be transferred under this section, that a separation not possible only with unreasonable effort or, the transmission of this data is permitted, as far as not legitimate interests of the data subject or a third party to whose secrecy obviously outweigh. A use of data by the recipient is not permitted; section 19, subsection 1, sentence 2 shall apply accordingly for data of the person concerned.
(2) the transmitting agency determines the shape of the delivery to dutiful discretion. Where to submit the data and the Organization of the recipients available according to the type, she meets reasonable accommodation, to ensure that the data immediately achieve the functional staff at the receiver.
Section 19 (1) the transmitted data may be used only for the purpose whose fulfilment they have been transmitted. Use for other purposes is permitted, insofar as the data also had may be transferred.
(2) the receiver checks whether the data transmitted for the purposes referred to in paragraph 1 are required. Data are not required, he sends back the documents to the transmitting authority. The receiver is not responsible and the body responsible for the use of the data is known to him he forwards the transmitted documents there and notified the transmitting authority thereof.
Section 20 (1) data that have been transmitted before termination of the proceedings, concerning the subject of this proceeding, is the recipient of the outcome of the proceedings to inform; the same procedure applies if a submitted decision is amended or repealed, except in the cases of section 153a of the code of criminal procedure, is also only provisionally been set or, under the circumstances it can be assumed that the procedure is operated only provisionally does not continue. The recipient is to promptly inform if this is deemed necessary to avoid imminent disadvantages for the parties concerned to a briefing pursuant to sentence 1 of new findings.
(2) proving that incorrect data have been transmitted, the receiver must be informed immediately. The receiver corrected the data or noted their incorrectness in the files.
(3) the information can be avoided 1 or 2 sentence 1 after paragraph, when it clearly is needed to safeguard the legitimate interests of the person concerned nor to carry out tasks of the recipient.
(1) information about the submitted data and its recipient is the persons concerned upon request to grant. The request is in writing. The information is only granted insofar as the person concerned makes statements that allow finding the data, and is required for the supply of the information not out of proportion to the asserted interest. The transmitting authority determines the procedure, particularly in the form of information to dutiful discretion.
(2) the interested parties are given messages in criminal matters not at the same time is the accused or in civil cases not yet party or parties, he is simultaneously with the transfer of personal data about the content and the recipient to teach. The disclosure of the legal representative of a minor, the authorized or Defender is sufficient. The transmitting authority determines the shape of the briefing to dutiful discretion. An obligation to inform is not, if the address of the can be determined for teachers only with unreasonable effort.
(3) providing information or the information refers to the transmission of personal data to intelligence, the Federal Intelligence Service, the military Abschirmdienst or, as far as the security of the Federation is touched, other authorities of the Federal Minister of defence, it is permitted only with the approval of these posts.
(4) providing information and the briefing be avoided, as far as they would jeopardize proper performance of the tasks of the transmitting body or the receiver 1, they endanger the public safety or order 2 or otherwise the benefit of the Federal Government or a country disadvantages would prepare or the data or the fact of its delivery after a piece of legislation or its nature, in particular because of the vast guardians 3. interests of a third party that must be kept secret and that's why the interest of the data subject to the disclosure or information must resign. The notification of the person concerned is also omitted if significant disadvantages to fear for his health.
(5) the refusal of information requires no justification as far as the statement of the factual and legal grounds on which the decision is based, jeopardizes the purpose pursued by the refusal of information.
§ 22 (1) is the legal basis for the transmission of personal data is not in the rules, which govern the procedure of transmitting site, apply for the review of the lawfulness of the transmission to the sections 23 to 30 in accordance with the provisions of paragraphs 2 and 3. The recipients on the basis of the data transmitted has taken a decision or other action and announced this to the person concerned before a request for judicial decision has been posted the legality of delivery exclusively by the Court which may be called against the decision or action of the recipient, is checked in the nature of proceedings provided for this purpose.
(2) a court judgment shall be, is to inform the recipient. This tells the Court that is competent according to § 25 whether the conditions of in paragraph 1 sentence 2 are available.
(3) the transfer was illegal, so the court pronounces it. The decision is binding also on the recipient and to make him known. The use of the transmitted data is inadmissible if the unlawfulness of the transmission has been detected.
Third section appeal of Justice Administration Act sections 23 (1) regarding the legality of orders, orders, or other measures taken of voluntary jurisdiction and the administration of criminal justice by the judicial authorities to regulate specific issues in the areas of civil law including commercial law, civil process, the courts decide on request. The same applies to orders, orders, or other measures of law enforcement agencies in the enforcement of pre-trial detention and those custodial sentences and measures of improvement and assurance, performed outside of judicial execution.
(2) with the request for judicial decision, the obligation of the judicial or law enforcement agencies to adopt an administrative act of rejected or failure can are coveted.
(3) as far as the ordinary courts can already call in accordance with other provisions, it retains this leave.
Section 24 (1) the application for judgment is allowed only if the applicant submits, to be hurt by the measure, or their refusal or omission in his right hand.
(2) as far as subject to measures of judicial or law enforcement authorities of the complaint or an other formal remedy in the administrative procedure, the application for judicial decision can be placed only after forgotten ahead appeal.
Section 25 (1) on the application for a civil Senate decides or, if the application relates to a matter of criminal justice or of enforcement, a criminal of the higher regional court, in whose district the judicial or law enforcement authority is established. Is preceded by an appeals procedure (section 24 para 2), as the Court of appeal is responsible, in whose district the appeal authority is established.
(2) a country in which, several courts of appeal are built, can assign only one of the courts of appeal or the Supreme regional court by law decisions belong to paragraph 1 to the jurisdiction of the civil Senate or the Strafsenats.
Section 26 (1) the application for judicial decision must within one month after delivery or written notice of the decision or, as far as appeal proceedings (§ 24 para 2) went ahead, after delivery of the notice of appeal provided in writing or writing the Office of the higher regional court or a District Court.
(2) the applicant through no fault was unable to meet the deadline, is him at the request to grant restitutio in integrum. An absence of fault is suspected an instruction on the admissibility of judicial decision and the Court in which he is, its seat and the form to be respected and is under deadline or incorrectly issued, if in the notification or, where an appeal (section 24 paragraph 2) is preceded in the appeal decision.
(3) the application for restitutio is within two weeks after removal of the obstacle to make. The facts in support of the application are in the application or in the proceedings on the request to make. Within the deadline, the omitted Act is catching up to do. This is done, the reinstatement without request may be granted.
(4) after one year since the end of the missed deadline, the application for restitutio is inadmissible, unless the request before the end of the year as a result of force majeure was impossible.
Section 27 (1) an application for judgment can also be made if an application, a measure to take, or a complaint or another ceiling to formal redress without reason within a period of three months is decided. The Court can be called before the expiration of date, if this is necessary due to special circumstances of the case.
(2) a reason sufficient to exists, that the complaint or formal appeal not yet decided or the requested measure is not adopted yet, the court sets out the procedure until the expiry of a period determined by him, which can be renewed. Is within the appeal which allowed by the deadline set by the Court or the administrative measure adopted within this period, is to explain the main thing done.
(3) the request is referred to in paragraph 1 only until the end of the year since the filing of the appeal or the submission of the application on carrying out of the measure allowed, unless the submission before the end of the year as a result of force majeure was impossible under the particular circumstances of the individual case is there have been no.
Section 28 (1) as far as the measure illegal and the applicant this is in his right hand injured, highlights the measures the Court and, unless a appeal proceedings (§ 24 para 2) went ahead, on the appeal decision. The measure is already completed, the Court on application may pronounce also, that and how the judicial or law enforcement authority has to undo the execution. This statement is allowed only if the authority capable and this question is discussed. Has the measure previously by withdrawal or otherwise settled, so the Court at the request of pronounced, that the action has been unlawful, if the applicant has a legitimate interest in this statement.
(2) if the refusal or failure of the action illegal and the applicant this is in his right hand injured, saith the Court the obligation of the judicial or law enforcement agencies out to perform the requested Act if the matter is discussed. Otherwise pronounce it the obligation, for the applicant in accordance with the legal opinion of the Court.
(3) as far as the judicial or law enforcement authority is empowered to act at its discretion the Court is also examining whether the measure or its refusal or omission is illegal because the legal limits of discretion are exceeded or use is made of the discretion in a manner not corresponding to the purpose of the authorization.
(4) the Court has allowed the appeal against his decision (§ 29), is the decision to attach a notice of the appeal and the Court in which to insert's, whose seat and the term and to form.
Section 29 (1) against a decision of the higher regional court is granted the appeal, when she left to the Court of appeal in the first instance the decision.
(2) the appeal is to allow, if 1 fundamental importance has the case, or 2. a decision of the Court of appeal requires the training of law or the assurance of consistent case law.
The Court of appeal is bound to the approval.
(3) on the further procedure, § 17, as well as the sections 71 to 74a of the law on the procedure in family matters and in matters of voluntary jurisdiction are apply mutatis mutandis.
(4) on the grant of legal aid are the rules of civil procedure apply mutatis mutandis.
Section 30 that Court of appeal may in its reasonable discretion determine that the extrajudicial costs of the applicant, which were necessary for the adequate prosecution, are wholly or partially from the State Treasury to reimburse. The provisions of section 91 paragraph 1 sentence 2 and paragraphs 103 to 107 of the code of civil procedure shall apply mutatis mutandis. The decision of the higher regional court can not be appealed.
section 30a (1) administrative acts, which in the area of the administration of Justice in the execution of the court fees Act, law of costs in terms of family, the judicial and notary costs Act, the bailiff costs Act, of rates - and compensation law or other applicable to judicial proceedings or of the administration of justice costs regulations, particularly with regard to the claim or refund be issued, can be challenged even by an application for judicial decision, if it is not expressly determined is. The application can be supported only that the administrative measure infringes the applicant's rights because he was illegal. As far as the administrative authority is empowered to decide in its discretion the application can be supported just that the statutory limits of the discretion were exceeded, or had been made use of the discretion in a manner not corresponding to the purpose of the authorization.
(2) the District Court in whose District Office for the recovery or satisfaction of the claim is based decides on the request. In the process, the Treasury is to listen. The section paragraph 2 to 8 and section 84 of the Court and notary costs Act apply accordingly § 7a, 81.
(3) by the legislation of a country where several courts of appeal are built, the decision on the appeal of the further complaint according to paragraphs 1 and 2 as well as article 81 of the Court and notary costs Act, the request under article 127 of the judicial and notary costs Act, the remedy of complaint according to § 66 of the law of court costs, according to article 57 of the law on costs in family matters, article 81 of the Court and notary costs Act and § 4 of the Justizvergütungs-and compensation law, one of the several courts of appeal can or in lieu of such Higher regional court of a Supreme Court of the country to be assigned to. This applies also for the decision on the appeal of the other complaint according to § 33 of the Attorney remuneration law so far as the Court of appeal is responsible under this provision.
(4) for the complaint that found cost law modernisation Act of May 5, 2004 (Federal Law Gazette I p. 718) on 1 July 2004, the rules of further application, when to fencing decision was communicated before 1 July 2004 of the Office.
Fourth section is a current danger to life, body or freedom of a person, certain facts justify the suspicion that the danger posed by a terrorist group, and it is necessary to ward off this danger with the Defender to break any connection of prisoners among themselves and with the outside world, including written and oral transport contact lock § 31, so a corresponding determination can be made. The finding may only prisoners relate to, because an offence under § 129a, also in conjunction with section 129 b para. 1, of the Penal Code or because of a in that provision crimes referred to have been convicted or against which is a warrant on suspicion of such an offence; the same applies for such prisoners, who are suspected of a different crime in custody or convicted for an offence other and against the urgent suspicion that they have committed this Act in connection with an act b, para. 1, of the Penal Code according to § 129a, also in conjunction with section 129. The finding is limited if this is sufficient to ward off the danger to certain prisoners or groups of prisoners. The finding is to apply discretion.
§ Meets 32 the finding pursuant to § 31 the Government or the Supreme authority of the country of her specific. It is necessary to interrupt the connection in several countries, to avert the danger of the determination of the Minister of Justice can meet.
Section 33 is done a finding pursuant to § 31, to the competent authorities of the countries take the measures that are required for the interruption of the connection.
Article 34 (1) prisoners of measures under article 33 are affected, so will apply to you from the first relevant measure, as long as they any findings captured the special provisions below in paragraphs 2 to 4.
(2) against the prisoners deadlines be inhibited, if they will not be interrupted under other provisions.
(3) in criminal proceedings and other court proceedings, the rules as are applicable explained, in addition the following applies the code of criminal procedure: 1. prisoners who have no Defender, a defender is appointed.
2. prisoners may be then not present at interrogations and other investigative measures, if they have a right of presence according to General regulations; the same applies to their defenders as far as a prisoner captured by determining pursuant to § 31 is present. Such measures may take place only if the prisoner or the Defender demanded their implementation and who must be present pursuant to sentence 1 does not waive his presence. § 147 ABS. 3 of the code of criminal procedure is not to apply, so far as the purpose of the interruption would endanger.
3. an interrogation of the prisoners as a suspect when the Defender has a presence right according to General rules, only takes place if the prisoner and the defenders without the presence of the Defender.
4. with the announcement of an arrest warrant, the Defender has no right to presence; He is to teach by the announcement of the arrest warrant. The judge has to communicate the essential result of interrogation of the prisoners in the announcement, so far as the purpose of the interruption is not endangered, and the decision the Defender.
5. oral examinations of prison, as well as other oral proceedings, the implementation of which is compulsory within certain time limits, take place, as far as the prisoner is present, without the Defender; Number 4 sentence 2 shall apply accordingly. A hearing at the detention is to repeat, even if the conditions of article 118 par. 3 of the code of criminal procedure are not available at the request of the detainee or his defender at the end of the measures according to § 33.
6. a main hearing does not take place and when she has not continued started. The main hearing may be interrupted up to the period of thirty days; Section 229, paragraph 2, of the code of criminal procedure shall remain unaffected.
7. an accommodation to monitor mental status according to article 81 of the code of criminal procedure may not be carried out.
8. the prisoner may contact in writing in a criminal case against him to the Court or the public prosecutor's Office. The defenders no insight in these documents should be granted for the duration of the finding.
(4) other litigation or other legal proceedings, in which the prisoner is party or parties, is interrupted; the Court may take interim measures.
section 34a (1) the prisoner is a lawyer as a contact person at his request to assign. The legal support of the prisoners, is the contact person, respecting the objectives of determining taken pursuant to article 31, insofar as that as a result of the measures taken pursuant to § 33 there is a need; the contact person can work in particular by requests and suggestions on identifying regulates facts and circumstances requiring the prisoners of immediate reconnaissance in the interests.
(2) as far as the prisoner so agrees, the contact person informs the findings made during the conversation with the prisoner and in the further course of its activities the Court and the public prosecutor's Office; She can submit applications on behalf of the prisoners. The contact person is authorized in accordance with the prisoners to participate in interrogations and investigation measures, where the Defender according to § 34 paragraph 3 No. 3, no. 4 sentence 1 and no. 5 sentence 1 may be present. The contact person should contact third parties, insofar as this is absolutely for the fulfilment of their tasks pursuant to paragraph 1.
(3) the President of the District Court in whose district the correctional facility is located, within 48 hours after receipt of the application decides on the appointment of a contact person and their selection from the circle of legal advisers approved within the territorial scope of this Act. The defenders of the prisoners may not be attached. The President is not subject to; instructions with regard to the appointment and the selection its representation is according to § 21 h of the Judicature Act. Third parties may not be informed of the person of Assistant Attorney, except by him self in the context of the fulfilment of its tasks according to paragraphs 1 and 2. Associate lawyer must assume the duties of a contact person. The lawyer may request to cancel the appointment, if this important reasons.
(4) the prisoner has the right to propose a particular lawyer as a contact person.
(5) the prisoner is oral intercourse with the contact person. For the interview, devices must be provided, which exclude the transfer of documents and other objects.
(6) the prisoner is of paragraphs 1 to 5 when announcement of finding pursuant to § 31 of his right to apply for the appointment of a contact person, and on the other schemes to teach.
§ Loses 35 finding pursuant to § 31 its effect, if it is confirmed within a period of two weeks after its adoption. For the confirmation of a statement taken by a State authority, a criminal of the Oberlandesgericht is responsible, in whose district the State Government a criminal of the Bundesgerichtshof; has its seat, for the confirmation of a statement of the Federal Ministry of Justice Article 25, paragraph 2 shall apply mutatis mutandis.
§ Pursuant to § 31 is 36 the determination to withdraw as soon as their conditions are no longer met. You will lose their effect; at the latest after a period of thirty days the period begins at the end of the day, under which the finding was made. A finding that has been confirmed can be made again with its expiration if the conditions still exist; section applies to the renewed determination 35. a finding was not confirmed as a renewed determination can be made only if new facts require it. § 34 ABS. 3 Nr. 6 set 2 is no longer applicable when new findings.
A criminal of the Oberlandesgericht, in the district, the State Government has established decide section 37 (1) on the legality of individual measures according to § 33 upon request.
(2) a prisoner makes an application referred to in paragraph 1, the request of a judge at the District Court shall record, in whose district the prisoner is kept.
(3) at the hearing facts and circumstances be communicated unless and until, as the release would endanger the purpose of the interruption. § 33a of the code of criminal procedure shall apply mutatis mutandis.
(4) the provisions of § 23 para 2, § 24 para 1, § 25, subsection 2 and sections 26 to 30 shall apply mutatis mutandis.
38 the provisions of articles 31 to 37 shall apply section, when a measure of improvement and assurance is completed or unless an accommodation order pursuant to § 126a of the code of criminal procedure.
§ 38a (1) sections 31 to 38 shall apply appropriate if against a prisoner a criminal suspected of establishing a criminal association (article 129 of the Penal Code) has been initiated or is initiated, whose purpose or whose activities it is done, 1.
Murder or manslaughter (sections 211, 212) or genocide (article 6 of the International Penal Code), 2.
Crimes against personal freedom in the cases of section 239a or § 239b or 3.
larcenous offences in cases of sections 306 to 308, of § 310 b paragraph 1, section 311 paragraph 1, section 311a, para 1, § 312, 316 c paragraph 1 or of the § 319 to commit. Appropriate apply also in the event that according to § 31 sentence 2 second half-sentence required urgent suspicion on a criminal offence according to article 129 of the Penal Code refers to, which fulfils the conditions of sentence 1 No. 1-3.
(2) the same shall apply if the prisoner is legally convicted of such an offence.
Fifth section insolvency statistics section 39 (dropped out) sixth section transitional provisions article 40 § 119 shall in the case of a decision concerning claims by one or are have been raised against any party had their general jurisdiction at the time of the lis pendens in the first instance outside the scope of the courts act, and in the case of a decision, in which the District Court has applied foreign law and expressly noted this in the reasons for decision , in force until August 31, 2009 amended on appeal and appeal application, if the to fencing decision was issued before September 1, 2009.
The §§ 74 apply section 41 (1) for proceedings that were pending prior to January 1, 2012, at the District Court, to 74 c and 76 of the Court Constitution Act, in the version applicable up to 31 December 2011.
(2) has the Prosecutor in proceedings where the judgment reserved or the subsequent arrangement of backup storage to decide is to apply the files the President of the competent court before the 1st January 2012 section 74f of the courts act in the version applicable up to 31 December 2011 is passed, according to.
section 42 is on administrative acts relating to the costs of Arbitration section 30a even after the entry into force of the 2nd cost law Modernization Act of 23 July 2013 (Federal Law Gazette I S. 2586) continue to apply.
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