Courts Act

Original Language Title: Gerichtsverfassungsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Court Constitutional Law (GVG)

Non-official table of contents

GVG

Date of expend: 12.09.1950

Full quote:

" The Law of the Judicial Constitution in the version of the notice of 9. May 1975 (BGBl. 1077), as last amended by Article 2 of the Law of 17. July 2015 (BGBl. I p. 1349) "

:Recaught by Bek. v. 9.5.1975 I 1077
Last modified by Art. 2 G v. 17.7.2015 I 1349

See Notes

Footnote

(+ + + Text credits: 1.1.1979 + + +)
(+ + + measures) for details on the stand. on the basis of EinigVtr, see GVG Appendix EV;
partially no longer to be used + + +)

Recast of the Law of the Court of Justice of 27.1.1877, RGBl. 41, by Art. 9 d. G v. 12.9.1950 I 455

First Title
Jurisdiction

Non-Official Table of Contents

§ 1

The Judicial power is exercised by independent courts subject only to the law. unofficial table of contents

§ § 2 to 9 (omitted)

unofficial table of contents

§ 10

Under the authority of the judge, legal assistance requests can be done and, except in criminal cases, can listen to the parties, collect evidence, and oral proceedings. Referendaries are not authorized to order an insult or to take an oath. unofficial table of contents

§ 11

(omitted) unofficial Table of Contents

§ 12

The ordinary jurisdiction is given by the Local Courts, Regional Courts, Oberlandesgericht and by the Federal Court of Justice (the Supreme Court of the Federal Republic for the area of ordinary jurisdiction) . Non-official table of contents

§ 13

The ordinary courts include civil litigation, family matters, and the Matters of Voluntary Jurisdiction (civil matters) and criminal matters, for which the responsibility of administrative authorities or administrative courts is not justified, or specific to the provisions of federal law Meals are ordered or approved. Non-official table of contents

§ 13a

By the law of the country, a court for the counties of several courts may, in whole or in part, as well as to be set up by courts of foreign bodies. Non-official table of contents

§ 14

As special courts, courts of shipping for the matters referred to in the State contracts . unofficial table of contents

§ 15

(omitted) unofficial Table of contents

§ 16

exception courts are unstatable. No one shall be deprived of his legal judge. Non-official table of contents

§ 17

(1) The admissibility of the appeal is due to a change in the right of legal action of the it does not affect the circumstances. During the legal process, the case may not be otherwise pending by any party.(2) The Court of Justice of the admissible legal path shall decide the dispute in all legal aspects under consideration. The third sentence of Article 14 (3) and the third sentence of Article 34 of the Basic Law shall remain unaffected. A non-official table of contents

§ 17a

(1) If a court of law has legally declared the right to be lawfully admissible, other courts are this decision is bound.(2) Where the right of appeal is inadmissible, the Court of First Instance shall, after hearing the parties, pronounce it on its own account and, at the same time, refer the dispute to the competent court of the admissible legal way. Where a number of courts are competent, reference shall be made to the court to be selected by the plaintiff or applicant, or, if the choice is not made, to the court designated by the court. The decision shall be binding on the court to which the dispute has been referred, as regards the legal path.(3) If the right of appeal is admissible, the Court of First Instance may decide to do so in advance. It has to be decided in advance if a party is to rule on the admissibility of the legal path.(4) The decision referred to in paragraphs 2 and 3 may be taken without oral proceedings. It shall be justified. The decision is an immediate appeal in accordance with the rules of the rules of procedure to be applied. The decision of the upper regional court to the Supreme Court of the Federal Republic of Germany shall only be admissible to the parties concerned if it has been approved in the decision. The appeal shall be admissible if the question of law is of fundamental importance or if the court of law deviates from the decision of a Supreme Court of the Federal Government or of the Joint Senate of the Supreme Court of Justice of the Federal Republic of Germany. The Supreme Court of the Federation is bound by the admission of the appeal.(5) The court which decides on an appeal against a decision in the main proceedings does not examine whether the legal way is admissible.(6) Paragraphs 1 to 5 shall apply in proportion to each other in respect of the bodies responsible for civil litigation, family matters and matters relating to the voluntary jurisdiction. Non-official table of contents

§ 17b

(1) After the legal force of the referral decision enters into force, the legal dispute with the receipt of the file shall be the case in the case of the Decision referred to in the Court of First Instance. The effects of the right to vote remain.(2) Where a case is referred to another court, the costs in the proceedings before the court in question shall be dealt with as part of the costs incurred by the court to which the dispute was referred. The additional costs incurred by the plaintiff are to be laid down even if the applicant is in the main proceedings in the first place.(3) The second sentence of paragraph 2 shall not apply in family matters and in matters of voluntary jurisdiction. Non-official table of contents

§ 18

The members of the diplomatic missions set up within the scope of this law, their family members and their private domestic workers are in accordance with the Vienna Convention on Diplomatic Relations of 18. April 1961 (Bundesgesetzbl. 1964 II p. 957ff.) shall be exempt from the jurisdiction of the German courts. This shall also apply if their sending State is not a party to this Convention; in this case, Article 2 of the Act of 6 shall apply. August 1964 on the Vienna Convention of 18 December 1993. April 1961 on Diplomatic Relations (Bundesgesetzbl. 1964 II p. 957). Non-official table of contents

§ 19

(1) The members of the consular posts in the scope of this Act, including the Electoral consular officers shall be consulted in accordance with the provisions of the Vienna Convention on Consular Relations of 24 October 2008. April 1963 (Bundesgesetzbl. 1969 II p. 1585 et seq.) shall be exempt from the jurisdiction of the German courts. This shall also apply if their sending State is not a party to this Convention; in this case, Article 2 of the Law of 26 shall apply. August 1969 on the Vienna Convention of 24 August 1969. April 1963 on consular relations (Bundesgesetzbl. In 1969 II p. 1585), corresponding application.(2) Special international agreements concerning the exemption of the persons referred to in paragraph 1 from the German jurisdiction shall remain unaffected. Non-official table of contents

§ 20

(1) German jurisdiction also does not extend to representatives of other states and their monitoring, which are at the official invitation of the Federal Republic of Germany within the scope of this law.(2) In addition, the German jurisdiction does not extend to persons other than those referred to in paragraph 1 and in § § 18 and 19, insofar as they are subject to the general rules of international law, under international law agreements, or other legislation shall be exempt from it. Non-official table of contents

§ 21

§ § 18 to 20 are responsible for the execution of a request for the transfer and legal assistance of an international The Court of Justice, which was established by a legal act binding on the Federal Republic of Germany, does not oppose it.

Second Title
General provisions on the Bureau and the Business Distribution

Non-official table of contents

§ 21a

(1) A Presidium is formed in each court.(2) The Bureau shall consist of the President or Supervisory Judge as Chairman and
1.
Courts with at least eighty judge's posts from ten elected judges,
2.
in courts with at least forty judges ' posts from eight elected Judges,
3.
in courts with at least 20 judges ' posts from six elected judges,
4.
in courts with at least eight judges ' posts from four elected judges,
5.
for the other Courts from the judges elected pursuant to Section 21b (1).
Non-official table of contents

§ 21b

(1) The judges shall be entitled to vote on the election the period of life and of the judges who have been transferred to the court, as well as the judges who have been appointed by the court, the judges by order and the judges seconded for a period of at least three months, who shall: Perform the tasks of the jurisprudence. The judges at the time of life and the judges at the time of whom a judicial authority has been transferred to the court are eligible to be elected. Judges who have been seconded to another court for more than three months are not eligible to vote and are not eligible to vote for more than three months, or are seconded to an administrative authority.(2) Each person entitled to vote shall elect not more than the prescribed number of judges.(3) The election shall be direct and secret. It is elected who unites most of the votes. Other electoral procedures for election to the Bureau may be determined by the Land Act; in this case, the Land Government shall adopt by means of a regulation the necessary rules of the electoral procedure; it may authorise it to do so by means of the National justice administration. In the event of a tie, the lot shall decide.(4) Members shall be elected for a period of four years. Every two years, half of them are divorced. The members leaving for the first time shall be determined by the lot.(5) The electoral procedure shall be governed by a legal regulation which shall be adopted by the Federal Government with the consent of the Bundesrat.(6) If a law has been infringed in the election, the election may be challenged by the judges referred to in the first sentence of paragraph 1. A Senate of the competent Oberlandesgericht (Oberlandesgericht), a Senate of the Federal Court of Justice, decides on the Wahlanfechtung (Federal Court of Justice). If the dispute is declared to be well-founded, an appeal against a court decision cannot be based on the fact that the Bureau had not been duly assembled. In addition, the procedure should be applied in accordance with the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. Non-official table of contents

§ 21c

(1) If the president or the judge is prevented from performing, his representative (§ 21 h) shall meet his or her representative (§ 21 h). Place. If the President or the supervisory judge is present, his representative may, if he is not himself elected, take part in the meetings of the Bureau with a consultative vote. The elected members of the Bureau shall not be represented.(2) If an elected member of the Praesidium divorces from the court, it shall be seconded to another court for more than three months or leave a leave of absence for more than three months, it shall be seconded to an administrative authority or shall be required by law. Member of the Bureau, he shall replace him by the last election of the next appointed person. Non-official table of contents

§ 21d

(1) For the size of the Bureau, the number of judge posts at the end of the day shall be the same as the number of days, where the fiscal year starts, by six months.(2) Where the number of judge posts in a court with a Bureau pursuant to Section 21a (2) no. 1 to 3 has fallen below the minimum number mentioned in each case, the following number of judges shall be required for the next election, which shall take place in accordance with Article 21b (4). select:
1.
in a court with a bureau according to § 21a para. 2 no. 1 four Judge,
2.
at a court with a Presidium pursuant to Section 21a (2) No. 2, Three Judges,
3.
in a court with a presidium pursuant to § 21a para. 2 no. 3 two judges.
In addition to the members leaving the court according to § 21b (4), one other member, the is determined by the lot.(3) If the number of judge's posts in a court with a Bureau pursuant to Section 21a (2) (2) to (4) has risen above the maximum number applicable to the previous size of the Bureau, the next election, which takes place in accordance with Article 21b (4), shall be to choose the following number of judges:
1.
in a court with a presidium pursuant to § 21a para. 2 no. 2 six judges,
2.
in a court with a bureau according to § 21a, para. 2 no. 3 five judges,
3.
in a court with a bureau according to § 21a para. 2 no. 4 four judges.
In each case, one member who is determined by the lot will be left after two years. Non-official table of contents

§ 21e

(1) The Presidium determines the occupation of the Spruchbodies, orders the investigating judges, regulates the representation and distributes the shops. It shall take these orders before the beginning of the financial year for the duration of the financial year. The President shall determine what judicial tasks he shall perform. Each judge may belong to a number of sprouchbodies.(2) Prior to the distribution of the business, the judges who are not members of the Bureau shall be given the opportunity to submit their comments.(3) The arrangements referred to in paragraph 1 may be amended only in the course of the financial year if this is necessary due to overloading or insufficient capacity utilization of a judge or spruchbody or as a result of change or permanent prevention of individual judges. . Prior to the amendment, the Chairperson, whose bodies are affected by the change in the distribution of the business, shall be given the opportunity to make a statement.(4) The Bureau may order that a Judge or Spruchbody who has acted in one case shall remain responsible for the latter after a change in the distribution of the business.(5) If a judge is to be assigned to another body, or if his area of responsibility is to be changed, he shall be given the opportunity to submit a statement, except in the case of an express case.(6) If a judge is to be exempted in whole or in part for the tasks of the administration of justice, the Bureau shall be heard beforehand.(7) The Bureau shall decide by majority vote. Section 21i (2) shall apply mutatily.(8) The Bureau may decide that judges of the General Court may be present in the deliberations and votes of the Bureau for the entire duration or for a period of time. § 171b applies accordingly.(9) The business distribution plan of the Court of First Instance shall be placed in the office of the General Court designated by the President or the Supervisory Judge for inspection; a publication shall not be required. Non-official table of contents

§ 21f

(1) The presiding in the crates in the county courts, the Upper Regional Courts and the Federal Court of Justice lead the President and the chairmen of Judges.2. In the event of the chairperson's prevention, the Chair shall hold the member of the body responsible for the body of the sprout. If this representative is also prevented, the oldest member of the Board of Spruchbodies, who is the oldest member of the same service, will be in the chair. Non-official table of contents

§ 21g

(1) Within the spruch body occupied by several judges, the business shall be the subject of a decision of all of the Professional judges belonging to the members are distributed among the members. In the event of a tie, the Bureau shall decide.(2) The decision shall determine, before the beginning of the financial year, the principles on which the members participate in the proceedings; it may be amended only if it is due to overloading, undue utilization, change or permanent Prevention of individual members of the Spruch Body is required.(3) In accordance with the provisions of the procedural rules, paragraph 2 shall apply in so far as one of its members may be transferred to one of its members for a decision as a single judge by the body of the information.(4) If a professional judge is prevented from taking a decision, the representative determined by the business distribution plan shall enter his position.(5) § 21i paragraph 2 shall apply with the proviso that the provision shall be made by the Chairman.(6) Before the decision is taken, the professional judges who are affected by the decision shall be given the opportunity to submit their comments.(7) Section 21e (9) shall apply accordingly. Non-official table of contents

§ 21h

The President or the Supervisory Judge will be in his or her dealings, which are not determined by this Act. shall be distributed by the Bureau, by its permanent representative, with a number of permanent representatives by the oldest, with the same seniority, by the oldest of them. If a permanent representative is not appointed or is prevented, the President shall be represented by the oldest judge by the oldest judge, with the same seniority as the oldest judge. Non-official table of contents

§ 21i

(1) The Bureau is quorum if at least half of its elected members are present.(2) If a decision of the Bureau cannot be taken in due time, the orders referred to in § 21e shall be taken by the President or the Supervisory Judge. The reasons for the order are to be laid down in writing. The order shall be submitted without delay to the Bureau for approval. It shall remain in force as long as the Bureau does not decide otherwise. Non-official table of contents

§ 21j

(1) If a court is established and if the Bureau is to be formed in accordance with Section 21a (2) no. 1 to 4, the provisions of § 21e until the formation of the Praesidium by the President or the Supervisory Judge. Section 21i (2) sentences 2 to 4 shall apply accordingly.(2) A Bureau pursuant to Section 21a (2) no. 1 to 4 shall be established within three months of the establishment of the Court of First Instance. The period laid down in Article 21b (4) sentence 1 shall begin with the financial year following the formation of the Bureau if the Bureau is not formed at the beginning of a financial year.(3) The date of the establishment of the court shall be replaced by the date referred to in § 21d (1).(4) The tasks set out in § 1 para. 2 sentence 2 and 3 and paragraph 3 of the Electoral Regulations for the Presiding of the Courts of 19. September 1972 (BGBl. 1821), the first appointment of the electoral board of the President or supervisory judges shall take place. The expiry of the period referred to in the first sentence of paragraph 2 shall be deemed to be the end of the financial year for the presiding of the courts in the second sentence of the second sentence of paragraph 1.

Third Title
Local Court

unofficial table of contents

§ 22

(1) The local courts are the individual judges.(2) At the same time a judge at the District Court may be transferred another judge's office to another district court or to a district court.(3) The General Service Supervisory Authority may be transferred from the State Justice Administration to the President of the higher-ranking regional court. If this is not done, then, if the Local Court is filled with several judges, one of them shall be entrusted by the State Justice Department with the general duty of supervision.(4) Any judge at the District Court shall do the business he has carried out, unless otherwise specified by this law, as a single judge.(5) Judges may be used by order. Judges on the sample may be used, unless otherwise indicated in paragraph 6, § 23b (3) sentence 2, § 23c (2) or § 29 (1) sentence 2.(6) A judge on a sample shall not perform business in insolvency cases in the first year following his appointment. Judges in insolvency cases should have knowledge of the areas of insolvency law, commercial and company law and basic knowledge of the parts of labour, social and tax law that are necessary for insolvency proceedings and of the accounting system. A judge whose knowledge is not covered in these areas may be assigned the duties of an insolvency judge only if the acquisition of the knowledge is to be expected as soon as possible. Non-official table of contents

§ 22a

In the case of local courts with a presidium consisting of all electable judges (Section 21a (2) no. 5), the President of the Supreme Court, or, if the President of another Local Court exercises the supervision of the service, this President shall be the Chairman of the Bureau. Non-official table of contents

§ 22b

(1) If a district court is only occupied by a judge, the Presidium of the Regional Court shall instruct a judge of its district with the permanent representation of this Judge.(2) If the temporary representation by a judge of another court is required at a local court, the Presidium of the Regional Court shall order a judge of its district at the latest for two months with the representation.(3) In the event of an event, the President of the Regional Court may appoint a temporary representative. The reasons for the order are to be laid down in writing.(4) In the case of the local courts, through which the President of another local court exercises supervision, the Bureau of the other Local Court shall, in the cases referred to in paragraphs 1 and 2, be the President of the other Local Court and, in the case of paragraph 3, the President of the latter. Non-official table of contents

§ 22c

(1) The state governments are empowered to determine by means of a decree law that a number of local courts will be held in the District of a district court shall establish a common stand-by duty plan or a local court shall fully or partially carry out on-call operations if this is to ensure a more uniform burden on the judges Standby services are displayed. The judges of the local courts referred to in the first sentence shall be referred to the on-call duty. In the Regulation as set out in the first sentence, it may be determined that the judges of the Landgericht are also to be used. The Bureau of the Regional Court shall, in agreement with the bureau of the relevant local courts, decide on the distribution of the operations of the standby service in accordance with the provisions of section 21e. If an agreement is not reached, the decision-making shall be the responsibility of the Bureau of the Higher Regional Court, to whose district the District Court belongs.(2) The State Governments may transfer the authorisation referred to in paragraph 1 to the State Justice Administrations. Non-official table of contents

§ 22d

The validity of the act of a judge in the local court is not affected by the fact that the act is based on the law of the court. It would have been possible to carry out the distribution of business from another judge. Non-official table of contents

§ 23

The jurisdiction of the Local Courts includes in civil disputes, insofar as they are not without regard to the value of the dispute is assigned to the county courts:
1.
Disputes over claims, whose object of money or monetary value does not exceed the sum of five thousand euros;
2.
regardless of the value of the object of the dispute:
a)
Disputes about claims arising from a lease over housing or about the stock of such a Lease; this jurisdiction is exclusive;
b)
Disputes between travelers and hosts, carriers, shipwrecks or emigrants in the Ports of embarkation, through host cetaceans, fuhrlohn, transit money, carriage of passengers and their goods, loss of and damage to the latter, as well as disputes between traveller and craftsmen arising from the journey ;
c)
Disputes according to § 43 (1) to (4) and (6) of the Housing Law; this responsibility is exclusive;
d)
Disputes About Wilddamage;
e)
(omitted)
f)
(omitted)
g)
Claims from a site that is linked to the release of a property Bodygedings, bodywork, old-part or draft contracts.
unofficial table of contents

§ 23a

(1) The local courts are also responsible for
1.
Family Matters;
2.
Matters of voluntary jurisdiction unless otherwise competent by law.
The jurisdiction after the first sentence of the first sentence 1 is an exclusive one.(2) Matters of voluntary jurisdiction are
1.
Maintainers, accommodation and care court assignment cases,
2.
remission and split cases,
3.
Registry Cases,
4.
Company law procedures in accordance with § 375 of the Law on the Procedure in Family matters and in the matters of voluntary jurisdiction,
5.
the other matters of voluntary jurisdiction under Section 410 of the Law on the procedure in family matters and in the matters of voluntary jurisdiction,
6.
Procedures in deprivation of liberty in accordance with § 415 of the Law on the Procedures in family matters and in the matters of voluntary jurisdiction,
7.
Bid procedure,
8.
Basic books,
9.
Procedure according to § 1 Nr. 1 and 2 to 6 of the Law on the Judicial Procedure in Agricultural Matters,
10.
Register of ships and
11.
Other matters of the
() By way of derogation from the first sentence of the first sentence of paragraph 1, the second sentence of paragraph 2 of this paragraph shall be referred to in section 342 (2) of the second paragraph of paragraph 2 of the German law. 1 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, instead of the Local Courts, the Notaries. Non-official table of contents

§ 23b

(1) The local courts are responsible for the formation of departments for family matters (family courts).(2) Where several departments are formed for family matters, all family matters relating to the same group of persons shall be assigned to the same department. If a matrimonial case is legal, while another family matter relating to the same group of persons or a common child of the spouses is pending in another department in the first legal proceedings, the former shall be subject to the following: Department of the Ehesache. In the case of a department, a request shall be made in a procedure in accordance with § § 10 to 12 of the International Family Law Procedure Act of 26. January 2005 (BGBl. 162), while a family matter relating to the same child is pending in another department in the first legal proceedings, it shall be submitted by its own motion to the former department; this shall not apply if the application is manifestly is inadmissible. The provisions of sentence 3 shall also apply to other family matters in which they are involved, on the basis of a matching request from both parents.(3) The family-related departments are staffed with family judges. A judge on a sample shall not be allowed to perform business of the family judge in the first year following his appointment. Non-official table of contents

§ 23c

(1) The local courts will be responsible for departments for care matters, accommodation items, and care-related matters. Allocation cases (care courts).(2) The counseling courts are filled with caregiders. A judge on a sample shall not be allowed to carry out the business of the care judge in the first year following his appointment. Non-official table of contents

§ 23d

The state governments are authorized to issue a legal order by a local court for the counties of several To assign the family matters and, in whole or in part, the commercial matters and matters of voluntary jurisdiction to the local courts, provided that the summary serves to facilitate the factual promotion of the proceedings or to ensure that the proceedings are to be secured. uniform case-law. The national governments can transfer the appropriations to the Land Justice Administrations.

Footnote

§ 23d (formerly § 23c): Inc. by Art. 5 N ° 2 G v. 14.6.1976 I 1421 mWv 16.6.1976, now § 23d gem. idF d. Art. 22 No. 10 G v. 17.12.2008 I 2586 mWv 1.9.2009. Compatible with the GG, BVerfGE v. 28.2.1980 I 283 -1 BvL 17/77 u. a. - Non-official table of contents

§ 24

(1) In criminal matters, the local courts are responsible, if not
1.
the jurisdiction of the District Court in accordance with § 74 para. 2 or § 74 a or the Oberlandesgericht according to § § § § § § § 74 120 or 120b is justified,
2.
in individual cases a higher sentence than four years ' imprisonment or the placement of the accused in a psychiatric Hospital, alone or in addition to punishment, or in security custody (§ § 66 to 66b of the Criminal Code) is to be expected, or
3.
the Public Prosecutor's Office the special need for protection of the injured of the offence, which may be considered as a witness, of the particular scope or special significance of the case brought before the District Court.
A special need for protection in accordance with the first sentence of the first sentence Number 3 is in particular present if it is to be expected that the hearing will be associated with a particular burden for the injured person, and that multiple interrogations should therefore be avoided.(2) The District Court shall not be entitled to a sentence higher than four years ' imprisonment and not to accommodation in a psychiatric hospital, either alone or in addition to a sentence, or in the safekeeping of the security. Non-official table of contents

§ 25

The judge at the district court decides as a criminal judge in the case of misconduct,
1.
if it is tracked by private action or
2.
if a higher penalty is not to be expected as a two-year term of imprisonment.
3. Unofficial Table Of Contents

§ 26

(1) For Adult Offences that violates or directly endangers a child or juvenile, In addition to the courts responsible for general criminal matters, the juvenile courts are also responsible for the violations of the rules governing the protection of minors or of juvenile education. § § 24 and 25 shall apply accordingly.(2) In the case of youth protection cases, the Public Prosecutor's Office is to raise charges with the juvenile courts if it is to ensure that the legitimate interests of children or young people who are required as witnesses in the proceedings can be better protected. Moreover, the Public Prosecutor's Office is only to raise charges with the juvenile courts if, for other reasons, a trial before the juvenile court appears to be appropriate.(3) Paragraphs 1 and 2 shall apply in accordance with the application for judicial investigation proceedings in the investigative procedure. unofficial table of contents

§ 26a

(omitted) unofficial Table of Contents

§ 27

In addition, the jurisdiction and the business circle of the Local Courts is determined by the provisions of this Act and the process regulations.

Fourth title
Schöffengerichte

Non-Official Table of Contents

§ 28

For the negotiation and decision of the jurisdiction of the Local Courts Unless the criminal judge decides, criminal matters shall be formed at the local courts of the Schöffengerichte district court. Non-Official Table Of Contents

§ 29

(1) The Judge is made up of the Judge at the District Court as Chairman and two Schöffen. A judge on the sample shall not be chairman in the first year following his appointment.(2) At the opening of the main proceedings, at the request of the Public Prosecutor's Office, it may be decided to grant a second Judge to the Local Court if his participation appears to be necessary on the scale of the matter. An application by the Public Prosecutor's Office does not require a higher order court to open the main proceedings before the Schöffengericht (Schöffengericht). Non-official table of contents

§ 30

(1) Inasmuch as the law does not provide exceptions, the spoons practice the judge's office in the course of the main hearing in the full extent and with the same voting rights as the judges in the district court, and also take part in the decisions to be taken in the course of a main hearing, which are not in any relation to the judgment and which are also without oral proceedings be able to be negotiated.(2) The decisions taken outside the main proceedings shall be adopted by the judge at the Local Court. Non-official table of contents

§ 31

The Office of a Schöffen is an honorary office. It can only be provided by Germans. Non-official table of contents

§ 32

Incapable of office of a spoon:
1.
People who do not have the ability to hold public offices as a result of a judge's entitlement, or because of an intentional act sentenced to a term of imprisonment of more than six months;
2.
People against which an investigative procedure hovers because of a deed, which can result in the loss of the ability to hold public office clothing.
3.
(dropped)
unofficial table of contents

§ 33

Should not be called to the office of a spoon:
1.
People who would not have completed the twenty-fifth year of life at the beginning of the term;
2.
People who have completed the seventies or would complete it until the start of the term;
3.
People who do not live in the community at the time the list of proposals is drawn up;
4.
People, which are not suitable for health reasons for the office;
5.
Persons who are not suitable for the office due to lack of sufficient command of the German language
6.
People who have fallen into an asset.
Non-official Table of Contents

§ 34

(1) Furthermore, the office of a spoon should not be called:
1.
the Federal President;
2.
the members of the Federal Government or any other State Government;
3.
Officials that can be temporarily retired or retired;
4.
Judges and Officials of the Public Prosecutor's Office, Notaries and Lawyers;
5.
Judicial Enforcement officers, law enforcement officers, prison staff, and full-time probation and tribunals;
6.
Religious servants and members of such religious associations which are obliged to live together in accordance with their statutes;
7.
People who as honorary judges in the criminal justice system in two successive periods of office, of which the last term of office is still in force at the time when the proposed lists are drawn up.
(2) The laws of the country may be higher than those of the officials referred to above. which are not to be called to the office of a spoon. Non-official table of contents

§ 35

The appeal to the office of a spoon may refuse:
1.
Members of the Bundestag, the Bundesrat, the European Parliament, a Landtag, or a second chamber;
2.
persons who, in the previous term, have fulfilled the obligation of a honorary judge in the criminal justice system for forty days, as well as persons who are already acting as honorary judges;
3.
Doctors, dentists, nurses, pediatric nurses, nurses and nurses. Midwives;
4.
Pharmacists who do not employ any other pharmacist;
5.
People, who make it credible that their immediate personal care for their family makes it particularly difficult for them to carry out their duties;
6.
Persons who do so may have completed sixty-five years of life or would have completed it until the end of the term of office;
7.
Persons who have shown that the performance of the Office shall be it or a third party means a particular hardship due to endangerment or significant impairment of a sufficient economic livelihood.

Footnote

(+ + + § 35 No. 2: For application, see Art. 9 (9) G v. 9.12.1974 I 3393 (to be applied in this version for the first time to the term of office from 1.1.1977) + + +) Non-official table of contents

§ 36

(1) The municipality presents a list of proposals for spoons in every fifth year. For inclusion in the list, the approval of two thirds of the present members of the community representation is required, but at least half of the legal number of members of the community representation is required. The respective regulations for the decision-making of the local authority shall remain unaffected.(2) The list of proposals shall take appropriate account of all groups of the population by sex, age, occupation and social position. It must contain birth names, surnames, first names, day and place of birth, residence address and profession of proposed persons.(3) The list of proposals shall be set up in the municipality for one week in any one of the views of the authorities. The date of the application shall be made public in advance.(4) At least twice as many persons shall be included in the lists of proposals in the district of the Local Court, as determined as the required number of main and auxiliary spoons in accordance with § 43. Distribution to the municipalities of the district is made by the President of the District Court (President of the Local Court) based on the number of inhabitants of the municipalities.

Footnote

(+ + + § 36 para. 2: For the application see Art. 9 (9) G v. 9.12.1974 I 3393 (to be applied in this version for the first time to the term of office from 1.1.1977) + + +) Non-official table of contents

§ 37

against the The list of proposals may be submitted within one week, calculated from the end of the period of application, in writing or in the form of minutes, on the grounds that persons not included in the list of proposals shall be included in the list of proposals not included in the list of proposals for the or according to § § 33, 34) should not be included. Non-official table of contents

§ 38

(1) The congregation authority shall send the list of proposals together with the appeals to the judge at the District Court of the District.(2) If, after the submission of the list of proposals, its correction is required, the head of the congregation shall notify the judge to the District Court accordingly. Non-official table of contents

§ 39

The judge at the District Court brings together and prepares the list of proposals of the municipalities to the list of counties the decision on the objections. He has to examine the compliance with the provisions of Section 36 (3) and to arrange for the removal of any defects. Non-official table of contents

§ 40

(1) A committee meets every fifth year at the District Court.(2) The Committee shall consist of the Judge at the Local Court as Chairman and an Administrative Officer to be appointed by the Land Government, as well as seven confidants as co-sitters. The State Governments are empowered to regulate, by means of a regulation, the responsibility for the determination of the administrative officer by way of derogation from the first sentence. You can transfer this authorisation to the supreme state authorities by means of a legal regulation.3. The persons of confidence shall be from the inhabitants of the district court district from the representation of the lower administrative district corresponding to it by a majority of two thirds of the members present, but at least half of the number of members. The respective regulations for the decision-making of this representation remain unaffected. If the district court comprises a number of administrative districts or parts of several administrative districts, the competent national supreme authority shall determine the number of persons of trust to be elected by the offices of those administrative districts.The Committee shall be quorum if at least the Chairperson, the Administrative Officer and three persons of the Confidence are present. Non-official table of contents

§ 41

The committee decides by a simple majority on the objections raised against the proposal list. In the event of a tie, the Chairperson shall vote. The decisions shall be recorded in the minutes. They are not countervailable. Non-official table of contents

§ 42

(1) The committee shall elect from the reported list of proposals by a majority of two-thirds of the votes for the next five business years:
1.
the required number of shrews;
2.
the required number of people who come to the site of waving spoons or in the cases of § § 46, 47 are required as a spoon (auxiliary spoons). Persons who live at the headquarters of the Local Court or in the nearest surrounding area are to be elected.
(2) The election should ensure that all groups of the population are appropriate according to gender, age, occupation and social status. be taken into account. Non-official table of contents

§ 43

(1) The number of main and auxiliary spoons required for each district court is determined by the President of the Regional Court (President of the Local Court).(2) The number of main spoons is to be calculated in such a way that it is expected that each day shall be used for no more than twelve ordinary sessions of the year.

footnote

(+ + + § 43 para. 2: For application see Art. 9 (9) G v. 9.12.1974 I 3393 (to be applied in this version for the first time to the term of office from 1.1.1977) + + +) Non-official table of contents

§ 44

The names of the The elected main spoons and auxiliary spoons shall be included in separate lists (Schöffenlists) at each local court. Non-official table of contents

§ 45

(1) The days of the regular session of the Schöffengericht are determined in advance for the entire year.(2) The order in which the main spoons participate in the individual regular meetings of the year shall be determined by draw at the public meeting of the Local Court. If a number of spoons are set up in a local court, the draw may be effected in such a way as to ensure that each main spoon participates only in the meetings of a spoon court. The draw shall be carried out in such a way as to ensure that each of the lofty main haters is used for as long as possible twelve days ' sitting. The first sentence shall be applicable to the order in which the auxiliary spoons shall enter the place of the spoons (list of auxiliary spoons), and the second sentence shall not apply to them.(3) The judge shall draw the court to the District Court.(4) The Schöffenlists (Schöffenlists) are conducted by a public official of the office (Schöffenstorstelle). He shall record a record of the draw. The Judge at the District Court notifies the Schöffen from the draw. At the same time, the main spoons are to be informed of the legal consequences of the lack of time, from the days of the sitting to which they must act. A spoon, which is only used during the course of the financial year for a day of sitting, must then be notified in the same way.

Footnote

(+ + + § 45: For application cf. Art. 8 (8) G v. 5.10.1978 I 1645; to be applied for the first time in this version to the term beginning on 1.1.1981
The previous version of § 45 reads: " § 45 (1) The days of the ordinary sessions of the Schöffengericht are in advance for the whole year noted.(2) The order in which the main spoons participate in the individual regular meetings of the year shall be determined by draw at the public meeting of the Local Court. The draw shall be carried out in such a way as to ensure that each of the lofty main haters is used for as long as possible twelve days ' sitting.(3) The judge shall draw the court to the District Court.(4) A protocol shall be recorded by the Office of the Office of the Office of the Office of the Office of the Office of the Office. " + + +)
(+ + + § 45 para. 2 sentence 3 (earlier sentence 2): For application see Art. 9 (9) G v. 9.12.1974 I 3393; for the first time on the term of office as of 1.1. 1977 to apply + + +) Non-official table of contents

§ 46

A further public court will be formed in a local court during the financial year, the main spoons required for their regular meetings shall be drawn from the list of auxiliary spoons in accordance with section 45 (1), 2 sentence 1, para. 3, 4. The out-of-the-box spoons are deleted from the list of auxiliary spoons.

Footnote

(+ + + § 46: To use idF d. Art. 2 No. 3 G v. 5.10.1978 I 1645 mWv 1.1.1979 cf. Article 8 (8) of this Act (first to apply to the term of office beginning on 1 January 1981).
The previous version of § 46 reads: " § 46 (1) The judge at the District Court sets the spoons from their draw and the days of the session in which they are to enter into action, with reference to the legal consequences of staying in the court of law. Knowledge.(2) In the same way, the spoons to be convened in the course of the financial year shall be notified. " + + +) Non-official table of contents

§ 47

If the stores require extraordinary sessions to be scheduled, or if the business is required to If it is necessary to attend meetings other than those initially appointed, or supplementary spoons, the list shall be drawn from the list of auxiliary spoons. Non-official table of contents

§ 48

(1) Supplemental spoons (§ 192 para. 2, 3) are assigned from the list of auxiliary spoons.(2) In the case of the prevention of a main spoon, the supplementary spoon initially assigned shall also replace it if the prevention becomes known before the beginning of the session. Non-official table of contents

§ 49

(1) If assistance spoons are required at individual sessions (§ § 47, 48 (1)), they will be used from the list of the list of auxiliary spoons in their order.(2) If a main spoon is removed from the list of spoons, the auxiliary tray, which shall be in the next position after the order of the list of auxiliary spoons, shall, under its deletion in the list of auxiliary spoons, replace the main spoon which has been painted. The Schöffen Secretariat notifies the new main spoon in accordance with § 45 (4) sentence 3, 4.(3) In order to determine the order, the receipt of the order or determination resulting from the need for use shall be at the office of the Schöffer office. The Schöffen office shall record the date and time of receipt on the order or determination. In the order in which it is received, it shall assign the auxiliary spoons referred to in paragraph 1 to the various meetings, or transfer them to the main list of spoons in accordance with paragraph 2. If a number of orders or findings are simultaneously received, transfers from the list of auxiliary spoons to the main list of spoons referred to in paragraph 2 shall be in alphabetical order of the surnames of the list of the names of the names of the spoons In addition, the alphabetical order of the surnames of the first defendants shall be the decisive factor.(4) If an auxiliary spoon is assigned to a day of sitting, it shall be withdrawn only after all other auxiliary spoons have also been assigned or removed from the service or have not been reached (§ 54). This also applies if, even after he has been assigned, he has been relieved of the service or has not been attainable.

footnote

(+ + + § 49 (2) sentence 2, para. 3: for application cf. Art. 8 (8) G v. 5.10.1978 I 1645 (to be applied for the first time to the term beginning on 1.1.1981) + + +) unofficial table of contents

§ 50

The duration of the period of a sitting beyond the time for which the spoon is first convened, he shall continue his duties until the end of the sitting. Non-official table of contents

§ 51

(1) A spoon is to be removed from office if he is violating his official duties.(2) The decision shall be taken by a criminal senate of the Oberlandesgericht at the request of the Judge of the District Court by a decision after hearing the Public Prosecutor's Office and the Spoon concerned. The decision shall not be countervailable.(3) The Senate competent pursuant to the first sentence of paragraph 2 may order that the spoon shall not be drawn to meetings until the decision on the impeachment is taken. The arrangement shall not be countervailable. Non-official table of contents

§ 52

(1) A spoon is to be deleted from the list of spoons if
1.
its inability to become a spoon's office or becomes known, or
2.
Circumstances occur or become known in the presence of which a call to the Schöffenamt is not to be made.
In the case of § 33 No. 3, however, this only applies if the spoon give up his residence in the District Court.(2) A spoon from the list of spoons shall be deleted upon his application if he/she
1.
is resident in the The District Court District in which it operates, or
2.
has participated in more than 24 sessions during a fiscal year.
Main spoons will only effect the deletion for meetings that will start later than two weeks after the day the application enters the office of the Schöffenbusiness. If an auxiliary spoon has already received a communication on his use for a given day, his removal shall take effect only after the conclusion of the main hearing commenced on that date.(3) If the spoon is deceased or moved from the district court district, the judge shall assign his deletion to the District Court. In addition, after hearing the public prosecutor's office and the person concerned, he decides.(4) The decision shall not be countervailable.(5) Where an auxiliary spoon is transferred to the main public list, the services to which he was previously used as an auxiliary spoon shall be submitted.(6) If the original number of the auxiliary spoons in the list of auxiliary spoons has been reduced to one half, the existing list of proposals shall be replaced by a supplementary election by the committee which had made the choice of spoons. The Judge at the Local Court may depart from the supplementary election if it has to take place in the last six months of the period for which the spoons are elected. In order to determine the order of the new auxiliary spoons, § 45 shall apply accordingly, with the proviso that the places following the spoons standing at the last position of the draw list at the time of the draw are to be illuminated. Non-official table of contents

§ 53

(1) Rejections are to be taken into account only if they are within a week after the participating spoon of of his convocation, he shall be relied upon. If they have subsequently been created or become known, the time limit shall be calculated from that date.(2) The judge at the District Court shall decide on the application after hearing the Public Prosecutor's Office. The decision shall not be countervailable. Non-official table of contents

§ 54

(1) The judge at the District Court may have a spoon at his request for any obstacles that have occurred from the Service service on certain days of the session. There is an obstacle to the problem if the scoop on the service is prevented by inapplicable circumstances or if the service cannot be attributed to it.(2) The prevention of a spoon shall be the same for the use of auxiliary spoons if the spoon cannot be reached. A spoon who does not find himself in the session and whose appearance is not likely to be brought about without a significant delay in its beginning shall be deemed unattainable. An auxiliary spoon shall be deemed not to be reached even if his use would require a postponement of the trial or a substantial delay in the commencement of the proceedings. The decision that a spoon cannot be reached shall be taken by the judge at the local court. § 56 shall remain unaffected.(3) The decision shall not be countervailable. The application referred to in paragraph 1 and the decision shall be made to the person to be informed. Non-official table of contents

§ 55

The committee's spoons and trusted staff receive compensation in accordance with the Justice Remuneration and Confidentiality Agreement. -indemnity law. Non-official table of contents

§ 56

(1) The committee's spoons and confidants, who do not have enough apology to the meetings cannot be found in time or otherwise withdraw from their obligations in other ways, shall be subject to a monetary policy. At the same time, they are also subject to the costs incurred.(2) The decision shall be taken by the judge at the District Court after hearing the Public Prosecutor's Office. In the event of a subsequent sufficient apology, the decision may be withdrawn wholly or in part. The decision shall be admissible against the decision of the person concerned in accordance with the provisions of the Code of Criminal Procedure. Non-official table of contents

§ 57

To which day the list of proposals must be drawn up and submitted to the judge at the local court, who shall: The Committee shall be appointed and the opening of the public shall be determined by the State Administration of Justice. Non-official table of contents

§ 58

(1) The state governments are authorized to act by legal decree to a district court for the counties of several To assign the criminal cases in whole or in part, decisions of a certain type in criminal matters and requests for legal assistance in criminal matters from places outside the territorial scope of this Act, provided that the Summary of the appropriate promotion or faster execution of the procedures is appropriate. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation.(2) Where a common public court is established for the districts of several local courts, the President of the District Court (President of the Local Court) shall designate the necessary number of main and auxiliary spoons and the distribution of the number of Main spoons on the individual district court districts. Where the seat of the Local Court, in which a common public court is established, a city comprising the districts of the other administrative courts or parts thereof, the President of the District Court (President of the Local Court) shall distribute the number of Auxiliary spoons on these local courts; the State Justice Department may take out certain local courts. The President of the Local Court shall replace the President of the Regional Court only if all the local courts involved are subject to his/her official supervision.(3) The remaining provisions of this Title shall apply accordingly.

Fifth Title
Regional Courts

unofficial table of contents

§ 59

(1) The county courts will be filled with a president, as well as chairmen and other judges.(2) At the same time, a further judicial authority may be transferred to the judge at a local court.(3) Judges may be used on sample and judge by order. Non-official table of contents

§ 60

In the county courts, civil and penal chambers are formed. unofficial table of contents

§ § 61 to 69 (omitted)

unofficial table of contents

§ 70

(1) Insofar as the representation of a member is not possible by a member of the same court, it will be at the request of the Bureau by the CountryJustice Administration ordered.(2) The assignment of a judge to a test or to a judge by force is to be pronounced for a certain period of time and shall not be revoked before the expiry of that period.(3) The state-of-the-art regulations, according to which judicial transactions can only be carried out by judges appointed by life-time, remain untouched, as well as those which govern the representation by judges appointed by life-time. Non-official table of contents

§ 71

(1) Before the Civil Chambers, including the Chambers of Commercial Matters, all civil Disputes which are not assigned to the Local Courts.(2) The county courts are solely responsible for the value of the subject matter of the dispute
1.
for the claims made against the Treasury on the basis of the officials ' laws;
2.
for the claims against judges and civil servants for exceeding their official powers or for inviolable omission of official acts;
3.
for claims relating to: a false, misleading or misplaced public capital market information, the use of false or misleading public capital market information or the omission of the information provided that a public Capital market information is false or misleading;
4.
for procedures according to
a)
(omitted)
b)
the § § 98, 99, 132, 142, 145, 258, 260, 293c and 315 of the German Stock Corporation Act,
c)
§ 26 of the SE Implementation Act,
d)
§ 10 of the Transform Act,
e)
the SpruchProcedure Act,
f)
§ § 39a and 39b of the German Securities Acquisition and Takeover Act
(3) The national legislation is left to the state or a corporation of the The Court of Justice shall, without regard to the value of the object of the dispute, assign exclusively to the District Courts the public right of disposal of the administrative authorities and the claims for public charges.(4) The State Governments shall be empowered to transfer, by means of a legislative decree, the decisions in proceedings referred to in paragraph 2 (4) (a) to (e) to a district court for the districts of several district courts, if this is to safeguard a uniform Jurisprudence serves. You can transfer the empowerment to the State Justice Administrations.

Footnote

§ 71 para. 2: Am. by G v. 26.6.1981 I 553 acc. BVerfGE v. 19.10.1982 I 1493 incompatible with Art. 70 GG and therefore void Non-official table of contents

§ 72

(1) The civil chambers, including the Chambers for Commercial matters, the courts of appeal and appeal courts are in the civil disputes which have been negotiated before the local courts, unless the jurisdiction of the Higher Regional Courts is justified. The District Courts are also the appellate courts in deprivation of liberty and in the matters decided by the care courts.(2) In disputes pursuant to § 43 (1) to (4) and (6) of the Housing Property Act, the District Court, which is responsible for the seat of the Higher Regional Court, is the Court of Appeal of the District of the Higher Regional Court in which the District Court of Appeal has its seat. The state governments are authorized to designate another district court in the district of the Oberlandesgericht by means of a decree law instead of this court. You can transfer the empowerment to the State Justice Administrations. Non-official table of contents

§ 73

(1) The Trial Chambers decide on appeals against the judge's orders at the District Court and against Decisions of the judge at the Local Court and the Schöffengericht.(2) The Trial Chambers shall also carry out the transactions assigned to the District Courts in the Criminal Procedure Code. unofficial table of contents

§ 73a

(omitted) unofficial Table of Contents

§ 74

(1) The Trial Chambers are the discerning courts of the first legal suit in charge of all crimes that do not belong to the jurisdiction of the Local Court or the Higher Regional Court. They are also responsible for all offences in which a higher sentence than four years ' imprisonment or placement in a psychiatric hospital, alone or in addition to a sentence, or in security custody, is to be expected or to be which the Public Prosecutor's Office charges in the case of Section 24 (1) (3) of the Prosecutor's Office in the District Court.(2) For the crimes
1.
of the sexual abuse of children with death sequence (§ 176b of the Criminal Code),
2.
sexual coercion and rape with death order (§ 178 of the Criminal Code),
3.
of the sexual abuse of resilient persons with death sequence (§ 179 para. 7 in conjunction with § 178 of the Criminal Code),
4.
of the murder (§ 211 of the Penal Code),
5.
of the manslaughter (§ 212 of the Penal Code),
6.
(omitted)
7.
the suspension with death sequence (§ 221 para. 3 of the Criminal Code),
8.
the bodily injury with death sequence (§ 227 of the Criminal Code),
9.
The deprivation of minors with death sequence (§ 235 para. 5 of the Penal Code),
9a.
the relegation with death sequence (§ 238 (3) of the Criminal Code),
10.
of the deprivation of liberty with death sequence (§ 239 (4) of the Penal Code),
11.
of extortionate human robbery (§ 239a para. 3 of the penal code),
12.
Hostage-taking with death sequence (Section 239b (2) in conjunction with Section 239a (3) of the Criminal Code),
13.
of the robbery with death order (§ 251 of the Code of Death). Criminal code),
14.
of the predatory theft of death (§ 252 in conjunction with § 251 of the Criminal Code),
15.
the predatory extortion with death sequence (§ 255 in conjunction with § 251 of the Penal Code),
16.
the arson with death sequence (§ 306c of the penal code),
17.
the execution of an explosion by nuclear energy (§ 307 (1) to (3) of the Criminal Code),
18.
of the execution of an explosion of explosives with death sequence (§ 308 para. 3 of the Criminal Code) Penal Code),
19.
The abuse of ionizing radiations against an unmistakable number of people (§ 309 para. 2 and 4 of the Penal Code),
20.
The defective manufacture of a nuclear plant with death sequence (§ 312 para. 4 of the Criminal Code),
21.
the execution of a flood with death sequence (§ 313 in conjunction with § 308 para. 3 of the Penal Code),
22.
the communal poisoning with death sequence (§ 314 in conjunction with § 308 para. 3 of the penal code),
23.
the predatory attack on drivers with death sequence (§ 316a para. 3 of the Penal Code),
24.
Attack on air and sea transport with death sequence (Section 316c (3) of the Criminal Code),
25.
Damage to important installations with death sequence (§ 318 para. 4 of the German Criminal Code) Penal Code),
26.
an intentional environmental crime with a death sequence (§ 330 para. 2 no. 2 of the Criminal Code),
27.
the severe endangerment caused by release of poisons with death sequence (§ 330a paragraph 2 of the Penal Code),
28.
the body injury in the office with death sequence (§ 340 paragraph 3 in conjunction with § 227 of the Penal Code),
29.
of abusing, administering or leaving narcotics for immediate use with death order (§ 30 paragraph 1 point 3 of the Narcotics Act),
30.
the enrolment with death sequence (§ 97 paragraph 1 of the Residence Act)
is a criminal court in charge of the court of the law. § 120 shall remain unaffected.(3) The Trial Chambers are also responsible for the hearing and the decision on the appeal against the judgments of the Criminal Court and the Schöffengericht (Court of Criminal Court). Non-official table of contents

§ 74a

(1) The district court in whose district a Higher Regional Court has its registered office is a Trial Chamber for the District Court. District of this Higher Regional Court as a discernment court of the first legal train responsible for criminal offences
1.
The Peace betrayal in the cases of § 80a of the Penal Code,
2.
Threat to the Democratic Rule of law in the cases of § § 84 to 86, 87 to 90, 90a para. 3 and § 90b of the Criminal Code,
3.
The endangerment of the national defence in the cases of § § 109d up to 109g of the Criminal Code,
4.
the infringement of a prohibition of association in the cases of § 129, also in conjunction with Section 129b (1), of the Criminal Code and Section 20 (1), first sentence, No. 1 to 4 of the Law of the Association; this does not apply if the same act constitutes an offence under the Narcotics Act,
5.
Abduction (Section 234a of the Criminal Code) and
6.
The political suspicion (§ 241a of the Criminal Code).
(2) The jurisdiction of the regional court is no longer applicable, if the General Federal Prosecutor takes over the prosecution before the opening of the main proceedings, on account of the particular importance of the case, unless the competence of the Federal Prosecutor is the responsibility of the Federal Prosecutor, unless the duty of the Federal Prosecutor pursuant to Section 142a (4) or the transfer pursuant to Section 120 (2) sentence 3 The country courts are justified.(3) In the matters in which the Trial Chamber is competent pursuant to paragraph 1, it shall also take the decisions referred to in Article 73 (1).(4) For the arrangement of measures pursuant to § 100c of the Code of Criminal Procedure, a chamber not covered by the main proceedings in criminal matters is in the district courts, in whose district a Higher Regional Court has its seat, for the district of this Oberlandesgericht Responsible.(5) Within the framework of paragraphs 1, 3 and 4, the district of the Regional Court shall extend to the district of the Higher Regional Court. Non-official table of contents

§ 74b

In the case of youth protection matters (§ 26 (1) sentence 1), in addition to the Trial Chamber responsible for general criminal matters, it is also The Youth Chamber is responsible for the recognition of the first legal suit. § 26 para. 2 and § § 73 and 74 shall apply accordingly. Non-official table of contents

§ 74c

(1) For offenses
1.
according to the patent law, the utility model law, the Semiconductor Protection Act, the Plant Variety Protection Act, the Trademark Act, the Design Act, the Copyright Act, the law against the unfair competition, the insolvency order, the German Stock Corporation Act, the law on the accounting of certain companies and groups, the law on limited liability companies, the Commercial Code, the SE-Implementation Act, the Act on the Implementation of the EEC Regulation on the European Economic Interest Grouper, the Cooperative Law, the SCE Implementing Act and the Transformation Act,
2.
in accordance with the laws on banking, deposit, stock exchange and credit, as well as the Insurance Supervision Act, the Payment Services Supervision Act and the Securities trading law,
3.
under the Economic Criminal Law of 1954, the Foreign Trade Act, the Foreign Currency Management Act and the Financial Monopol, Tax and Customs legislation, even in so far as the criminal provisions are applicable in accordance with other laws; this does not apply if the same act constitutes a criminal offence under the Narcotics Act, and not for tax offences which are subject to the vehicle tax
4.
according to the Wine Law and Food Law,
5.
of the subsidy fraud, the investment fraud, the credit fraud, the bankruptcy, the breach of the accounting obligation, the creditor's favour and the beneficiary's benefit,
5a.
Restrictive agreements in the case of invitations to tender and the bribery and bribery in commercial transactions,
6.
a)
the fraud, computer fraud, the infidelity, the pre-contained and the embezzling of work charges, the usury, the benefit, the bribery, the benefit and the bribery,
b)
according to the law on the transfer of employees and to the " Schwarzarbeitsfought gesetz,
is, to the extent that special knowledge of economic life is required for the assessment of the case,is, insofar as in accordance with Section 74 (1) as the court of the first legal proceedings and in accordance with Section 74 (3) for the hearing and decision on the appeal of appeal against the judgments of the Schöffengericht jurisdiction is the District Court, a Trial Chamber in charge of the Economic Criminal Court. § § 120 and 120b remain unaffected.(2) In the cases in which the Chamber of Economic Criminal Law is competent pursuant to paragraph 1, it shall also take the decisions referred to in Article 73 (1).(3) The State Governments are empowered to assign, in order to promote or accelerate the execution of the proceedings by means of a legal regulation, a district court for the districts of several district courts, in whole or in part, criminal cases which are to be found in the (1) shall be subject to the provisions of paragraph 1. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation.(4) Within the framework of paragraph 3, the district of the then designated regional court shall extend to the districts of the other county courts. Non-official table of contents

§ 74d

(1) The state governments are authorized to issue a legal decree to a district court for the districts of several To assign land courts to the criminal matters referred to in Article 74 (2), provided that this serves the purpose of factual promotion of the proceedings. The state governments can transfer the authorization to the Land Justice Administrations.(2) (omitted)

footnote

(+ + + § 74d para. 2: for the application of the article by Art. 2 No. 8 G v. 5.10.1978 I 1645 mWv 1.1.1979 deed. Article 2 (2) Art. 8 (8) of this G (to be applied for the first time to the term of office beginning on 1.1.1981)
The previous version of § 74d reads: " § 74d (1) The state governments are authorized, by means of a legal decree, to a district court for the districts for assigning the criminal cases referred to in Article 74 (2), provided that this serves the purpose of promoting the procedures in fact. The state governments can transfer the authorization to the Land Justice Administrations.(2) The State Administration of Justice shall distribute the number of the necessary main spoons to all the local courts of the district formed by the legal regulation referred to in paragraph 1. " + + +) Non-official table of contents

§ 74e

Under various criminal chambers competent in accordance with § § 74 to 74 d of the criminal law, the following shall be: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
first and foremost the Court of Appeal (§ 74 para. 2, § 74 d),
2.
in second line of the Economic Criminal Chamber (§ 74 c),
3.
in the third line of the Trial Chamber pursuant to § 74 a
is the priority. Non-official table of contents

§ 74f

(1) In the first legal train, a Trial Chamber has reserved the order for safekeeping, or in the case of the § § 66b of the Criminal Code as a criminal court, this Trial Chamber is in the first legal proceedings for the trial and decision on the reserved or the subsequent order of the safekeeping custody.(2) If, in the case of § 66b of the Criminal Code in the first legal suit, only the district court has decided as a criminal court, in the first legal proceedings a Trial Chamber of the District Court, which is the parent of the court, is responsible for the negotiation and decision on the subsequent order of the security custody.(3) In the case of § 66b of the Criminal Code, § 462a (3) sentences 2 and 3 of the Code of Criminal Procedure shall apply accordingly.(4) In proceedings in which the order of protection is to be decided upon in the judgment or the subsequent order of detention, the large Trial Chamber shall be filled with three Judges, including the Chairman and two Schöffen. When decisions are taken outside the main negotiation, the spoons do not act. Non-official table of contents

§ 75

The civil chambers are, if not according to the rules of the process laws, in place of the chamber of the individual judges , with three members, including the chairman, to decide. Non-official table of contents

§ 76

(1) The Trial Chambers are with three judges, including the Chairman and two Schöffen (large Trial Chamber), in proceedings concerning appeals against a judgment of the Criminal Court or the Schöffengericht, with the Chairman and two Schöffen (small Trial Chamber). When decisions are taken outside the main negotiation, the spoons do not act.(2) At the opening of the main proceedings, the large Trial Chamber shall decide on its occupation in the main trial. If the main proceedings have already been opened, it shall decide on this when the appointment to the main hearing is scheduled. It decides a cast with three judges, including the chairman and two spoons, if
1.
it is responsible as a jury court,
2.
the placement of the accommodation in the backup, whose reservation or arrangement of accommodation in a psychiatric hospital is to be expected or
3.
according to the extent or difficulty of the case, the Participation of a third judge appears to be necessary.
In other respects, the large Trial Chamber decides to fill in two judges, including the Chairman and two Schöffen.(3) The participation of a third judge in accordance with paragraph 2, third sentence, point 3 is usually necessary if the main trial is expected to last longer than ten days or if the large Trial Chamber is responsible as an Economic Criminal Court.(4) Where the Trial Chamber has decided to occupy two Judges, including the Chairman and two spoons, and before the start of the main negotiation, new circumstances arise which, in accordance with the provisions of paragraphs 2 and 3, shall be filled with three Judges including the Chairperson and two Schöffen, it shall decide such a filling.(5) If a case has been referred back by the Revisional Court or if the main hearing has been suspended, the respective competent Trial Chamber may again decide on its occupation in accordance with the provisions of paragraphs 2 and 3.(6) A second judge is to be added to proceedings concerning appeals against a judgment of the extended Schöffengericht (§ 29 para. 2). Outside the main negotiation, the chairman decides alone. Non-official table of contents

§ 77

(1) For the spoons of the Trial Chambers, the rules governing the spoons of the Schöffengericht shall apply in accordance with with the following conditions: (2) The President of the Regional Court shall distribute the number of the necessary main spoons for the Trial Chambers to the District Court District of the District of the District Court. The auxiliary spoons shall elect the committee to the district court in whose district the district court has its seat. If the district court has its head office outside of its district, the Land Justice Department shall determine which committee of the local courts belonging to the district of the district court elects the auxiliary spoons. If the seat of the Regional Court is a city which includes the districts of two or more local courts or parts thereof belonging to the district of the district court, the election of the auxiliary spoons shall be deemed to be the case by the committees set up at these local courts. according to; the State Justice Department may take out certain local courts. The names of the elected main spoons and the auxiliary spoons shall be communicated to the President of the Regional Court by the judge at the District Court. The President of the Regional Court brings together the names of the main spoons to the list of the Land Courts.(3) In the case of the judge at the Local Court, the order in which the main spoons participate in the individual ordinary meetings shall be replaced, and the order in which the auxiliary spoons shall be replaced by the spoons shall be replaced by the order in which the auxiliary spoons shall be replaced, the President of the Landgericht; § 45 (4) sentence 3, 4 shall apply accordingly. If the spoon deceased or moved from the district court district, the chairman of the Trial Chamber orders the deletion from the spoon list; in other cases, the decision as to whether a spoon is to be deleted from the spoon's list shall be , as well as the grounds for rejection brought by a Schöffen from a Trial Chamber. Furthermore, the chairman of the Trial Chamber shall be replaced by the judge at the District Court.(4) An honorary judge may be appointed for the same financial year only either as a spoon for the public court or as a spoon for the Trial Chambers. If, for the same financial year in one district, a person has been appointed to several of these offices or in several districts to these offices, the convener shall take over the office to which he is first convened.(5) Paragraph 52 (2), first sentence, No. 1 shall not apply. Non-official table of contents

§ 78

(1) The state governments are authorized to become the seat of a national government by means of a legal decree. A local court in a district court for the district of one or more local courts to form a Trial Chamber and to assign to it the entire activity of the Trial Chamber of the Regional Court or a part of that activity for that district. The crimes referred to in § 74 (2) may not be assigned to a Trial Chamber formed in accordance with sentence 1. The state governments can transfer the authorization to the Land Justice Administrations.(2) The Chamber is occupied by members of the District Court or Judges at the District Court of the District for which it is formed. The Chairman and the other members shall be designated by the Bureau of the Regional Court.(3) The President of the Regional Court shall distribute the number of the main spoons necessary to the district of the district of the Trial Chamber. The auxiliary spoons shall elect the committee at the local court in which the foreign criminal chamber has been formed. The other business assigned to the President of the Regional Court in Section 77 is the chairman of the Trial Chamber.

5a. Title
Prison Enforcement Chambers

Non-official table of contents

§ 78a

(1) In the district courts, where in the district for adults, where a custodial sentence or custodial measure of the improvement and security is carried out, or where other law enforcement authorities have their head office in their district, or where the law of the law enforcement authorities is . These are responsible for the decisions
1.
in accordance with § § 462a, 463 of the Code of Criminal Procedure, to the extent that: does not result in anything else from the criminal procedure,
2.
in accordance with § 50 (5), § 109, 138 (3) of the Penal Code,
3.
in accordance with § § 50, 58 (2), § 84g paragraph 1, § § 84j, 90h § 1, § 90j paragraphs 1 and 2 and § 90k paragraphs 1 and 2 of the Act on International Legal Assistance in Criminal matters.
According to Section 454b (3) of the Code of Criminal Procedure on the suspension of the execution of several custodial sentences at the same time, a Trial Chamber shall decide on the suspension of the execution of all of the sentences. Penalties.(2) The State Governments shall, by means of a decree in accordance with the provisions of the first sentence of the first sentence of paragraph 1, point out criminal cases for the counties of the district courts in which there are no chambers of law enforcement. The State Governments shall be empowered to grant, by means of a regulation to one of the district courts designated in paragraph 1, the criminal cases falling within the jurisdiction of the Trial Chambers for the districts of several county courts, and to: determine that prison chambers shall have their registered office within their district, either or exclusively in places where the district court has not established its registered office, provided that such provisions are intended to promote or accelerate the execution of such a case of the procedures. The national governments may transfer the appropriations in accordance with sentences 1 and 2 by means of a legal regulation to the national justice administrations.(3) In the case of a country holding an institution, a custodial sentence or a custodial measure of freedom and security, in the territory of another country, the participating countries may agree that the The court is responsible for the jurisdiction of the district court in whose district the supervisory authority responsible for the institution is situated. Non-official table of contents

§ 78b

(1) The penal enforcement chambers are occupied
1.
in proceedings on the suspension of the execution of the rest of a life sentence or the Suspension of the execution of the accommodation in a psychiatric hospital or in the safekeeping of three judges, including the chairman,
2.
in other cases with a judge.
(2) The members of the sentencing chambers will be members of the District Court from the county's Bureau and the judge appointed in his district at the District Court.

Sixth Title
Schwurgerichte

Non-official table of contents

§ § 79 to 92 (omitted)

Seventh title
Chambers for Commercial Matters

Non-official table of contents

§ 93

(1) The state governments are authorized to do so by means of a legal decree in the district courts for their districts or for to form locally defined parts thereof Chambers for commercial matters. Such chambers may also have their seat within the district court district in places where the district court does not have its seat.(2) The State Governments may transfer the authorisation referred to in paragraph 1 to the State Justice Administrations. Non-official table of contents

§ 94

If a district court has formed a Chamber of Commercial Matters, this Chamber shall be responsible for the commercial matters. Body of Civil Chambers in accordance with the following provisions. Non-official table of contents

§ 95

(1) Commercial matters within the meaning of this Act are the civil litigation in which the lawsuit is filed Claim is made as follows:
1.
against a merchant within the meaning of the Commercial Code, provided that he/she is in the commercial register or cooperative register is registered or is not required to be registered on the basis of a special legal regime for legal persons under public law, from transactions which are for both parts of commercial transactions ,
2.
from a change in the sense of the Exchange Act or from any of the documents referred to in § 363 of the Commercial Code;
3.
based on the Scheckgesetz;
4.
from one of the following legal relationships:
a)
from the legal relationship between the members of a trading company or cooperative, or between them and their members, or between the silent partner and the proprietor of the commercial business, both during the period of existence and after the dissolution of the company relationship, and the legal relationship between the members of the or the liquidators of a trading company or cooperative and of the company or its members;
b)
from the legal relationship, which is the right to Use of the trading company;
c)
from the legal relationships relating to the protection of trademarks and other trademarks and registered designs. ;
d)
from the legal relationship resulting from the acquisition of an existing trading business between the previous holder and the acquirer;
e)
from the legal relationship between a third party and the person who is liable for lack of proof of the proxy or power of action;
f)
from the legal relationships of the Law of the Sea, in particular those relating to the shipping company, the rights and obligations of the shipowner or ship owner, the correspondent and the ship's crew, on the haverei, on the compensation for damages in the event of the collision of ships, on the rescue and on the claims of the ship ' s creditors;
5.
due to the law against unfair competition;
6.
from § § 21, 22 and 24 of the Securities Prospectus Act or § § 20 to 22 of the Property Law.
(2) Commercial matters within the meaning of this Act are also
1.
the legal disputes in which the jurisdiction of the regional court pursuant to § 246 (3) sentence 1, § 396 para. 1 sentence 2 of the German Stock Corporation Act, § 51 para. 3 sentence 3 or § 81 (1) sentence 2 of the Cooperative Act, § 87 of the Act against restrictions on competition, unless it is an antitrust claim for damages, and Article 13 (4) of the EC Consumer Enforcement Act,
2.
the procedures referred to in § 71, paragraph 2, No. 4, point (b) to (f).
Table of contents

§ 96

(1) The lawsuit is negotiated before the Chamber for Commercial Matters, if the plaintiff has requested this in the application.(2) If, in accordance with the provisions of § § 281, 506 of the Code of Civil Procedure, a legal dispute is to be referred by the District Court to the District Court, the plaintiff has to file the request for proceedings before the Chamber of Commercial Matters before the District Court. Non-official table of contents

§ 97

(1) If a lawsuit is not brought before the Chamber of Commercial Matters before the Chamber is brought to trial, the Litigation at the request of the defendant to refer to the civil chamber.(2) In the event that the action or the counterclaim raised in the case of § 506 of the Code of Civil Procedure does not belong before the Chamber of Commercial Matters, it shall also be entitled to refer the case to the Civil Chamber for as long as the case does not include an action. The main proceedings are under negotiation and a decision has been made on this. The transfer of office cannot be done on the grounds that the defendant is not a merchant. A non-official table of contents

§ 98

(1) If a lawsuit is brought before the Chamber of Commerce before the Chamber of Commercial Matters, the proceedings are brought to trial. to refer the dispute to the Chamber for Commercial Matters at the request of the defendant. A defendant who is not registered in the commercial register or the register of cooperative societies cannot base the application on the fact that he is a merchant.(2) The request shall be rejected if the counterclaim raised in the case of Section 506 of the Code of Civil Procedure would not belong to the Chamber for Commercial Matters as a claim.(3) The civil chamber is not authorised to act on its own merits.(4) The civil chamber shall be entitled to revalue the application even if the plaintiff has consented to it. Non-official table of contents

§ 99

(1) In a case pending before the Chamber of Commercial Matters, the lawsuit shall be filed in accordance with Section 256 (2) of the If the application for a determination of a legal relationship extends or a counterclaim is filed and if the extended action or the counterclaim is not filed before the Chamber in the case of commercial matters, the lawsuit shall be on request of the opponent to the civil chamber.(2) Under the restriction of section 97 (2), the board is also entitled to refer to the expulsion of the office of its own motion. This power shall also apply where a change of action makes a claim which does not belong before the Chamber of Commercial Matters. Non-official table of contents

§ 100

§ § 96 to 99 are applicable to the proceedings in the second legal right before the Chambers for Commercial Matters , Non-official table of contents

§ 101

(1) The request for referral of the dispute to another chamber is only prior to the negotiation of the Applicant may be admitted to the cause. If, before the oral proceedings, the applicant has set a time-limit for his or her reply or appeal, he shall submit the application within the time limit. Section 296 (3) of the Code of Civil Procedure shall apply accordingly; the reason for the apology shall be made credible at the request of the General Court.(2) The application shall be decided in advance. The decision may be taken without oral proceedings. Non-official table of contents

§ 102

The decision to refer a legal dispute to the civil chamber or to the Chamber for Commercial Matters is cannot be countervailed. If the referral is made to another Chamber, that decision shall be binding on the Chamber to which the dispute is referred. The date for further oral proceedings shall be determined by its own motion and shall be notified to the parties. Non-official table of contents

§ 103

The Chamber for Commercial Matters can claim a claim under Section 64 of the Code of Civil Procedure only if if the dispute is in accordance with the provisions of § § 94, 95 before the Chamber of Commercial Matters. Non-official table of contents

§ 104

(1) If the Chamber of Commercial Matters is referred to the Board of Appeal with a complaint not belonging to it, the Board of Appeal shall be responsible for the complaint shall be referred to the Civil Chamber by its own motion. In the same way the civil chamber, if it is referred to the board of appeal in a commercial matter with a complaint, has to refer the latter to the Chamber for Commercial Matters. The provisions of § 102 sentence 1, 2 shall apply accordingly.(2) A complaint may not be referred to another Chamber if the main matter is pending in the chamber concerned with the appeal or if the Board has already issued a decision on the main matter. Non-official table of contents

§ 105

(1) The Chambers of Commercial Matters decide in the cast with a member of the Regional Court as Chairman. and two honorary judges, unless, in accordance with the rules of the laws of the process, the Board has to decide in place of the Chamber.(2) All members of the Chamber of Commercial Matters shall have equal voting rights.(3) (omitted)

footnote

§ 105 para. 1 italic print: now "trading judge", cf. § 45a German Judge Act 301-1 Non-official table of contents

§ 106 

In the case of Section 93 (1) sentence 2, a judge may be the Chairman of the Chamber of Commercial Matters at the District Court. Non-official table of contents

§ 107

(1) The honorary judges who do not have their place of residence or their commercial establishment at the seat of the Chamber for In the case of commercial matters, days and accommodation expenses shall be paid in accordance with the rules applicable to judges in the district court.(2) The travel expenses shall be replaced by the honorary judges in the appropriate application of § 5 of the Justice and Compensation Act.

Footnote

§ § 107 to 109 italic pressure: now "trading judge", cf. § 45a German Judges Act 301-1 Non-official table of contents

§ 108

The honorary judges shall be appointed for the opinion of the Chambers of Industry and Commerce on the basis of the report Duration of five years; repeated appointment is not excluded.

Footnote

§ § 107 to 109 italic print: now "trading judge", cf. § 45a German Judge Act 301-1 unofficial table of contents

§ 109

(1) Honorary judge can be appointed who
1.
German,
2.
has completed the thirtieth year of life and
3.
as a merchant, board member or managing director of a legal person or as a procurator entered in the commercial register or the cooperative register or registered was not required to be registered as a board member of a legal person under public law due to a statutory special scheme for that legal person.
(2) Those who fulfil these conditions should be appointed only if it resides
1.
in the district of the Chamber of Commercial Matters, or
2.
in this district has a commercial site or
3.
belongs to a company that is located in this district has its seat or establishment.
In addition, only
1.
is to be appointed Prokurist, if he/she assumes a self-employed position in the company which is comparable to the person responsible for his own responsibility,
2.
a member of the board of directors of a Cooperative, if it is a principal professional in a cooperative that takes part in the trade in a similar way to a commercial company.
(3) The honorary judge cannot be appointed who is responsible for the office of a spoon. is incapable or shall not be called to the office of a spoon pursuant to § 33 no. 4. The honorary judge is not to be appointed who, according to § 33 no. 6, is not to be appointed to the office of a spoon. Non-official table of contents

§ 110

Honorary judges can also be appointed from the circle of shipping experts

Footnote

§ § 110, 112 and 1 italic print: now "trading judge", cf. § 45a German Judge Act 301-1 Non-official table of contents

§ 111

(omitted) Non-official Table of Contents

§ 112

The honorary judges have all rights and duties during their term in relation to the same of a judge.

Footnote

§ § 110, 112 and 1 italic print: now "trading judge", cf. § 45a German Judges Act 301-1 Non-official table of contents

§ 113

(1) A volunteer Judge is to be relieved of his office if he
1.
one of the required for his appointment If you lose any of the properties or become aware of any circumstances or circumstances that prevent you from being appointed in accordance with § 109, or
2.
.
(2) An honorary judge shall be relieved of his office if circumstances arise or become known, in the presence of which an appointment according to § 109 para. 3 sentence 2 is not to be made.(3) The decision shall be taken by the first civil senate of the Oberlandesgericht by decision after hearing the party concerned. It is unquestionable.(4) When the honorary judge himself asks for the removal from his office, the decision shall be taken by the Land Justice Administration.

Footnote

§ 113 para. 1 Input sentence italic pressure: Now "Commercial Judge", cf. § 45a German Judge Act 301-1 Non-official table of contents

§ 114

About items to which a commercial evaluation is sufficient, as well as the existence of The Chamber of Commercial Matters can decide on the commercial matters on the basis of its own expertise and science.

Eighth Title
Higher Regional Courts

unofficial table of contents

§ 115

The Oberlandesgericht will be staffed with a president, as well as with chairmen and other judges. unofficial table of contents

§ 115a

(omitted) unofficial Table of Contents

§ 116

(1) Civil and penal senates are formed in the Upper Regional Courts. In the case of the Oberlandesgericht (Oberlandesgericht) competent according to § 120, investigating magistrates are appointed; the investigating magistrate may also be appointed by any member of another Oberlandesgericht, which has its seat in the area referred to in § 120.(2) The State Governments are authorized to form civil or criminal matters by means of a decree-law outside the seat of the Higher Regional Court for the district of one or more county courts and for the whole of the activities of civil or criminal law in this district. or to assign a portion of that activity to the Higher Regional Court. A foreign senate for family matters can be formed for the districts of several family courts.(3) The State Governments may transfer the authorisation referred to in paragraph 2 to the State Justice Administrations. Non-official table of contents

§ 117

The provision of section 70 (1) shall apply accordingly. Non-official table of contents

§ 118

The Oberlandesgericht (Oberlandesgericht) is responsible for the trial in civil litigation in the first legal proceedings. and decision on the model procedures in accordance with the capital investor model procedural law. Non-official table of contents

§ 119

(1) The Oberlandesgericht (Oberlandesgericht) is responsible in civil matters for the negotiation and decision on the Legal remedies:
1.
The appeal against decisions of the Local Courts
a)
in the Family courts determined things;
b)
in the matters of voluntary jurisdiction, with the exception of the deprivation of liberty and those of the Courts of care decided matters;
2.
the appeal and the appeal against decisions of the county courts.
(2) § 23b (1) and (2) accordingly.(3) (dropped) (4) (dropped) (5) (omitted) (6) (dropped) unofficial table of contents

§ 120

(1) The upper countriesare in criminal cases, in the district of which the state governments have their seat, for the territory of the country responsible for the negotiation and decision in the first legal train
1.
in case of peace treason in the cases of § 80 of the Criminal Code,
2.
at treason (§ § 81 to 83 of the German Criminal Code) Criminal Code),
3.
in the case of treason and endangering external security (§ § 94 to 100a of the Criminal Code) as well as in the case of criminal offences pursuant to section 52 (2) of the German Criminal Code (criminal code). Patent Act, pursuant to Section 9 (2) of the German Utility Model Act, in conjunction with Section 52 (2) of the Patent Act or § 4 (4) of the Semiconductor Protection Act in conjunction with Section 9 (2) of the German Utility Model Act and Section 52 (2) of the German Patent Act Patent law,
4.
in an attack against organs and representatives of foreign states (§ 102 of the Criminal Code),
5.
in the case of a criminal offence against constitutional bodies in the cases of § § 105, 106 of the Criminal Code,
6.
at an infringement of the prohibition of the association of § 129a, including in conjunction with Section 129b (1) of the Criminal Code,
7.
in the event of non-notification of criminal offences in accordance with § 138 of the Criminal Code, if the non-indication relates to a criminal offence which belongs to the jurisdiction of the Higher Regional Courts and
8.
in the case of criminal offences after the International Criminal Code.
(2) These Oberlandesgericht (Oberlandesgericht) are also responsible for the negotiation and decision in the first legal suit
1.
in the case of the offences referred to in § 74a (1), if the Federal Prosecutor's Office takes over the persecution because of the special significance of the case in accordance with Section 74a (2),
2.
in the case of murder (§ 211 of the Criminal Code), manslaughter (§ 212 of the Criminal Code) and the offences referred to in § 129a (1) (2) and (2) of the Criminal Code, if a The activities of a non-national association, whose purpose or activity is the object of the commission of offences of this kind, and the General Federal Prosecutor for the particular importance of the Falles takes over the persecution,
3.
in the case of murder (§ 211 of the Criminal Code), manslaughter (§ 212 of the Criminal Code), extorted human robbery (§ 239a of the Criminal Code). Penal code), hostage-taking (§ 239b of the Criminal Code), heavy and particularly serious arson (§ § 306a and 306b of the Criminal Code), arson with death sequence (§ 306c of the Criminal Code), heralding an explosion Nuclear energy in the cases of § 307 (1) and (3) (1) of the Penal Code, deriving an explosion of explosives in the cases of § 308 (1) to (3) of the Criminal Code, abuse of ionizing radiation in the cases of § 309 (1) to (4) of the Criminal Code Penal code, preparation of an explosions or radiation criminal in the cases of § 310 subsection 1 no. 1 to 3 of the Criminal Code, Herding of a flood in the cases of § 313 para. 2 in connection with § 308 para. 2 and 3 of the Penal code, hazardous poisoning in the cases of § 314 (2) in conjunction with Section 308 (2) and (3) of the Criminal Code and attack on air and sea transport in the cases of § 316c (1) and (3) of the Criminal Code, if the deed is in the circumstances,
a)
the inventory or the security of a State
b)
eliminate, override, or undermine the constitutional principles of the Federal Republic of Germany
c)
affect the security of North Atlantic troops stationed in the Federal Republic of Germany, or its non-German contracting states, or
d)
Affecting the stock or the security of an international organization,
and the Federal Prosecutor General because of the special importance of the case
4.
in the case of criminal offences under the Foreign Trade Act and in the case of criminal offences in accordance with Section 19 (2) No. 2 and Section 20 (1) of the Law on the Control of War Weapons, if the action according to the circumstances
a)
is appropriate, the external security or the external relations of the Federal Republic of Germany, or
b)
is determined and appropriate to disturb the peaceful coexistence of the peoples,
and the Federal Prosecutor General because of the special significance of the case takes over the persecution.
A special significance of the case is also to be assumed if in the cases of the sentence 1 an investigative responsibility of the Federal Prosecutor is due to the Transnational character of the act is offered. At the opening of the main proceedings, the Oberlandesgericht (Oberlandesgericht) referred the case to the district court in the cases referred to in point 1, in the cases of points 2 to 4 to the local court or district court, if a particular significance of the case is not present.(3) In the cases in which these Higher Regional Courts are competent pursuant to paragraphs 1 or 2, they shall also take the decisions referred to in Article 73 (1). They also decide on the appeal against injunctions of the investigating judges of the Higher Regional Courts (Section 169 (1) sentence 1 of the Criminal Procedure Code) in the cases referred to in § 304 (5) of the Criminal Procedure Code.(4) These Higher Regional Courts shall also decide on the appeal against orders and decisions of the court competent pursuant to Section 74a. For decisions on the appeal against orders and decisions of the court competent pursuant to Section 74a (4), as well as in the cases of § 100d (1) sentence 6 of the Code of Criminal Procedure, a senate not covered by the main proceedings in criminal matters Responsible.(5) The general rules shall apply to the place of jurisdiction. The participating countries may, by agreement, transfer the tasks assigned to the Oberlandesgericht in paragraphs 1 to 4 to the court of a country competent to this effect also for the territory of another country.(6) To the extent that according to § 142a for the prosecution of criminal matters the competence of the federal government is justified, these Higher Regional Courts shall exercise jurisdiction under Article 96 (5) of the Basic Law.(7) As far as the countries have to bear the costs of proceedings and the expenses of procedural parties or to compensate, due to criminal proceedings in which the Higher Regional Courts decide in the exercise of jurisdiction of the Federal Republic of Germany, they may from the Federal Republic of Germany. Non-official table of contents

§ 120a

(1) In the first legal proceedings, a criminal Senate has reserved the order for safekeeping, or in the case of the § § § 120a (1). 66b of the Criminal Code as a criminal court, this penal Senate is in the first legal proceedings for the trial and decision on the reserved or the subsequent order of the safekeeping custody.(2) In the case of § 66b of the Criminal Code, § 462a (3) sentences 2 and 3 of the Code of Criminal Procedure shall apply accordingly. Non-official table of contents

§ 120b

In criminal matters, the Oberlandesgericht (Oberlandesgericht), in whose district the state governments have their registered office, are responsible for the trial and decision in the first legal suit in the case of bribery and bribery of mandate holders (§ 108e of the Criminal Code). Section 120 (3) and (5) shall apply accordingly. Non-official table of contents

§ 121

(1) The Oberlandesgericht (Oberlandesgericht) is also responsible in criminal matters for the negotiation and decision on the Legal remedy:
1.
the revision against
a)
the criminal judgments of the criminal court that cannot be appealed;
b)
the appellate judgments of the small and large Trial Chambers;
c)
the judgments of the Regional Court in the first Legal action if the revision is based solely on the violation of a legal standard contained in the Land laws
2.
the appeal against Criminal law decisions, unless the jurisdiction of the Trial Chambers or the Federal Court of Justice is justified;
3.
the appeal against decisions In accordance with Section 50 (5), § § 116, 138 (3) of the Penal Code and the Juvenile Chambers pursuant to Section 92 (2) of the Juvenile Justice Act.
(2) a Higher Regional Court in its decision
1.
according to paragraph 1 (1) (a) or (b) of a post-1. The decision taken in April 1950,
2.
in accordance with paragraph 1, point 3, of a decision taken after 1.
3)
3.
pursuant to paragraph 1 (2), on the execution of a measure of accommodation in the safekeeping or in a security detention order. psychiatric hospital or the admissibility of their further enforcement of a post-1. The Federal Court of Justice shall submit the case to the Federal Court of Justice in January 2010
of another Higher Regional Court or a decision of the Federal Court of Justice.(3) A country in which several Oberlandesgericht (Oberlandesgericht) are established may, by means of a legal regulation of the Land Government, take the decisions referred to in paragraph 1 (3) of the Oberlandesgericht (Oberlandesgericht) for the districts of several Oberlandesgericht or the Supreme Regional Court as appropriate, provided that the allocation is appropriate for the purpose of promoting or speeding up the procedures. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

§ 122

(1) The Senate of the Higher Regional Courts shall decide, except in accordance with the rules of the process laws, in place of of the senate of the individual judges, in the occupation of three members with the inclusion of the chairman.(2) The criminal senate shall decide on the opening of the main proceedings of the first legal suit with a cast of five judges including the chairman. At the opening of the main proceedings, the penal Senate shall decide that he shall be occupied in the main hearing with three judges, including the chairman, if not according to the extent or difficulty of the matter the participation of two other judges. Judge seems necessary. The appointment of the main proceedings on the basis of a procedural obstacle is decided by the penal senate in the occupation determined for the main negotiation. If a matter has been referred back by the Revisionsgericht, the now competent penalty Senate may again decide on its occupation after sentence 2.

Ninth Title
Bundesgerichtshof

name="BJNR005130950BJNE014200666 " />Non-official table of contents

§ 123

The seat of the Federal Court of Justice is Karlsruhe. Non-official table of contents

§ 124

The Federal Court of Justice is staffed with a president, as well as with presidents, judges and other judges. Non-official table of contents

§ 125

(1) The members of the Federal Court of Justice shall be joined by the Federal Minister of Justice together with the Appointed by the Federal President of the Federal Republic of Germany.(2) As a member of the Federal Court of Justice, only those who have completed the thirty-fifth year of life can be appointed. unofficial table of contents

§ § 126 to 129 (omitted)

unofficial table of contents

§ 130

(1) The federal court will form civil and criminal senates and appoint investigating magistrates. Their number is determined by the Federal Minister of Justice.(2) The Federal Minister of Justice is authorized to form civil and criminal senates also outside the seat of the Federal Court of Justice and to determine the seats of service for investigating magistrates of the Federal Court of Justice. unofficial table of contents

§ 131

(omitted) unofficial Table of Contents

§ 131a

(omitted) Non-official table of contents

§ 132

(1) The Federal Court of Justice will be a major Senate for Civil matters and a large Senate for criminal cases. The Great Senate forms the United Grand Senate.(2) If a Senate in a legal matter wishes to depart from the decision of another Senate, the Grand Senate shall decide on civil matters if a civil Senate is from another civilian senate or from the Grand Civil Senate, the Grand Senate for Criminal Matters, if a criminal Senate is from another criminal Senate or from the Grand Senate for Criminal Matters, the United Grand Senate, if a civil senate from a criminal Senate or from the Grand Senate for Criminal Matters or a Criminal Senate from a civil senate, or from the Grand Senate for Civil Matters or a Senate from the United Grand Senates.(3) A submission to the Grand Senate or the United Grand Senate shall be admissible only if the Senate, whose decision is to be dismissed, has declared, at the request of the Senate, that it shall maintain its legal opinion. If the Senate, whose decision is to be dismissed, is no longer able to deal with the question of law on account of a change in the business distribution plan, the Senate shall replace it in accordance with the business distribution plan for the case in which the Senate is responsible for the By way of derogation, it would have been decided. The respective senate decides on the request and the answer by decision in the occupation required for judgments; § 97 (2) sentence 1 of the Tax Consultation Act and Section 74 (2) sentence 1 of the auditor's order remain unaffected.(4) The discerning senate may submit a question of fundamental importance to the Grand Senate for a decision, if it is considered necessary in its opinion on the further training of the law or in order to secure a uniform case-law.(5) The Grand Senate for Civil Matters consists of the President and a member of the Civilian Senate, the Grand Senate for Criminal Matters from the President and two members of the Criminal Senate. A member of the Senate is also represented in the Grand Senate if another Senate is to be appointed by the Senate or is to be dismissed by the latter's decision. The United Grand Senate is made up of the President and the members of the Grand Senate.(6) The members and the representatives shall be appointed by the Bureau for a financial year. This shall also apply to the Member of another Senate referred to in the second sentence of paragraph 5 and to his representative. The President, in the case of the Grand Senates and the United Grand Senates, shall be chaired by the President and, in the event of prevention, the oldest Member. In the event of a tie, the Chairman's vote shall indicate the rash. Non-official table of contents

§ 133

In civil matters, the Federal Court of Justice is responsible for the negotiation and decision on the legal remedies of the Revision, the revision of the law, the legal complaint and the jump-right complaint. unofficial table of contents

§ 134

(omitted) unofficial Table of Contents

§ 134a

(omitted) Non-official table of contents

§ 135

(1) In criminal matters, the Federal Court of Justice is responsible for Negotiation and decision on the appeal of the appeal against the judgments of the Oberlandesgericht in the first legal proceedings and against the judgments of the District Courts in the first legal proceedings, insofar as the jurisdiction of the Oberlandesgericht does not justify is.(2) The Federal Court of Justice also decides on complaints against decisions and orders of the Higher Regional Courts in the cases referred to in § 138 d (6) sentence 1, § 304 (4) sentence 2 and § 310 (1) of the Criminal Procedure Code, as well as on complaints Against the orders of the investigating judge of the Federal Court of Justice (Section 169 (1) sentence 2 of the Code of Criminal Procedure) in the cases referred to in § 304 (5) of the Criminal Procedure Code. Nonofficial table of contents

§ 136

(omitted) unofficial Table of Contents

§ 137

(omitted) Unofficial table of contents

§ 138

(1) The Grand Senate and the United Grand Senate only decide on the legal question. They can decide without oral proceedings. The decision is binding in the present case for the discerning Senate.(2) Before the decision of the Grand Senate for Criminal Matters or the United Grand Senate and in litigation which relates to the challenge of a death declaration, the Federal Prosecutor General shall be heard. The Federal Prosecutor General may also present his opinion at the meeting.(3) In the event that the decision of the case requires a new oral hearing before the recognizing Senate, the parties concerned shall be invited to the hearing under the communication of the previous decision of the legal question. Non-official table of contents

§ 139

(1) The Senate of the Federal Court of Justice will decide in the cast of five members including the Chairman.(2) The criminal senate shall decide on complaints in the occupation of three members, including the chairman. This does not apply to the decision on appeals against decisions which reject the opening of the main proceedings or the proceedings are terminated because of a procedural obstacle. Non-official table of contents

§ 140

The business process is governed by a rule of procedure that the plenary decides.

9a. Title
Readmission Procedure in Criminal Matters

Non-official table of contents

§ 140a

(1) In the A retrial shall be decided by another court having the same jurisdiction as the court against whose decision the request for resumption of proceedings is addressed. An application for a judgment issued in the revision procedure shall be decided by another court of the order of the Court of First Instance against whose judgment the revision was lodged.(2) Before the beginning of the financial year, the Presidium of the Higher Regional Court shall determine the courts which are responsible for the decisions in the retrial procedures within the district of his or her district.(3) If only one district court has been established in the district of a Higher Regional Court, the court shall decide on the application for which the district court is competent pursuant to paragraph 1 of the Court of Appeal, which shall be held by the Presidium of the Higher Regional Court before the start of the proceedings. of the financial year. The State Governments are authorized by means of a legal regulation to take the decision of the Bureau of a Higher Regional Court, in the district of which only a district court is established, to the Bureau of an adjacent Oberlandesgericht in accordance with paragraph 2. in respect of applications for which the Landgericht is competent pursuant to paragraph 1. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation.(4) In those countries where only a Higher Regional Court and only a regional court are established, the first sentence of paragraph 3 shall apply accordingly. The national governments of these countries are authorized to agree with an adjacent country that the duties of the Presidium of the Oberlandesgericht referred to in paragraph 2 of this Regulation shall be subject to a neighbouring national court for applications belonging to another country. for which the Regional Court is competent pursuant to paragraph 1 of this Article.(5) In those countries where only one district court has been established and where a district court is assigned the criminal cases for the districts of the other local courts, the first sentence of paragraph 3 and the second sentence of paragraph 4 shall apply accordingly.(6) If the resumption of the proceedings, which had been decided by a Higher Regional Court in the first legal suit, is requested, then another Senate of this Higher Regional Court shall be responsible. Section 120 (5) sentence 2 shall apply accordingly.(7) Paragraphs 1 to 6 shall apply to decisions relating to requests for the preparation of a retrial.

Tenth Title
Prosecutor's Office

name="BJNR005130950BJNE016000666 " />Non-official table of contents

§ 141

A public prosecutor's office is to be held in each court. Non-official table of contents

§ 142

(1) The Office of the Public Prosecutor's Office is exercised:
1.
at the Federal Court of Justice by a federal prosecutor and by one or more Federal prosecutors;
2.
at the Higher Regional Courts and the District Courts by one or more prosecutors;
3.
in the local courts by one or more prosecutors or lawyers.
(2) The jurisdiction of the official attorneys does not extend to the official procedure for the Preparation of the public action in criminal matters, which are the responsibility of the courts other than the local courts.(3) Referensees may be entrusted with the performance of the duties of an official attorney and, in individual cases, the performance of the duties of a prosecutor under the authority of the public prosecutor. Non-official table of contents

§ 142a

(1) The Federal Prosecutor General practised in the jurisdiction of Oberlandesgericht (Oberlandesgericht) in the first legal proceedings Criminal matters pursuant to § 120 (1) and (2) shall also apply to the Office of the Public Prosecutor's Office in these courts. In order to take over the prosecution by the Federal Prosecutor General, it is sufficient to provide sufficient real evidence of the conditions under which his or her responsibility is based. The Public Prosecutor's Office shall send the Office immediately to the Office for the purpose of examining a takeover of the prosecution by the Federal Prosecutor General. If in the cases of § 120 para. 1 the officials of the public prosecutor's office of a country and the Federal Attorney General cannot agree on who has to take over the persecution of them, the Federal Prosecutor's Office shall decide.(2) The Federal Prosecutor General shall issue the proceedings before the submission of an indictup or an application (Section 440 of the Code of Criminal Procedure) to the State Prosecutor's Office,
1.
if it is the subject of the following offences:
a)
Crime according to § § 82, 83 para. 2, § § 98, 99 or 102 of the penal code,
b)
Crime according to § § 105 or 106 of the Criminal Code, if the act is directed against an organ of a country or against a member of such an organ,
c)
Crime offences according to § 138 of the Penal Code in connection with one of the criminal rules referred to in point (a) or
d)
Crime according to § 52 para. 2 of the Patent Act, pursuant to § 9 para. 2 of the Utility Model Act in conjunction with Section 52 (2) of the Patent Act or pursuant to § 4 (4) of the German Patent Act Semiconductor Protection Act in conjunction with Section 9 (2) of the Utility Model Law and § 52 (2) of the Patent Law
2.
in matters of minderer Meaning.
(3) A submission to the State Prosecutor's Office is not required,
1.
if the deed is the Federal interests are particularly affected or
2.
if it is necessary in the interest of the legal entity that the Federal Attorney General persecuts the deed.
(4) The Federal Attorney General gives a case which he has taken over pursuant to § 120 (2) sentence 1 No. 2 to 4 or § 74a (2), 2, again to the State Prosecutor's Office, if a special meaning of the case no longer exists. Non-official table of contents

§ 143

(1) The local jurisdiction of the Public Prosecutor's Office shall be determined by the local jurisdiction of the General Court, where the public prosecutor's office is in place. If the law does not apply to a competent court or if it is not determined, the public prosecutor's office first dealt with the matter is responsible. If, in the cases of sentence 2, the jurisdiction of a court arises, the proceedings shall be submitted to the public prosecutor's office in charge of the sentence 1, as soon as all the necessary procedural measures have been taken and the level of proceedings allows an orderly levy. Sentence 3 shall apply mutatily if the jurisdiction of a public prosecutor has been omitted and another public prosecutor's office has become competent.(2) An uncompetent official of the Public Prosecutor's Office has to undergo the official acts to be carried out within his/her district where there is a risk of default.(3) If the public prosecutors of various countries cannot agree on which of them to take over the persecution, the Federal Prosecutor General shall decide. It shall also decide, at the request of a public prosecutor, if the public prosecutors of different countries do not agree on the connection of related criminal cases.(4) Officials of a public prosecutor's office may be responsible for the prosecution of certain types of criminal matters, the enforcement of criminal penalties in such matters and the processing of Requests for legal assistance from bodies outside the territorial scope of this Act, provided that this is appropriate for the appropriate promotion or expedition of the procedures; in such cases, the Local authority of the public prosecutor's office in the matters assigned to them to all the courts of the districts for which these matters are assigned.(5) The State Governments are authorized, by means of a decree law of a Public Prosecutor's Office for the districts of several Land or Higher Regional Courts, the jurisdiction for the enforcement of sentences and the execution of measures of improvement and security in whole or in part, provided that this is appropriate for the purpose of promoting or speeding up the enforcement procedures in question. The national governments can transfer the authorisation by means of a legal regulation to the State Justice Administrations. Non-official table of contents

§ 144

If the public prosecutor's office of a court consists of a number of officials, the first official shall act as an assistant. Persons other than their representative; they shall be entitled, if they occur to him, to all the directions in which they are held, without the evidence of a special contract. Non-official table of contents

§ 145

(1) The first officials of the Public Prosecutor's Office at the Higher Regional Courts and the District Courts are entitled to To all courts in their district, to take over the official directions of the public prosecutor's office themselves or to commission a person other than the official first responsible.(2) The Office of the Public Prosecutor's Office may only provide the Office of the Public Prosecutor's Office with the Local Courts. unofficial table of contents

§ 145a

(omitted) unofficial Table of Contents

§ 146

The officials of the Public Prosecutor's Office have to comply with the official instructions of their supervisor. Non-official table of contents

§ 147

The right of supervision and management is:
1.
the Federal Minister of Justice with regard to the Federal Prosecutor General and the Federal prosecutors;
2.
of the country's justice administration with regard to all civil servants of the country concerned;
3.
the first official of the Public Prosecutor's Office at the Higher Regional Courts and the District Courts with regard to all officials of the Public Prosecutor's Office of their district.
Non-Official Table of Contents

§ 148

The Federal Prosecutor General and the Federal Attorneys are officials. Non-official table of contents

§ 149

The Federal Attorney General and the federal prosecutors are on a proposal from the Federal Minister of Justice, who is the Approval of the Federal Council is required, appointed by the Federal President. Non-official table of contents

§ 150

The public prosecutor's office is independent of the courts in its official directions. Non-official table of contents

§ 151

The prosecutors are not allowed to perform judicial transactions. Nor should they be allowed to carry out a service supervision of the judges. Non-official table of contents

§ 152

(1) The investigators of the Public Prosecutor's Office are obligated in this capacity to take the orders of the the public prosecutor's office of their district and of the officials who have been assigned to them.(2) The State Governments shall be authorized to designate, by means of a regulation, those categories of officials and employees to which this provision is to be applied. The employees must be in the public service, the 21. have been completed and have been working for at least two years in the designated officials or employees ' groups. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation.

Elfter Title
Business Unit

unofficial table of contents

§ 153

(1) Each court and public prosecutor's office shall establish a place of business that will be filled with the required number of official documents.(2) The duties of an official of the office of the Office may be entrusted with the task of carrying out a two-year preparatory service and the examination for the middle judicial service or for the middle service in the field of employment. has passed. Six months of the preparatory service are to be dispensed with a specialist course.(3) The tasks of an official of the office of the office may also be entrusted to
1.
who Examination of the right of work or the examination for the higher level of employment in the workplace,
2.
who, in accordance with the regulations on the change of career, have Qualification for the career of the middle judicial service has been obtained,
3.
who, as other candidate, is in the middle of the career of the middle class in accordance with national law.
() The more detailed rules for the implementation of paragraphs 1 to 3 shall be adopted by the Federal Government and the Länder for their area of application. They may also determine whether and to what extent times of any other training or activity conducive to the training objective can be credited to the preparatory service.(5) The Federation and the Länder may also determine that the duties of an official of the Office may also be entrusted to the office of a person who, in the field to be transferred to him, has a level of knowledge and performance to which he/she shall be responsible. The training referred to in paragraph 2 shall be equivalent. In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, such persons may continue to be entrusted with the duties of a document officer of the office, who shall be responsible for up to 25 years of age. Annex I, Chapter III, Section III, Section III (1) (q) (1) (q) of Annex I to the 31-year agreement on the integration of the European Union ( August 1990 (BGBl. 889, 922) have been entrusted with these tasks.

Twelfth title
Delivery-u. Enforcement officers

Non-official table of contents

§ 154

The service and business relationships of those with the deliveries, charges In the Federal Court of Justice (Bundesgerichtshof), the Federal Court of Justice (Bundesgerichtshof) is responsible for determining the jurisdiction of the courts by the federal court of justice by the Land Justice Administration. Non-official table of contents

§ 155

The bailie is excluded from the exercise of his or her office by law:
I.
in bourgeois litigation:
1.
if he himself is a party or legal representative of a party or to a party in the relationship a person who is a co-authorized person, a co-obligor or a person liable for damages;
2.
if his spouse or life partner is a party, even if the marriage or Life partnership no longer exists;
3.
if a person is a party with which he or she is used in a straight line, or in the side line up to the third degree related or until the second degree is or was not;
II.
in criminal cases:
1.
if it is itself infringed by the crime;
2.
if it is or has been the spouse or life partner of the accused person or injured;
3.
if it is or is standing with the accused person or the injured in the relationship or weakness of the relationship referred to in point I 3.

Thirteenth Title
Mutual Legal Assistance

unofficial table of contents

§ 156

The courts have legal assistance in civil matters and in criminal matters. Non-official table of contents

§ 157

(1) The request for legal assistance shall be addressed to the District Court in whose district the official act is to be conducted. .(2) The State Governments are empowered to assign, in whole or in part, the execution of requests for legal assistance to the districts of several local courts by means of a legislative decree, provided that this facilitates mutual legal assistance, or shall be accelerated. The state governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

§ 158

(1) The request cannot be rejected.(2) However, the request of a court not to be held in the legal proceedings shall be rejected if the act to be carried out is prohibited under the law of the requested court. If the requested court is not competent, it shall issue the request to the competent court. Non-official table of contents

§ 159

(1) If the request is rejected or if the provision of § 158 Abs 2 is accepted contrary to the request, the Oberlandesgericht (Oberlandesgericht), to whose district the requested court belongs, decides. The decision shall only be countervailable if it declares the legal assistance inadmissible and the requesting and requested court shall belong to the districts of various Higher Regional Courts. The Federal Court of Justice decides on the appeal.(2) Decisions shall be taken at the request of the parties or of the requesting court without oral proceedings. Non-official table of contents

§ 160

Enforcement orders, charges and deliveries are effected according to the regulations of the process orders without consideration whether it is to be carried out in the country to which the trial court belongs or in another German country. Non-official table of contents

§ 161

Courts, prosecutors and offices of the courts may be sent to a court of law for a contract Court enforcator shall take advantage of the office of the office of the Local Court in whose district the order is to be executed. The court enforcator appointed by the office shall be deemed to be directly responsible. Non-official table of contents

§ 162

A custodial sentence is held outside the District of the Penal Enforcement Authority, so this authority may ask the public prosecutor's office of the District Court, in whose district the convicted person is located, to enforce the sentence. unofficial table of contents

§ 163

To execute a custodial sentence in the district of another court or to be a custodial sentence in the district of another court If the convicted person is seized and delivered for the purpose of criminal justice, the public prosecutor's office shall be requested to execute the execution of the court in the district court of the district. Non-official table of contents

§ 164

(1) Costs and expenses for legal assistance are not reimbursed by the applicant authority.(2) Fees or other public charges to which the documents (documents, protocols) sent by the requesting authority are subject in accordance with the law of the requested authority shall remain out of the way. unofficial table of contents

§ 165

(omitted) unofficial Table of Contents

§ 166

A court may also make official acts within the scope of this law outside its district. Non-official table of contents

§ 167

(1) The police officers of a German country are authorized to persecuate a fugitive in the territory of a to the other German country and to seizate the fugitives there.(2) The action shall be taken immediately to the next court or to the next police authority in the country in which it was seized. Non-official table of contents

§ 168

The rules governing the communication of files from a public authority in a German country a court of that country shall be applicable even if the requesting court belongs to another German country.

Fourteenth title:
Public and Seating Police

name="BJNR005130950BJNE019000666 " />Non-official Table of Contents

§ 169

The hearing before the discerning court, including the proclamation of the verdicts and decisions, is public. Sound and television broadcast recordings as well as audio and film recordings for the purpose of public screening or publication of their content are inadmissible. Non-official table of contents

§ 170

(1) Negotiations, discussions, and hearings in family matters, as well as in matters of voluntary work. Jurisdiction shall not be public. The court may allow the public, but not against the will of a party. At the request of the person concerned, a person of his or her confidence shall be allowed to be present in the care and accommodation.(2) The appeal court may allow the public to the extent that the interest of a participant in the non-public discussion outweighs the public. unofficial table of contents

§ 171

(omitted) unofficial Table of contents

§ 171a

The public may be excluded from the main negotiation or part of it if the procedure is to place the accused person in a psychiatric hospital or a hospital or a Decal, alone or in addition to a penalty. Non-official table of contents

§ 171b

(1) The public can be excluded as far as circumstances from the personal life area of a A person who has been injured by a trial participant, a witness or a person who has been injured by an illegal act (Article 11 (1) (5) of the Criminal Code), whose public discussion would be in breach of legitimate interests. This does not apply to the extent that the interest in the public discussion of these circumstances outweighs. The special charges that may be associated with a major public hearing for children and young people must be taken into account. The same applies to full-year persons who have been injured as children or young people by the crime.(2) The public shall be excluded to the extent that, in proceedings for offences against sexual self-determination (§ § 174 to 184h of the Criminal Code) or against life (§ § 211 to 222 of the Criminal Code), the public shall be excluded for maltreatment of (§ 225 of the Criminal Code) or criminal offences against personal freedom under § § 232 to 233a of the Penal Code, a witness under 18 years of age is heard. The third sentence of paragraph 1 shall apply accordingly.(3) The public shall be excluded if the conditions set out in paragraphs 1 or 2 are met and the exclusion is requested by the person whose area of life is concerned. The public shall be excluded for the opinion of the Opinion in respect of the offences referred to in paragraph 2 without the need for a request addressed to them if the hearing is subject to the conditions set out in paragraphs 1 or 2 or Article 172 thereof. Point 4, in whole or in part, has been taken out of the public.(4) By way of derogation from paragraphs 1 and 2, the public shall not be excluded in so far as the persons whose areas of life are concerned disagree with the exclusion of the public.(5) The decisions referred to in paragraphs 1 to 4 shall be indisputable. Non-official table of contents

§ 172

The court may exclude the public for the trial or for part of it if
1.
endangering state security, public order, or morality
1a.
is a threat to the life, body, or freedom of a witness or other person,
2.
an important business, operational, inventor or tax secrecy is used, which violates the overriding legitimate interests of the public discussion
3.
a private secret whose unauthorised disclosure by the witness or expert is punishable by punishment,
4.
a person under 18 years of age is being heard.
unofficial table of contents

§ 173 

(1) The proclamation of the judgment as well as the final decision in matrimonial matters and family disputes shall in any case be made public.(2) By a special decision of the Court of First Instance, under the conditions laid down in § § 171b and 172, the public can also be excluded for the promulgation of the reasons for the decision or of a part thereof. Non-official table of contents

§ 174

(1) The public exclusion is to be negotiated in a non-public session if a participant is involved in the public session. it requests or the court considers it appropriate. The decision which excludes the public must be publicly proclaimed; it may be announced in a non-public sitting if it is to be feared that its public announcement would cause a serious disturbance to the order at the meeting. Episode would have. In the case of the announcement, in the cases of § § 171b, 172 and 173, the reason for the exclusion of the public is to be stated.(2) In so far as the public is excluded on the grounds of danger to State security, the press, radio and television shall not publish any reports on the trial and the content of an official document relating to the case.(3) If the public is excluded on the grounds of endangering the security of the State or on the grounds of § § 171b and 172 (2) and (3), the court may give the persons present the secrecy of facts which are due to the trial or the official document relating to the case shall be notified of its knowledge, shall be made compulsory. The decision shall be entered in the minutes of the sitting. It's countervailable. The appeal does not have suspensive effect. Non-official table of contents

§ 175

(1) Access to public negotiations can be denied to unattended and such persons who are in a the dignity of the Court does not appear to be appropriate.(2) In the event of non-public negotiations, the access of individuals may be permitted by the court. In criminal cases, the injured person shall be allowed to enter. There is no need for a hearing of the parties involved.(3) The exclusion of the public shall not preclude the presence of officials from the administration of justice in the proceedings before the discerning court. Non-official table of contents

§ 176

Maintenance of order in the session is the responsibility of the chairman. Non-official table of contents

§ 177

Parties, defendants, witnesses, experts, or persons who are not involved in the negotiation, who are responsible for the Maintenance of orders not followed by orders cannot be removed from the meeting room and can be carried out in a proper manner and held during a period of time to be determined, which may not exceed twenty-four hours. . In the case of persons who are not involved in the proceedings, the chairman, in other cases the court, decides on the measures provided for in the first sentence. Non-official table of contents

§ 178

(1) Parties, accused, witnesses, experts, or persons who are not involved in the negotiation, who in the meeting of an uncharge, subject to prosecution, an order fee of up to one thousand euros or administrative detention may be fixed up to one week and can be executed immediately. At the same time, in the case of the fact that this cannot be recovered, it is necessary to determine the extent to which the order is to be determined in a proper manner.(2) On the fixing of administrative resources, the chairman, in other cases the court, decides on the persons who are not involved in the hearing.(3) If a penalty is later recognized for the same act, the order shall be charged to the penalty or the administrative detention. Non-official table of contents

§ 179

Enforcement of the order of order referred to above shall have the direct effect of the chairman. Non-official table of contents

§ 180

The powers specified in § § 176 to 179 shall also be subject to a single judge in the case of the Official acts outside the meeting. Non-official table of contents

§ 181

(1) If an order is fixed in the cases of § § 178, 180, the decision may be taken against the decision within the following cases: A period of one week after publication of the notice of appeal shall be lodged unless it is taken by the Federal Court of Justice or a Higher Regional Court.(2) The appeal does not have suspensive effect in the case of § 178, in the case of § 180 suspensive effect.(3) The Oberlandesgericht (Oberlandesgericht) decides on the appeal. Unofficial table of contents

§ 182

If an order medium is fixed for an undue fee or if a person is ordered to be ordered to order or a person is responsible for the If the person concerned has been removed, the decision of the Court of First Instance and its cause shall be included in the Protocol. Non-official table of contents

§ 183

If an offence is committed at the meeting, the court shall determine the facts and the competent authority Authority to communicate the recorded protocol. In appropriate cases, the perpetrator's provisional arrest is available.

fifteenth title
court language

A non-official table of contents

§ 184

The court language is German. The right of the Sorbs to speak sorbiously in the local communities of the Sorbian people in court is guaranteed. A non-official table of contents

§ 185

(1) is negotiated with the participation of persons who are not proficient in the German language, to interpreters. A minor protocol in the foreign language shall not be conducted; however, statements and statements in foreign language shall, if and to the extent that the judge deems this to be necessary in consideration of the importance of the matter, also in the foreign language in the log or a plant is written down. In the appropriate cases, the protocol should be accompanied by a translation to be submitted by the interpreter.(1a) The Court of First Instance may allow the interpreter to be held in a different place during the hearing, hearing or hearing. The trial, hearing or questioning will be transferred simultaneously in picture and sound to this place and to the meeting room.(2) The confiscation of an interpreter can be maintained if the persons involved are all powerful in the foreign language.(3) In family matters and in matters of voluntary jurisdiction, the confiscation of an interpreter shall not be necessary if the judge of the language in which the persons involved declare themselves is powerful. Non-official table of contents

§ 186

(1) Understanding with an auditor or language disabled person in the negotiation shall be made after their choice. orally, in writing or with the help of a person making the agreement, to be added by the court. For oral and written communication, the Court has to provide the appropriate technical aids. The hearing-or speech-disabled person shall be informed of their right to vote.(2) The court may require written communication or order the execution of a person as an interpreter if the hearing or speech-disabled person has not made use of the right to vote referred to in paragraph 1, or if he/she has sufficient Agreement in the form chosen in accordance with paragraph 1 is not possible or is only possible at a disproportionate cost. Non-official table of contents

§ 187

(1) The court draws for the accused or convicted person who is not the German language or who is not (i) an interpreter or translator who is required to exercise his or her rights in criminal proceedings. In a language which he understands, the Court of First Instance points out to the accused that, in so far as he is responsible for the whole of the criminal proceedings, he can claim the free of charge of an interpreter or translator.(2) Required for the exercise of the criminal procedural rights of the accused person, who is not powerful in the German language, is usually the written translation of deprivation orders as well as of indictments, criminal orders and unenforceable judgments. An excercted written translation is sufficient if it respects the criminal procedural rights of the accused person. The written translation shall be made available immediately to the accused person. The written translation may be replaced by an oral translation of the documents or an oral summary of the contents of the documents, provided that it respects the criminal procedural rights of the accused person. This is usually to be assumed if the accused person has a defender.(3) The accused may waive the written translation only if he has previously been informed of his right to a written translation pursuant to paragraphs 1 and 2 and the consequences of a waiver of a written translation has been made. The instruction in accordance with the first sentence and the renunciation of the accused shall be documented.(4) Paragraph 1 shall apply mutatily to persons who are entitled under Section 395 of the Code of Criminal Procedure to join the public lawsuit with the secondary charge. Non-official table of contents

§ 188

People who are not proficient in the German language do oath in the language they are familiar with. Non-official table of contents

§ 189

(1) The interpreter has to make an oath to be faithful and conscientiously transferred. If the interpreter admits that he does not want to make an oath for reasons of belief or conscience, he has to give an affirmation. This affirmation shall be equal to the oath, and the interpreter shall be alerted hereto.(2) If the interpreter is generally sworn in for transfers of the type in question in a country in accordance with the provisions of national law, the appeal to this oath shall be sufficient before all courts of the federal and state governments.(3) In the case of family matters and in matters of voluntary jurisdiction, the interpretation of the interpreter is not necessary if the persons involved do not do so.(4) The interpreter or translator shall maintain secrecy with regard to circumstances which he or she is aware of in his work. This is the court's point. Non-official table of contents

§ 190

The service of the interpreter can be exercised by the official of the office of the office. There is no need for a special insult. Non-official table of contents

§ 191

The interpreters shall be subject to the rules on exclusion and rejection of the experts , The court or judge from whom the interpreter has been assigned shall decide. Unofficial table of contents

§ 191a

(1) A blind or visually impaired person can be able to perceive pleadings and other documents in a person who is able to perceive them Submit form to court. It may require, in accordance with the provisions of the legal regulation referred to in paragraph 2, that its pleadings and other documents of a judicial procedure be made accessible to the public. If the blind or visually impaired person is to be granted access to the file, it may require that it be granted access to the file in accordance with the provisions of the legal regulation referred to in paragraph 2. A claim within the meaning of sentences 1 to 3 shall also be granted to a person who is blind or visually impaired, who has been appointed by another person to exercise his or her rights or has been appointed for this purpose. There are no expositions for barrier-free access under these regulations.(2) The Federal Ministry of Justice shall determine under which conditions and in what manner the documents and documents referred to in paragraph 1, which are submitted by the parties to the file, shall be determined by means of the approval of the Federal Council. , shall be made available to a person who is blind or visually impaired, and whether and how such person is to be involved in the exercise of their rights.(3) Electronic forms are introduced (Section 130c of the Code of Civil Procedure, § 14a of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, Section 46f of the Labour Court Act, § 65c of the Code of Civil Procedure, Section 65c of the Code of Civil Procedure Social Court Act, § 55c of the Administrative Court of Justice, § 52c of the Financial Court Regulations), these blind or visually impaired persons must be made accessible to persons with disabilities. These are the standards of § 3 of the barrier-free information technology regulation of 12. September 2011 (BGBl. 1843), as applicable.

Sixteenth title
Advice and tuning

unofficial table of contents

§ 192

(1) For decisions, judges may only participate in the legally determined number.(2) In the case of negotiations of a longer duration, the Chairman may order the confiscation of supplementary judges to attend the hearing and, in the case of the prevention of a judge, to enter into the proceedings.(3) These provisions shall also apply to spoons. Non-official table of contents

§ 193

(1) In addition to the judges appointed for the decision, only those who are appointed to the decision may consult and vote on the same. In so far as the chairman permits their presence, persons employed by the court for their legal training and the scientific assistants employed there shall be present.(2) Foreign professional judges, prosecutors and lawyers who have been assigned to a court for the benefit of a study stay may be present at the same court in the course of the deliberations and the vote, to the extent that the chairman of the court is responsible for the shall be permitted and shall be obliged to do so in accordance with paragraphs 3 and 4. The first sentence shall apply to foreign lawyers who are in a training relationship in the sending country.(3) The persons referred to in paragraph 2 shall be particularly committed to their application for secrecy. Section 1 (2) and (3) of the Commitment Act of 2. March 1974 (BGBl. I p. 469, 547-Article 42) shall apply accordingly. Persons who have been particularly committed pursuant to sentence 1 shall be responsible for the application of the provisions of the Criminal Code concerning the violation of private secrecy (§ 203 (2) sentence 1 no. 2, sentence 2, para. 4 and 5, § 205), exploitation of foreign persons Secrets (§ § 204, 205), violation of professional secrecy (§ 353b para. 1 sentence 1 no. 2, sentence 2, para. 3 and 4) as well as violation of tax secrecy (§ 355) the same for the public service especially pledge.(4) The obligation shall be made by the President or by the supervisory judge of the General Court. It may delegate that power to the chairman of the body or to the judge to whom the persons referred to in paragraph 2 are assigned. A renewed commitment does not need to be made during the period of study. In the cases of § 355 of the Criminal Code, the judge who made the obligation shall be entitled to claim next to the person who has been injured. Non-official table of contents

§ 194

(1) The chairman directs the advice, asks the questions, and collects the votes.(2) differences of opinion on the subject matter, the wording and the order of the questions or on the outcome of the vote shall be taken by the court. Non-official table of contents

§ 195

No judge or spoon may refuse to vote on a question because he or she is voting on a question previous question in the minority has remained. Non-official table of contents

§ 196

(1) The court decides, unless the law determines another, by an absolute majority of the votes.(2) In relation to sums to be decided upon, more than two opinions, the majority of which are not the majority, the votes cast for the largest sum shall be added to those for which less than the total number of opinions delivered shall be added, until a majority is obtained.(3) In the case of a criminal case, apart from the question of the debt, more than two opinions, none of which has the necessary majority, shall be the least favourable to the accusation of the accused, the least likely to be so long. until such time as the required majority is obtained. If there are two opinions in the criminal case, without the necessary majority being in favour of it, the milder opinion shall apply.(4) In the case of a court occupied by two judges and two spoons on a matter which is to be decided by a simple majority, the vote of the chairman shall give the rash. Non-official table of contents

§ 197

The judges vote after the seniority, with the same seniority after the age of life, honorary judges and Spoon after the age of life; the younger is right before the older. The spoons vote in front of the judges. If a rapporteur is appointed, he will vote first. Finally, the chairman is right.

Seventeenth title
Legal protection in overlong legal proceedings and criminal investigation proceedings

unofficial table of contents

§ 198

(1) who suffers a disadvantage as a party to the proceedings as a result of the inappropriate duration of a court proceedings, will be adequately compensated. The appropriateness of the duration of the proceedings depends on the circumstances of the individual case, in particular on the difficulty and importance of the procedure and on the behaviour of the parties involved in the proceedings and of third parties.(2) A disadvantage, which is not an asset disadvantage, is presumed if a court proceedings have lasted for an unreasonable length of time. To this end, compensation can only be claimed unless, in the circumstances of the individual case, redress is not sufficient in other ways in accordance with paragraph 4. The compensation provided for in the second sentence shall be EUR 1 200 for each year of delay. If, in accordance with the circumstances of the individual case, the amount referred to in the third sentence is uncheap, the court may set a higher or lower amount.(3) Compensation shall only be granted to a party to the proceedings if, in the case of the court dealing with the case, he has had the duration of the proceedings (delay-over). The delay may be levied only if there is cause for concern that the procedure is not completed in an appropriate period of time; a repetition of the delay may not be possible at the earliest after six months, except where: Exceptionally, a shorter deadline is required. If the procedural promotion is due to circumstances which have not yet been introduced into the procedure, the complaint must refer to this. Otherwise, they shall not be taken into consideration by the court which has to decide on the compensation (compensation court) in determining the appropriate duration of the proceedings. If the procedure is delayed in another court, a new delay is required.(4) Resurrection in other ways is possible, in particular, by the determination of the compensation court that the duration of the proceedings was unreasonable. The statement shall not be subject to a request. It may be issued in serious cases in addition to compensation, and it may be issued if one or more of the conditions set out in paragraph 3 are not met.(5) A claim for the enforcement of a claim under paragraph 1 may be brought before the end of six months after the date of the survey of the delay. The action shall be brought to an end not later than six months after the date of entry of the legal force of the decision ending the proceedings or of any other execution of the proceedings. The claim shall not be transferable until the final decision on the action is final.(6) For the purposes of this provision,
1.
shall be subject to legal proceedings of any proceeding from the initiation to the final conclusion, including a proceeding Grant of provisional legal protection and the granting of procedural or procedural aid, except in the case of insolvency proceedings after its opening; in the opened insolvency proceedings, the establishment of a decision shall be deemed to be Court proceedings;
2.
a procedural participant of each party and each party involved in a court proceedings, with the exception of the constitutional bodies, the public authorities Administration and other public bodies, in so far as they are not involved in a procedure in the exercise of a self-management law.
unofficial table of contents

§ 199

(1) For criminal proceedings, including the procedure for preparing the public action, § 198 shall apply in accordance with the provisions of paragraphs 2 to 4.(2) During the proceedings for the preparation of the public action, the Public Prosecutor's Office and, in the case of Section 386 (2) of the Tax Code, the Financial Authority shall replace the General Court; for the proceedings after the imposition of the public lawsuit, § 198 (3), first sentence.(3) If a criminal court or the Public Prosecutor's Office takes into account the unreasonable duration of the proceedings in favour of the accused, this is a sufficient reparation in another way in accordance with § 198 (2) sentence 2; in this respect, § 198 (4) no application. If the accused person desires compensation for a long duration of the proceedings, the compensation court is bound by a decision of the criminal court with regard to the assessment of the appropriateness of the duration of the proceedings.(4) A private kläger shall not be a procedural participant within the meaning of Section 198 (6) (2). Non-official table of contents

§ 200

The country is liable for disadvantages caused by delays in the courts of a country. The Federal Government is liable for disadvantages which have occurred due to delays in the federal courts. For public prosecutors and financial authorities in the cases of § 386 (2) of the Tax Code, the sentences 1 and 2 shall apply accordingly. Non-official table of contents

§ 201

(1) The county court in whose district the county is responsible for the claim for compensation against a country is the the contested proceedings have been carried out. The Federal Court of Justice is responsible for the lawsuit for compensation against the federal government. These competences are exclusive.(2) The provisions of the Code of Civil Procedure on the proceedings before the district courts in the first legal proceedings must be applied accordingly. A decision by the individual judge is excluded. Against the decision of the Higher Regional Court, the revision takes place in accordance with § 543 of the Code of Civil Procedure; § 544 of the Code of Civil Procedure shall be applied accordingly.(3) The compensation court may suspend the proceedings if the court proceedings, the duration of which depends on a claim in accordance with § 198, are still ongoing. In criminal proceedings, including the proceedings for the preparation of the public action, the compensation court shall suspend the proceedings as long as the criminal proceedings have not yet been completed.(4) If a claim for compensation is not or not in the claimed amount, however, an unreasonable period of proceedings shall be determined, the court shall decide on the costs at its reasonable discretion.

Related Laws