Court Constitutional Law (GVG)

Unofficial table of contents

GVG

Date of completion: 12.09.1950

Full quote:

" The Law of the Court of Justice in the version of the Notice of 9 May 1975 (BGBl. 1077), most recently by Article 2 of the Law of 17 July 2015 (BGBl I). I p. 1349).

Status:	New by Bek. v. 9.5.1975 I 1077
	Last amended by Art. 2 G v. 17.7.2015 I 1349

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1979 + + +) 
(+ + + measures due to EinigVtr cf.  GVG Annex EV; 
 Partially no longer to be used + + +) 

  

Recast of the Law of the Court of Justice of 27 January 1877, RGBl. 41, by Art. 9 d. G v. 12.9.1950 I 455

First Title
Jurisdiction

Unofficial table of contents

§ 1

Judicial power is exercised by independent courts, which are subject only to the law. Unofficial table of contents

§ § 2 to 9 (omitted)

Unofficial table of contents

§ 10

Under the authority of the judge, referento may carry out requests for legal assistance and, except in criminal matters, consult procedural parties, collect evidence and conduct the oral proceedings. Referendaries are not authorized to order an insult or to take an oath. Unofficial table of contents

§ 11

(dropped) Unofficial table of contents

§ 12

The ordinary jurisdiction is exercised by 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). Unofficial table of contents

§ 13

The ordinary courts shall include civil disputes, family matters and matters of voluntary jurisdiction (civil matters) and criminal matters, for which not either the competence of administrative authorities or administrative courts, or that special courts have been appointed or approved on the basis of federal law. Unofficial table of contents

§ 13a

By national law, a court for the districts of several courts may be assigned items of all kinds, in whole or in part, as well as the establishment of foreign sprouts of courts. Unofficial table of contents

§ 14

As special courts, the courts of the shipping industry are admitted to the matters referred to in the State Treaties. Unofficial table of contents

§ 15

(dropped) Unofficial table of contents

§ 16

Exceptional courts are unstatable. No one shall be deprived of his legal judge. Unofficial table of contents

§ 17

(1) The admissibility of the right of appeal shall not be affected by a change in the circumstances in which it is based, which is based on the validity of the right of access. The court of the admissible legal path decides the dispute over all relevant legal aspects. The court of the admissible legal path decides the legal dispute in all relevant legal aspects. The third sentence of Article 14 (3) and the third sentence of Article 34 of the Basic Law shall remain unaffected. Unofficial table of contents

§ 17a

(1) If a court of law has legally declared admissible the right to appeal, other courts shall be bound by that decision. (2) If the right of appeal is inadmissible, the court shall, after hearing the parties of the Office, say that: on account of the dispute, and at the same time it refers the dispute to the competent court of admissible legal proceedings. 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 in respect of the legal proceedings. (3) If the proceedings are admissible, the Court of First Instance may decide to do so in advance. It must be decided in advance if a party is to exercise its admissibility. (4) The decision under 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 is only admissible to the parties concerned if the decision 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 proceedings are admissible. (6) The Court of First Instance (6) Up 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. Unofficial table of contents

Section 17b

(1) Upon the entry of the legal force of the referral decision, the dispute shall be pending at the court designated in the decision, with the file being received. (2) Where a dispute is referred to another court, the costs of proceedings before the court in which the court has been brought shall be treated as part of the costs incurred by the court to which the court or tribunal shall have jurisdiction. Litigation was referred to. The additional costs incurred by the plaintiff are to be laid down even if it is in the main proceedings. (3) The second sentence of paragraph 2 shall not apply in family matters and in matters of voluntary jurisdiction. Unofficial table of contents

§ 18

The members of the diplomatic missions established within the scope of this Act, their family members and their private domestic workers are subject to the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961. (Bundesgesetzbl. 1964 II p. 957ff.), exempted 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 6 August 1964 on the Vienna Convention of 18 April 1961 on Diplomatic Relations (Bundesgesetzbl. 1964 II p. 957). Unofficial table of contents

§ 19

(1) The members of the consular posts, including the election consular officers, established within the scope of this law shall be in accordance with the Vienna Convention on Consular Relations of 24 April 1963 (Federal Law Gazette). 1585ff.), exempted 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 August 1969 on the Vienna Convention of 24 April 1963 on Consular Relations (Bundesgesetzbl. (2) Special international agreements concerning the liberation of the persons referred to in paragraph 1 of the German jurisdiction shall remain unaffected. Unofficial table of contents

§ 20

(1) The German jurisdiction does not extend to representatives of other States and their support, which are at the official invitation of the Federal Republic of Germany within the scope of this Act. (2) The rest of the proceedings shall be extended to the German jurisdiction also does not apply 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 of to be liberated. Unofficial table of contents

Section 21

§ § 18 to 20 do not preclude the execution of a request for the transfer and legal assistance of an international criminal court, which was established by a legal act binding on the Federal Republic of Germany.

Second Title
General provisions on the Bureau and the distribution of business

Unofficial table of contents

Section 21a

(1) A Bureau shall be formed in each court. (2) The Bureau shall consist of the President or Supervisory Judge as Chairman; and

1.

in the case of courts with at least eighty judge's posts from ten elected judges,

2.

in the case of courts with at least forty judge posts from eight elected judges,

3.

in the case of courts with at least 20 judges ' posts from six elected judges,

4.

in the case of courts with at least eight judges ' posts from four elected judges,

5.

in the case of the other courts, from the judges eligible pursuant to section 21b (1).

Unofficial table of contents

Section 21b

(1) The judges shall be entitled to vote at the time of life and the judges shall be entitled to a judge's office in the court of justice, as well as to the judges acting in the court of law, the judges by contract and the judges for a period of at least three years. Months of seconded judges who carry out the duties of 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 and cannot be elected for more than three months or are seconded to an administrative authority. (2) Each person entitled to vote shall elect at most the number of judges. (3) The election is 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 regulations; it may authorise it to do so by means of a legislative decree. National justice administration. In the event of a tie, the lot shall be decided. (4) The 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 are determined by lot. (5) The electoral procedure is governed by a legal regulation issued by the federal government with the consent of the Bundesrat. (6) If a law is violated in the election, the election process is subject to the law. , the election may be contested 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. Unofficial table of contents

Section 21c

(1) In the event of a prevention of the President or supervisory judge, his representative (§ 21 h) shall take his 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 Bureau is elected from the Court of First Instance, 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 An administrative authority is seconded or if it becomes a member of the Bureau by law, it shall replace the one by the last election of the person who is next to the administration. Unofficial table of contents

§ 21d

(1) For the size of the Bureau, the number of judge's posts shall be determined at the end of the day preceding the day in which the financial year begins by six months. (2) The number of judge's posts shall be the number of judge's posts in a court with a Bureau in accordance with section 21a (2) no. 1 to 3, the following minimum number of judges shall be elected at the next election, which shall take place in accordance with section 21b (4):

1.

in the case of a court with a Bureau pursuant to Section 21a (2) (1), four Judges,

2.

in the case of a court with a Bureau pursuant to Section 21a (2) (2), three Judges,

3.

in the case of a court with a Bureau pursuant to Section 21a (2) no. 3, two judges.

In addition to the members leaving the court in accordance with Article 21b (4), another member who is determined by lot shall be left in each case. (3) If the number of judge's posts in a court with a Bureau pursuant to Section 21a (2) no. 2 to 4 is higher than for the members of the court, the number of judges shall be determined by the court. the maximum number of judges has risen so far, and the following number of judges shall be elected at the next election, which shall take place in accordance with Article 21b (4):

1.

in the case of a court with a Bureau pursuant to Section 21a (2) no. 2, six Judges,

2.

in the case of a court with a Bureau pursuant to Section 21a (2) (3), five Judges,

3.

in the case of a court with a Bureau pursuant to Section 21a (2) no. 4, four judges.

In each case, a member determined by the lot shall be left after two years. Unofficial table of contents

§ 21e

(1) The Presidium determines the occupation of the Spruchbodies, orders the investigating magistrates, regulates the representation and distributes the business. 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. (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 orders referred to in paragraph 1 may only be made during the course of the financial year. if this is necessary due to overloading or insufficient utilization of a judge or spruchbody or as a result of the change or the permanent prevention of individual judges. Before the amendment, the Chairman, 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 body acting in one case shall take the necessary steps to ensure that the (5) If a judge is to be assigned to another body, or if his/her area of responsibility is to be changed, he shall be given the opportunity to do so, except in the case of a case. (6) Should a judge be responsible for the tasks of the judicial administration in whole or in part (7) The Bureau shall take a decision by majority of votes. 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. (9) The business distribution plan of the Court of First Instance shall be set up in the office of the General Court designated by the President or the Supervisory Judge for inspection; publication shall not be required. Unofficial table of contents

§ 21f

(1) The President and the President of the Court of Justice shall be chaired by the President and the President of the Court of Appeal of the Landgericht, the Oberlandesgericht and the Federal Court of Justice. (2) In the event of the Chairman's prevention, the Chair shall hold the chair appointed by the Bureau Member of the Spruch Body. 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. Unofficial table of contents

§ 21g

(1) In the case of a spruch body occupied by a number of judges, the business shall be distributed among the members by decision of all the professional judges who are members of the board. In the event of a tie, the Bureau shall decide. (2) The decision shall, before the beginning of the financial year, determine the duration of the decision by which the members shall participate in the proceedings; it may be amended only if it is overloaded; (3) Paragraph 2 shall apply in accordance with the provisions of the procedural rules in so far as the proceedings by the SpruchBody shall be one of its members can be transferred to the decision as a single judge. (4) Is a The representative appointed by the business distribution plan shall replace the professional judge in the decision-making process. (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. Unofficial table of contents

§ 21h

The President or the acting judge shall, in his dealings not to be distributed by the Bureau, be held by his permanent representative, with a number of permanent representatives by the oldest, at the time of his or her permanent representative, the same seniority is represented by the life-eldest 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. Unofficial table of contents

Section 21i

(1) The Bureau shall be quorum if at least half of its elected members are present. (2) If a decision of the Bureau cannot be given in due time, the orders referred to in § 21e shall be issued by the President or Supervisory judges. 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. Unofficial table of contents

§ 21j

(1) If a court is established and if the Bureau is to be established pursuant to Section 21a (2) Nos. 1 to 4, the orders referred to in § 21e shall be taken by the President or the Supervisory Judge until the Presidium is formed. Section 21i (2) sentences 2 to 4 shall apply accordingly. (2) A Presidium pursuant to Section 21a (2) Nos. 1 to 4 shall be formed within three months of the establishment of the Court. The period specified 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) To replace the date referred to in Article 21d (1) the day of the establishment of the court. (4) The tasks of § 1 para. 2 sentence 2 and 3 and para. 3 of the electoral code 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 apply as the end of the financial year in Section 1 (2), second sentence, and § 3, sentence 1, of the electoral code for the presiding of the courts.

Third Title
Local Courts

Unofficial table of contents

Section 22

(1) The local courts are the individual judges. (2) A judge at the local court may at the same time be transferred another judge's office to another district court or to a district court. (3) The general supervision of services may be carried out by the court of law. National justice administration is transferred 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 is to be entrusted by the State Administration of Justice to the General Service Supervision. (4) Each judge at the Local Court shall do the transactions he has carried out. As far as this law does not determine anything else, as a single judge. (5) Judge power orders can be used. Judges on rehearsals may be used unless otherwise provided for in paragraph 6, § 23b (3) sentence 2, § 23c (2) or § 29 (1) sentence 2. (6) A judge on a sample shall not be allowed to do business in insolvency matters in the first year following his appointment. . Judges in insolvency matters 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. Unofficial table of contents

Section 22a

In the case of local courts with a presidium consisting of all eligible judges (Section 21a (2) no. 5), the President of the higher-ranking regional court or, if the President of another local court exercises the service supervision, this President shall be heard by the President of the President of the Executive Committee. Unofficial table of contents

§ 22b

(1) If a Local Court is only occupied by a judge, the Presidium of the Regional Court shall instruct a Judge of his district with the permanent representation of that Judge. (2) The temporary representation by a Judge shall be held in a Local Court. (3) In the event of an event, the President of the District 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 the service supervision, the Bureau of the other Local Court and in the cases referred to in paragraphs 1 and 2 shall be the Bureau of the other Local Court. The President shall be responsible for paragraph 3. Unofficial table of contents

Section 22c

(1) The State Governments shall be empowered to determine, by means of a regulation, that a joint stand-by plan shall be drawn up for several local courts in the district of a district court or that a local court of stand-by service shall be responsible for the establishment of a joint stand-by duty. in whole or in part, if this is indicated in order to ensure a more equal burden on the judges with on-call time. 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 agreement is not reached, the decision-making shall be the responsibility of the Presidium of the Higher Regional Court, to whose district the District Court belongs. (2) The State Governments may transfer the authorization referred to in paragraph 1 to the State Justice Administrations. Unofficial table of contents

Section 22d

The validity of the act of a judge at the local court shall not be affected by the fact that the act would have been exercised by another judge after the distribution of the business. Unofficial table of contents

Section 23

The jurisdiction of the Local Courts shall consist of civil disputes, insofar as they are not assigned to the District Courts without regard to the value of the object of the dispute:

1.

Disputes over claims whose object of money or money value does not exceed the sum of five thousand euros;

2.

without regard to the value of the object of the dispute:

a)

Disputes concerning claims arising from a lease over housing or the stock of such a tenancy; this competence shall be exclusive;

b)

Disputes between travellers and hosts, carriers, shipwrecks or emigrants in the ports of embarkation, which shall be caused by the use of host, fuhrlohn, ferry, passengers and their goods, and the loss of and damage to the goods. the latter, as well as disputes between the traveller and the craftsmen who have arisen on the occasion of the journey;

c)

Disputes in accordance with § 43 (1) to (4) and (6) of the Housing Law; this responsibility is exclusive;

d)

Disputes arising from wild damage;

e)

(dropped)

f)

(dropped)

g)

Claims arising from a contract of bodywork, bodywork, old-part or draft which are in connection with the release of a property.

Unofficial table of contents

Section 23a

(1) The Local Courts shall also be responsible for:

1.

family matters;

2.

Matters of Voluntary Jurisdiction, unless otherwise provided by law.

The competence referred to in the first sentence of paragraph 1 is an exclusive one. (2) Matters of voluntary jurisdiction shall be:

1.

Matters relating to care, accommodation and the matters relating to the provision of care,

2.

Succession and Submission matters,

3.

register cases,

4.

company legal proceedings under Section 375 of the Act 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 matters of deprivation of liberty pursuant to Section 415 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction;

7.

the procedures for the uptake,

8.

Basic accounts,

9.

the procedure laid down in Article 1 (1) and (2) to (6) of the Law on the Judicial Procedure in Agricultural Matters,

10.

Ship register cases and

11.

other matters of voluntary jurisdiction, insofar as they are assigned to the courts by federal law.

(3) By way of derogation from the first sentence of paragraph 1, point 2 of this Article shall be for the directions in which the local courts are subject in part-cases within the meaning of Section 342 (2) (1) of the Law on the Procedure in Family Matters and in the Matters of Volunteering Jurisdiction instead of the Local Courts the notaries in charge. Unofficial table of contents

§ 23b

(1) In the Local Courts, family courts are formed. (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 is to be handed over from its own motion to the first-mentioned department; this does not apply if the application is manifestly is inadmissible. The provisions of sentence 3 must also be applied to other family matters to which they are involved. (3) Family-related matters shall be filled by the family-run departments. A judge on a sample shall not be allowed to carry out business of the family judge in the first year following his appointment. Unofficial table of contents

Section 23c

(1) The local courts are responsible for the formation of departments for caring matters, accommodation and care court assignment matters (care courts). (2) The care 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. Unofficial table of contents

§ 23d

The State Governments are empowered to assign, by means of a legal regulation, a district court for the districts of several local courts to the family matters and, in whole or in part, to the commercial matters and to matters of voluntary jurisdiction, provided that the summary of the factual promotion of the procedures is used or appears to be necessary to secure a uniform case-law. The national governments can transfer the appropriations to the Land Justice Administrations.

Footnote

§ 23d (formerly § 23c): Inc. by Art. 5 No. 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.- Unofficial table of contents

§ 24

(1) In criminal matters, the Local Courts are competent, if not

1.

the jurisdiction of the regional court is justified in accordance with § 74 (2) or § 74 a or the Oberlandesgericht (Oberlandesgericht) in accordance with § § 120 or 120b,

2.

in individual cases, a higher sentence than four years ' imprisonment or the accommodation of the accused in a psychiatric hospital, alone or in addition to a sentence, or in the safekeeping (§ § 66 to 66b of the Criminal Code) to expect or

3.

the Public Prosecutor's Office, on account of the special need for protection of the injured of the offence which may be considered as a witness, of the special scope or particular importance of the case brought before the District Court.

A special need for protection in accordance with the first sentence of paragraph 3 shall be in particular if it is to be expected that the hearing will be associated with a particular burden for the injured person, and therefore multiple interrogations will be avoided. (2) The District Court shall not be entitled to a sentence of four years ' imprisonment and not to a psychiatric hospital, either alone or in addition to a sentence, or in the safekeeping of the security. Unofficial table of contents

Section 25

The judge at the district court decides as a criminal judge in the case of a demise,

1.

if they are prosecuted by private-sector action, or

2.

if a higher sentence is not to be expected as a term of imprisonment of two years.

3. Unofficial table of contents

Section 26

(1) In the case of adult offences which infringe or directly endanger a child or a juvenile, as well as for non-compliance by adult persons against rules governing the protection of minors or juvenile education, the following shall be added to: Criminal matters shall also be responsible for the courts of the Juvenile. § § 24 and 25 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 protect the legitimate interests of children or young people, who are required in the proceedings as witnesses, 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 proceedings in the courts. Investigative actions in the investigation. Unofficial table of contents

Section 26a

(dropped) Unofficial table of contents

§ 27

Furthermore, the jurisdiction and the business circle of the local courts are determined by the provisions of this law and of the procedural rules.

Fourth Title
Schöffengerichte

Unofficial table of contents

§ 28

For the trial and decision of the criminal cases belonging to the jurisdiction of the local courts, if not the criminal judge decides to be formed at the local courts of the Schöffengerichte. Unofficial table of contents

§ 29

(1) The Schöffengericht (Schöffengericht) shall consist of the Judge of the District Court as Chairman and two Schöffen. A judge on a sample may not be chairman in the first year following his appointment. (2) At the opening of the main proceedings, the public prosecutor's office may, at the request of the public prosecutor's office, decide to grant a second judge to the district court, if the latter's Participation in the scope of the matter appears to be necessary. An application by the Public Prosecutor's Office does not require a higher order court to open the main proceedings before the Schöffengericht (Schöffengericht). Unofficial table of contents

§ 30

(1) Into the extent that the law does not provide for exceptions, the spoons shall exercise the full extent and with the same right to vote as the judges in the district court during the main hearing and shall also take the place of the judge in the course of a main hearing. (2) The decisions taken outside the main negotiation shall be taken by the judge at the time of the judgment. (2) Court of Local Court. Unofficial table of contents

Section 31

The office of a Schöffen is an honorary office. It can only be provided by Germans. Unofficial table of contents

Section 32

Incapaciably to the office of a spoon are:

1.

persons who, as a result of judicial proceedings, do not have the ability to hold public office or are sentenced to imprisonment of more than six months on account of an intentional act;

2.

Persons who are subject to an investigative procedure because of an act which may result in the loss of the ability to hold public office.

3.

(dropped)

Unofficial table of contents

§ 33

To the office of a spoon shall not be called:

1.

Persons who would not have completed the twenty-fifth year of life at the beginning of the term of office;

2.

persons who have completed the 70 th year of life or would complete it until the beginning of the term of office;

3.

persons who are not resident in the municipality at the time of drawing up the list of proposals;

4.

persons who, for health reasons, are not eligible for the Office;

5.

persons who are not suitable for the Office in the absence of sufficient command of the German language;

6.

People who have fallen into an asset.

Unofficial table of contents

Section 34

(1) Furthermore, the Office of a Schöffen shall not be appointed:

1.

the Federal President;

2.

the members of the federal government or of a state government;

3.

civil servants who may be temporarily retired or retired at any time;

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, who are bound to live together in accordance with their statutes;

7.

Persons who have been employed as honorary judges in criminal justice in two successive periods of office, of which the last term of office is still ongoing at the time of drawing up the list of proposals.

(2) The laws of the country may, in addition to the officials referred to above, designate senior administration officials who are not to be appointed to the office of a spoon. Unofficial 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 volunteer judge in the criminal justice system for forty days, as well as persons who are already acting as honorary judges;

3.

Doctors, dentists, nurses, nurses, nurses and midwives;

4.

Pharmacists who do not employ any other pharmacist;

5.

persons who make it possible for their family to be particularly responsible for the performance of their duties, in such a way as to make it particularly difficult for them to carry out their duties;

6.

persons who have completed the sixty-fifth year of life or who would have completed it by the end of the term of office;

7.

Persons who demonstrate that the performance of the Office is of particular hardship to them or to a third party for endangering or seriously affecting a sufficient economic livelihood.

Footnote

(+ + + § 35 N ° 2: For the application, see Art. 9 (9) G v. 9.12.1974 I 3393 (to be applied for the first time in the term from 1.1.1977) + + +) Unofficial table of contents

§ 36

(1) The congregation shall establish a list of proposals for spoons in each 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 municipal representatives remain unaffected. (2) The list of proposals is intended to take appropriate account of all groups of the population by sex, age, occupation and social position. It must contain the name of birth, surname, first name, day and place of birth, residence and profession of the persons proposed. (3) The list of proposals must be set up in the municipality for one week in any one of the views of the person. The date of the application must be made public in advance. (4) At least twice as many persons shall be included in the list of proposals in the district of the district court, as determined as the required number of main and auxiliary spoons in accordance with § 43 . The municipalities of the district are distributed 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 for the first time in the term from 1.1.1977) + + +) Unofficial table of contents

Section 37

The list of proposals may be lodged in writing or in writing within one week, calculated from the end of the period of application, on the grounds that persons who are not included in the list of proposals shall be included in the list of proposals not included in the list of proposals. should not be accepted or should not be included in accordance with § § 33, 34. Unofficial table of contents

§ 38

(1) The councor of the congregation sends the list of proposals together with the objections 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 congregation member shall inform the judge thereof at the time of the Court of Local Court of Appeal. Unofficial table of contents

§ 39

The Judge at the Local Court shall bring together the list of the municipalities to the list of counties and shall prepare 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. Unofficial table of contents

§ 40

(1) A committee shall meet at the Local Court for each fifth year. (2) The Committee shall consist of the Judge at the Local Court as Chairman and an Administrative Officer to be determined by the Land Government, and seven persons of confidence as Sit down. 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 federal authorities by means of a legal regulation. (3) The persons of trust shall be from the inhabitants of the district court district from the representation of the lower administrative district corresponding to it with a Majority of two thirds of the members present, but at least half of the legal number of members elected. The respective regulations for the decision-making of this representation remain unaffected. If the district court comprises several 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 these administrative districts. (4) The The Committee is quorum if at least the chairman, the administrative officer and three persons of trust are present. Unofficial table of contents

Section 41

The Committee shall decide by a simple majority on the objections raised against the list of proposals. In the event of a tie, the Chairperson shall vote. The decisions shall be recorded in the minutes. They are not countervailable. Unofficial table of contents

§ 42

(1) The Committee shall select from the proposed list of proposals by a majority of two-thirds of the votes for the next five financial years:

1.

the required number of spoons;

2.

the required number of persons who are to be replaced by the vacant 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 vicinity of the local court are to be chosen.

(2) In the election, care should be taken to ensure that all groups of the population are adequately taken into account by sex, age, occupation and social status. Unofficial table of contents

Section 43

(1) The number of principal and auxiliary spoons required for each district court shall be determined by the President of the District Court (President of the Local Court). (2) The number of the main spoons shall be calculated in such a way that it is likely that everyone will not be able to as twelve ordinary sitting days of the year.

Footnote

(+ + + § 43 (2): For application, see Art. 9 (9) G v. 9.12.1974 I 3393 (to be applied for the first time in the term from 1.1.1977) + + +) Unofficial table of contents

Section 44

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

§ 45

(1) The days of the regular meetings of the spoon court shall be determined in advance for the whole year. (2) The order in which the main spoons participate in the individual regular sessions of the year shall be given by draw in 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 loftiest main haters is drawn on as twelve days as possible. The first sentence shall apply in accordance with the order in which the auxiliary spoons shall enter the place of the spoons (list of auxiliary spoons); the second sentence shall not apply to them. (3) The lot shall be taken by the judge at the local court. (4) The list of spoons shall be given in the case of an official of the office 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 have to take action. A spoon which is only used during the course of the financial year for a day of sitting shall then be notified in the same way.

Footnote

(+ + + § 45: For application, see Article 8 (8) G v. 5.10.1978 I 1645; to be applied in this version for the first time to the term of office beginning on 1 January 1981
The previous version of § 45 reads: " § 45 (1) The days of the ordinary sessions of the Schöffengericht are noted in advance for the whole year. (2) The order in which the main spoons at the individual regular sessions of the year , shall be determined by draw in a public meeting of the Local Court. The draw shall be carried out in such a way that each of the most busy main proceedings shall be taken into account for as much as twelve days of sitting. (3) The judge shall draw the proceedings before the Local Court. (4) The draw shall be drawn up by the official of the office of the office of the office of the office of office. recorded. " + + +)
(+ + + § 45 (2) sentence 3 (formerly 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 + + +) Unofficial table of contents

Section 46

If, in the case of a local court, a further public court is formed during the financial year, the main proceedings required for its ordinary meetings shall be drawn from the list of auxiliary spoons in accordance with Section 45 (1), (2) sentence 1, para. 3, 4. The eastward spoons are deleted in the list of auxiliary spoons.

Footnote

(+ + + § 46: For the application of idF d. Art. 2 No. 3 G v. 5.10.1978 I 1645 mWv 1.1.1979 cf. Article 8 (8) of this G (first to apply to the term of office beginning on 1.1.1981).
The previous version of § 46 reads: " § 46 (1) The judge at the district court informs the spoons of their draw and the days of the session in which they are to enter into action, having regard to the legal consequences of the lack of time. (2) In the same way, the spoons to be appointed in the course of the financial year will be notified. " + + +) Unofficial table of contents

§ 47

If the business requires extraordinary meetings to be held, or if, at individual meetings, the confiscation of others than the first appointed spoon or supplementary spoon is required, then the spoons shall be opened from the List of auxiliary spoons used. Unofficial table of contents

§ 48

(1) Supplementary spoons (§ 192 para. 2, 3) shall be assigned from the list of auxiliary spoons. (2) In the event of the prevention of a main spoon, the supplementary spoon initially assigned shall also replace its place if the prevention before the start of the Session is known. Unofficial table of contents

§ 49

(1) If the use of auxiliary spoons is required at individual meetings (§ § 47, 48 para. 1), they shall be assigned from the list of assays in their order. (2) If a main spoon is to be removed from the list of spoons, the Auxiliary tray, which is in the next position after the order of the list of auxiliary spoons, under its deletion in the list of auxiliary spoons, to the position of the main spoon which has been deleted. The Schöffen Secretariat notifies the new main spoon in accordance with § 45 (4) sentence 3, 4. (3) The order of the order is the receipt of the order or determination, which results in the need for use, in which: Schöffenbusiness 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 (4) If an auxiliary spoon is assigned to a day of the sitting, it shall be withdrawn only after all others have been given the right to use the same name. Auxiliary spoons also assigned to or released from the service or not can be reached (§ 54). This shall also apply if, even after he has been assigned, he or she has been removed from the service or has not been available.

Footnote

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

§ 50

If the duration of a sitting extends beyond the time for which the spoon is first convened, he shall continue his duties until the end of the sitting. Unofficial table of contents

Section 51

(1) A spoon shall be relieved of his office if he has been violating his official duties. (2) The decision shall be taken by a judge of the Higher Regional Court at the request of the Judge of the District Court by a decision after hearing the Public prosecutor's office and the scoop involved. 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 any sittings until the decision on the impeachment is taken. The arrangement shall not be countervailable. Unofficial table of contents

Section 52

(1) A spoon shall be deleted from the list of spoons if:

1.

its inability to become a spoon enters or becomes known, or

2.

Circumstances arise or become known, in the presence of which a calling to the Schöffenamt is not to take place.

In the case of § 33 no. 3, however, this only applies if the spoon gives up his residence in the district court district. (2) On his request, a spoon from the list of spoons is to be deleted if he/she

1.

give up his residence in the district court in which he works; or

2.

participated in more than 24 days of meetings during a financial year.

In the case of main spoons, the deletion shall take effect only for meetings which shall start later than two weeks after the date on which the application is received at the office of the Schöffer Secretariat. If an auxiliary spoon has already received a communication on his use for a certain day of the sitting, his removal shall take effect only after the conclusion of the main hearing commenced on that date. (3) If the spoon has died, the person shall be left to be deleted. or from the District Court District, the judge shall arrange for his removal from the District Court. In addition, after hearing the public prosecutor's office and the person concerned, he decides. (4) The decision shall not be challenged. (5) If an auxiliary spoon is transferred to the main list of persons, the services to which he has previously been transferred shall be submitted to the public authorities. (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 vote by the committee responsible for the choice of spoons. had been made. The Judge at the Local Court may depart from the Complementary 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. Unofficial table of contents

Section 53

(1) The grounds for refusal shall be taken into account only if, within a week after the person concerned has been informed of his convocation, it is claimed by him. If they have subsequently been created or become known, the time limit shall be calculated only from this 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. Unofficial table of contents

§ 54

(1) The judge at the Local Court may untie a spouse on his application for any obstacles to the service provided on certain days of the sitting. There is an obstacle to the problem if the spoon is prevented from providing the service by unavoidable circumstances or if the service cannot be attributed to him. (2) The prevention of an auxiliary spoon is to prevent a person from being able to use the service. Spoon the same if the spoon is not reachable. 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. Unofficial table of contents

§ 55

The committee's spoons and confidants receive compensation under the Justice Remuneration and Compensation Act. Unofficial table of contents

§ 56

(1) An administrative allowance shall be fixed against any spoonful or confidential person of the Committee who, without having been apologising to the meetings, is unable to attend the meetings in good time or otherwise deprive himself of the duties of the Committee. 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 excuse, 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. Unofficial table of contents

Section 57

Up to which day the list of proposals must be drawn up and the judge to be submitted to the local court, the committee to be appointed and the draw of the scots to be brought about will be determined by the regional justice administration. Unofficial table of contents

Section 58

(1) The State Governments are empowered to bring criminal matters in whole or in part, decisions of certain types in criminal matters and legal assistance in criminal matters by means of a legislative decree to a local court for the counties of several local courts. To assign matters to bodies outside the territorial scope of this Act, provided that the summary is appropriate for the appropriate promotion or expedition of the procedures. The State Governments can transfer the authorization to the State Justice Administrations by means of a decree law. (2) If a common public court is established for the districts of several local courts, the President of the Regional Court shall designate the court. (President of the Local Court) the required number of main and auxiliary spoons and the distribution of the number of the main spoons to 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 District Court only if all the local courts involved are subject to his/her official supervision. (3) The other provisions of this Title shall apply mutatis mutatis.

Fifth Title
Land Courts

Unofficial table of contents

§ 59

(1) The District Courts are filled with a President, as well as with Chairman Judges and other Judges. (2) At the same time, the Judges may be transferred to a Judge at a Local Court. (3) Judges can be held on trial and judge power orders are used. Unofficial table of contents

§ 60

In the county courts, civil and criminal chambers are formed. Unofficial table of contents

§ § 61 to 69 (omitted)

Unofficial table of contents

Section 70

(1) In so far as the representation of a member is not possible by a member of the same court, it shall be ordered by the provincial justice administration at the request of the Bureau. (2) The apportion of a judge to the test or to a judge by force. The contract is to be pronounced for a certain period of time and must not be revoked before the end of this period. (3) The state-of-the-art regulations, according to which judicial transactions are only perceived by judges appointed by life-time, shall remain unaffected. , as well as those who represent the representation by life-time Judge rules. Unofficial table of contents

Section 71

(1) Before the Civil Chambers, including the Chambers of Commercial Matters, all civil disputes which are not assigned to the Local Courts belong. (2) The District Courts are without regard to the value of the object of the dispute exclusively responsible

1.

for the claims made against the Treasury in the light of the rules on civil servants ' laws;

2.

for claims against judges and civil servants for exceeding their official powers or for undue omission of official acts;

3.

for claims relating to false, misleading or ominable 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 after

a)

(dropped)

b)

§ § 98, 99, 132, 142, 145, 258, 260, 293c and 315 of the German Stock Corporation Act,

c)

Section 26 of the SE Implementation Act,

d)

Section 10 of the Transformation Act,

e)

the SpruchProcedure Act,

f)

§ § 39a and 39b of the Securities Acquisition and Takeover Act.

(3) Land legislation shall be left to the discretion of the State or a corporation under public law for the management of the administrative authorities as well as for public charges without regard to the value of the object of the dispute. (4) The State Governments are empowered to transfer, by means of a decree law, the decisions in proceedings referred to in paragraph 2 (4) (a) to (e) a district court for the districts of several counties, if this serves to secure a uniform case-law. You can transfer the empowerment to the State Justice Administrations.

Footnote

§ 71 para. 2: Am. Am. by G v. 26.6.1981 I 553 gem. BVerfGE v. 19.10.1982 I 1493 incompatible with Art. 70 GG and therefore null Unofficial table of contents

Section 72

(1) The Civil Chambers, including the Chambers of Commercial Matters, are the Appeal and Appeal Courts in the civil disputes which have been negotiated before the Local Courts, unless the jurisdiction of the Higher Regional Courts is justified. is. The District Courts are also the appellate courts in deprivation of liberty and in the matters decided by the care courts. (2) In disputes according to § 43 Nos. 1 to 4 and 6 of the Housing Property Act, this is for the seat of the Court of Appeal of Higher Regional Court, joint appeal court for the district of the Higher Regional Court in which the District Court 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. Unofficial table of contents

Section 73

(1) The Trial Chambers shall decide on appeals against orders of the Judge at the District Court, as well as decisions of the Judge at the Local Court and the Arbitration Courts. (2) The Trial Chambers shall also take care of those in the Criminal Procedure Code. Land Courts assigned to business. Unofficial table of contents

Section 73a

(dropped) Unofficial table of contents

Section 74

(1) The Trial Chambers are in charge of all crimes which do not belong to the jurisdiction of the Local Court or the Higher Regional Court as the discerning courts of the first legal proceedings. 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 where the Public Prosecutor's Office in the cases of Section 24 (1) (3) charges the District Court. (2) For the crimes

1.

the sexual abuse of children with a death sentence (§ 176b of the Criminal Code),

2.

sexual coercion and rape with death (§ 178 of the Criminal Code),

3.

the sexual abuse of resistant persons with death sequence (§ 179 (7) in conjunction with Section 178 of the Criminal Code),

4.

of the murder (Section 211 of the Criminal Code),

5.

the manslaughter (section 212 of the Criminal Code),

6.

(dropped)

7.

suspension of death (Section 221 (3) of the Penal Code),

8.

the personal injury resulting from death (§ 227 of the Criminal Code),

9.

the deprivation of minors with death penalty (Section 235 (5) of the Penal Code),

9a.

post-death succession (Section 238 (3) of the Penal Code),

10.

the deprivation of liberty of death (§ 239 (4) of the Penal Code),

11.

of the extortion of human being with death (Section 239a (3) of the Penal Code),

12.

the hostage-taking with death (§ 239b paragraph 2 in conjunction with Section 239a (3) of the Penal Code),

13.

the robbery of death (§ 251 of the Criminal Code),

14.

the predatory theft of death (§ 252 in conjunction with § 251 of the Criminal Code),

15.

The predatory extortion of death (§ 255 in conjunction with § 251 of the Criminal Code),

16.

the arson with death sequence (§ 306c of the Criminal Code),

17.

the implementation of an explosion by nuclear energy (Section 307 (1) to (3) of the Penal Code),

18.

the execution of an explosion of explosives with death sequence (Section 308 (3) of the Penal Code),

19.

the abuse of ionizing radiation against a vast number of people (Section 309 (2) and (4) of the Penal Code),

20.

the defective production of a nuclear plant with death sequence (§ 312 para. 4 of the Criminal Code),

21.

(§ 313 in conjunction with Section 308 (3) of the Penal Code),

22.

(§ 314 in conjunction with Section 308 (3) of the Penal Code),

23.

the predatory attack on drivers with a death row (§ 316a (3) of the Criminal Code),

24.

of the attack on air and maritime transport with a death row (Section 316c (3) of the Criminal Code),

25.

Damage to important installations with death sequence (Section 318 (4) of the Penal Code),

26.

an intentional environmental crime with a death sequence (Section 330 (2) (2) of the Penal Code),

27.

the serious danger posed by the release of poisons with death order (Section 330a (2) of the Criminal Code),

28.

the personal injury in the office of death (Section 340 (3) in conjunction with Section 227 of the Criminal Code),

29.

the delivery, administration or transfer of narcotic drugs for direct use with death (Article 30 (1) (3) of the Narcotics Act),

30.

of the enrolleen with death sequence (Section 97 (1) of the Residence Act)

is a Trial Chamber in charge of the Court of Appeal. § 120 remains unaffected. (3) The Trial Chambers are also responsible for the trial and decision on the appeal of the appeal against the judgments of the Criminal Court and the Schöffengericht (Schöffengericht). Unofficial table of contents

Section 74a

(1) In the district courts in whose district a Higher Regional Court has its registered office, a Trial Chamber for the district of this Higher Regional Court is the recognised court of the first legal train responsible for criminal offences.

1.

of the Council of Peace in the cases of § 80a of the Criminal Code,

2.

the 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 threat to national defence in the cases of § § 109d 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 of the first sentence of Article 20 (1) of the Association Act; this does not apply if the same act is a criminal offence after the the narcotics law,

5.

the enforced disappearance (Section 234a of the Criminal Code) and

6.

the political suspicion (Section 241a of the Criminal Code).

(2) The jurisdiction of the Regional Court shall not apply if the Federal Prosecutor General takes over the prosecution before the opening of the main proceedings because of the special significance of the case, unless the Federal Prosecutor's Office is responsible for the prosecution pursuant to Section 142a (4) or by referral. (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 according to § § § § § § § § 73 § § 73 (3). 100c of the Code of Criminal Procedure has not been dealt with by the main proceedings in criminal matters The district of the regional court is responsible for the district of the Higher Regional Court. (5) Within the framework of paragraphs 1, 3 and 4, the district of the regional court extends to the district of the Higher Regional Court. Unofficial table of contents

Section 74b

In matters relating to the protection of minors (Article 26 (1) sentence 1), in addition to the Trial Chamber responsible for general criminal matters, the Youth Chamber is also responsible as a discernable court of the first legal proceedings. § 26 para. 2 and § § 73 and 74 shall apply accordingly. Unofficial table of contents

Section 74c

(1) For Crime

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 Act against Unfair Competition, the Insolvency Code, the Stock Corporation Act, the German Stock Corporation Act, the German Stock Corporation Act, the German Stock Corporation Act, the German Stock Corporation Act. Law on the accounting of certain companies and groups, the Act concerning limited liability companies, the Commercial Code, the SE Implementation Act, the Act implementing the EEC Regulation on the European Communities economic interest grouping, the Cooperatives Act, the SCE Implementing Act and the Transformation Act,

2.

according to the laws on banking, deposit, stock exchange and credit, as well as under the Insurance Supervision Act, the Payment Services Supervision Act and the Securities Trading Act,

3.

in accordance with the Economic Criminal Law of 1954, the Foreign Trade Act, the foreign exchange management laws and the financial monopoly, tax and customs law, even if the criminal provisions of that law are applicable in accordance with other laws; this does not apply if: the same act constitutes a criminal offence under the narcotics law, and not for tax offences concerning the vehicle tax,

4.

in accordance with the wine law and food law,

5.

the subsidy fraud, the capital investment fraud, the credit fraud, the bankruptcy, the breach of the accounting obligation, the creditor beneficiary and the debtor's benefit,

5a.

the restrictive agreements in the event of calls for tenders and the bribery and bribery in the course of business,

6.

a)

the fraud, the computer fraud, the infidelity, the pre-contained and the embezzling of pay, the usury, the benefit of the benefit, the bribery, the granting of benefits and the bribery,

b)

in accordance with the Workers ' Admission Act and the Schwarzarbeitsfought Act,

particular knowledge of economic life is required in order to assess the case,

, in so far as pursuant to Section 74 (1) the court of the first legal proceedings and pursuant to Section 74 (3) for the hearing and decision on the appeal against the verdicts of the Schöffengericht the District Court is responsible, a Trial Chamber as Economic strafchamber. § § 120 and 120b remain unaffected. (2) In the matters in which the Economic Criminal Chamber is competent pursuant to paragraph 1, it shall also take the decisions referred to in Article 73 (1). (3) The State Governments shall be authorized to make the relevant decisions. To promote or accelerate the execution of proceedings by means of a legal decree to a district court for the districts of several district courts, in whole or in part, for criminal matters which are the subject of the offences referred to in paragraph 1. The State Governments may transfer the authorisation 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 extends to the districts of the other county courts. Unofficial table of contents

Section 74d

(1) The State Governments are authorized to assign the criminal cases referred to in Article 74 (2) to a regional court for the districts of several district courts by means of a legal regulation, provided that this serves the objective 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 provisions of Art. 2 No. 8 G v. 5.10.1978 I 1645 mWv 1.1.1979). Article 2 (2) Article 8 (8) of this Act (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 to assign the criminal cases referred to in Article 74 (2) to a district court for the districts of several district courts by means of a legal decree, provided that this is the factual Promotion of the procedures. The State Governments may transfer the authorization to the Land Justice Administrations. (2) The State Administration of Justice shall distribute the number of the main spoons required to all the local courts of the State of Justice of the State of Justice of the State of Justice established by the legal decree referred to in paragraph 1 District. " + + +) Unofficial table of contents

Section 74e

Under various criminal chambers competent in accordance with § § 74 to 74 d

1.

in the first instance the Court of Judgment (Section 74 (2), § 74 (d)),

2.

in the second line of the Economic Criminal Court (Section 74 (c)),

3.

in the third line of the Trial Chamber pursuant to § 74 a

the priority. Unofficial table of contents

Section 74f

(1) If, in the first legal proceedings, a Trial Chamber has reserved the order of safekeeping, or, in the case of § 66b of the Criminal Code, it has decided to act as a criminal court, this Trial Chamber shall be in the first legal proceedings for the negotiation and decision on (2) If, in the case of § 66b of the Criminal Code in the first legal suit, only the District Court has decided to act as a criminal court, the first legal suit shall be subject to the following: Trial Chamber of the District Court for the Negotiation and Decision (3) In the case of § 66b of the Criminal Code, § 462a (3) sentences 2 and 3 of the Code of Criminal Procedure shall apply. (4) In proceedings in which the sentence is reserved or the The large Trial Chamber is occupied by three judges, including the Chairman and two Schöffen. When decisions are taken outside the main negotiation, the spoons do not act. Unofficial table of contents

§ 75

The civil chambers shall be occupied by three members, including the chairman, unless, in accordance with the provisions of the process laws, the chamber of the individual judges has to be decided. Unofficial table of contents

Section 76

(1) The Trial Chambers shall be 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 Criminal chamber). In the case of decisions outside the main proceedings, the spoons do not act. (2) At the opening of the main proceedings, the large Trial Chamber decides 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 shall decide to occupy three judges, including the chairman and two spoons, if:

1.

she is responsible as a jury court,

2.

the arrangement of accommodation in the preventive detention, the reservation or arrangement of the accommodation in a psychiatric hospital is to be expected, or

3.

to the extent or difficulty of the matter, the participation of a third judge seems to be necessary.

In addition, the large Trial Chamber shall decide to occupy two Judges, including the Chairman and two Schöffen. (3) The participation of a third judge in accordance with the third sentence of paragraph 2 3 is usually necessary when the main hearing is expected to last longer than ten days, or the large Trial Chamber is responsible as an Economic Criminal Chamber. (4) Has the Trial Chamber decided to fill with two Judges including the Chairman and two Schöffen and surrender new circumstances which, in accordance with paragraphs 2 and 3, are subject to new circumstances before the start of the main negotiation; If the occupation with three judges, including the chairman and two spoons, is required, it decides to fill it. (5) If a matter has been referred back by the court of appeal or if the main trial has been suspended, the (6) A second judge shall be added to proceedings concerning appeals against a judgment of the enlarged Schöffengericht (Section 29 (2)). Outside the main hearing, the chairman decides alone. Unofficial table of contents

Section 77

(1) For the spoons of the Trial Chambers, the rules relating to the spoons of the Schöffengericht shall apply in accordance with the following conditions: (2) The President of the Regional Court shall distribute the number of the necessary main spoons for the Trial Chambers on the District of the district court of the district. The auxiliary spoons shall elect the committee at the local 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 shall put together the names of the main spoons to the list of the Land Courts. (3) To the position of the judge at the Local Court, the order in which the main spoons are to be sent shall be replaced by the individual ordinary courts. The President of the Regional Court shall be the President of the Landgericht, and the order in which the auxiliary spoons shall replace the spoons shall be the order of the President of the Landgericht; Section 45 (4), third sentence, 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. In addition, the judge of the Trial Chamber is replaced by the judge at the District Court. (4) A honorary judge may only be appointed as a spoon for the public court for the same financial year 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) § 52 (2) sentence 1 no. 1 shall be found no application. Unofficial table of contents

Section 78

(1) The State Governments are authorized to form a Trial Chamber and to form a Trial Chamber for the district of one or more Local Courts by means of a legal decree for a long distance from the seat of a district court in a district court for the district of one or more local courts. the entire activity of the Trial Chamber of the Regional Court or a part of that activity. The crimes referred to in § 74 (2) may not be assigned to a Trial Chamber formed in accordance with sentence 1. The State Governments may delegate the authorization to the State 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 District of the Criminal 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 § 77 shall be the chairman of the Trial Chamber.

Title 5a
Prison Chambers

Unofficial table of contents

Section 78a

(1) In the case of the district courts, where in their district adult institutions are entertained, in which custodial sentences or custodial measures of the improvement and security are carried out, or where in their district other persons are provided with Law enforcement agencies are established, prison chambers are formed. These are responsible for the decisions

1.

in accordance with § § 462a, 463 of the Code of Criminal Procedure, in so far as it does not result from the criminal procedure regulations,

2.

in accordance with Section 50 (5), § 109, 138 (3) of the Penal Code,

3.

in accordance with § § 50, 58 (2), § 84g (1), § § 84j, 90h (1), 90j (1) and (2) and 90k (1) and (2) of the Act on International Mutual Assistance in Criminal Matters.

If, pursuant to Section 454b (3) of the Code of Criminal Procedure, the suspension of the execution of several custodial sentences is to be decided at the same time, a Trial Chamber shall decide on the suspension of the execution of all penalties. (2) The In accordance with the second sentence of the second sentence of the second sentence of paragraph 1, national governments shall have criminal cases for the districts of the district courts where there are no judicial enforcement chambers, as referred to in the first sentence of the first sentence of paragraph 1, by means of a decree-law. The State Governments shall be empowered to assign, by means of a regulation to one of the district courts designated in paragraph 1, to the districts of several district courts the criminal cases falling within the jurisdiction of the Trial Enforcement Chambers, and to determine that prison chambers shall have their registered office within their county, either or exclusively in places where the district court is not established, provided that such provisions are intended to promote or accelerate the execution of such a case of the procedures. In accordance with sentences 1 and 2, the State Governments may transfer the appropriations by means of a legal regulation to the Land Justice Administrations. (3) A country shall keep an institution, a custodial sentence or a custodial measure of freedom of liberty, and In the territory of another country, the participating countries may agree that the Trial Chamber shall be responsible for the District Court in whose district the supervisory authority responsible for the institution shall be responsible for the enforcement of the Seat has. Unofficial table of contents

§ 78b

(1) The Trial Enforcement Chambers are occupied

1.

in proceedings concerning the suspension of the execution of a life sentence of a life sentence or the suspension of the execution in a psychiatric hospital or in the custody of three judges under the conditions laid down in Inclusion of the Chairperson,

2.

in other cases, with a judge.

(2) The members of the Trial Enforcement Chambers shall be appointed by the Presidium of the District Court from the number of members of the District Court and of the judges appointed in his district at the Local Court.

Sixth Title
Schwurgerichte

Unofficial table of contents

§ § 79 to 92 (omitted)

Seventh Title
Chambers of trade

Unofficial table of contents

Section 93

(1) The State Governments shall be authorized to form chambers of commercial matters by means of a legal regulation in the district courts for their districts or for locally delimited parts thereof. 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 provincial governments may transfer the authorization referred to in paragraph 1 to the Land Justice Administrations. Unofficial table of contents

Section 94

In the case of a district court, where a Chamber is formed for commercial matters, the Chamber shall replace the civil chambers in accordance with the following provisions. Unofficial table of contents

§ 95

(1) Commercial matters within the meaning of this Act are the civil litigation in which a claim is claimed by the action:

1.

against a merchant within the meaning of the Commercial Code, provided that he is entered in the commercial register or cooperative register or is not registered on the basis of a special legal regime for legal persons under public law. , from transactions which are commercial transactions for both parts;

2.

from a change in the sense of the law of exchange or from one of the documents referred to in § 363 of the Commercial Code;

3.

on the basis of the Scheck Act;

4.

from one of the legal relationships described below:

a)

from the legal relationship between the members of a trading company or cooperative or between the members and their members, or between the silent partner and the holder of the commercial business, both during the existence and the after the dissolution of the company relationship, and the legal relationship between the members of the association or the liquidators of a trading company or cooperative and the company or its members;

b)

from the legal relationship relating to the right to use the trading firm;

c)

from the legal relationships relating to the protection of trade marks and other marks and registered designs;

d)

from the legal relationship arising from the acquisition of an existing commercial transaction between the former 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 prokura or the 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 shipowner and the ship's crew, the Haverei, the compensation for damages in the case of the collision of ships, the recovery and the claims of the ship's creditors;

5.

on the basis of the law against unfair competition;

6.

§ § 21, 22 and 24 of the Securities Prospectus Act or § § 20 to 22 of the Property Law of the German Securities Act.

(2) Commercial matters within the meaning of this Act shall also be:

1.

the legal disputes in which the jurisdiction of the regional court pursuant to § 246 (3) sentence 1, § 396 (1) sentence 2 of the German Stock Corporation Act, § 51 (3) sentence 3 or § 81 (1) sentence 2 of the Cooperative Act, § 87 of the Law against Restrictions on competition, unless they are antitrust claims, and Article 13 (4) of the EC Consumer Enforcement Act is aimed at:

2.

the procedures referred to in Article 71 (2) (4) (b) to (f).

Unofficial table of contents

§ 96

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

Section 97

(1) If a lawsuit is not brought before the Chamber for Commercial Matters, the lawsuit shall be referred to the Civil Chamber at the request of the defendant. (2) The lawsuit or the case in the case of § 506 of the Code of Civil Procedure shall not be brought before the Chamber in the case of commercial matters, the latter shall also be empowered by its own motion to refer the dispute to the civil chamber until such time as a trial has been carried out on the main matter and a decision has been promulgated on that matter. The transfer of office cannot be done on the grounds that the defendant is not a merchant. Unofficial table of contents

Section 98

(1) If a claim relating to commercial matters is brought to the Chamber before the Chamber of Commerce, the dispute shall be referred to the Chamber of Commercial Matters at the request of the defendant. A defendant, who is not registered in the register of trade or cooperative registers, cannot base the application on the fact that he is a merchant. (2) The request shall be rejected if the person raised in the case of Section 506 of the Code of Civil Procedure (3) The civil chamber is not authorized to refer the matter to an office of office. (4) The civil chamber shall be entitled to repudiate the application even if the plaintiff has consented to it. Unofficial table of contents

§ 99

(1) In a case pending before the Chamber of Commercial Matters, the application shall be extended by the application for the determination of a legal relationship or a counterclaim is filed under Section 256 (2) of the Code of Civil Procedure and the extended period of validity shall be extended to the following: If the case or the counterclaim is not brought before the Chamber of Commercial Matters, the case shall be referred to the Civil Chamber at the request of the opponent. (2) Under the restriction of Section 97 (2), the Board shall also be responsible for the expulsion of the case from its own motion. authority. This power shall also apply where a change of action makes a claim which does not belong before the Chamber of Commercial Matters. Unofficial table of contents

§ 100

§ § 96 to 99 shall be applied in accordance with the procedure in the second legal right before the Chambers of Commercial Matters. Unofficial table of contents

§ 101

(1) The request for the referral of the dispute to another chamber shall be admissible only before the applicant's hearing. 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. § 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 Court of First Instance. (2) The request shall be decided in advance. The decision may be taken without oral proceedings. Unofficial table of contents

Section 102

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

Section 103

In the case of the Chamber of Commercial Matters, a claim in accordance with § 64 of the Code of Civil Procedure can only be asserted if the legal dispute is before the Chamber of Commercial Matters in accordance with the provisions of § § 94, 95. Unofficial table of contents

Section 104

(1) Where the Board is referred to the Board of Appeal as a Appeal Court with a complaint not belonging to it, the appeal 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 already has a Decision on the main issue has been adopted. Unofficial table of contents

Section 105

(1) The Chambers of Commercial Matters shall decide in the occupation with a member of the Landgericht as chairman and two honorary judges, insofar as not in accordance with the provisions of the procedural laws in place of the Chamber of the Chairperson to decide (2) All members of the Chamber of Commercial Matters shall have the same right to vote. (3) (omitted)

Footnote

Section 105 (1) italic print: now "trading judge", cf. § 45a German Judges Act 301-1 Unofficial table of contents

Section 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. Unofficial table of contents

Section 107

(1) The honorary judges who have neither their place of residence nor their commercial establishment at the seat of the Chamber for Commercial Matters shall receive daily and overnight allowances in accordance with the rules applicable to judges in the district court. (2) Den honorary judges will replace the travel expenses in the appropriate application of § 5 of the Justice Enforcement and Compensation Act.

Footnote

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

Section 108

The honorary judges are appointed for the duration of five years on the basis of a proposal by the Chambers of Industry and Commerce; a repeated appointment is not excluded.

Footnote

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

§ 109

(1) The honorary judge can be appointed who

1.

is 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 procurist, registered or registered in the commercial register or the cooperative register or as a board member of a legal person of the Public law must not be registered for this legal person due to a special legal system.

(2) Those who fulfil these conditions shall be appointed only if:

1.

in the district of the Chamber of Commercial Matters, or

2.

has a commercial establishment in that district, or

3.

belongs to a company which has its registered office or branch in that district.

In addition, it is only to be appointed

1.

a procurator where he/she occupies a position of self-employed activity comparable to that of the entreptier in the undertaking,

2.

a member of a board of directors of a cooperative, if it is a member of a cooperative, who takes part in the trade in a similar way as a commercial company.

(3) The honorary judge cannot be appointed who is incapable of the office of a spoon or who is not to be called to the office of a spoon in accordance with § 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. Unofficial table of contents

§ 110

At sea places, honorary judges can also be appointed from the circle of ship-experts.

Footnote

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

Section 111

(dropped) Unofficial table of contents

Section 112

During the term of their office, the honorary judges shall have a relationship with all the rights and duties of a judge.

Footnote

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

Section 113

(1) An honorary judge shall be relieved of his office if he

1.

shall lose any of the properties required for his appointment, or enter into or subsequently become aware of any circumstances contrary to an appointment under Section 109; or

2.

has brutalized his official duties.

(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 shall not take place. (3) The decision shall be taken by the first civil Senate of the Oberlandesgericht by decision after hearing the party concerned. It is indisputable. (4) The honorary judge himself asks for the removal from his office, the decision is made by the State Justice Department.

Footnote

Section 113 (1) Inbox italics: now "trading judge", cf. § 45a German Judges Act 301-1 Unofficial table of contents

Section 114

The Chamber for Commercial Matters may decide on objects which are to be assessed in a commercial appraisal, as well as the existence of commercial customs, on the basis of their own expertise and science.

Eighth title
Oberlandesgericht

Unofficial table of contents

§ 115

The Higher Regional Courts are filled with a president as well as with chairmen of judges and other judges. Unofficial table of contents

§ 115a

(dropped) Unofficial table of contents

Section 116

(1) The Higher Regional Courts shall be constituted by civil and criminal senates. In the case of the Oberlandesgericht (Oberlandesgericht) competent according to § 120, investigating magistrates are appointed; the investigating magistrate can also be appointed by any member of another Higher Regional Court, which has its seat in the territory referred to in § 120. (2) The National Governments are authorized to form civil or criminal records outside the seat of the Higher Regional Court for the district of one or more county courts and for the whole of the civil or criminal activities of the District Court. To assign a criminal senate to the Higher Regional Court or part of this activity. A foreign senate for family matters can be formed for the districts of several family courts. (3) The state governments can transfer the authorization referred to in paragraph 2 to the Land Justice Administrations. Unofficial table of contents

Section 117

The provision of section 70 (1) shall apply accordingly. Unofficial table of contents

Section 118

The Oberlandesgericht (Oberlandesgericht) is responsible for the negotiation and decision on pattern proceedings in accordance with the capital investor model procedural law in civil litigation in the first legal proceedings. Unofficial table of contents

§ 119

(1) The Oberlandesgericht (Oberlandesgericht) are 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 cases decided by the family courts;

b)

in the matters of voluntary jurisdiction, with the exception of the deprivation of liberty and the matters decided by the care courts;

2.

the appeal and the appeal against decisions of the Landgericht.

(2) Section 23b (1) and (2) apply accordingly. (3) (omitted) (4) (omitted) (5) (omitted) (6) (omitted) Unofficial table of contents

§ 120

(1) In criminal matters, the Oberlandesgericht, in whose district the provincial governments have their seat, are responsible for the territory of the country for the trial and decision in the first legal suit.

1.

in the case of peace betrayal in the cases of § 80 of the Criminal Code,

2.

in the case of treason (§ § 81 to 83 of the Criminal Code),

3.

in the case of treason and endangering external security (§ § 94 to 100a of the Criminal Code) and in the case of criminal offences in accordance with § 52 (2) of the Patent Law, in accordance with Section 9 (2) of the German Utility Model Law in conjunction with Section 52 (2) of the Patent Law or after § 4 (4) of the Semiconductor Protection Act in conjunction with Section 9 (2) of the Utility Model Act and Section 52 (2) of the Patent Act,

4.

in the event of an attack against organs and representatives of foreign states (Section 102 of the Criminal Code),

5.

in the case of a criminal offence against constitutional bodies in the cases of § § 105, 106 of the Penal Code,

6.

in the event of an infringement of the prohibition of the association of § 129a, also in conjunction with Section 129b (1), of the Criminal Code,

7.

in the case of non-notification of criminal offences in accordance with Section 138 of the Criminal Code, if the non-indication relates to a criminal offence which belongs to the jurisdiction of the Oberlandesgericht (Oberlandesgericht) and

8.

in the case of criminal offences in accordance with the International Criminal Code.

(2) These Oberlandesgericht (Oberlandesgericht) are also responsible for the negotiation and decision in the first legal proceedings.

1.

in the case of the offences referred to in § 74a (1), if the Federal Prosecutor is responsible for the prosecution on account of the particular importance of the case in accordance with Section 74a (2),

2.

in the case of murder (§ 211 of the Criminal Code), manslaughter (Section 212 of the Criminal Code) and the offences referred to in § 129a (1) No. 2 and (2) of the Criminal Code, if a connection with the activity of a non-or not only in the domestic existing association, the purpose or activity of which is the object of the commission of offences of this kind, and the Federal Prosecutor General takes over the persecution on account of the particular importance of the case,

3.

in the case of murder (§ 211 of the Criminal Code), manslaughter (§ 212 of the Criminal Code), robbery (§ 239a of the Criminal Code), hostage-taking (§ 239b of the Criminal Code), heavy and particularly heavy arson (§ § 306a and 306b of the Criminal Code) Penal code), arson with death sequence (§ 306c of the Criminal Code), heralding an explosion by nuclear energy in the cases of § 307 (1) and 3 (1) of the Penal Code, causing 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, preparation of an explosions or radiation criminal in the cases of § 310 (1) (1) (1) to (3) of the Penal Code, resulting in a flood in the cases of § 313 para. 2 in conjunction with § 308 Section 2 and 3 of the Criminal Code, dangerous poisoning in the cases of Section 314 (2) in conjunction with Section 308 (2) and (3) of the Penal Code and attack on air and maritime transport in the cases of Section 316c (1) and (3) of the Criminal Code, if the action is appropriate in the circumstances,

a)

to affect the stock or security of a State;

b)

eliminate, repeal, or undermine the constitutional principles of the Federal Republic of Germany,

c)

the security of the troops of the North Atlantic Covenant or of its non-German States Parties stationed in the Federal Republic of Germany, or

d)

to affect the stock or security of an international organization;

and the Federal Prosecutor General takes over the persecution because of the particular importance of the case,

4.

in the case of 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 Weapons Of War, if the act is in accordance with the circumstances

a)

is likely to pose a significant risk to the external security or external relations of the Federal Republic of Germany, or

b)

, and is capable of disturbing the peaceful coexistence of peoples,

and the Federal Attorney General takes over the persecution because of the special significance of the case.

A special significance of the case is also to be assumed if, in the cases of the first sentence, an investigative competence of the Federal Prosecutor appears, because of the transnational character of the act. At the opening of the main proceedings, the Oberlandesgericht (Oberlandesgericht) referred the case to the district court in the cases of point 1, in the cases of points 2 to 4 to the local court or district court, if a special meaning of the case is not present. (3) In the matters 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 Oberlandesgericht (§ 169 (1) sentence 1 of the Criminal Procedure Code) in the cases referred to in § 304 (5) of the Criminal Procedure Code. (4) These Oberlandesgericht also decide on the appeal against dispositions 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 (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 to which according to § 142a for the Prosecution of criminal matters is the responsibility of the federal government, these Higher Regional Courts exercise jurisdiction under Article 96 (5) of the Basic Law. (7) As far as the countries are due to criminal proceedings, in which the Higher Regional Courts in Exercise of the jurisdiction of the federal government to decide, process costs and expenses of If they have to pay compensation or compensation, they may require the Federal Government to reimburse them. Unofficial table of contents

§ 120a

(1) If, in the first legal proceedings, a criminal Senate has reserved the order for the preservation of the security or, in the case of § 66b of the Criminal Code, it has decided to act as a criminal court, that penal Senate is in the first legal suit for the hearing and decision on the (2) In the case of § 66b of the Penal Code, § 462a (3) sentences 2 and 3 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 120b

In criminal matters, the Higher Regional Courts, in whose district the state governments have their seat, are responsible for the negotiation 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. Unofficial table of contents

Section 121

(1) The Oberlandesgericht (Oberlandesgericht) are also responsible in criminal matters for the hearing and decision on the legal remedies:

1.

the revision against

a)

the judgments of the criminal court, which cannot be appealed against;

b)

the appellate judgments of the small and large Trial Chambers;

c)

the judgments of the Landgericht in the first legal suit, if the revision is based solely on the violation of a legal standard contained in the Land laws;

2.

the appeal against criminal proceedings, to the extent that the jurisdiction of the Trial Chambers or the Federal Court of Justice is not justified;

3.

the appeal against decisions of the Trial Chamber pursuant to Section 50 (5), § 116, 138 (3) of the Penal Code and the Youth Chambers according to § 92 (2) of the Juvenile Justice Act.

(2) Will a Higher Regional Court in its decision

1.

in accordance with paragraph 1 (1) (a) or (b), by a decision taken after 1 April 1950,

2.

in accordance with paragraph 1 (3), by a decision taken after 1 January 1977, or

3.

pursuant to paragraph 1 (2), on the execution of a measure of accommodation in security custody or in a psychiatric hospital, or on the admissibility of its further enforcement, from a period after 1 January 2010 Decision

(3) A country in which several Oberlandesgericht (Oberlandesgericht) are established may be subject to the law of the Federal Court of Justice (Bundesgerichtshof). (3) In accordance with paragraph 1 (3), the national government shall assign the decisions of a Higher Regional Court to the Oberlandesgericht (Oberlandesgericht) for the districts of several Oberlandesgericht (Oberlandesgericht) or the Supreme Regional Court (Oberlandesgericht), provided that the allocation for an appropriate promotion or quicker execution of the A method is expedient. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 122

(1) The Senate of the Higher Regional Courts shall decide, in so far as it is not in accordance with the provisions of the process laws, to decide in place of the senate of the individual judges, in the occupation of three members with the inclusion of the chairman. (2) The criminal senate 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 case has been referred back by the Court of Appeal, the penal Senate, which is now responsible, may again decide on its occupation in accordance with the second sentence of the second sentence.

Ninth Title
Bundesgerichtshof

Unofficial table of contents

§ 123

The seat of the Federal Court of Justice is Karlsruhe. Unofficial table of contents

Section 124

The Federal Court of Justice shall be staffed with a President, as well as with the chairmen of the Judges and other Judges. Unofficial table of contents

§ 125

(1) The members of the Federal Court of Justice shall be appointed by the Federal Minister of Justice together with the Judge Electoral Committee in accordance with the Judge Elections Act and appointed by the Federal President. (2) The member of the Federal Court of Justice can only appoint who has completed the thirty-fifth year of life. Unofficial table of contents

§ § 126 to 129 (omitted)

Unofficial table of contents

§ 130

(1) In the case of the Federal Court of Justice, civil and criminal senates are formed and investigating magistrates are appointed. 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 serve the seats for investigating magistrates of the Federal Court of Justice. . Unofficial table of contents

Section 131

(dropped) Unofficial table of contents

Section 131a

(dropped) Unofficial table of contents

Section 132

(1) In the case of the Federal Court, a large Senate for civil matters and a large Senate for criminal matters are formed. The Great Senate forms the United Grand Senate. (2) If a Senate in a point of law wants to deviate from the decision of another Senate, the Grand Senate for Civil Matters shall decide if a civil Senate is from another civilian Senate or from another Senate. the Great Civilian 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 is held by a criminal Senate or by the Grand Senate for Criminal matters or a criminal Senate by a civilian senate or by 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, upon request of the Senate, Has declared that it adheres to its legal interpretation. 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 § 74 (2) sentence 1 of the auditor's order shall remain unaffected. (4) The (5) The Great 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. Senate for civil matters shall consist of the President and a member of the civil senate, who shall: Great Senate for Criminal Matters from the President and two members of the penal 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 consists 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. Unofficial 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 jump revision, the legal complaint and the jump-right complaint. Unofficial table of contents

Section 134

(dropped) Unofficial table of contents

Section 134a

(dropped) Unofficial table of contents

§ 135

(1) In criminal matters, the Federal Court of Justice is responsible for negotiating and deciding on the appeal of the revision against the judgments of the Oberlandesgericht in the first legal suit and against the judgments of the District Courts in the first legal suit, insofar as (2) The Federal Court of Justice also decides on appeals against decisions and orders of the Higher Regional Courts in the first sentence of § 138 d (6) sentence 1, § 304 (4) sentence 2 and § 310 (1) of the The Code of Criminal Procedure, as well as complaints against injunctions of the Investigating judge of the Federal Court of Justice (Section 169 (1) sentence 2 of the Criminal Procedure Code) in the cases referred to in § 304 (5) of the Criminal Procedure Code. Unofficial table of contents

Section 136

(dropped) Unofficial table of contents

Section 137

(dropped) Unofficial table of contents

§ 138

(1) The Grand Senate and the United Grand Senate only decide on the legal issue. They can decide without oral proceedings. The decision is binding in the present case for the discerning Senate. (2) Prior to the decision of the Grand Senate for Criminal Matters or the United Grand Senate and in litigation which confront a declaration of death on the part of the United Kingdom. Subject matter, the Federal Attorney General is to be heard. The Advocate General may also present his opinion at the meeting. (3) The decision of the case requires a new oral hearing before the discerning senate, the parties concerned shall be informed of the decision taken by the Legal question to be charged to the trial. Unofficial table of contents

Section 139

(1) The Senate of the Federal Court of Justice shall decide in the occupation 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. Unofficial table of contents

§ 140

The business operation shall be governed by a rules of procedure which the plenary decides.

9a. Title
Responsibility for retrial in criminal matters

Unofficial table of contents

§ 140a

(1) In the retrial, another court with the same jurisdiction shall decide, as the court against whose decision the request for resumption of proceedings is addressed. An application for a judgment issued in the revision procedure decides otherwise by another court of order of the court against whose judgment the revision was filed. (2) The Presidium of the Oberlandesgericht appointed before the beginning of the financial year (3) If only a district court is established in the district of a Higher Regional Court, it shall decide on the application for which the court referred to in paragraph 1 of this article. The District Court, another Trial Chamber of the Regional Court, which is responsible for the Presidium of the Higher Regional Court is determined before the beginning of the financial year. The State Governments shall be authorized, by means of a 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 reach the Bureau of an adjacent State Court in accordance with the provisions of paragraph 2. To assign to the High Regional Court for those applications for which the Regional Court is competent pursuant to paragraph 1. The State Governments can transfer the authorization to the Land Justice Administrations by means of a decree law. (4) In the countries where only a Higher Regional Court and only one district court are established, paragraph 3 sentence 1 shall apply mutagenically. 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. (5) In those countries where only one district court has been established and a district court is assigned the criminal cases for the districts of the other local courts, the first sentence of paragraph 3 shall apply: and the second sentence of paragraph 4. (6) If the retrial is requested, that had been decided by a Higher Regional Court in the first legal suit, so another Senate of this Higher Regional Court is responsible. Section 120 (5) sentence 2 shall apply mutas. (7) In the case of decisions relating to requests for the preparation of a retrial, paragraphs 1 to 6 shall apply mutatily.

Tenth title
Prosecutors

Unofficial table of contents

Section 141

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

Section 142

(1) The Office of the Public Prosecutor's Office shall be exercised:

1.

in the case of the Federal Court of Justice by a Federal Attorney General and by one or more federal prosecutors;

2.

in the case of the Oberlandesgericht and the district courts, by one or more prosecutors;

3.

in the case of the local courts by one or more public prosecutors or other prosecutors.

(2) The jurisdiction of the official attorneys does not extend to the judicial procedure for preparing the public action in criminal matters, which are the responsibility of the courts other than the local courts. (3) Referensees may be To carry out the duties of a lawyer and, on a case-by-case basis, to carry out the duties of a public prosecutor under the supervision of the public prosecutor. Unofficial table of contents

§ 142a

(1) In accordance with § 120 (1) and 120 (1) and (2), the Advocate General of the Federal Republic of Germany shall also exercise the office of the Public Prosecutor's Office in the courts of this court. 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 decides. (2) The Federal Attorney General issues the proceedings before filing an indictship or an application (Section 440 of the Criminal Procedure Code) to the State Prosecutor's Office,

1.

in the case of the following offences:

a)

Offences in accordance with § § 82, 83 para. 2, § § 98, 99 or 102 of the Criminal Code,

b)

offences in accordance with § § 105 or 106 of the Criminal Code, if the act is directed against an institution of a country or against a member of such a body,

c)

offences in accordance with section 138 of the Criminal Code in connection with one of the criminal provisions referred to in point (a), or

d)

Offences according to § 52 para. 2 of the Patent Law, in accordance with § 9 para. 2 of the Utility Model Act in conjunction with § 52 paragraph 2 of the Patent Act or pursuant to § 4 paragraph 4 of the Semiconductor Protection Act in conjunction with § 9 para. 2 of the utility model law and § 52 (2) of the Patent Act;

2.

in matters of diminutable importance.

(3) A charge to the State Prosecutor's Office is not required,

1.

if the act touches the interests of the federal government to a particular extent, or

2.

if it is necessary, in the interests of the legal entity, that the Federal Attorney General persecuts the act.

(4) The Federal Prosecutor General shall return to the State Prosecutor's Office a case which he has taken over in accordance with Section 120 (2), first sentence, No. 2 to 4 or Section 74a (2), if a special meaning of the case no longer exists. Unofficial table of contents

Section 143

(1) The local jurisdiction of the Public Prosecutor's Office shall be determined according to the local jurisdiction of the General Court in which the Public Prosecutor's Office is responsible. 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 mutagenic if the jurisdiction of a public prosecutor has been removed and another public prosecutor's office has become competent. (2) An incompetent official of the public prosecutor's office has to take up the matter within his district. (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) The official of a public prosecutor's office may be responsible for the counties of several countries. or Higher Regional Courts, jurisdiction in the prosecution of certain types of criminal matters, the enforcement of sentences in these matters, and the processing of requests for legal assistance from bodies outside the territorial scope of this Act shall be assigned, provided that this is appropriate for the provision of relevant support, or In such cases, the local authority of the public prosecutor's office in the cases assigned to them extends to all the courts of the districts for which those matters are assigned to them. (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, jurisdiction in the enforcement of sentences and the enforcement of measures of improvement and to be allocated in whole or in part, provided that this is appropriate for a relevant It is appropriate to promote or accelerate the execution of the enforcement procedures. The national governments can transfer the authorisation by means of a legal regulation to the State Justice Administrations. Unofficial table of contents

Section 144

Where the public prosecutor's office of a court is composed of several officials, the persons associated with the first official shall act as his representative; they shall, if they appear for him, be present at all the official orientations of the same without proof of a special order. Unofficial table of contents

§ 145

(1) The first civil servants of the Public Prosecutor's Office of the Higher Regional Courts and the District Courts are entitled to take over the official powers of the Public Prosecutor's Office in all courts in their district or, with their perception, to take on a different (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

Section 145a

(dropped) Unofficial table of contents

Section 146

The officials of the public prosecutor's office shall comply with the official instructions of their superiors. Unofficial table of contents

Section 147

The right of supervision and supervision is to be found:

1.

the Federal Minister of Justice with regard to the Federal Prosecutor General and the Federal Prosecutors;

2.

the State Justice Department 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 the officials of the Public Prosecutor's Office in their district.

Unofficial table of contents

§ 148

The Federal Prosecutor General and the federal prosecutors are officials. Unofficial table of contents

§ 149

The Federal Prosecutor General and the Federal Prosecutors are appointed by the Federal President on a proposal by the Federal Minister of Justice, who requires the approval of the Bundesrat. Unofficial table of contents

Section 150

The public prosecutor's office is independent of the courts in their official directions. Unofficial table of contents

Section 151

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

Section 152

(1) In this capacity, the investigators of the Public Prosecutor's Office are obliged to comply with the orders of the Public Prosecutor's Office of their district and of the officials who have been assigned to them. (2) The State Governments are authorized to Regulation 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.

Eleventh Title
Office

Unofficial table of contents

Section 153

(1) Each court and each prosecutor's office shall establish a place of business occupied by 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 Preparatory service of two years has been completed and the examination for the middle judicial service or for the middle service has existed in the case of the labour courts. Six months of the preparatory service are to be allocated to a technical course. (3) The tasks of an official of the office can also be entrusted with the task of carrying out the duties of a document.

1.

who has passed the right-pass examination or the exams for the upscale service in the case of labour jurisdiction,

2.

who, in accordance with the rules on career change, has been given the ability to pursue the career of the middle judicial service;

3.

Who has been accepted into the career of the middle judicial service in accordance with the provisions of national law.

(4) The more detailed rules for the implementation of paragraphs 1 to 3 shall be adopted by the Federal Government and the Länder in respect of their area. They can 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 Federal Government and the Länder can also determine that tasks are to be carried out with tasks. an official of the office may also be entrusted with the task of providing a level of knowledge and performance equivalent to that provided by the training provided for in paragraph 2 in the field to which it is to be transferred. In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, such persons may continue to be entrusted with the duties of an official of the office of the office of office until 25 April 2006 in accordance with Annex I, Chapter III. Area A, Section III (1) (q) (1), on the agreement of 31 August 1990 (BGBl). 889, 922), have been entrusted with these tasks.

Twelfth Title
Delivery and Enforcement officials

Unofficial table of contents

Section 154

The service and business relationships of the officials responsible for the deliveries, charges and enforcements (court enforcer) shall be provided by the Federal Court of Justice by the Federal Minister of Justice, at the regional courts by the National justice administration. Unofficial table of contents

§ 155

The enforcator is excluded from the exercise of his office by law:

I.

in civic litigation:

1.

if he himself is a party or legal representative of a party or is party to a party in the relationship of a co-entitled, co-obligated or liable for damages;

2.

if his spouse or life partner is party, even if the marriage or life partnership no longer exists;

3.

if a person is a party with which he or she is related in a straight line, is related in the sidelines to the third degree, or has been or has been, until the second degree, being or was;

II.

in criminal matters:

1.

if he himself is injured by the offence;

2.

if it is or has been the spouse or life partner of the accused or injured;

3.

in the case of the accused person or the person injured in the relationship or the relationship of weakness referred to in point I 3, or where he was in the position of the person concerned.

Thirteenth Title
Legal assistance

Unofficial table of contents

Section 156

The courts have legal assistance in civil matters and in criminal matters. Unofficial table of contents

Section 157

(1) The request for legal assistance shall be addressed to the local court in whose district the official act is to be carried out. (2) The State Governments shall be authorized, by means of a legal regulation, to carry out legal assistance requests for the districts to assign, in whole or in part, a number of local courts to one of them, provided that this facilitates or accelerates the transport of legal assistance. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 158

(1) The request shall not 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. Unofficial table of contents

Section 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) The decisions shall be taken without oral proceedings at the request of the parties or the requesting court. Unofficial table of contents

§ 160

Enforcements, charges and deliveries shall be effected in accordance with the rules of the process regulations, irrespective of whether they are to be carried out in the country to which the court of proceedings belongs or in another German country. Unofficial table of contents

Section 161

Courts, prosecutors and offices of the courts may, on the basis of a contract with a court enforceable, take advantage of the participation 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. Unofficial table of contents

Section 162

If a sentenced person is sentenced to imprisonment outside the district of the criminal enforcement authority, the public prosecutor's office of the district court in whose district the convicted person is located may, in order to enforce the sentence, be held liable Request. Unofficial table of contents

Section 163

If a custodial sentence is to be carried out in the district of another court or if a convicted person in the district of another court is to be taken and delivered for the purpose of criminal justice, the prosecutor's office shall be responsible for the District court of the district to request execution. Unofficial table of contents

Section 164

(1) The costs and expenses of mutual legal assistance shall not be reimbursed by the applicant authority. (2) Fees or other public charges to which the documents (documents, protocols) sent by the requesting authority shall be subject to the law of the requested authority. authority, stay out of approach. Unofficial table of contents

Section 165

(dropped) Unofficial table of contents

Section 166

A court may also make official acts within the scope of that law outside its district. Unofficial table of contents

Section 167

(1) The police officers of a German country are authorized to continue the persecution of a fugitive on the territory of another German country and to take the fugitive there. (2) The term is immediately addressed to the next court or court. to remove the next police authority in the country where it was taken. Unofficial table of contents

§ 168

The provisions of a German country concerning the notification of files of a public authority to a court of that country are to be applied even if the requesting court is a member of another German country.

Fourteenth Title
Public and seating police

Unofficial table of contents

§ 169

The hearing before the discerning court, including the promulgating of the judgments and decisions, shall be 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. Unofficial table of contents

§ 170

(1) Negotiations, discussions and hearings in family matters, as well as in matters of voluntary 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 care and accommodation. (2) The court of appeal may allow the public, unless the interest of a party to the proceedings is not out of public discussion. Unofficial table of contents

Section 171

(dropped) Unofficial table of contents

§ 171a

The general public may be excluded from the main trial or part of it if the procedure is to place the accused in a psychiatric hospital or an equalising institution, alone or in addition to a penalty, to the subject. Unofficial table of contents

§ 171b

(1) The public can be excluded in so far as circumstances from the personal sphere of life of a process participant, a witness or one by means of an illegal act (§ 11 paragraph 1, point 5 of the Criminal Code) are spoken of in the public , the public discussion of which would be in breach of legitimate interests. This shall 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 persons by the offence. (2) The public shall be excluded to the extent that in proceedings for crimes against sexual self-determination (§ § 174 bis 184h of the penal code) or against life (§ § 211 to 222 of the Criminal Code), for mistreatment of protective orders (§ 225 of the Criminal Code) or for offences against personal freedom in accordance with § § 232 to 233a of the Criminal Code a witness under the age of 18 is heard. (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 in proceedings for 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 of the Article (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 shall be excluded from the exclusion of the (5) The decisions referred to in paragraphs 1 to 4 shall be Unquestionable. Unofficial table of contents

Section 172

The court may exclude the public for the hearing or for a part of it if:

1.

to endanger state security, public order, or morality,

1a.

to endanger the life, the body or the freedom of a witness or another person,

2.

an important commercial, operational, inventive or tax secrecy, which would violate overriding legitimate interests by public discussion,

3.

is a private secret whose unauthorised disclosure is punishable by the witness or expert with punishment,

4.

is a person under 18 years of age.

Unofficial table of contents

Section 173

(1) The proclamation of the judgment as well as the final decision in matrimonial matters and family matters shall be made public in any case. (2) By a special decision of the Court of First Instance, under the conditions of § § 171b and 172, also for the proclamation of the the reasons for the decision or a part of it shall be excluded from the public. Unofficial table of contents

§ 174

(1) The exclusion of the public is to be negotiated in a non-public meeting if a party concerned requests it 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 will cause a serious disturbance to the order at the meeting. Episode would have. In the cases of § § 171b, 172 and 173, the announcement must be stated for which reason the public has been excluded. (2) As far as the public is excluded due to endangerment of state security, the press, radio, and radio 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 concerned about the threat to state security or to the provisions of Sections 171b and 172 (2) and (3) In the event of exclusion, the Court of First Instance may give the persons present the secrecy of: The facts which come to the attention of the proceedings or the official document relating to the subject matter 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. Unofficial table of contents

§ 175

(1) Access to public negotiations may be denied to such persons who do not appear in a manner commensurate with the dignity of the Court. (2) The access of individuals to non-public negotiations may not be possible. be allowed by the court. In criminal cases, the injured person shall be allowed to enter. There is no need for a hearing of the parties concerned. (3) The exclusion of the public is not contrary to the presence of the officials of the administration of justice in the proceedings before the discerning court. Unofficial table of contents

Section 176

The chairman shall be responsible for maintaining order at the meeting. Unofficial table of contents

Section 177

Parties, defendants, witnesses, experts or persons who are not involved in the trial and who do not comply with the orders taken to maintain order may be removed from the meeting room and may be ordered to be held in order. , and shall be held during a period to be determined, which may not exceed twenty-four hours. In the case of persons who are not involved in the hearing, the chairman, in other cases the court, decides on the measures provided for in the first sentence. Unofficial table of contents

Section 178

(1) Persons who are not parties, accused, witnesses, experts or persons who are not involved in the trial, who are guilty of an undue charge, may, subject to prosecution, have a monetary order of up to one thousand. It shall be fixed for up to one week and shall be carried out immediately. At the same time, in the case of the case that the latter cannot be recovered, it is necessary to determine the extent to which administrative detention is to take place. (2) On the fixing of administrative funds, decisions shall be taken on persons who are in the case of the hearing, the chairman, in the other cases the court. (3) If, because of the same act, he is later recognized for punishment, the order fee or the administrative detention shall be charged to the penalty. Unofficial table of contents

§ 179

Enforcement of the order of order referred to above shall have the direct effect of the chairman. Unofficial table of contents

§ 180

The powers specified in § § 176 to 179 are also available to a single judge in the case of the taking of official acts outside the session. Unofficial table of contents

§ 181

(1) If, in the cases of § § 178, 180, a means of order is fixed, the decision may be appealed within the period of one week from the date of its notice, provided that it is not from the Federal Court of Justice or from a (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

Where an administrative order has been fixed for an undue charge or if a person has been removed for administrative detention or has been removed from a person involved in the trial, the decision of the court and its instigation shall be included in the minutes. Unofficial table of contents

Section 183

If an offence is committed at the meeting, the court shall determine the facts and inform the competent authority of the protocol it has recorded. In appropriate cases, the provisional arrest of the perpetrator shall be available.

Fifteenth Title
Court language

Unofficial table of contents

Section 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. Unofficial table of contents

§ 185

(1) If negotiations are conducted with the participation of persons who are not proficient in the German language, an interpreter is to be assigned. 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 are written to the log or to an asset. In the appropriate cases, the protocol should be accompanied by a translation to be submitted by the interpreter. (1a) The court may allow the interpreter to take part in the proceedings, hearing or hearing in another place. shall be kept. The hearing, hearing or questioning shall be transmitted 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 all have the power of the foreign language. (3) In family matters and in matters of voluntary jurisdiction, the confiscation of an interpreter is not necessary if the judge of the language in which the persons concerned declare themselves is powerful. Unofficial table of contents

Section 186

(1) The communication with a person with a hearing-or speech-impaired person in the trial shall be made orally, in writing or with the help of a person who is permitted to be informed by the court, at the time of their election. For oral and written communication, the Court has to provide the appropriate technical aids. The hearing-or speech-disabled person must be informed of their right to vote. (2) The court may require written communication or order a person to be used as an interpreter if the person with hearing or speech is not responsible for the interpretation of his/her right to vote. The right to vote in accordance with paragraph 1 has not been exercised or that sufficient communication in the form chosen in accordance with paragraph 1 is not possible or is only possible at a disproportionate expense. Unofficial table of contents

§ 187

(1) The court draws up an interpreter or translator for the accused person or convicted person who is not powerful or who is obstructed by the German language, an interpreter or translator, to the extent that this is the exercise of his criminal procedural rights. is required. The Court of First Instance points out, in a language which he/she understands, that, in so far as the criminal proceedings are complete, he may claim the free use of an interpreter or translator free of charge. (2) Criminal procedural rights of the accused, which is not powerful to the German language, is usually the written translation of deprivation of deprivation orders as well as of indictments, punitive orders and non-legally enforceable judgmental. 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 can only do without a written translation effectively if he has previously been informed of his right to a written translation according to paragraphs 1 and 2. 2 and has been informed of the consequences of a waiver of a written translation. The instruction in accordance with the first sentence and the renunciation of the accused must be documented. (4) Paragraph 1 shall apply accordingly to persons who are entitled under § 395 of the Code of Criminal Procedure to join the public lawsuit with the secondary charge. Unofficial table of contents

Section 188

People who are not proficient in the German language afford Eide in the language they are familiar with. Unofficial 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 is the same as the oath. (2) If the interpreter is generally sworn in for transfers of the type in question in a country in accordance with the provisions of the national law, it shall be sufficient before all courts of law. (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 refrain from it. (4) The interpreter or a translator should be aware of the circumstances which he/she is aware of in his work , maintain secrecy. This is the court's point. Unofficial 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. Unofficial table of contents

Section 191

The interpreters shall be subject to the provisions on exclusion and rejection of the experts. The court or judge from which the interpreter is present shall decide. Unofficial table of contents

§ 191a

(1) A blind or visually impaired person may submit pleadings and other documents in a form that is perceptible to them in 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 without any barrier. 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 blind or visually impaired person who has been assigned or appointed by another person with the exercise of their rights. The Federal Ministry of Justice shall determine under which conditions and in which conditions the Federal Ministry of Justice will require the approval of the Federal Council. The documents and documents referred to in paragraph 1, which shall be made available by the parties to the file, shall be made available to a person who is blind or visually impaired, and whether and how this person has to participate in the exercise of their rights. (3) Are electronic forms introduced (Section 130c of the Code of Civil Procedure, Section 14a of the Code of Civil Procedure) Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, § 46f of the Labour Court Act, § 65c of the Social Court Act, § 55c of the Administrative Court of Justice, § 52c of the Financial Court Regulations) to make these blind or partially sighted persons accessible to the disabled. The standards of § 3 of the Barrier-Free Information Technology Ordination of 12 September 2011 (BGBl. 1843), as amended in the current version.

Sixteenth Title
Consultation and voting

Unofficial table of contents

§ 192

(1) In the case of 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 trial and in the case of the (3) These provisions should also be applied to spoons. Unofficial table of contents

Section 193

(1) In addition to the judges appointed for the decision, only the persons employed by the same court for their legal training and the scientific assistants employed in that court may be present in the deliberations and voting of the judges, to the extent that: (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 , provided that the chairman permits their presence and, in accordance with the Paragraphs 3 and 4 are required. The first sentence shall apply to foreign lawyers who are in a training relationship in the sending State. (3) The persons referred to in paragraph 2 shall be required to pay special duty on their application for secrecy. Section 1 (2) and (3) of the Obligations 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), breach 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 Presidents or the supervisory judge of the Court of First Instance. 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. Unofficial table of contents

§ 194

(1) The Chairman directs the deliberations, asks the questions and collects the votes. (2) disagreements on the subject matter, the version and the order of the questions or on the outcome of the vote the court decides. Unofficial table of contents

§ 195

No judge or spoon may refuse to vote on a question because he has remained in the minority in the vote on a previous question. Unofficial table of contents

§ 196

(1) The court shall decide, in so far as the law does not determine another, by an absolute majority of the votes. (2) In relation to sums to be decided upon, the court shall decide more than two opinions, the opinions of which do not have a majority in themselves, the votes cast for the largest sum will be added to the initially lower amount until a majority is obtained. (3) In a criminal case, apart from the question of guilt, there are more than two opinions, the absence of which is not the required majority shall be the most disadvantaged in the case of the accused to be added to the minimum adverse event until the required majority is obtained. If there are two opinions in the criminal case, without the need for the necessary majority, the milder opinion shall apply. (4) In the court occupied by two judges and two spoons, there shall be a question on which a simple majority shall apply. , the Chairman's vote shall be the same as the vote. Unofficial table of contents

§ 197

The judges vote according to the seniority, with the same seniority after the age of life, honorary judges and spoons after the age of age; the younger is voting before the older. The spoons vote in front of the judges. If a rapporteur is appointed, he will vote first. Most recently, the chairman agrees.

Seventeen titles
Legal protection in the event of excessive legal proceedings and criminal investigation proceedings

Unofficial table of contents

§ 198

(1) Anyone who suffers from a disadvantage as a party to the proceedings as a result of an unreasonable duration of a court proceedings shall be compensated appropriately. 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 and third parties. (2) A disadvantage that does not apply. Asset disadvantage is presumed if a trial has lasted inappropriately long. For this purpose, compensation can only be claimed unless, in the circumstances of the individual case, redress is 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 provisions of sentence 3, the amount is unequal in the circumstances of the individual case, the court may set a higher or lower amount. (3) Compensation shall be granted to a party to the proceedings only if, in the case of the court dealing with the case, the duration of the proceedings is the same as the duration of the case. of the process (delay test). The delay may be levied only if there is cause for concern that the procedure is not completed within a reasonable 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 be pointed out. 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 proceedings are delayed in another court, a further delay is required. (4) Resurrection in another way is possible, in particular, by the determination of the compensation court, that the duration of the proceedings was inappropriate. 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 fulfilled. (5) A claim for the enforcement of a claim referred to in paragraph 1 may be levied at the earliest six months after 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 is not transferable until the final decision on the action is final. (6) For the purposes of this provision,

1.

a trial of each proceeding from the initiation to the final conclusion, including a procedure for the grant of provisional legal protection and the granting of procedural or procedural aid, except where: Insolvency proceedings following its opening; in the opened insolvency proceedings, the establishment of a decision shall be deemed to be a judicial process;

2.

a party to the proceedings of each party and of any party to a court proceedings, with the exception of the constitutional bodies, the institutions of public administration and other public bodies, in so far as these are not carried out in the exercise of a self-governing law is involved in a procedure.

Unofficial table of contents

§ 199

(1) In the case of criminal proceedings, including the procedure for preparing the public action, § 198 shall apply in accordance with paragraphs 2 to 4. (2) During the proceedings for the preparation of the public action, the Public Prosecutor's Office shall enter into force and in accordance with the procedure laid down in Article 1 (3) If a criminal court or the public prosecutor's office have the following cases, the financial authority shall be replaced by the financial authority to the place of the court. the unreasonable duration of the procedure for the benefit of the accused, this is a sufficient reparation in other ways in accordance with § 198 (2) sentence 2; in this respect, § 198 (4) shall not apply. If the accused person in a criminal case desires compensation due to a long duration of proceedings, the compensation court is bound to a decision of the criminal court in respect of the assessment of the appropriateness of the duration of the proceedings. (4) Private property is not a party to the proceedings within the meaning of Section 198 (6) (2). Unofficial table of contents

§ 200

The country is liable for disadvantages which have occurred due to 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. Unofficial table of contents

Section 201

(1) The Oberlandesgericht (Oberlandesgericht) is responsible for the claim for compensation against a country, in the district of which the contested proceedings were carried out. The Federal Court of Justice is responsible for the lawsuit for compensation against the federal government. These powers are exclusive. (2) The provisions of the Code of Civil Procedure on the proceedings before the courts of the country 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, is 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 there is no claim to compensation, the court shall not be entitled to the proceedings. not in the claimed amount, but if an unreasonable period of proceedings is established, the court shall decide on the costs at its reasonable discretion.