1. Criminal Senate of the Federal Court of Justice
The 1st Criminal Senate of the Federal Court of Justice is one of the current six Criminal Senates of the BGH and a panel of the highest German court of ordinary jurisdiction .
occupation
The Senate is currently composed as follows:
- Chairman: Rolf Raum
- Deputy Chairman: Markus Jäger
- Assessors: Thomas Bellay , Gabriele Cirener , Renate Fischer , Wolfgang Bär , Ute Hohoff , Claas Leplow , Christina Pernice .
Chairperson
No. | Name (life data) | Beginning of the term of office | Term expires |
---|---|---|---|
1 | Hans Richter (1885–1954) | October 2, 1950 | December 31, 1952 |
2 | Max Hörchner (1899–1957) | January 22, 1953 | July 12, 1957 |
3 | Friedrich-Wilhelm Geier (1903-1965) | 1958 | April 13, 1965 |
4th | Engelbert Hübner (1902–1985) | July 30, 1965 | December 31, 1969 |
5 | Gerd Pfeiffer (1919-2007) | March 5th 1970 | September 30, 1977 |
6th | Christian Mayr (* 1911) | 1978 | January 31, 1979 |
7th | Heinz Pikart (1914–1997) | February 13, 1979 | March 31, 1982 |
8th | Gerhard Herdegen (1926-2014) | April 1, 1982 | 1985 |
9 | Horst Schauenburg (* 1925) | May 2, 1985 | February 28, 1991 |
10 | Günter Gribbohm (* 1932) | March 1, 1991 | December 31, 1995 |
11 | Gerhard Schäfer (* 1937) | August 20, 1996 | October 31, 2002 |
12 | Armin Nack (* 1948) | November 1, 2002 | April 30, 2013 |
13 | Rolf Raum (* 1956) | July, 1st 2013 |
Jurisdiction
The schedule of the Federal regulates the competence of the criminal panels such that each Senate for revisions from the district certain Oberlandesgerichte is responsible and performs addition, so-called special responsibilities. The following tasks are currently assigned to the 1st Criminal Senate (as of 2020):
- The revisions in criminal matters for the districts of the higher regional courts in Munich , Stuttgart and Karlsruhe ;
- the revisions in military criminal matters (second part of the Military Criminal Law as amended on May 24, 1974 - Federal Law Gazette I p. 1213 );
- the revisions in criminal cases for offenses against national defense (Sections 109 to 109 k StGB ), unless the 3rd Criminal Senate is responsible for this;
- the decisions in accordance with Section 138 c (1) sentence 3 StPO in the event that the proceedings are pending before the generally competent 2nd criminal panel;
- the revisions in tax and customs criminal matters; this does not apply if the same act constitutes a criminal offense under the Narcotics Act;
- the decisions of the Federal Court of Justice as a joint higher court (e.g. §§ 12 ff StPO, § 42 Abs. 3 JGG ) and in the cases of § 13a StPO, as far as criminal matters are concerned, for which according to No. 5 the jurisdiction of the 1st criminal senate is justified.
decisions
As the first criminal division, the 1st criminal division had to deal with a case of subsequent preventive detention (Section 66b of the Criminal Code). With a judgment of May 11, 2005, the Senate overturned a decision of the Bayreuth Regional Court of October 15, 2004. The Senate made it clear that for the order of subsequent preventive detention beyond the dangerousness of the convicted person, specific facts that justify this dangerousness must be present, which only emerged after the conviction.
At the beginning of 2009, the 1st Criminal Senate, which was responsible for military criminal matters, overturned the judgments of the Münster Regional Court against members of the armed forces for mistreating recruits and referred them back for renegotiation. In the process, non-commissioned officers were partially acquitted . On the other hand, the criminal senate had criticized that the findings of the regional court and the conclusions drawn from them in the context of the assessment of evidence were not free of errors.
criticism
The 1st Criminal Senate, headed by Armin Nack, was criticized for rejecting an above-average number of revisions as obviously unfounded by a resolution pursuant to Section 349 (2) StPO; While around 35–40% of all reasoned decisions were predominantly successful for the accused in the other Senates, between 2005 and 2010 it was only 14.5% in the 1st Senate. The practice of "holding" as many judgments as possible and not revoking them gave the Senate the derisive name "Olli-Kahn-Senate" after the former national goalkeeper Oliver Kahn .
Web links
- Internet presence of the Federal Court of Justice
- Bernd von Heintschel-Heinegg on the 1 StR in the beck blog (accessed on February 11, 2011)
- Oliver García: "Federal Court of Justice: The sheer joy of punishing" , De legibus from December 4, 2011 (also in myops 15/2012, p. 55ff.)
Individual evidence
- ↑ Composition of the Senate - 1st Criminal Senate. In: bundesgerichtshof.de. Retrieved January 15, 2020 .
- ↑ Business distribution plan 2020. In: bundesgerichtshof.de. January 1, 2020, accessed January 15, 2020 .
- ↑ Gisela Friedrichsen : Ou - Obviously unfounded Legal Tribune Online (accessed February 11, 2011)
- ↑ Oliver García: "Federal Court of Justice: The sheer joy of punishing" . myops 15/2012, p. 55ff
- ↑ Dietmar Hipp: FEDERAL COURT: Karlsruhe Lottery . In: Der Spiegel . No. 31 , 2013 ( online ).
Coordinates: 49 ° 0 ′ 21.6 ″ N , 8 ° 23 ′ 47.6 ″ E