1. Criminal Senate of the Federal Court of Justice

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1. Criminal Senate of the BGH with the associated higher regional courts:
  • Karlsruhe
  • Stuttgart
  • Munich
  • 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:

    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):

    1. The revisions in criminal matters for the districts of the higher regional courts in Munich , Stuttgart and Karlsruhe ;
    2. 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 );
    3. 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;
    4. 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;
    5. the revisions in tax and customs criminal matters; this does not apply if the same act constitutes a criminal offense under the Narcotics Act;
    6. 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

    Individual evidence

    1. ↑ Composition of the Senate - 1st Criminal Senate. In: bundesgerichtshof.de. Retrieved January 15, 2020 .
    2. Business distribution plan 2020. In: bundesgerichtshof.de. January 1, 2020, accessed January 15, 2020 .
    3. Gisela Friedrichsen : Ou - Obviously unfounded Legal Tribune Online (accessed February 11, 2011)
    4. Oliver García: "Federal Court of Justice: The sheer joy of punishing" . myops 15/2012, p. 55ff
    5. Dietmar Hipp: FEDERAL COURT: Karlsruhe Lottery . In: Der Spiegel . No. 31 , 2013 ( online ).

    Coordinates: 49 ° 0 ′ 21.6 ″  N , 8 ° 23 ′ 47.6 ″  E