2. Criminal Senate of the Federal Court of Justice

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2. Criminal Senate of the BGH with the associated higher regional courts:
  • Cologne
  • Frankfurt am Main
  • Jena

    • The 2nd criminal division of the Federal Court of Justice is one of the six criminal division of the BGH at present 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 Dagobert Moericke (1885–1961) April 5, 1951 December 31, 1955
    2 Paulheinz Baldus (1906–1971) January 1, 1956 June 21, 1971
    3 Rudolf Schumacher (* 1915) April 24, 1972 September 30, 1981
    4th Albert Mösl (* 1917) October 26, 1981 April 30, 1985
    5 Gerhard Herdegen (1926-2014) 1985 September 30, 1991
    6th Burkhard Jähnke (* 1937) October 2, 1991 May 31, 2002
    7th Ruth Rissing-van Saan (* 1946) June 6, 2002 January 31, 2011
    8th Andreas Ernemann (* 1947) January 1, 2012 June 30, 2012
    9 Jörg-Peter Becker (* 1953) July 1, 2012 30th of June 2013
    10 Thomas Fischer (* 1953) July, 1st 2013 April 30, 2017
    11 Jürgen Schäfer (* 1962) 22nd January 2018 4th November 2018
    12 Ulrich Franke (* 1957) 5th November 2018 in office

    Dispute over the presidency

    After the retirement of Senate Chairwoman Ruth Rissing-van Saan at the end of January 2011, a heated dispute broke out over her successor: Rolf Raum should be preferred to the previous deputy chairman Thomas Fischer , who had applied for the chairmanship . BGH President Klaus Tolksdorf judged Fischer, contrary to his own earlier assessments, no longer as equally suitable. Fischer successfully sued the Karlsruhe Administrative Court against the appointment of his competitor. Since the chairmanship of the Senate had been vacant since February 2011, the BGH Presidium appointed Andreas Ernemann , the chairman of the 4th Criminal Senate , who was about to retire , as chairman of the 2nd Senate. Whether this was permissible was disputed among the judges of the Senate: While one panel considered the occupation of the Senate to be improper and therefore suspended proceedings, other panel groups had no concerns.

    The Presidium of the Federal Court of Justice nevertheless stuck to its decision. Despite ongoing concerns about the occupation, the first-named group of rulings resumed the case law of the 2nd criminal senate in February 2012 after a conversation with the BGH president. The Federal Constitutional Court saw in the double occupation no violation of the right to the legal judge according to Article 101.1 sentence 2 GG and did not accept two constitutional complaints that asserted such a violation for decision. Andreas Ernemann retired on June 30, 2012, whereupon Jörg-Peter Becker, the chairman of the 3rd criminal senate , also took over the chairmanship of the 2nd criminal senate.

    On January 1, 2013, Tolksdorf rejoined the 3rd Criminal Senate as President of the Federal Court of Justice, resigning as chairman of the Cartel Senate of the Federal Court of Justice , which he chaired before his presidency. Becker was therefore chairman of the 2nd criminal senate without a case of double chairmanship.

    In May 2013 there was a final agreement between Fischer and Federal Justice Minister Sabine Leutheusser-Schnarrenberger (FDP). On June 25, 2013, Fischer was appointed presiding judge at the Federal Court of Justice. Since July 1, 2013 he was chairman of the 2nd criminal senate. Tolksdorf and Becker returned to their previous positions as chairmen of the Cartel Senate and the 3rd Criminal Senate, respectively.

    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. At present (as of 2020) the following tasks are assigned to the 2nd Criminal Senate:

    1. the revisions in criminal matters for the districts of the higher regional courts of Frankfurt am Main , Jena and Cologne ;
    2. the decisions of the Federal Court of Justice as a joint higher court (e.g. §§ 12 ff StPO, § 42 para. 3 JGG), unless the 1st criminal division (No. 6) or the 3rd criminal division (No. 6 a) is responsible is, the determination of the competent court according to § 19 para. 2 Supplementary Jurisdiction Act of August 7, 1952 ( Federal Law Gazette I p. 407 ), the determination of the competent public prosecutor according to § 6 para. 2 sentence 3 NS-AufhG of August 25, 1998 Federal Law Gazette I p. 2501 ) and the other decisions that are not assigned to any other criminal panel (among others according to Section 138c (1) sentence 3 StPO, Section 63 WpÜG);
    3. the decisions of the 4th criminal division in the event that the matter is referred back to another criminal division.

    The 2nd criminal division has the so-called innominate competence, through which it is assigned all criminal matters for which no other criminal division is responsible.

    decisions

    The 2nd criminal division of the Federal Court of Justice was responsible, among other things, for the revision of the so-called “ cannibal trial ” filed by both the public prosecutor's office and the accused . With a judgment of April 22, 2005, the Senate overturned the decision of the Kassel Regional Court and ordered the matter to be re-negotiated and ruled on. Here, the Senate made it clear that the murder feature for the satisfaction of the sexual drive may also include the act of killing time subsequent satisfaction when it has a reference to the act of killing and is part of the Tatplans, and that of § 168 of the Criminal Code ( disturbance of the dead peace ) protected legal interest a consent is not accessible.

    Trivia

    Due to frequent inquiries to the Grand Senate for Criminal Matters, the 2nd Criminal Senate is sometimes mockingly called the "Rebel Senate ".

    Individual evidence

    1. ↑ Composition of the Senate - 2nd Criminal Senate. In: bundesgerichtshof.de. Retrieved January 23, 2020 .
    2. ↑ Press release of the Federal Court of Justice of January 13, 2011
    3. ^ Politics: Judges with double life ( Memento from January 2, 2015 in the Internet Archive ) sueddeutsche.de
    4. ^ FAZ: Olympic intrigues games. In: FAZ.net . January 18, 2012, accessed December 19, 2014 .
    5. ↑ Frankfurter Neue Presse of February 21, 2012: "Dispute at the Federal Court of Justice escalated"  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.fnp.de  
    6. ↑ Press release No. 23/12 of February 9, 2012
    7. ^ Order of the Federal Constitutional Court of May 23, 2012
    8. ↑ Press release No. 103/12 of June 29, 2012 of the Federal Court of Justice
    9. ↑ Ursula Knapp: Dispute about Thomas Fischer: Judge dispute at the BGH ends. In: fr-online.de . May 28, 2013, accessed December 19, 2014 .
    10. ^ Federal Minister of Justice appoints judges at the Federal Court of Justice. BMJ press release. June 25, 2013, archived from the original on June 30, 2013 ; accessed on December 23, 2015 .
    11. ^ Presidium decision of the BGH of June 26, 2013 ( Memento of October 4, 2013 in the Internet Archive )
    12. ↑ Business distribution plan 2020. In: bundesgerichtshof.de. Retrieved January 23, 2020 .
    13. ^ Constantin Baron van Lijnden : Interview with Thomas Fischer. Retrieved August 21, 2016 .

    Web links

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