3. Criminal Senate of the Federal Court of Justice

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3. Criminal Senate of the BGH with the associated higher regional courts:
  • Dusseldorf
  • Oldenburg in Oldenburg
  • Koblenz

    • The 3rd criminal panel of the Federal Court of Justice is one of six criminal panels 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 Richard Neumann (1878–1955) November 15, 1950 1951
    2 Hans Eberhard Rotberg (1903-1995) January 22, 1953 1954
    3 Roderich Glanzmann (1904–1988) July 15, 1954 September 30, 1956
    4th Friedrich-Wilhelm Geier (1903-1965) October 1, 1956 1 1958
    5 Ernst Kanter (1895–1979) 1958 September 30, 1959
    6th Heinrich Jagusch (1908–1987) October 8, 1959 1962
    7th Hans Eberhard Rotberg (1903-1995) January 1, 1963 December 31, 1966
    8th Carlhans Scharpenseel (1907-2002) 1967 December 31, 1975
    9 Hans Wolfgang Schmidt (* 1920) 1976 September 30, 1987
    10 Wolfgang Ruß (* 1930) 1st October 1987 April 30, 1995
    11 Klaus Kutzer (* 1936) July 7, 1995 June 30, 2001
    12 Klaus Tolksdorf (* 1948) September 20, 2001 January 31, 2008
    13 Jörg-Peter Becker (* 1953) April 14, 2008 December 31, 2012
    14th Klaus Tolksdorf (* 1948) January 1, 2013 30th of June 2013
    15th Jörg-Peter Becker (* 1953) July, 1st 2013 October 31, 2018
    16 Jürgen Schäfer (* 1962) 5th November 2018

    1 The 3rd Criminal Senate was dissolved with effect from October 1, 1956. From then on, the 6th Criminal Senate, which was established on March 1, 1954 and whose only President of the Senate was Friedrich-Wilhelm Geier , operated under his name .

    Jurisdiction

    The business distribution plan of the Federal Court of Justice regulates the jurisdiction of the criminal senates in such a way that each senate is responsible for revisions in criminal matters from the district of certain higher regional courts and also has so-called special powers. Currently (as of 2020) the 3rd Criminal Senate has the following tasks:

    1. The revisions in criminal matters for the districts of the higher regional courts of Düsseldorf , Oldenburg and Koblenz ;
    2. the revisions
      1. in criminal cases against the judgments of the higher regional courts in first instance and against the judgments of the criminal chambers referred to in § 74a GVG from all higher regional court districts;
      2. in criminal matters that relate to a criminal offense specified in Section 74a (1) or Section 120 (1) GVG;
    3. the revisions in criminal matters that concern criminal offenses under the Foreign Trade Act - also in connection with the Foreign Trade Ordinance;
    4. the revisions in criminal cases against the judgments of the criminal chambers, insofar as they relate to cases of the use of symbols of unconstitutional organizations (§ 86a StGB), the instructions for committing a serious act of violence endangering the state (§ 91 StGB), sedition (§ 130 StGB), the use of symbols Section 20 (1) sentence 1 no.5 of the Law on Associations, the non-disclosure of foreign nationals (Section 95 (1) no.8 of the Residence Act) or the denigration of the state and its symbols (Section 90a (1) and (2) StGB) or the violation against a ban on association in accordance with Section 74a Paragraph 1 No. 4 2nd half-sentence GVG;
    5. the complaints against
      1. Resolutions and orders of the higher regional courts in the cases specified in Section 304 (4) sentence 2 2nd half-sentence of the Code of Criminal Procedure, Article 310 (1) of the Code of Criminal Procedure, Section 102 sentence 2 JGG, as well as in the cases of Section 304 (4) sentence 2, third half-sentence (in conjunction with Section 138d Paragraph 6) StPO, insofar as the decision according to Sections 138a, 138b StPO was made in proceedings in which the 3rd Criminal Senate pursuant to No. 2 has to decide on the appeal of the appeal;
      2. Decisions of the investigating judge of the Federal Court of Justice;
      1. 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, insofar as it is the jurisdiction of the §§ 74a, 120 GVG Regional courts and higher regional courts and criminal matters are concerned for which the 3rd criminal senate has jurisdiction according to No. 3,
      2. the decisions according to § 121 Abs. 4 StPO,
      3. the decisions according to Sections 35 and 37 (4) EGGVG,
      4. the decisions according to § 138c para. 1 sentence 2 1st half-sentence StPO (decisions according to §§ 138a, 138b StPO in cases in which the investigations are conducted by the Attorney General),
      5. the decisions that are assigned to the Federal Court of Justice in accordance with the provisions of the Law Regulating the Law of the Investigative Committees of the German Bundestag of June 19, 2001 ( Federal Law Gazette I p. 1142 );
    7. the decisions in proceedings for the preventive fight against crime, for which the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction apply accordingly (e.g. according to the Federal Police Act and the Federal Criminal Police Act), unless the V Civil Senate (No. 2 a) responsible is;
    8. the decisions of the Federal Court of Justice according to Section 33 of the Act on Cooperation with the International Criminal Court (ICC Act).

    The special jurisdiction of the 3rd Criminal Senate therefore relates primarily to the area of state protection law , because here the first instance jurisdiction lies with the higher regional courts or the state protection chambers of the regional courts .

    decisions

    The competence of the 3rd Criminal Senate for state security matters also regularly includes cases of terrorist crimes, which is why its decisions often meet with strong public interest. In July 1961 the main hearing against Heinz Felfe , Johannes Clemens and Erwin Tiebel took place under chairman Kurt Weber . The 3rd Criminal Senate also had to rule on the appeals against decisions of the Hanseatic Higher Regional Court in Hamburg in connection with the attacks of September 11, 2001 . By judgment of 4 March 2004 he raised the first conviction of a suspected terrorist and referred the case back to the Court of Appeal. In a further judgment of June 9, 2005, the Senate confirmed the acquittal of the Hamburg Higher Regional Court in another case.

    The so-called Ossietzky decision in 1992 caused an international stir, in which the 3rd Criminal Senate rejected Rosalinda von Ossietzky-Palm's motion to reopen the case against her father, the Nobel Peace Prize laureate Carl von Ossietzky . Ossietzky was in 1931 in the so-called world stage process in a political process to 18 months' imprisonment for treason sentenced after secret military activities of the former Reichswehr had made public that against the Versailles Treaty violated.

    Web links

    Individual evidence

    1. ↑ Composition of the 3rd criminal senate. Federal Court of Justice, accessed on January 23, 2020 .
    2. ↑ Business distribution plan 2020. In: bundesgerichtshof.de. Retrieved January 23, 2020 .
    3. ↑ Bodo V. Hechelhammer : Spy without borders. Heinz Felfe. Agent in seven secret services . Piper, Munich 2019, ISBN 978-3-492-05793-6 , pp. 224-226 .
    4. ↑ Ivo Heiliger: Windy things from German jurisprudence. The Ossietzky decision of the Federal Court of Justice . (PDF; 496 kB)

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