5. Criminal Senate of the Federal Court of Justice

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5. Criminal Senate of the BGH with the associated higher regional courts and the Berlin Chamber of Commerce:
  • Bremen
  • Hamburg
  • Dresden
  • Schleswig
  • Saarbrücken
  • Berlin

    • The 5th Criminal Senate of the Federal Court of Justice is one of currently six criminal senates of the Federal Court of Justice (BGH) and a panel of the highest German court of ordinary jurisdiction . In contrast to the other tribunals of the BGH, the 5th Criminal Senate and the 6th Criminal Senate are not based in Karlsruhe but in Leipzig .

    Seat

    Villa Sack in Leipzig, 5th and 6th criminal senate

    The 5th Criminal Senate has been a foreign senate of this court since the Federal Court of Justice was founded. At first he was based in Berlin and was supposed to take into account, among other things, the legal opinion of the Western Allies, which the West German side always disputed, that West Berlin was not an integral part of the Federal Republic of Germany and could therefore not be "governed" from Karlsruhe. In Berlin, the Senate used the building of the former Reich Military Court at Witzlebenstrasse 4.

    Since July 14, 1997, the 5th Criminal Senate and the associated office of the Federal Prosecutor General have been based in Leipzig on the basis of the order of the Federal Minister of Justice of July 2, 1997 (Federal Gazette No. 125). The move from Berlin to Leipzig took place as “ compensation ” for the relocation of (parts of) the federal government from Bonn to Berlin. The change also refers to the historic seat of the Imperial Court in Leipzig.

    The 5th Criminal Senate is a so-called detached Senate of the Federal Court of Justice, which is provided for in Section 130 (2) of the Courts Constitution Act. Formally, the legal seat of the 5th criminal division of the Federal Court of Justice is in Karlsruhe ( Section 130 GVG), while the actual seat of the panel is in Leipzig. A brief to the 5th Criminal Senate can therefore also be submitted to the “headquarters” of the Federal Court of Justice in Karlsruhe.

    Since the proceedings before the Federal Court of Justice in criminal matters are represented by the Federal Public Prosecutor , he also has a corresponding branch in Leipzig.

    occupation

    The Senate currently has the following members:

    Chairperson

    No. Name (life data) Beginning of the term of office Term expires
    1 Richard Neumann (1878–1955) January 1952 December 31, 1952
    2 Friedrich-Wilhelm Geier (1903-1965) January 22, 1953 1954
    3 Hans Eberhard Rotberg (1903-1995) 1954 1956
    4th Werner Sarstedt (1909–1985) April 11, 1956 November 1, 1977
    5 Horst Herrmann (1924–1993) 1st December 1977 March 31, 1990
    6th Heinrich Wilhelm Laufhütte (* 1934) April 1, 1990 April 30, 1999
    7th Monika Harms (* 1946) May 19, 1999 May 31, 2006
    8th Clemens Basdorf (* 1949) August 17, 2006 October 31, 2014
    9 Norbert Mutzbauer (* 1957) November 28, 2016 April 30, 2020
    10 Gabriele Cirener (* 1966) 2nd June 2020 in office

    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. Currently (as of 2020) the 5th Criminal Senate (unchanged since 2012) has the following tasks:

    1. The revisions in criminal cases for the district of the Kammergericht Berlin and for the districts of the higher regional courts of Bremen , Dresden , Hamburg , Saarbrücken and Schleswig ;
    2. decisions on legal complaints in accordance with Section 29 EGGVG in matters of criminal justice or enforcement;
    3. the decisions in reference matters pursuant to Section 121 (2) No. 2 and 3 GVG.

    decisions

    Since the 5th Criminal Senate is responsible, among other things, for appeals against judgments of the Berlin Regional Court , it had to rule on the proceedings against former members of the SED Politburo (" Wall Rifle Trials "). By qualifying this as the perpetrator and not just as the instigator of the killings on the inner-German border, he confirmed the point of view of the perpetrator rule as a decisive criterion for the demarcation of perpetration and participation .

    Web links

    Individual evidence

    1. ↑ Georg Dietlein: Where is the 5th criminal division of the Federal Court of Justice “located”? In: Berliner Anwaltsblatt . tape 2018 , p. 372–374 ( berlineranwaltsblatt.de ).
    2. ↑ Meyer-Goßner / Schmitt, StPO, 62nd edition 2019, to 123 GVG margin no. 1
    3. ↑ Composition of the Senate - 5th Criminal Senate. In: bundesgerichtshof.de. Retrieved January 23, 2020 .
    4. ↑ The Federal Court of Justice - The Court: Division of responsibilities: Presidium resolutions on division of responsibilities 2016 - Presidium resolutions on division of responsibilities 2016. Accessed on February 16, 2017 .
    5. ↑ Business distribution plan 2020. In: bundesgerichtshof.de. Retrieved January 23, 2020 .

    Coordinates: 51 ° 19 ′ 57.1 ″  N , 12 ° 20 ′ 43.6 ″  E