District court Freiburg im Breisgau

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The Freiburg district court building

The Freiburg District Court is the court of ordinary jurisdiction in the state of Baden-Württemberg with its seat in Freiburg im Breisgau .

Jurisdiction

In the district court district, jurisdiction extends to civil , family and criminal matters as a court of first instance. In its function as a register court , the trade , association and property registers are also kept here . In addition, the following responsibilities exist, which go beyond its own judicial district : In family and foreclosure matters, it is also responsible for the districts of the district courts of Breisach, Müllheim, Staufen and Titisee-Neustadt. The local jurisdiction in insolvency proceedings is expanded to include the district court districts of Breisach, Emmendingen, Ettenheim, Kenzingen, Müllheim, Staufen, Waldkirch and Titisee-Neustadt. In commercial register matters, jurisdiction exists in the regional court districts of Freiburg, Konstanz, Offenburg and Waldshut-Tiengen, which thus includes all of southern Baden.

The Freiburg District Court is responsible for the entire state of Baden-Württemberg for incoming mutual legal assistance requests under the Hague Service and Taking of Evidence Convention.

Seat, district and affiliation

Branch office of the local court, Bismarckallee 2

The main building can be found at Holzmarkt 2, where the branch of the registry court is located. A branch of the district court is located in the "Zurich high-rise" at Bismarckallee 2, where the register court, the bankruptcy court, the foreclosure department and the fine department are also located.

The district court district includes the city of Freiburg as well as the places Au , Bötzingen , Buchenbach , Ehaben , Eichstetten , Glottertal , Gottenheim , Gundelfingen , Heuweiler , Horben , Kirchzarten , Oberried , March , Merzhausen , Pfaffenweiler , St. Märgen , St. Peter , Schallstadt , Sölden , Stegen , Umkirch and Wittnau .

As a court of first instance, the Freiburg District Court is located in the district of the Freiburg Regional Court and the Karlsruhe Higher Regional Court . It is one of the five presidential courts of Baden-Württemberg and is therefore subject to the supervision of the higher regional court and not that of the regional court.

building

Memorial plaque in the Freiburg District Court to commemorate the unjust judgments of the Special Court
Excavations in the courtyard of the district court

The judicial building in which the district court has its headquarters was built in 1848 in the late classicist style. It was originally planned as the seat of the district criminal court, which was to be set up on the basis of the draft of the Courts Constitution Act of 1845. Since the draft law was not passed in the course of the revolution of 1848 , this plan was never implemented. After initially being used for other purposes, it was the central judicial building in the city of Freiburg. In 1857 the district court and the public prosecutor moved into the building. This was later followed by the District Court, which was renamed the District Court in 1879 when the Reich Justice Acts came into force.

Towards the end of the 19th century, the building reached its capacity limit and an extension was planned, the construction of which was delayed between 1915 and 1921. The architect Adolf Lorenz (1882–1970) planned this extension on an adjoining site that was on the Holzmarktplatz opposite the Goethe Gymnasium (Holzmarkt 4). The new building was directly adjacent to the existing building and was built in the neo-baroque style. The adjoining building of the former forest management was later incorporated (Holzmarkt 6). This building is separated from the rest by an archway that spans the entrance to the former penal institution. The archaeologist Adolf Furtwängler was born in the building in 1853 .

From 1940 to 1945 in the Nazi era, the building also housed the Freiburg Special Court , which was responsible for the regional court districts of Freiburg, Konstanz, Offenburg and Waldshut. During this time, more than 1000 cases were pending, which were tried on the basis of special laws. 29 death sentences were also passed. In addition, in 1943 and 1944, the Reich Court Martial , which was the highest instance of Wehrmacht justice, met in this building at what was then Hindenburgplatz 2 . Criminal proceedings against members of the French resistance movement Réseau Alliance were heard here and at least 57 death sentences were passed. A plaque in the building reminds of this past. At the initiative of the President of the Local Court, Thomas Kummle, the history of both courts is being worked on. The results will be presented in an exhibition in spring 2020 [out of date] .

While Freiburg was the capital of the state of Baden , from 1947 to 1952 the entire state justice administration with the justice ministry, higher regional court of Freiburg, regional and district court, public prosecutor's office, public prosecutor's office and notary's office was housed in the building. Since the incorporation of the state of Baden into Baden-Württemberg, only the district court and the public prosecutor's office are in the building. Around 1990 the building was refurbished and renovated according to the plans of the Freiburg State Building Authority.

In the summer of 2017, the monument protection authorities approved the demolition of the prison building, which was built in 1850 as a "women's prison" and which served as a remand prison until 2004. In August 2017, GEDOK artists used the rooms for art events and guided tours through the exhibition. Furthermore, a former residential building, where the public prosecutor's office had offices, and an empty warehouse are being demolished. A new building was to be built for 22 million euros from May 2018 to summer 2021. Therefore, at the end of 2017, the public prosecutor moved into the Telekom building on Berliner Allee for three years.

In the spring of 2019, a barbican was found during a rescue excavation under the walls of several previous buildings of the court and earlier prisons from the 19th century . Presumably, this pre-fortification with loopholes was created around 1600 in front of the late medieval gate to the Schneckenvorstadt . In 1632 this defense system was built over by a triangular bastion by the fortress builder Elias Gumpp. The discovery will delay the completion of the new extension by nine months. As the construction site is located in the former Dreisam river bed , the water table is very high. An originally planned second basement floor was painted and a water pipe to Dreisam was installed. The official laying of the foundation stone for the new justice center took place in January 2020. Completion is now Template: future / in 2 yearsexpected in 2022 and costs 28 million euros

history

The district court was introduced in Freiburg in 1857. On the basis of an ordinance of July 18, 1857 of the Grand Duchy of Baden , from September 1, 1857 the administration of justice of the offices was to be carried out by independent local courts. Up to this point in time, administrative and judicial activities were carried out jointly in the offices of the lower level. A city court and a district court in Freiburg were introduced to establish it, which were merged in the Freiburg District Court in 1864 as part of the major judicial reform in Baden. The terminology has not changed to this day. The District Court of Freiburg has held the rank of Presidential Office Court since 1983.

Special

In November 1946 the main hearing against Heinrich Tillessen took place in room IV of the local court . Tillessen, who had already admitted the act during the preliminary investigation, was accused of having shot Matthias Erzberger , the former Reich Finance Minister and head of the German Armistice Commission to end the First World War , together with Heinrich Schulz in Bad Griesbach on August 26, 1921 . The Offenburg public prosecutor responsible for the crime scene brought charges before the Offenburg Regional Court . This initially refused to open the main hearing. After the Higher Regional Court of Freiburg overturned this decision, the trial took place in Hall IV of the Freiburg Local Court, as there was no suitable meeting room in Offenburg. The verdict was announced on November 29, 1946: the proceedings against Tillessen were discontinued under the impunity ordinance of 1933. The verdict was then overturned by the French Tribunal général du Gouvernement militaire , based in Rastatt , and the proceedings were referred to the District Court of Constance for a new hearing . On February 28, 1947, Tillessen was sentenced to 15 years in prison for murder and crimes against humanity .

See also

Web links

Commons : District Court Freiburg im Breisgau  - Collection of images, videos and audio files

Individual evidence

  1. ↑ Hague Service and Taking of Evidence Convention ( Memento of February 12, 2014 in the Internet Archive )
  2. ↑ University Archive of Albert-Ludwigs-University: C0044: Discount Adolf Lorenz , Access 2 October 2010
  3. ↑ Sign on the building
  4. ↑ Michael Hensle: When death sentences were imposed at the Holzmarkt in Freiburg. Badische Zeitung, November 17, 2019, accessed on November 18, 2019 .
  5. ↑ Jonas Volkert: Artists bring art to Freiburg's former "Weiberknast" - Freiburg - Badische Zeitung. Badische Zeitung, August 19, 2017, accessed on August 26, 2017 .
  6. ↑ Simone Höhl: Freiburg: With the first demolition, the construction of the Freiburg justice center begins on the Holzmarkt. Badische Zeitung, June 27, 2017, accessed on July 4, 2018 .
  7. ^ Joachim Röderer: Public Prosecutor moves to Berliner Allee - Freiburg - Badische Zeitung for three years. Badische Zeitung, December 5, 2017, accessed on December 5, 2017 .
  8. ↑ BZ editorial team: Archaeologists find a 400-year-old fort at the Freiburg district court. Badische Zeitung, April 10, 2019, accessed on April 11, 2019 .
  9. ↑ Manuel Fritsch: cannon balls under the court. Badische Zeitung, April 16, 2019, accessed on April 16, 2019 .
  10. ↑ Manuel Fritsch: Overground water pipe. Badische Zeitung, June 14, 2019, accessed on June 14, 2019 .
  11. ↑ Jens Kitzler: The new Freiburg justice center on Holzmarkt should be ready in 2022. Badische Zeitung, January 17, 2020, accessed on January 18, 2020 .
  12. ^ Cord Gebhardt: The case of the Erzberger murderer Heinrich Tillessen. Tübingen, Mohr 1995, ISBN 3-16-146490-7 , p. 61 ff.
  13. ^ Cord Gebhardt: The case of the Erzberger murderer Heinrich Tillessen. Tübingen, Mohr 1995, ISBN 3-16-146490-7 , pp. 185 ff.
  14. ^ Cord Gebhardt: The case of the Erzberger murderer Heinrich Tillessen. Tübingen, Mohr 1995, ISBN 3-16-146490-7 , p. 268 ff.
  15. ^ Cord Gebhardt: The case of the Erzberger murderer Heinrich Tillessen. Tübingen, Mohr 1995, ISBN 3-16-146490-7 , p. 282 ff.

Coordinates: 47 ° 59 ′ 31.7 "  N , 7 ° 50 ′ 58.4"  E