Assistance (law)

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A support ( spätmhd. Bīstant : help, support) may be used in administrative and judicial proceedings in addition to the parties or parties occur.

Unlike an authorized representative , the deputy is not authorized to represent . His procedural acts therefore generally do not work for or against the person involved or the party. However , what is presented by advisors is deemed to have been brought forward by the person involved , provided that it is not immediately revoked or corrected by the latter (example: Section 12 sentence 4 FamFG).

Assistants often work free of charge in the context of family, neighborly or similarly close personal relationships and are not subject to the criminal provision of Section 356 of the Criminal Code ( betrayal of parties ). Assistants do not need to be qualified to be a judge or to have special professional liability insurance .

civil right

In German civil procedural law , an adviser is a person who assists a party in an oral hearing without being a lawyer ( Section 90 ZPO ). Regardless of this, according to Section 78 ZPO, representation by a lawyer is required in many civil proceedings (for example in all proceedings before the regional court , the higher regional court or the federal court ).

Deputies can be those persons who are authorized to represent a party as authorized agents pursuant to Section 79 (2), sentence 2 of the German Code of Civil Procedure , i.e. essentially employees of the party, adult relatives , persons qualified to serve as judges , if the representation is not in connection with a paid activity , Consumer advice centers and other consumer associations as well as persons who provide debt collection services.

Other persons can be admitted as counsel by the court if this is relevant and if there is a need for this according to the circumstances of the individual case. They can, however, be rejected from the further presentation if they are not able to present an appropriate presentation and are not able to properly present the factual and disputed relationship ( Section 90 in conjunction with Section 79 ZPO).

Professional judges may not appear as assistants before the court to which they belong, and honorary judges may not appear before the panel to which they belong.

The assistance of the youth welfare office in the process of establishing paternity and the assertion of maintenance claims according to § § 1712 ff. BGB is a case of the legal representation of the child. The process assistance in adoption matters is itself involved in the process.

Legal advisers may provide certain extrajudicial legal services due to their special expertise .

Every witness is entitled to make his testimony in court dependent on the presence of his own legal advisor, even in closed sessions.

Criminal law

The witness counsel according to § 68b StPO is a lawyer who is allowed to be present at a witness hearing . The spouse, civil partner or legal representative of a defendant is to be admitted as counsel in the main hearing and to be heard upon request ( Section 149, Paragraph 1 or 2 of the Code of Criminal Procedure).

Public law

In the administrative procedure , a participant can appear for negotiations and discussions with an adviser ( Section 14 VwVfG, Section 13 SGB ​​X, Section 80 AO). This also applies to the oral hearing in court ( Section 67 (7) VwGO, Section 73 (7) SGG, Section 62 (7) FGO).

Canon Law

According to canon law, coadjutors provide certain assistance and assistance.

See also

Web links

Wiktionary: Assistance  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Reinhard Prenzlow: The Child Assistance in Austria Child Law and Youth Welfare ZKJ 1/2013, pp. 17-20 (comparative law)
  2. BVerfG of October 8, 1974 Az .: 2 BvR 747/73; NJW 1795, 103