Advisory secrecy

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The term advisory secrecy refers to the duty of judges to remain silent about what happened during the deliberations and votes . They are not exempted from this obligation even after the end of their employment relationship. The advisory secrecy is standardized in § 43 DRiG and according to § 45 also applies to honorary judges . Violated a judge's instructions, there is a disciplinary offense before, the disciplinary consequences can have.

background

The rule is intended to protect the independence of the judge. Exceptions are only permitted under special circumstances (such as a supra- legal emergency ).

At the Federal Constitutional Court, however, according to § 30 BVerfGG and § 56 of the rules of procedure of the Federal Constitutional Court a minority vote (of the outvoted judge) is announced.

Details in the criminal process

The main part of the criminal proceedings is the main public hearing , in which the facts are to be finally clarified after the rather summary interim and preliminary proceedings. This is done in a manner which, according to general trial experience, offers the greatest guarantee of researching the truth, enabling the defendant to be defended and reaching a fair judgment.

According to Section 260 of the Code of Criminal Procedure , the judges are advised before the judgment is pronounced and the main hearing is concluded. In contrast to the main hearing, this meeting is not part of the main hearing and always takes place in secret. It is possible that opposing views of the judges clash during the deliberation. These events remain unknown to the public prosecutor's office and the defense, who have previously openly discussed their differences of opinion. In order to keep the secret, the consultation should take place in a separate room and not in the conference room.

Individual evidence

  1. ↑ Federal and state regulations on the ethical conduct of judges and public prosecutors compiled by the Federal Ministry of Justice and Consumer Protection , March 2016
  2. ↑ Advisory secret , in: Creifelds, Rechtswörtbuch, Beck, Munich 1987, p. 164
  3. ↑ Kleinknecht / Meyer-Goßner, Code of Criminal Procedure , Book Two, Procedure in First Instance, Main Trial, Preliminary Remarks, in: Code of Criminal Procedure, Beck, Munich 1995, p. 695
  4. ↑ cf. Günter Spendel: Judicial advisory secrecy and its limits in criminal proceedings . ZStW 2009, pp. 403-420
  5. ↑ Hans-Heiner Kühne, Advisory Secret, in: Criminal Procedure Law, A Systematic Presentation of German and European Criminal Procedure Law, CF Müller, Heidelberg 2010, p. 595