Participant
The term involved is used differently in German legal language:
Administrative law
Official process
- Applicant and respondent
- Addressee of an administrative act
- Party involved in a contract under public law
- Recruited or recruited
See § 13 VwVfG , for tax authorities or administrative acts of the tax authorities § 78 AO .
Administrative procedure under social law
Administrative court proceedings
In legal proceedings, the party involved has a special position in the administrative court proceedings. It is enumerated enumeratively in § 63 VwGO . Participants can therefore be:
- the plaintiff
- the defendant
- the summoned party
- the representative of the federal interest at the Federal Administrative Court or the representative of the public interest , if he makes use of his authority to be involved.
Regardless of the terminological mention in Section 63 VwGO, the question of the ability to participate in administrative court proceedings must be asked. According to this, only the plaintiff or defendant can be who can be assigned to one of the cases mentioned in Section 61 VwGO. Are able to participate in the process
- natural and legal persons ,
- Associations, insofar as they are entitled to a right,
- Authorities , if this is determined by state law.
Criminal law
The person involved in criminal law can be both the participant ( i.e. instigator or assistant ) and the perpetrator (in any form of perpetrator: individual perpetrator, indirect perpetrator, accomplice or secondary perpetrator).
The party involved is also mentioned in several criminal law provisions. According to § 142 StGB ( unauthorized removal from the scene of the accident , so-called driver escape), for example, anyone involved in an accident who has left the scene of the accident after an accident in road traffic without having made the necessary determinations possible is punished . In this sense, the party involved in the accident (cf. the legal definition in Section 142 (5)) is anyone whose behavior may have contributed to the cause of the accident under the circumstances. This is not only the driver of the vehicle , but possibly also a co-driver if he had distracted the driver. However, anyone who was not at the scene of the accident at the time of the accident cannot be involved in the accident.
In § 145d Abs. 2 Nr. 1 StGB the perpetrator deceives about a participant in the act. Here, as in criminal law, the participant is generally to be understood as a perpetrator or participant.
Civil procedural law
On realization process especially the plaintiff and are defendants involved, in addition, third parties such as in the case of primary or secondary intervention .
In the proceedings of the foreclosure auction and the receivership , the creditor , the debtor and those for whom a right is entered in the land register at the time of the entry of the enforcement note are considered to be participants. Participation can also be obtained by registering a certain right with the enforcement court ( § 9 ZVG ). These are u. a. Tenants or leaseholders, but also neighbors, if these rights z. B. assert a property violation (e.g. superstructure according to § 912 to § 917 BGB ) and these rights are therefore not derived from the land register, but from the BGB.
Fine proceedings
The person against whom a penalty proceedings directed, ie the one who in the opinion of the Authority offense has been, is party called. The position of those involved in the OWi procedure is characterized by passivity until the administrative offense notice is issued. The participant should be heard before the OWi notification is issued, but he can waive this right to be heard except for providing his personal details . Only after the OWi notification has been served can he actively intervene in the procedure and lodge an appeal ( objection ) and request access to the files via a lawyer .
Legal proceedings
In court proceedings, there are always several parties involved in the proceedings; Examples of this are the public prosecutor's office , co-plaintiff (only in criminal proceedings), lawyer or legal counsel , etc. For criminal proceedings in Germany, Martin Heger differentiates between necessary parties to the proceedings and other parties to the proceedings . According to Heger , the former are judges , public prosecutors , accused and defense counsel , the latter are police and injured parties .
See also
swell
- ↑ Rayner Jankowski Foreclosure Auction 24 . 3rd edition, p. 57 ff
- ^ Martin Heger : Criminal Procedure Law . Kohlhammer Verlag , Stuttgart 2013, ISBN 978-3-17-020462-1 .
literature
- Rayner Jankowski: Foreclosure chess manual for debtors . 2nd Edition. Rhombos, Berlin 2007, ISBN 978-3-938807-62-0 .
- Rayner Jankowski: Foreclosure Auction 24 - Real Estate - Ships - Aircraft Handbook for Bidders . 3. Edition. Rhombos, Berlin 2007, ISBN 978-3-938807-61-3 .
