Supplementary judge

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Substitute Judges are in German law judge who may be involved in negotiations of longer duration in addition to the prescribed by law judges ( § 192 GVG ). Supplementary judges take part in the entire oral hearing or main hearing , but are not allowed to participate in deliberations and decisions. In the event that, after the start of the oral hearing, a competent judge leaves the proceedings , for example because of illness or because of successful rejection due to bias , the next additional judge takes his place. If the chairman resigns, the senior assessor or the reporter takes his place, only this is then replaced by a supplementary judge.

The presence of additional judges is ordered by the chairman prior to the start of the oral hearing at his due discretion and is not contestable. The person of the additional judges to be called in follows from the schedule of responsibilities .

The statutory regulation applies directly to ordinary jurisdiction , i.e. both civil and criminal proceedings . The laws on other jurisdictions also refer to this provision ( Section 9 LandwVerfG , Section 116 BRAO , Section 9 Paragraph 2 ArbGG , Section 61 Paragraph 2 SGG , Section 52 FGO , Section 55 VwGO ). However, the regulation is only of practical importance for criminal proceedings, since only there the principle applies that the judgment may only be passed by judges who have participated in the entire main hearing. The regulation on supplementary judges also applies to lay judges . Additionally called jury members are called supplementary jury members .

Main hearings in criminal cases often take a long time in the case of serious allegations and complicated issues. The involvement of supplementary judges and supplementary lay judges is an important way of avoiding a suspension of the main hearing, which may otherwise become necessary, with the result that it must then be restarted (colloquially: "bursting of the process").

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