Darmstadt Regional Court

from Wikipedia, the free encyclopedia
Darmstadt Regional Court, Mathildenplatz
Sculpture group Justitia by the sculptor Ariel Auslender on the roof of the regional court
Darmstadt Regional Court, Mathildenplatz, Arcade of Fundamental Rights

The Darmstadt Regional Court is a court of ordinary jurisdiction in the southern Hessian city ​​of Darmstadt . It is one of nine regional courts in the district of the Higher Regional Court of Frankfurt am Main .

history

In the Landgraviate of Hesse-Darmstadt , the judicial system was reorganized in an executive order of December 9, 1803. For the province of Starkenburg was Hofgericht Darmstadt set up as a court of second instance. The jurisdiction of the first instance was carried out by the offices and in some areas by (non-state) patrimonial courts . The court court was the second instance court for normal civil disputes and the first instance for written family law cases and criminal cases. The superior court of appeal in Darmstadt was superordinate .

With the founding of the Grand Duchy of Hesse , this function was retained, while the tasks of the first instance were transferred to the newly created regional and city courts in 1821 as part of the separation of jurisdiction and administration . In the territories of the class there were still legal offices for court cases of second instance, which were subordinate to the respective court court (in Michelstadt until 1823, in Büdingen until 1825).

The German Courts Constitution Act of 1879 led to a uniform judicial organization throughout the empire . The Darmstadt Court Court has now become the Darmstadt Regional Court as the higher-ranking second instance in the province.

Darmstadt Special Court

After the National Socialist seizure of power in 1933, a special court assigned to the district court was set up “... to ward off insidious attacks against the government of the national insurrection”, which carried out numerous political proceedings against so-called “ pests of the people ” until March 1945 . The Darmstadt Special Court was responsible for the entire state of Hesse . This consisted of the provinces of Upper Hesse, Rheinhessen and Starkenburg. The special court consisted of a chairman and two assessors, each with a representative.

Special court proceedings were instruments of the Nazi state to fight the political opposition - especially the KPD and SPD and their supporters. Crimes such as failure to deliver weapons, illegal possession of explosives, the production or distribution of leaflets and other activities for the banned KPD were also the basis for the filing of the lawsuit. A total of 2,044 proceedings were carried out at the Darmstadt Special Court, of which only 1,635 with 2,316 defendants have survived.

Structure and data

The district court district Darmstadt has an area of ​​2978.49 km² on which over 1.5 million people live. This makes it the largest regional court district in Hesse . In it are the independent cities of Darmstadt and Offenbach am Main as well as the districts of Darmstadt-Dieburg , Offenbach , Groß-Gerau , Bergstrasse and the Odenwaldkreis .

The regional court has 19 civil chambers . This is where civil and voluntary matters are decided. These are civil disputes and appeals / complaints against subordinate local court decisions. Furthermore, the LG Darmstadt has seven chambers for commercial matters . Three of these chambers are located in Offenbach. First instance criminal cases are dealt with by eleven large criminal chambers . These eleven large criminal chambers include a jury chamber , youth chambers, youth protection chambers, chambers for economic criminal matters and two large penal enforcement chambers . Appeals and complaints against judgments by criminal judges and lay judges of the district courts in the Darmstadt district court are processed by six small criminal chambers.

The regional court employs around 240 people; 86 of them are judges , 14 judicial officers and 43 probation officers . The probation officers work in the advice centers in Bensheim , Darmstadt, Groß-Gerau , Offenbach and Michelstadt . The judges of the regional court train around 100 legal trainees each year . The current president of the regional court has been Ralf Köbler since 2015.

Judicial district

Location of the Darmstadt district court in Hesse
Location of the Darmstadt district court in Hesse

The higher regional court in Frankfurt am Main is superordinate to the regional court in Darmstadt. The following local courts are subordinate to the LG Darmstadt:

The Presidential Office Courts of Offenbach am Main and Darmstadt are located in the Darmstadt regional court district and are subordinate to the Darmstadt Regional Court in the instance, but are organizationally independent due to their size.

building

A separate regional court building, the old regional court (Darmstadt) , was built for the regional court from 1872 to 1874 . Today this is the district court building A. Since the size of the building was no longer sufficient, buildings B and C were also built next to it on Mathildenplatz .

public perception

The case of the justice victim Horst Arnold , who in 2002 was sentenced to five years imprisonment by the 12th criminal chamber of the regional court for alleged rape , but then after having served his sentence in full in a retrial by the regional court of Kassel for proven innocence , has become known nationwide was acquitted.

The case of Andreas Darsow (“Doppelmord von Babenhausen”) became known, who was sentenced to life imprisonment for murder in 2011 by the 11th criminal chamber of the Darmstadt Regional Court . The appeal to the Federal Court of Justice and a petition to the Hessian state parliament failed. A lawyer wants to have the proceedings resumed since May 2018 .

In 2014, the Darmstadt Regional Court subsequently declared a search warrant against the local newspaper Darmstädter Echo, requested by the public prosecutor's office and drawn up and executed by the Darmstadt Local Court , to be illegal. Journalists' associations saw the actions of the Darmstadt public prosecutor's office as "completely excessive" and as a "massive interference with the freedom of the press".

In November 2016, the Federal Court of Justice overturned a ruling on the violation of the right to a legal judge because a judge from the chamber had taken part in the hearing in violation of maternity protection, even during the absolute ban on services after childbirth. The court had not consulted a supplementary judge as a precaution.

Personalities

See also

Web link and source

Individual evidence

  1. Dissolution of the Grand Ducal Heſſiſchen Für ſt lich Löwen ſt ein and Gräflich Erbachiſchen Geſammt -Ju ſt iz-Chancellery in Michelstadt ( Reg.-Bl. 1824 p. 24 )
  2. inputs' high resolution of the Grand Ducal Hessian For ft Lich and Counts Isenburgischen and Counts Stolbergischen Total Area Venezia ft iz law firm to Büdingen ( Reg.-Bl. 1825 p.97 )
  3. ^ Ordinance of the Reich government on the formation of special courts of March 21, 1933; Announcement on the formation of a special court of March 28, 1933 ( Announcement on the formation of a special court of March 28, 1933. In: Der Hessische Justizminister (Hrsg.): Hessisches Regierungsblatt. 1933 No. 8 , p. 41 ( online at the information system of the Hessian state parliament [PDF; 17.1 MB ]). )
  4. Acquittal after five years in prison ( Memento of the original dated February 13, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; in: Darmstädter Echo Online from July 5, 2011 @1@ 2Template: Webachiv / IABot / www.echo-online.de
  5. Convicted double murderer wants to have his case reopened . Website hessenschau.de
  6. ↑ The search warrant is illegal . In: Frankfurter Allgemeine Zeitung from September 3, 2014
  7. ^ Website of the Verdi union
  8. Press release No. 196/16 from November 7, 2016. In: juris.bundesgerichtshof.de. November 7, 2016, accessed on November 8, 2016 (on: BGH, judgment of November 7, 2016 - 2 StR 9/15).
  9. Helene Bubrowski: Working after birth: Judge is not allowed to negotiate during maternity leave . In: Frankfurter Allgemeine Zeitung . November 7, 2016, ISSN  0174-4909 ( faz.net [accessed November 8, 2016]).
  10. ^ Köhler, Wilhelm Ludwig Heinrich Anton. Hessian biography. In: Landesgeschichtliches Informationssystem Hessen (LAGIS).
  11. ^ Obituary in: Darmstädter Zeitung of January 4, 1916 Online .
  12. Mentioned in: Jochen von Lang: Der Adjutant - Karl Wolff - The man between Hitler and Himmler, 1989

Coordinates: 49 ° 52 ′ 32.5 "  N , 8 ° 39 ′ 1.1"  E