In the court structure of the ordinary jurisdiction in Germany, the regional court is the court between the district court and the higher regional court . Each regional court district comprises one or more local courts, several regional court districts constitute the district of a higher regional court.
The regional courts have a president as well as presiding judges and other judges ( Courts Constitution Act ).(1) of the
Judges of the regional court can also be assigned another judge's office at the local court at the same time ((2) GVG). They then continue to use the title of “judge at the regional court”, even if they work at the local court.
Judges on probation and judges by order can be used (Paragraph 3 GVG). Probationary judges only use the title “judge”.
Civil and criminal chambers are set up at the regional courts ( chambers are the so-called arbors of the regional court. In civil matters, there are civil chambers and chambers for commercial matters, in criminal matters small and large criminal chambers as well as criminal enforcement chambers are formed.GVG). The
There are currently 115 regional courts in Germany.
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Occupation of the civil chambers
The civil chambers are acc.GVG is made up of three judges, one of whom is chair. Under the provisions of the law process, the civil division of the district court can decide to a large extent as a single judge, which regularly use is made (eg. As well as by one of its members ZPO and ZPO).
Occupation of the Chambers for Commercial Matters
The chambers for commercial matters are in accordance with professional judge from the regional court as chairman and two honorary judges ( commercial judges ). In addition to the general requirements for lay judges in accordance with Art. (1) and (2) GVG set special requirements.(1) of the GVG is made up of a
Occupation of the criminal chambers
According to lay judges (so-called large criminal chamber ). In appeal proceedings by the local court , the criminal chamber of the regional court is made up of a presiding judge and two lay judges (so-called small criminal chamber ). A second professional judge must be consulted for appeals against judgments of the extended lay judge's court (Section 76 (6) GVG).(1) of the GVG, the criminal chambers are made up of three judges, one of whom is chairman, and two
If the criminal chamber does not have jurisdiction as a jury and the participation of a third judge does not appear necessary in view of the scope and difficulty of the matter or because placement in a psychiatric hospital is to be expected, the criminal chamber decides before the start of the main hearing that they only is to be filled with two instead of three judges and two lay judges (Section 76 (2) GVG). This is called cast reduction.
Occupation of the penal enforcement chambers
Pursuant to(1) of the GVG, the penal enforcement chambers decide either with three judges including the chairman (suspension of the execution of the remainder of a life sentence or placement in a psychiatric hospital; preventive detention) or with a judge.
In criminal matters , the regional court has first instance jurisdiction, if the district court or the higher regional court are not responsible. If the sentence is expected to exceed four years, the local court is no longer responsible ( (1) GVG). In exceptional cases, it can also be called in less serious cases if there is a particular public interest in criminal prosecution, as was the case with the Hoyzer or Ackermann cases . In addition, they must be called if the placement in a psychiatric hospital or in preventive detention is to be ordered. It is responsible as a jury for murder , manslaughter and other acts that result in death ( (2) sentence 1 GVG).
In civil proceedings, the regional court is generally responsible for all proceedings with a value in dispute of over 5000 euros, unless they have been assigned to the local courts . In addition, regardless of the amount in dispute, it is responsible for all lawsuits relating to state liability claims and claims for damages due to incorrect capital market information.
In criminal proceedings, the regional court is in accordance with appeals against judgments of the local court (judgments of the criminal judge and the lay judge's court ). These appeals are dealt with by the small criminal chambers. In addition, the regional court is responsible for complaints against decisions of the local courts as a court of appeal.Code of Criminal Procedure is responsible as a second instance for
In civil proceedings, the regional court is the second instance responsible for appeals and complaints against decisions of the local courts ( GVG ), unless - as in family matters - the higher regional courts are competent.
The public prosecutor's offices are set up at the regional courts .
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