district Court
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.
construction
The regional courts have a president as well as presiding judges and other judges ( Section 59 (1) of the Courts Constitution Act ).
Judges of the regional court can also be assigned another judge's office at the local court at the same time ( Section 59 (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 ( § 59 Paragraph 3 GVG). Probationary judges only use the title “judge”.
Civil and criminal chambers are set up at the regional courts ( Section 60 GVG). The 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.
There are currently 115 regional courts in Germany.
| state | Number of regional courts |
|---|---|
| Baden-Württemberg | 17th |
| Bavaria | 22nd |
| Berlin | 1 |
| Brandenburg | 4th |
| Bremen | 1 |
| Hamburg | 1 |
| Hesse | 9 |
| Mecklenburg-Western Pomerania | 4th |
| Lower Saxony | 11 |
| North Rhine-Westphalia | 19th |
| Rhineland-Palatinate | 8th |
| Saarland | 1 |
| Saxony | 5 |
| Saxony-Anhalt | 4th |
| Schleswig-Holstein | 4th |
| Thuringia | 4th |
| Total: | 115 |
Occupation of the civil chambers
The civil chambers are acc. Section 75 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 § 348 ZPO and § 348a ZPO).
Occupation of the Chambers for Commercial Matters
The chambers for commercial matters are in accordance with Section 105 (1) of the GVG is made up of a 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. Section 109 (1) and (2) GVG set special requirements.
Occupation of the criminal chambers
According to Section 76 (1) of the GVG, the criminal chambers are made up of three judges, one of whom is chairman, and two 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).
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 Section 78b (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.
Jurisdiction
First instance
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 ( Section 74 (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 ( Section 74 (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.
Second instance
In criminal proceedings, the regional court is in accordance with Section 312 of the Code of Criminal Procedure is responsible as a second instance for 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.
In civil proceedings, the regional court is the second instance responsible for appeals and complaints against decisions of the local courts ( Section 72 GVG ), unless - as in family matters - the higher regional courts are competent.
Public prosecutors
The public prosecutor's offices are set up at the regional courts .
See also
Web links
Individual evidence
- ↑ justiz.baden-wuerttemberg.de
- ↑ justiz.bayern.de
- ↑ berlin.de
- ↑ service.brandenburg.de
- ↑ olg-frankfurt-justiz.hessen.de
- ↑ mv-justiz.de ( Memento of the original dated February 7, 2018 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.
- ↑ justizportal.niedersachsen.de ( Memento of the original from October 1, 2016 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.
- ↑ justiz.nrw.de
- ↑ mjv.rlp.de ( Memento of the original from October 1, 2016 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.
- ↑ saarland.de
- ↑ justiz.sachsen.de
- ↑ mj.sachsen-anhalt.de
- ↑ schleswig-holstein.de
- ↑ thueringen.de
