Saarbrücken Regional Court

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Buildings of the Saarbrücken Regional Court and the Saarland Higher Regional Court
Saarbrücken Regional Court (with the original roof rider tower) as the seat of the League of Nations administration of the Saar area (Saarbrücken city archive)

The Saarbrücken Regional Court is a German court of ordinary jurisdiction . It is the only regional court in Saarland . It is based in the state capital Saarbrücken .

history

Facility

As a result of the Congress of Vienna (1814/15), most of what is now Saarland fell to Prussia and became part of the newly founded Trier district . In the course of a reform of the court organization in 1819, the 13 district courts, including the Saarbrücken district court, were dissolved and replaced by the Trier district court . In Saarbrücken only one investigative office remained subordinate to the regional court. As soon as the reform plans became known, the city of Saarbrücken tried to set up its own regional court. In doing so, however, she was unable to prevail over the Immediatjustizkommission, whose intention was to set up only one regional court per administrative district.

The geographical distance to Trier and the associated travel costs turned out to be an obstacle to the administration of justice, which made it difficult for the poorer population in particular to assert their rights in court. The prosecution was also made more difficult, which Saarbrücken deputy Stocky described as follows:

“Crimes and offenses are kept secret because the complaint entails the arduous and costly trip to Trier. A strict fulfillment of their duty is hardly to be expected from the sub-officers of the auxiliary police, who are responsible for the discovery of the offenses and crimes because of their position, since such a long and costly journey has a pernicious effect on their domestic circumstances, also in the interests of their office if possible to avoid feeling compelled. "
(Quoted from: Hans-Walter Herrmann : The establishment of the Saarbrücken Regional Court. In: 150 Years Saarbrücken Regional Court. p. 6)

In 1834 a criminal chamber was established in Saarbrücken with the Breeding Police Court , which was subordinate to the Trier District Court . The Saarbrücken mayor Heinrich Böcking , however, continued to campaign for a separate regional court and was finally able to convince Karl Albert von Kamptz of his concern. This moved King Friedrich Wilhelm III. to order the establishment of the Saarbrücken Regional Court on January 21, 1835 by cabinet order. The opening ceremony took place on November 2, 1835.

The district court district initially included the district of Saarbrücken (with a court of justice in St. Johann), the district of Saarlouis (courts of justice in Lebach, Saarlouis, Wallerfangen), the district of Ottweiler (courts of peace Ottweiler, Tholey) and the district of St. Wendel (courts of justice Baumholder, Grumbach, St . Wendel). The Merzig district, however, continued to belong to the Trier district court. Like all courts in the Rhine Province , the Saarbrücken Regional Court was subordinate to the Rhenish Court of Appeal in Cologne.

After the founding of the empire

After the founding of the German Reich , court constitution law in Germany was unified on October 1, 1879 by the Courts Constitution Act (GVG). The higher regional court of Cologne, which emerged from the Court of Appeal, has now become the higher-level court . The boundaries of the district court did not change, but the peace courts were replaced by an increased number of local courts due to the increased population due to industrialization :

A state treaty between the Grand Duke of Oldenburg and the King of Prussia also extended the jurisdiction of the Saarbrücken Regional Court to the Principality of Birkenfeld . In matters that concerned the principality, it acted as the Royal Prussian Regional Court appointed for the Grand Ducal Oldenburglian Principality of Birkenfeld .

Saar area

After the First World War , the Saar area was separated from the German Empire and placed under the administration of the League of Nations. With regard to the Saarland courts, the Versailles Peace Treaty stated :

“(1) The civil and criminal courts existing in the Saar Basin area are retained.
(2) A court for civil and criminal matters shall be set up by the government committee, which shall form the appeal body for the aforementioned courts and shall rule in the factual areas for which these courts have no jurisdiction.
(3) The internal constitution and jurisdiction of this court are regulated by the government committee.
(4) The judicial decisions are made on behalf of the government committee. "
(Section 25 of the Annex to Articles 45 to 50)

The courts remained in place, but the changed demarcation led to some shifts. The Prussian district court districts of Baumholder and Grumbach now belonged to the Koblenz district court , which was also responsible for Birkenfeld. The District Court of Homburg , the District Court of Blieskastel and the District Court of Merzig were subordinated to the Saarbrücken Regional Court.

The court of appeal provided for in the Versailles Treaty was established in 1921. The Supreme Court (Cour Suprême de Justice) with its seat in Saarlouis took over the tasks that were previously performed by the higher regional courts and the Reichsgericht .

time of the nationalsocialism

After the reintegration of the Saar region into the German Reich in 1935, the Supreme Court was abolished in accordance with Section 6 of the Act on the Provisional Administration of the Saarland ( RGBl. I p. 66). The Saarbrücken Regional Court was again subordinated to the Cologne Higher Regional Court, which, however, set up civil and criminal senates in Saarlouis. These were dissolved in 1938 when the regional court was assigned to the district of the Zweibrücken Higher Regional Court .

At the beginning of 1936 a special court was set up at the Saarbrücken regional court . In the first year there were around 140 entries, mostly related to the treachery law.

During the World War, the district court had to relocate twice because of its proximity to the front: from summer 1939 to summer 1940 and from autumn 1944 to summer 1945

After the Second World War

In the French-occupied Saarland, the Saarbrücken Regional Court resumed its business on September 10, 1945. It was assigned to the Saarbrücken Higher Regional Court , which was established on August 9, 1946 and inaugurated on October 24, 1946. The plans for a court of appeal were not implemented because of the accession to the Federal Republic.

After the border changes, the district courts of the regional court from 1947 included the district courts of Blieskastel, Homburg, Lebach, Merzig, Neunkirchen, Nohfelden, Ottweiler, Perl, Saarbrücken, Saarlouis, St. Ingbert, St. Wendel, Sulzbach, Tholey, Völklingen and Wadern.

Regional judicial district, higher and lower courts

Location and districts of the district courts subordinate to the Saarbrücken LG

The district of the Saarbrücken Regional Court extends to the entire Saarland. It is thus the only regional court in an area that is responsible for an entire federal state. The judicial district is 2571  km 2 and has around 995,000 inhabitants (as of September 30, 2017).

The Saarbrücken Regional Court is the only regional court to which the Saarland Higher Regional Court is superordinate. As a result of the territorial reform in 1974, five local courts in Saarland (Blieskastel, Nohfelden, Perl, Tholey, Wadern) were dissolved and the remaining districts were redesigned. This results in the following local jurisdictions of the subordinate courts:

Courthouse

The court drew in 1835, first in the former building of the Saarbrücken Peace Court on Castle square, which was located at the site of the later Kreisständehaus house. In 1886 the court was quartered in a new building in Luisenstrasse (today's Saaruferstrasse). This was badly damaged in the two world wars and finally demolished in 1963 when the city ​​motorway was built.

Today's courthouse on Franz-Josef-Röder-Strasse (formerly Alleestrasse) / Hardenbergstrasse was built between 1911 and 1914 under the direction of Gustav Kassbaum .

Known cases

In 1964 the Luisenthal mining accident was dealt with before the regional court , in which 299 miners had died two years earlier. The thirteen defendants were acquitted as they could not be proven guilty of the accident.

The Lebach soldier murder , which caused a sensation nationwide, was dealt with by the regional court in 1970. Due to the lively public interest, the trial did not take place in the courthouse, but in the largest hall in Saarbrücken, the congress hall. The two perpetrators were sentenced to life imprisonment, another party to six years for accessory to murder.

One of the longest civil processes in the legal history of Germany began in August 1974 with a claim for damages brought by the businessman Jürgen Gräßer against the city of Saarbrücken before the regional court. The proceedings ended in 2001 before the Higher Regional Court, with no result for the plaintiff. Including all of the pending proceedings at the Federal Court of Justice , the Federal Constitutional Court and the European Court of Justice , the negotiation period ended up being 32 years.

With the Pascal trial , one of the longest criminal trials in Saarland's judicial history took place from 2004 to 2007. After nearly three years, the alleged murder of a boy ended with acquittals for all twelve defendants.

Other well-known cases were the unfaithfulness trial against the Saarbrücken mayor Hajo Hoffmann (2004) and the proceedings surrounding the DocMorris branch pharmacy (2006).

President

  • 1835–1847: Theodor Ludwig Ernst Bessel
  • 1848–1850: Gerhard Merren
  • 1850: Heinrich Josef Deuster
  • 1851–1875: Karl Hermann Zweiffel
  • 1875–1888: Wilhelm Heinrich Kewenig
  • 1888–1906: Theodor Josef Hubert Cormann
  • 1906–1908: Junkermann
  • 1908–1914: Georg Reuter
  • 1914-1919: Richard Majert
  • 1919: Hoff
  • 1920–1927: Gustav Adolf Magnus
  • 1927–1937: Franz Schäfer
  • 1937–1945: Georg Beutner
  • 1945–1952: Josef Oster
  • 1952–1962: Peter Manderscheid
  • 1962–1968: Gustav Kaspar Jung
  • 1968–1972: Wilhelm Gehrlein
  • 1972–1983: Dieter Klein
  • 1983– : Helmut Leonardy0000
  • 1987–2000: Helmut Zieres
  • 2000–2005: Günther Schwarz
  • since 2006: Hans-Peter Freymann

See also

literature

Web links

Individual evidence

  1. ^ Reichsgesetzblatt . Austrian National Library. Retrieved July 12, 2019.
  2. ^ Official Journal of the Saarland 1954 (PDF) amtsblatt.uni-saarland.de. P. 991. Retrieved July 12, 2019.
  3. ↑ Area and population. (PDF; 97 kB) Saarland Statistical Office , September 30, 2017, accessed on September 12, 2018 .
  4. ↑ Saarland Official Gazette 1974 No. 51 (PDF) amtsblatt.uni-saarland.de. P. 1003. Retrieved July 12, 2019.
  5. ^ New construction of a commercial building for the civil departments of the regional and local court in Saarbrücken, in: Zentralblatt der Bauverwaltung, 37th year No. 73, Berlin, September 8, 1917, pp. 457–461

Coordinates: 49 ° 13 ′ 41 ″  N , 6 ° 59 ′ 54 ″  E