State attorney
The state prosecutor in the state of Hesse , together with his deputy , performs the task of the "public plaintiff" at the Hessian State Court . So it is a " constitutional attorney " and not a public prosecutor who acts in criminal proceedings . The Hessian State Attorney is a special authority as part of the constitutional process.
Art. 130, Paragraph 1, Clause 2 of the Constitution of the State of Hesse governs the State Court of Justice : "A public plaintiff will be appointed to him." The details are regulated in the State Court Act (StGHG), in particular in Section 10 of the StGHG. Accordingly, the state attorney and his deputy must be qualified to hold judicial office ; they are elected by the Hessian state parliament for the duration of its electoral term. Re-election is permitted. The current incumbent is university professor Monika Böhm ( Philipps University of Marburg ).
The public prosecutor's office is generally not bound by instructions. According to Section 21 of the StGHG, the State Prosecutor's Office can participate in any procedure before the State Court and submit its own applications. In this way, the state attorney monitors compliance with the Hessian state constitution . For example, he represents the application for the withdrawal of rights from the constitution of the State of Hesse (Section 36 StGHG). If the state prosecutor considers a law passed by the state parliament to be unconstitutional , he can take action against it immediately after it has been passed. The state government , the prime minister and the state parliament with at least a tenth of its members are also entitled to such a norm review complaint .
Web link
- Website of the Hessian State Court
