Higher Regional Court of Freiburg
The Higher Regional Court of Freiburg was on 12 March 1946 to May 1952 the highest court of general jurisdiction of the State of Baden in the French occupation zone , based in Freiburg .
history
After the German administration of justice in the French-occupied zone of Baden was established in 1945 and worked the ordinary courts again (see: courts in Baden (South Baden) ) was March 12, 1946 in Freiburg as the highest court, a Court of Appeal established that as of April 1 Started business in 1946. The opening ceremony took place on March 12th in the courtroom of the regional court.
Since there was no higher German court, the decisions of the Higher Regional Court could not be challenged before German courts.
The court initially consisted of a civil and criminal senate each with a chairman and two assessors, the office and the attorney general. A second civil senate was established in July 1948.
The provisional first Senate President was Albert Woessener. In April 1948, the previous head of the Baden Ministry of Justice, Ministerialdirektor Paul Zürcher, was appointed President of the Higher Regional Court. The Freiburg professor Karl Siegfried Bader was appointed public prosecutor .
The higher regional court was housed in the premises of the regional court at the Holzmarktplatz in Freiburg and the office equipment had to be requested from the subordinate authorities.
Special procedures - Heinrich Tillessen
The case against Heinrich Tillessen went down in judicial history , who on August 26, 1921, with an accomplice, murdered the center politician and former Reich Finance Minister Matthias Erzberger .
Business cases civil and criminal matters
| Procedure | 1949 | 1950 | 1952 |
|---|---|---|---|
| Civil matters | |||
| - Appeals | 268 | 343 | 387 |
| - Complaints | 360 | 352 | 304 |
| Criminal matters | |||
| - Appeals | 73 | 13 | 115 |
| - Complaints | 71 | 104 | 39 |
One focus in civil matters was issues of marriage law.
Source: Reiner Haehling von Lanzenauer: The Baden Higher Regional Court in Freiburg.
Special tasks at the Higher Regional Court
The Higher Regional Court also became the highest shipping court ( Rheinschifffahrtsgericht ) for the section of the Rhine from Lake Constance to the zone border at Rastatt .
The Court of Honor for Lawyers was also located at the Higher Regional Court. In October 1948, a regular service penal panel and a service penal panel for judges were established. In December 1948 an Agriculture Senate was established at the Higher Regional Court of Appeal for Agricultural Matters.
The constitution of the state of Baden provided for a state court ( constitutional jurisdiction ), which was set up in 1947 on the premises of the higher regional court.
Foreign Senate of the Higher Regional Court of Karlsruhe in Freiburg im Breisgau
When the south-west state of Baden-Württemberg was founded in 1952, Freiburg was compensated for the loss of function by setting up external senates, the Freiburg Senates of the Karlsruhe Higher Regional Court , for proceedings from the southern Baden region . In Karlsruhe from 1945 to 1952 only the external senates of the Stuttgart Higher Regional Court responsible for the state of Württemberg-Baden were responsible for North Baden .
literature
- Reiner Haehling von Lanzenauer : The Baden Higher Regional Court in Freiburg. In: Journal of the Savigny Foundation for Legal History. Volume 119 (2002), pp. 343–351 (special print) [1]
Web links
Individual evidence
- ^ Official Journal of the Baden State Administration - French Occupation Area, 1946, No. 10 of August 1, 1946, p. 41
- ^ Order of the head of the German judicial administration in the French occupied zone of Baden of March 13, 1946. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p. 4
- ↑ see Lanzenauer p. 345
- ↑ see Lanzenauer p. 345
- ^ Reiner Haehling von Lanzenauer: The Baden Higher Regional Court in Freiburg. In: Journal of the Savigny Foundation for Legal History. (= Journal of the Savigny Foundation for Legal History. Volume 119). 2002, p. 347. ( online )
- ↑ see Lanzenauer p. 345
- ↑ see Lanzenauer p. 346
- ^ Order of the Baden-Württemberg Ministry of Justice of June 19, 1953, Die Justiz, p. 149.