Higher Regional Court of Munich

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Courthouse at Prielmayerstraße 5
Court building at Schleissheimer Strasse 139
District of the OLG Munich

The Munich Higher Regional Court is one of three Bavarian Higher Regional Courts , alongside the Nuremberg Higher Regional Court and the Bamberg Higher Regional Court . The court holder is the Free State of Bavaria. Organizationally, it is assigned to the Bavarian State Ministry of Justice .

Judicial district

The district of the Higher Regional Court of Munich comprises the administrative districts of Upper Bavaria and Swabia as well as most of the administrative district of Lower Bavaria (with the exception of the parts of Lower Bavaria that belong to the regional court district of Regensburg ).

At the Higher Regional Court are 21,416 lawyers and general counsel attorneys admitted.

Lower courts

Subordinate to the court are a total of ten regional courts with their subordinate local courts . Specifically, the regional court of Augsburg , the regional court of Deggendorf , the regional court of Ingolstadt , the regional court of Kempten , the regional court of Landshut , the regional court of Memmingen , the regional court of Munich I , the regional court of Munich II , the regional court of Passau and the regional court of Traunstein belong to the Munich Higher Regional Court .

Material responsibilities and internal organization

Administration of justice

The Munich Higher Regional Court is primarily responsible for legal remedies in civil and criminal matters in the area of ​​ordinary jurisdiction.

There are a total of 55 senates at the Munich Higher Regional Court:

  • 35 civil senates (5 of them in Augsburg)
  • 9 criminal panels (4 of which are also penalty panels)
  • 1 Fideikommisssenat
  • 1 Senate for building land matters
  • 1 Senate for investor model proceedings
  • 1 Cartel Senate
  • 1 Senate for Agricultural Matters
  • 1 Senate for model assessment procedures
  • 1 Senate for notary matters (in future at BayObLG )
  • 1 Senate for patent attorney matters
  • 1 Senate for tax advisor and tax agent matters (in future at BayObLG)
  • 1 Legal Aid Senate
  • 1 award senate

In addition, the following service and professional courts are part of the Higher Regional Court:

  • Bavarian court for judges
  • Bavarian Attorney's Court
  • State Professional Court for the Medical Professions (in future at BayObLG)
  • State Professional Court for Architects (in future at BayObLG)
  • State professional court for the members of the Bavarian Chamber of Engineers-Bau (in future at the BayObLG)

HR management

Jurisdiction

With regard to judges and civil servants, the Higher Regional Court is the personnel-managing authority of all subordinate courts and speaks out in favor of these appointments, promotions and disciplinary measures. These personnel administration tasks were given literary appreciation in Herbert Rosendorf’s humorous novel Ballmann’s Leiden or Textbook of Bankruptcy Law in 1981.

time of the nationalsocialism

In 1933, due to the law to restore the civil service at the OLG itself, five judges were removed from service because of their Jewish origin. Denny Joseph Reuss was murdered in Theresienstadt concentration camp in 1944 , Emil Ulmann, Ernst Herrmann, Joseph Stein and August Frank went into exile. None of the survivors returned to office after 1945. Numerous judicial employees were also victims of the persecution in the lower courts. Court President Gerber, who in 1933 did not enforce the harmonization of the judiciary operated by the new Bavarian Minister of Justice Hans Frank with the desired emphasis, was replaced by Alfred Dürr in the same year . The judges Johann David Sauerländer and Hans Koeniger showed resistance. In 1934, Sauerländer prepared in vain a plenary decision of the Bavarian Supreme Court against the Nazi law to legalize the Röhm murders , which would have branded the principles of National Socialist law-making and application visible therein as a degradation of judicial activity to " idolatry ".

After 1945

After 1945, the denazification proceedings against two of the three OLG presidents appointed after 1933 were discontinued without any sanctions, only the last one, as a so-called “incriminated person”, had to endure the reduction of the pension by one step to that of a regional court president. Sauerländer was not hired again. Insofar as lawyers involved in the Nazi system were dismissed after 1945, little stood in the way of reinstatement from 1951 due to the 131 rule. This is how Josef Grüb, who before 1945 also worked as the first public prosecutor for political criminal matters at the notorious Nuremberg Special Court , became President of the Senate at the Munich Higher Regional Court after 1945. Werner Full, who was a public prosecutor for political criminal matters at the Munich Higher Regional Court before 1945, took part in 1951 as an assessor in the regional court proceedings against Philipp Auerbach . The guilty verdict did not become final as a result of the Jewish accused's suicide. Auerbach was rehabilitated in 1954, but his judge Full ended his career as an appellate judge. Even two former lawyers from the People's Court found their livelihood at the Higher Regional Court itself in the post-war period. In addition, there were other “ terrible lawyers ” left or hired by the OLG in the subordinate courts . The court only faced the historical reappraisal under President Karl Huber .

A headscarf ban issued by the Higher Regional Court against a Muslim legal trainee was found to be illegal by the Augsburg Administrative Court in 2016 and revoked. The Bavarian Administrative Court overturned the judgment in 2018 for formal reasons.

electronic data processing

The "Joint Information Technology Office of the Bavarian Justice" was part of the Higher Regional Court until the end of February 2016 and looked after the judicial authorities in all three OLG districts including the local public prosecutor's offices in IT matters. Only the Landesjustizkasse in Bamberg, the central dunning court in Coburg and the penal institutions were excluded. As part of the home strategy of Finance Minister Markus Söder, the headquarters were relocated to Amberg and the IT department, renamed “IT Service Center of the Bavarian Justice”, is subordinate to the Higher Regional Court Nuremberg responsible for Amberg.

Service building

Justice building Prielmayerstraße
Criminal Justice Center

The Munich Higher Regional Court is mainly housed in the New Justice Building at its Munich headquarters .

However, a number of the Higher Regional Court's facilities are spread across other buildings. The criminal senates are located in the criminal justice center at Nymphenburger Straße 16 and in the office building at Schleißheimer Straße 139. Some civil and family senates, which are responsible for proceedings from the district courts of Augsburg, Kempten and Memmingen, are located in Augsburg .

The employees of the joint IT office of the Bavarian judiciary at the Higher Regional Court of Munich (GIT) were represented in various service buildings throughout Bavaria.

precursor

1803 in the Pfalz-Bayern the Hofgericht Munich as appellate court for the area of the Retirement Office Munich furnished. By the Organic Edict on the Court Constitution of July 24, 1808, Part III, it was converted into a Bavarian Court of Appeal for the Isar District. The appeals courts ruled in senates with five members each. In 1826 the Munich Court of Appeal was relocated to Landshut as the Landshut Court of Appeal , which at the time was part of the Isar district. In 1839 the Landshut Court of Appeal was relocated to Freising in Upper Bavaria as the Freising Court of Appeal , since Landshut had become the district capital of Lower Bavaria . In 1856 the appellate courts became the appeal instance for the decisions of the newly created district courts , the forerunners of today's regional courts . In 1862 the court returned to the Bavarian capital as the Munich Court of Appeal. In 1879 the Munich Court of Appeal was converted into a higher regional court when the German Courts Constitution Act came into force.

Known procedures (selection)

Known judges (selection)

President

Note: Since 1959, when the Nuremberg OLG President Ernst Holzinger retired, only presidents of the Munich Higher Regional Court have been elected to the office of President of the Bavarian Constitutional Court.

Others

literature

  • Hannes Ludyga: The Munich Higher Regional Court between 1933 and 1945. Metropol Verlag, Berlin 2012, ISBN 978-3-86331-076-9 . (published on behalf of the President of the Munich Higher Regional Court)
  • Reinhard Weber: Rechtsnacht: Jewish judicial employees in Bavaria after 1933. Munich 2012, ISBN 978-3-9813808-2-8 .

Web links

Commons : Higher Regional Court Munich  - Collection of images, videos and audio files

See also

Individual evidence

  1. ↑ As of January 1, 2018, Federal Bar Association, www.brak.de: Large membership statistics as of January 1, 2018 . (PDF; 37.3 kB) Accessed September 5, 2018 .
  2. ↑ Business Distribution Plan 2019
  3. ↑ Heribert Prantl : Old Nazis in the early Federal Republic - people who understand something about the past. In: Süddeutsche Zeitung. November 22, 2012.
  4. ↑ Brown Book . Berlin 1968, p. 184.
  5. ↑ Hannes Ludyga An anti-Semitic scandal in postwar Germany . The » State Commissioner for Politically , Religiously and Racially Persecuted People«  Philipp Auerbach (1906–1952). In: Critical Justice - Quarterly for Law and Politics . No. 40, 2007, pp. 410-427.
  6. ↑ Ban on headscarves for trainee lawyers is illegal. In: Süddeutsche Zeitung. June 30, 2016.
  7. ^ Headscarf ban for judicial trainees In: Süddeutsche Zeitung. March 7, 2018.
  8. ^ Higher Regional Court of Munich: Joint IT office of the Bavarian judiciary . Retrieved April 16, 2013.
  9. ↑ RBl. 1808, 1785, published in the Handbook of the State Constitution and State Administration of the Kingdom of Baiern. Volume 4, 1810, pp. 3-13, books.google.de
  10. ^ Wilhelm Volkert (ed.): Handbook of Bavarian offices, communities and courts 1799–1980. 1983, ISBN 3-406-09669-7 , pp. 117-118, 605.
  11. ^ Robert Kempner : Nazi death sentences went unpunished . In: Der Spiegel . No. 16 , 1964, pp. 33 ff . ( online ).
  12. ↑ Shot a dead body? In: Der Spiegel . No. 51 , 2012 ( online ).
  13. ↑ Decision of the OLG Munich of July 11, 2016, Az. 5 OLG 13 Ss 244/16 = Anwaltsblatt 2016, 767 = StV 2017, 183 = NJW 2016, 2759, confirmed by the decision of the OLG Munich of May 31, 2017, Az. 5 OLG 13 Ss 81/17 = Anwaltsblatt 2017, 783 = BRAK-Mitteilungen 2017, 239 = DVBl 2017, 979 = StV 2018, 163
  14. ↑ Annelie Kaufmann, The verdict in the NSU trial This is how the court found Zschäpes complicity in LTO on April 24, 2020
  15. ^ The Protocols of the Bavarian Council of Ministers 1945-1962 , Das Kabinett Ehard III, Protocol No. 121
  16. ↑ a b Ingo Müller : Terrible lawyers . Munich 1987, ISBN 3-463-40038-3 , p. 217.

Coordinates: 48 ° 8 '26.3 "  N , 11 ° 33' 46.8"  E