Higher Regional Court of Stuttgart
The Stuttgart Higher Regional Court (OLG Stuttgart) is a court of ordinary jurisdiction and one of the two higher regional courts of the state of Baden-Württemberg . The judicial district of the Higher Regional Court covers roughly the former part of Württemberg. The Higher Regional Court is responsible as an appeal and complaint authority for civil and family matters, as an appeals and appeals authority in criminal matters and as an appeals authority for matters of voluntary jurisdiction.
The Higher Regional Court is located in the Stuttgart judicial district at Olgastraße 2 and Ulrichstraße 10.
The Stuttgart Higher Regional Court and the Karlsruhe Higher Regional Court are the two highest regional courts of the ordinary jurisdiction of the state of Baden-Württemberg . They are subordinate to the Federal Court of Justice .
The judicial district of the Stuttgart Higher Regional Court, which has its seat in Stuttgart, largely corresponds to the administrative districts of Stuttgart and Tübingen, which formerly comprised mainly Württemberg territory . The eight regional courts Ellwangen , Hechingen , Heilbronn , Ravensburg , Rottweil , Stuttgart , Tübingen and Ulm with their subordinate local courts belong to the judicial district . At the Higher Regional Court 9453 are lawyers and general counsel attorneys admitted (as at 1st January 2018).
The Stuttgart Higher Regional Court is responsible for the entire state of Baden-Württemberg for criminal matters that are under federal jurisdiction.
The Court of Appeal after the Judicature Act primarily responsible as appeals and appeal instance for civil and family matters as audit and complaints authority in criminal matters as well as a complaints authority for matters of voluntary jurisdiction . The service board of the higher regional court is a president. The presidium, elected by all the judges of the court, determines the allocation of the pending proceedings to one of the senates in the business allocation plan annually in advance .
The Stuttgart justice district (or judicial district) with the higher regional court and the regional court is located in the quarter between Olgastraße and Urbanstraße or Ulrichstraße and Archivstraße. This is where the justice building was located, which was built in 1879 and destroyed in 1944 (see History, Empire and Weimar Republic ). The Higher Regional Court and the Regional Court were housed in it.
After the Second World War, the Higher Regional Court had to temporarily share the remaining buildings in Ulrichstrasse, Archivstrasse and Olgastrasse with other Stuttgart courts. From 1950 to 1953 the nine-storey high-rise building at the corner of Urbanstrasse 18 and Archivstrasse ("Tower of Justice") was built for the Higher Regional Court and the six-storey long building at Urbanstrasse 20 for the regional court from 1954 to 1956. In 1982 the Higher Regional Court moved into a new building at the Olgastraße 2 and Ulrichstraße 10 and left the high-rise to the regional court. In addition to the rooms of the Higher Regional Court, the new building contains:
- 18 courtrooms that are shared by the Higher Regional Court and the Regional Court,
- the administrative department,
- the Constitutional Court ,
- the Higher Lawyers' Court
- and the court for judges .
The library of the Higher Regional Court is located in the Archivstrasse 15B building, which opened in 2001, on the corner of Olgastrasse. The higher regional court of Stuttgart also includes the multi-purpose building of the higher regional court on the premises of the penal institution in Stuttgart-Stammheim , in which proceedings with a particularly dangerous situation take place.
On the forecourt of the Stuttgart Regional Court , which is on the other side of the justice district, there are three works of art that relate to both courts (see Stuttgart Regional Court, Kunst am Bau ).
- In 1953 the construction of the high-rise was completed. To the right of the main entrance, which is now walled up, the high relief "The Oath" was attached to the facade (the high-rise housed the Higher Regional Court until 1982).
- In 1956 the longhouse of the district court was completed. In the middle of the forecourt between the nave and the skyscraper, the constitutional pillar was erected in the same year .
- In 1994, almost half a century after the end of the Second World War, the so-called memorial was inaugurated, an inconspicuous band of inscriptions intended to commemorate the Nazi crimes of the Higher Regional Court, the Regional Court and the Special Court in Stuttgart.
In front of the Higher Regional Court building at Olgastraße 2, the abstract sculpture “12 edges” by the Stuttgart sculptor Christoph Freimann rests on a round, conical concrete plinth that grows out of the ground at an angle . The sculpture, created in 1981, was installed on the entrance square in 1982, after the construction of the Higher Regional Court, and the artist was involved in the design. 12 L-shaped angle irons of different lengths, thicknesses and side widths, which could have been created by dismantling a cuboid frame, are layered criss-cross over and under each other like Mikado bars. The red paint on the angle iron forms a contrast intended by the artist to the dark green facade of the building. The choice of color, "a fiery signal red, increases the expressively rebellious character of his works, the expression of stored energy, the effect of permissive order."
Christoph Freimann went public for the first time in 1977 with his topic of the "12 edges", which he has varied many times since then. The sculpture is now in the city garden and consists of the unpainted edges of an imaginary cuboid, the parts of which seem to be standing and lying around on the meadow at random.
The two-part bronze sculpture “The Confrontation” by the Löchgau sculptor Karl-Henning Seemann is located in the green inner courtyard of the Higher Regional Court at Ulrichstraße 10 . The sculpture, created from 1975 to 1976, drastically depicts two life-size male figures, a gaunt, feeble starving man and a half-naked muscleman who is threatening him. The two figures seem to illustrate a Gôgen joke in which two people from Tübingen, a coarse winemaker ( Gôg ) and a spiritualized professor, get into a heated argument:
- A professor from Tübingen walks on a footpath that is forbidden to unauthorized persons at the time of the grape harvest. - A Gôg calls out to him: "Machschd, that d 'come out of meim Wengert, you Siach, or I hau dr d' Laif a ', that d' uf de Schdompa hoimgraddla muaschd." The professor: "Oh, sorry, I overlooked the ban. "Wengerter:" Drom sait mr's jo au em Guada. "
Casts of the sculpture "The Confrontation" have been set up in several other German cities, for example in Braunschweig , Düsseldorf , Tübingen and Weikersheim .
The history of the Stuttgart Higher Regional Court goes back to 1460. Under the Württemberg counts and dukes, the Württemberg court court existed from 1460 to 1805, followed by the upper appellation tribunal under Friedrich II and the upper tribunal under Wilhelm I. After the establishment of the German Empire, the Stuttgart Higher Regional Court was established in 1879, and it still exists in this form today.
Württemberg court court
The Württemberg court , first mentioned in a document in 1460, was a court of appeal for the Württemberg counts and dukes. The court originally did not have a permanent seat, but met at the place where the sovereign was holding court. In the Treaty of Tübingen , Duke Ulrich von Württemberg had a permanent seat in Tübingen in 1514 , where the court held its sessions in the town hall. On the basis of the court court order that was revised in 1514 and later reformed several times, it acted as a court of appeal for the Württemberg states until 1806.
Through the Reichsdeputationshauptschluss , Württemberg was elevated to an electorate in 1803 . This was associated with the privilege that judgments by the Württemberg courts could no longer be appealed to the Reich Chamber of Commerce. In return, the electorate needed its own supreme court of appeal . In 1805, Duke Friedrich II therefore ordered the High Court to be constituted as a permanent court and to be relocated to the royal seat of Stuttgart. The jurisdiction of the Upper Appellation Tribunal created in this way was re-regulated after Württemberg was elevated to a kingdom in 1806. It was limited to civil matters ; no appeal was possible in criminal matters . However, the decision to move the court seat from Tübingen to Stuttgart did not take place initially.
In 1817, the Württemberg judiciary was reformed again under King Wilhelm I and the Upper Tribunal was established with its seat in Stuttgart. The previous Higher Appellation Tribunal was replaced by a civil panel and expanded to include a criminal panel as an appeal body in criminal matters . At times, the Upper Tribunal was also responsible for the principalities of Hohenzollern-Hechingen and Hohenzollern-Sigmaringen by a state treaty . This state of affairs ended in 1850 with the annexation of these states to Prussia .
Empire and Weimar Republic
On October 1, 1879, the Reich Justice Acts came into force, including the Reich Court Constitution Act of January 27, 1877 and the Württemberg Implementation Act of January 24, 1879, which among other things regulated the establishment of the judiciary. As part of these reforms, the previous higher tribunal was replaced by the Stuttgart Higher Regional Court. The judicial district comprised the Württemberg regional court districts Ellwangen, Hall, Heilbronn, Ravensburg, Rottweil, Stuttgart, Tübingen and Ulm.
In view of the reform of the judiciary through the Reich Justice Acts, a new building was built on Urbanstrasse between Ulrichstrasse and Archivstrasse from 1875 to 1879, which from 1879 housed the Higher Regional Court and the Regional Court. The justice building was built according to the plans of the architect Theodor von Landauer , at that time the Württemberg senior building officer, on the site of today's justice district as a magnificent, palace-like building in the style of Palladio's high renaissance . The four outer wings and a central building enclosed two square inner courtyards, of which the northern one was used as a place of execution. In addition to numerous office rooms, the judiciary building contained a jury court room and eight other hearing rooms. Two allegorical figures “Justice and Law” by the sculptor Karl Kopp adorned the attic of the central building on the main front facing Archivstrasse. A T-shaped building behind the justice building, which was also built by Landauer from 1878 to 1880, served as a prison. It was connected to the main building by an underground passage. The justice building was almost completely destroyed in 1944. The preserved surrounding walls were removed when the new buildings of the Higher Regional Court and Regional Court were built in the 1950s.
National Socialism (1933–1945)
Little is known about the staff of the Higher Regional Court and the proceedings handled during the National Socialist era , because many files were destroyed during the war. By Verreichlichung of Justice on 1 April 1935, the Justice sovereignty of the countries was transferred to the Ministry of Justice, so that the Higher Regional Court of Stuttgart was placed under the Ministry of Justice, and the function of the former state attorney general was transferred to the Court of Appeal president. Due to the law for the restoration of the civil service of 1933 and the Reich Citizenship Law of 1935, the Jewish employees were removed from service.
From 1933, in addition to the Regional Court and the Higher Regional Court, the Stuttgart Special Court under the chairman Hermann Cuhorst , which was responsible for criminal and political proceedings outside the ordinary jurisdiction in the district of the Stuttgart Higher Regional Court, met in the justice building . “In addition, a criminal senate of the Higher Regional Court of Stuttgart as a state security senate under the chairman Cuhorst was responsible for the judgment of acts in the area of high treason and treason. If the accused were not punished with death, but 'only' with several years' imprisonment, the sentence was often followed by transferring them to the concentration camp, unless the police or the Gestapo had previously given the, in their view, too mild sentences by shooting 'on the run' or 'because of' Resistance '' corrected '".
The official seat of the Higher Regional Court President Otto Küstner was the Prinzenbau on Schillerplatz in Stuttgart from 1935 to 1944 , the outer walls of which were destroyed in a bomb attack in 1944. Today the Prinzenbau houses the Baden-Württemberg Ministry of Justice .
post war period
After the Second World War , the court was initially set up by the Allies with foreign senates in Karlsruhe as a joint court for Württemberg-Hohenzollern and Württemberg-Baden . The merger of the south-western states to form the state of Baden-Württemberg in 1952 then also led to a reorganization of the judiciary, which assigned the formerly mainly Württemberg part of the state to the district of the Stuttgart Higher Regional Court and the formerly mainly Baden part of the state to the district of the Karlsruhe Higher Regional Court.
The State Security Senate of the Higher Regional Court of Stuttgart became known primarily through the case of the Stammheim trial against members of the Red Army Faction (RAF). For security reasons, the Senate's negotiations often take place in the multi-purpose building of the Stuttgart Higher Regional Court on the grounds of the prison in Stuttgart-Stammheim .
The table shows the names and terms of office of the presidents since the introduction of the Stuttgart Higher Regional Court in 1879.
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- Higher Regional Court of Stuttgart, online .
- Higher Regional Court Stuttgart, History, online .
- Ortwin Henssler: 100 years of court constitution, higher regional courts of Karlsruhe and Stuttgart 1879–1979. Villingen-Schwenningen 1979, pages 64, 74-75, 77.
- Theodor Knapp: The Württemberg court in Tübingen and the Württemberg Privilegium de non appellando. In: Journal of the Savigny Foundation for Legal History, German Department , Volume 48, 1928 Pages 1–135, online .
- Eberhard Stilz (editor): The Stuttgart Higher Regional Court: 125 years, 1879 - 2004. Villingen-Schwenningen 2004.
- Günther Weinmann: The Stuttgart Higher Regional Court from 1933 to 1945. In: #Stilz 2004 , pages 37-62.
- Gilbert Lupfer: Architecture of the fifties in Stuttgart. Tübingen 1997, pp. 237-243.
- Gustav Wais : Old Stuttgart's buildings in the picture: 640 pictures, including 2 colored ones, with explanations of city history, architectural history and art history. Stuttgart 1951, reprint Frankfurt am Main 1977, page 664.
- Martin Wörner, Gilbert Lupfer, Ute Schulz: Architectural Guide Stuttgart. Berlin 2006, No. 61.
- Website of the Higher Regional Court of Stuttgart
- Overview of the case law of the Stuttgart Higher Regional Court .
- ↑ There are also the district courts of Oberndorf am Neckar, Rottweil, Spaichingen and Tuttlingen in the Freiburg administrative region and the Calw, Freudenstadt, Horb am Neckar and Nagold district courts in the Karlsruhe administrative region . The district courts of Tauberbischofsheim and Wertheim in the Stuttgart district and the Überlingen district court in the Tübingen district, however, belong to the Karlsruhe Higher Regional Court.
- ↑ Federal Bar Association, www.brak.de: Large membership statistics as of January 1, 2018. (PDF; 37.3 kB) Accessed September 5, 2018 .
- ↑ #OLG .
- ↑ #OLG .
- ^ Higher Regional Court of Stuttgart .
- ↑ Kai-Uwe Holze. ( Memento from June 29, 2015 in the Internet Archive )
- ↑ Quoted from: Dampfwalze.eu . - Translation: Get out of my vineyard, you rascal, or I'll cut your legs off so that you have to hobble home on the stump. - That's why we say it in good terms.
- ↑ #Knapp 1928 , #Stilz 2004 , #OLG, history .
- ↑ #Stilz 2004 , #OLG, history .
- ↑ #Stilz 2004 , #OLG, Geschichte , #Henssler 1979 , page 28.
- ↑ #Stilz 2004 , #OLG, Geschichte , #Henssler 1979 , pp. 28–31.
- ↑ #Henssler 1979 , page 30, shows two views of the justice building from 1925 and 1931.
- ↑ #Wais 1951.1 .
- ↑ #Lupfer 1997 , page 448, footnote 435.
- ↑ #OLG, history .
- ↑ #OLG, Geschichte , #Henssler 1979 , pp. 49-52.
- ↑ #Henssler 1979 , p 76th
- ↑ NJW 43/2017 Personal details
Coordinates: 48 ° 46 ′ 37.1 ″ N , 9 ° 11 ′ 14.4 ″ E