Obvious fact
An obvious fact within the meaning of the German Code of Civil Procedure is a procedural fact, the truth of which either results from generally accessible sources and is immediately apparent to everyone, or the truth of which has already been officially made known to the court. Procedural facts are concrete, as determined by time and space, past, present or future events or conditions of the outside world (so-called. Facts outer) or the human soul (so-called. Inner facts) that the event includes a rule of law.
Similar regulations also apply in criminal procedural law and administrative procedural law .
Civil procedural law
Obvious facts do not require any evidence in civil proceedings (and accordingly also in other types of proceedings) in the event of a dispute ( Section 291 ZPO ), but can be established by the judge without taking evidence . The rule thus serves process economy . However, counter-evidence is permitted.
A distinction is made between facts known to the general public and facts known to the court. General knowledge are facts that are known to a large number of people or that are easily perceptible to them (e.g. from generally accessible sources such as magazines and reference works). Court Known are facts when the trial court has already officially becomes aware of them, for. B. in an earlier procedure or through an official notification.
Privately acquired special knowledge of the judge may not be included, otherwise he would be a witness and judge at the same time, which the civil procedure according to § 41 No. 5 ZPO excludes.
Criminal procedural law
According to Section 244, Paragraph 3, Sentence 2 of the Code of Criminal Procedure, an application for evidence may be rejected in criminal proceedings if it is unnecessary to take evidence because it is obvious. As in civil procedure law (see above), obvious facts include common facts and facts known to the court. Obviously in this sense z. B. the genocide committed against the Jews under National Socialist rule.
Administrative procedural law
In the administrative process applies on § 173 also Code of Administrative Procedure § 291 ZPO.
Web links
- Labor court Siegen judgment of March 3, 2006, 3 Ca 1722/05 The research of a judge in a generally accessible and reliable source (here: Internet encyclopedia Wikipedia ) for information on obvious facts does not constitute a reason for rejection due to concerns about bias ( Zöller / Greger, ZPO, 24th edition 2004, § 291 marginal number 1).
Individual evidence
- ↑ Huber in Musielak ZPO, 11th edition 2014, § 291 ZPO margin no. 1, 2
- ↑ BGH of November 25, 1997 - VI ZR 306/96, NJW 1998, 1223 (1224)
- ↑ Saenger, Civil Procedure Code, 5th edition 2013, § 291 Rn. 1
- ↑ Huber in Musielak ZPO, 11th edition 2014, § 291 ZPO margin no. 3
- ↑ Saenger, Civil Procedure Code, 5th edition 2013, § 291 Rn. 3
- ↑ Saenger, Civil Procedure Code, 5th edition 2013, § 291 Rn. 1
- ↑ Huber in Musielak ZPO, 11th edition 2014, § 291 ZPO margin no. 2
- ^ Krehl in Karlsruhe Commentary on the Code of Criminal Procedure , 7th edition 2013, § 244 Rn. 130/131
- ↑ BGH BGH, judgment of April 10, 2002 - 5 StR 485/01, NJW 2002, 2115
- ↑ Breunig in BeckOK VwGO, as of April 1, 2014, § 86 Rn. 80
