Process absence (Germany)

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The absence of litigation , i.e. the absence of a party in legal proceedings, is regulated differently in Germany in the various procedural rules:

civil right

The opponent of a party who fails to appear in civil proceedings including labor court proceedings without sufficient excuse can either apply for a default judgment or a decision based on the location of the files . Since civil proceedings are based on the principle of party disposition, the court cannot take action without such a request, but in this case can order the suspension of the proceedings .

Criminal trial

In criminal proceedings, including proceedings on administrative offenses, negotiations can take place in the absence of the accused or the person concerned under certain circumstances. If these prerequisites are not met, the presence of the accused must be enforced, either by presenting or by issuing a warrant .

If the appellant is absent without excuse, the appeal of the defendant as well as the objection to a penalty order or penalty notice are to be rejected without a hearing on the matter.

If the expectation of punishment is low, it is possible to hear the criminal trial without the presence of the accused, provided that the accused was summoned and advised of the possibility.

Administrative process

In the administrative process, including the social judicial process and the proceedings before the constitutional courts, the prerequisites are regularly present to be able to negotiate even if a party is absent. This does not exclude sanctions against a plaintiff whose personal appearance was ordered.