Trial judgment
In a trial judgment , the competent court only decides on the admissibility of a lawsuit , legal remedy or other legal remedy . If an essential process requirement is missing - i.e. if there is a so-called procedural or process obstacle - the action or legal remedy will be rejected as inadmissible or rejected.
In the process judgment , in contrast to the factual judgment, the matter itself is not decided. Also, in contrast to the factual judgment, it only has a limited legal force , since its material legal force only extends to those admissibility requirements that have been decided on.
Depending on the type of procedure, this has different consequences:
- In civil proceedings, the plaintiff is not finally excluded with his claim (see preclusion ), but can file the action again if he succeeds in removing the obstacle to admissibility determined by the court.
- In criminal proceedings, if there is a procedural obstacle in the main hearing , the procedure is discontinued by judgment, which according to Section 260 (3) of the Code of Criminal Procedure is referred to as a termination judgment.
