Legal discussion
A legal conversation is the attempt made by the court and the parties involved in court proceedings to bring about an understanding between the parties .
Sense and purpose
In general, an oral hearing or, as it is called in criminal proceedings, a main hearing also serves to provide the parties involved with clarity about the legal issues relevant to the decision and the positions taken by the parties and the court . This discussion of the legal problems ideally also lays the foundation for an understanding regarding the outcome of the proceedings. However, the possibilities for this diverge within the various types of procedure:
Areas of application
Civil litigation
In civil proceedings , which in this context also includes labor court proceedings , the legal discussion in the sense of a discussion of the facts and the dispute is a sensible starting point for a settlement proposal that the court should submit to the parties. At the labor court, the legal discussion is particularly important in the regular quality negotiations .
Administrative process
In the public-law proceedings, i.e. the administrative process , the financial and social court proceedings as well as the disputes before the constitutional courts , the comparison is less important than in civil law, although it occurs here in the form of the so-called actual understanding . The legal discussion here serves less to prepare an amicable agreement than to the effort, which is particularly important in the sensitive areas of state power , to show the person concerned the reasons for which he may not be able to prevail and thus counteract the impression of arbitrariness .
Criminal trial
In criminal proceedings , the legal conversation aimed at reaching an understanding has a special role: after all, understanding in criminal proceedings , sometimes referred to as a “deal”, is only permitted with a few restrictions.
In general, the Code of Criminal Procedure is designed to be hostile to comparison: the process must not develop into a "trade in justice". Nevertheless, the Court of having Federal Court declared the plea bargain admissible if, inter alia only the criminal sentence is provided for discussion, the accused no procedural foreign services are demanded and the proceedings are not yet committed to the agreement, to appeal against the decisions issued judgment to renounce .
Discussions about such an understanding are also referred to as legal discussions in everyday forensic practice.
Judicial notices
In legal discussions, the judicial obligation to provide information applies , § 139 ZPO, which, according to the general opinion, is more stringent with regard to parties to nature than with those who are represented by a legally trained representative, in particular a lawyer . Lawyers usually perform the function of an interface that mediates between judges and citizens.
literature
- Joachim Goebel: Legal Discussion and Creative Dissent. At the same time a contribution to the meaning of language in the interpretive practice of civil proceedings . In: Writings on legal theory . tape 200 . Duncker and Humblot, Berlin 2001, ISBN 3-428-10375-0 .
- Hans-Willi L Bäumen: The legal discussion in civil proceedings . Heymann, Cologne 1984, ISBN 3-452-19681-X (Zugl .: Cologne, Univ., Diss., 1983).
Individual evidence
- ^ Rüdiger Zuck: Ability to postulate and compulsory lawyer: The role of the lawyer in a changing world . In: JuristenZeitung . tape 48 , no. 10 , 1993, ISSN 0022-6882 , pp. 500–508, 505 with further references , JSTOR : 20820975 .
- ↑ Thorsten Berndt: From the competent handling of technical incomprehension in court: to the professional special knowledge of judges . In: Karl-Siegbert Rehberg (Ed.): Social Inequality, Cultural Differences: Negotiations of the 32nd Congress of the German Society for Sociology in Munich. Teilbd. 1 and 2 . Campus Verlag, Frankfurt am Main 2006, ISBN 978-3-593-37887-9 , pp. 3174-3182, 3175, 3181 , urn : nbn: de: 0168-ssoar-143057 .
