Guidelines for criminal and administrative fine proceedings
The guidelines for criminal proceedings and fine proceedings ( RiStBV ) represent supplementary administrative regulations for criminal proceedings and fine proceedings in Germany.
The RiStBV were enacted by the Federal Ministry of Justice and Consumer Protection with the State Ministries of Justice on January 1, 1977 in order to ensure that these proceedings are dealt with in a largely uniform nationwide manner . As administrative regulations, the RiStBV have no legal force and only bind employees of the judiciary who are bound by instructions . They are aimed primarily at the public prosecutor's office , but also provide information for judges who are not bound by instructions , but which are non-binding, and for administrative actionthe police. The RiStBV has no legal source quality due to the lack of external impact, but is included in the internal police and judicial proceedings. Thus, violations can in principle be objected to under service law.
The RiStBV are part of the law of criminal procedure in the broader sense. The guidelines for criminal proceedings represent the first part of the RiStBV and, like the Criminal Code, are divided into a general and a special part. The general part contains, among other things, regulations on the individual procedural stages and special procedural situations. The special part of the guidelines for criminal proceedings deals with individual criminal provisions of primary and secondary criminal law . The following are the guidelines for the fine procedure . At the end of the RiStBV you will find the annexes to the guidelines for criminal proceedings .
The RiStBV was last changed with effect from December 1, 2018 ( BAnz AT November 30 , 2018 B3 ).
See also
literature
- Holm Putzke and Jörg Scheinfeld: Criminal Procedure Law. Nomos. Baden-Baden 2005, ISBN 3-8329-0947-8 .
- Claus Roxin and Bernd Schünemann : Criminal Procedure Law. CH Beck, 26th edition, Munich 2009, ISBN 978-3-406-55222-9 .
