Judgment deadline

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Under the judgment dismissal period is understood in German criminal procedure , the period within which a written judgment to the files must go. This is to ensure that a judgment that has already been announced orally is put down in writing in the foreseeable future, so that it is ensured that the written reasons for the judgment still correctly reflect the result of the consultation. The deadlines represent maximum deadlines, according to the wording of the law, the judgment must be written down immediately .

The deadline is regulated in Section 275 (1) of the Code of Criminal Procedure. Within the time limit, the judgment must be complete and all professional judges signed have reached to the files. Exceeding the deadline is only permitted in exceptional cases. The date of receipt and a change of the reasons of the office to be noted. Changing the reasons for the judgment after the deadline has expired is not permitted. Obvious inaccuracies or typographical errors can, however, be changed at any time. The full judgment can also be recorded in the minutes of the main hearing .

The deadline depends on the length of the main negotiation, as more complex main negotiations usually require more justification. Only the last main hearing is decisive; Suspended main negotiations or main negotiations in previous instances or before a referral back do not count as the judgment was not issued on the basis of this either.

The deadline for setting the judgment begins on the day the judgment is pronounced, not counting the judgment itself. The following table provides an overview of the time limit for setting the verdict depending on the length of the main hearing.

Duration of the main hearing in days Length of the period in which the judgment was to be sent
1-3 5
4-10 7th
11-20 9
21-30 11
every further 10 each additional 2

An inadmissible exceeding of the deadline can be reprimanded with the appeal . There is then an absolute reason for revision ( § 338 number 7 StPO).