Proceedings

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As of proceedings, even process procrastination, Trölerei, the unnecessary delay of proceedings before authorities or courts understood or by authorities or courts.

Delay in proceedings is an intentional act ( intent aimed at delaying proceedings).

Historical bases

The general prohibition of delaying proceedings was already provided for in the Reich Chamber Court Code of 1495 (§ 6): "The speakers accepted by the Chamber Court should ... not ... cause a delay in the case with bad intentions or allow the parties to do so."

Reasons and Effects

In proceedings before a court and the authorities, the party (s) has an obligation to promote proceedings. The breach of the obligation to promote proceedings or the obligation to promote proceedings usually already entails the intention to delay proceedings.

Whether the procedural promotion obligation or obligation to promote proceedings is properly fulfilled or whether there is actually an intention to delay proceedings is also determined by whether the party (s) are properly represented in court or the authority (e.g. by a lawyer ). The party represented by a lawyer must have the allegation of delayed proceedings countered earlier than the unrepresented and largely legally ignorant party ( duty of instruction, duty of instruction, also duty of manuscript ).

There is often an intention to delay proceedings in order to postpone a fundamentally unavoidable event (e.g. entry of a deadline, a decision, entry into legal force, etc.) or to prevent a deadline (e.g. statute of limitations ).

In order to delay proceedings, the party concerned often uses procedural law to submit an application for evidence to the court or the authority, the processing of which is not possible or only possible with considerable effort, and which does not make a significant contribution to solving the legal question. Sometimes the multiple adjournment of the trial dates, on-site inspections, etc. is requested, judges or experts are rejected, etc. In the construction industry , allegations of alleged deficiencies are widespread in the case of poor payment behavior in order to obtain a judicial loan for the duration of the court proceedings .

Inadmissible process carry-over is also present if someone up to "St. Never a Day ” wants to continue the procedure without thereby gaining any legally significant advantage or decision (e.g. by acting contrary to good faith ).

Intentions to delay proceedings are also attempted in part by using tu quoque arguments .

Proceedings can also be delayed by authorities or courts themselves to the advantage or disadvantage of a party.

Measures against the procrastination

The courts and authorities can use the respective procedural rights (e.g. ZPO , StPO ) to prevent proceedings being delayed. B. by:

  • Refusal to collect further evidence if it is clearly presented with intent to delay proceedings;
  • Refusal to make further allegations;
  • Imposition of the additional expenses for the procedural sections which have arisen due to the intent to procrastinate.

The parties are usually given an appeal to the higher authority or the next court instance ( devolving effect ) against the delay in proceedings by authorities or courts .

See also

Individual evidence

  1. ↑ Swiss and Liechtenstein; to Alemannic trȫlen 'wallowing, turning'; see Schweizerisches Idiotikon , Volume XIV, Column 905 ff., Article trȫlen , meaning 4a.
  2. ^ Reichskammergerichtsordnung 1495, transferred from the Early New High German (PDF; 142 kB).
  3. ↑ Obligation to provide instructions / duty to instruct / duty of manuction is to be understood as the obligation of authorities and courts to give oral legal information to the party who is not represented by a lawyer and who has no legal knowledge, so that they can exercise their rights (for example, with regard to contesting decisions, the possibility of being involved and appointed of a lawyer, the right to refuse to testify etc.). The breach of the instruction obligation / duty of maneuver can lead to inadequacy of the procedure.
  4. ↑ Such an announcement by a defendant representative that the proceedings will be delayed “until St. Never's Day” is illegal and may violate the provisions of the Lawyers' Act (e.g. in Austria against § 9 RAO and § 2 RL-BA). Such behavior can also be viewed as contrary to class.
  5. ↑ If an application is only made for the purpose of delaying the process, it can be rejected by the authorities or the court. However, such a reason for rejection can only be invoked if the only purpose of the application is to delay the proceedings. The inclusion of an offered evidence can be refused by the court on application or ex officio. In doing so, however, all circumstances must be carefully researched so that there is no reasonable doubt that the offer of evidence was only made to delay proceedings.