Procedural requirement
Process requirements (also called process requirements) are essential objective conditions that must be present in order for proceedings to be carried out before a court.
They exist in all types of proceedings and must be examined ex officio in every stage of the proceedings (there are special features in civil proceedings ).
Examples :
- The applicable jurisdiction (for Germany § § 18 ff. GVG ) must exist so that a procedure can be carried out.
- The parties have a party to be.
- In criminal proceedings , a criminal complaint must be submitted by the injured party or the person entitled to file a complaint for some offenses.
Procedural obstacle
The counterpart are the procedural or process obstacles , also called negative procedural requirements or negative process requirements.
If a procedural requirement is not or no longer present or if there is a permanent obstacle to the proceedings, a procedure cannot be carried out. If it is already pending, it will be terminated, in criminal proceedings by a resolution or a suspension judgment in accordance with Section 260 (3) StPO , in civil proceedings by a trial judgment .
Examples :
- The same subject matter of the proceedings must not already be pending before another court (other lis pendens ).
- A final criminal judgment must not have already been issued for the same offense ( Art. 103 (3 ) GG ).
- If the accused or defendant dies in criminal proceedings, the proceedings are discontinued . On the other hand, if the party dies in civil proceedings , only one interruption of the proceedings occurs .
The exact definition and the details of the procedural requirements are controversial in jurisprudence .
literature
- Oskar Bülow: The doctrine of the litigation defenses and the litigation requirements , Aalen 1969. Reprint of 1868-ed ISBN 3511006147
