Demonstration (court)

from Wikipedia, the free encyclopedia

A demonstration is primarily the bringing of a person involved in the process to a criminal court or a district court doctor by the demonstration service of the judiciary or police in the context of a court case in private litigation , in criminal matters and in voluntary jurisdiction . Furthermore, special cases are also provided for in German law (see below).

The person presented can be anyone involved in the process, including witnesses . In criminal proceedings , demonstrations are carried out by the police and judicial officer . For this purpose, the persons shown are taken from prisons of the judiciary or the police to the competent court in prisoner transport vehicles, where the police officers are responsible for the presentation at the appointment ( demonstration service ).

There are different legal bases for a demonstration, e.g. B. in criminal procedure law in Germany § 230 StPO for a defendant who is absent from the main hearing without excuse ( absence ) or § 51 StPO.

Appear preloaded people despite proper charge not in court, can this by showing a warrant to search are advertised. Here the police act as part of the enforcement assistance . The officers of the police sergeant can also make arrests or arrests in the event of requests for demonstrators or arrest warrants from the court. Depending on the text of the resolution (basis for action), the demonstration can be obtained by means of direct compulsion .

In urgent criminal cases ( pre- trial detention , Section 112 (2) of the Code of Criminal Procedure), a personal presentation before the competent judge ( Section 115 of the Code of Criminal Procedure) may be omitted in exceptional cases . Under strict conditions, it is permissible to only submit the files to the investigating judge to examine the reasons for detention (so-called “symbolic presentation”).

In the military service law ( § 44 , para. 2) and in the community service law ( § 23a ) are forcibly demonstrations by the police in the context of implementation aid (in the former case and by the Feldjäger provided). These demonstrations are the deliveries of the conscript to the employing agency.

In the care procedure as well as in the placement procedure , a presentation of the person concerned for a hearing or examination by an expert by the respective specialist authority ( care authority , health department ) is provided. The legal bases are § 283 and § 322 FamFG .

In Germany, the legal basis for reviewing the demonstration is Section 128 StPO:

Paragraph 1: The arrested person must be brought before the judge at the district court in whose district he was arrested immediately, at the latest on the day after the arrest, if he is not released. The judge hears the person presented in accordance with Section 115 (3) StPO.
Paragraph 2: If the judge does not consider the arrest to be justified or the grounds for it to be eliminated, he shall order the release . Otherwise, at the request of the public prosecutor's office or, if a public prosecutor cannot be reached, ex officio , he issues an arrest warrant or an order for placement . Section 115 (4) of the Code of Criminal Procedure applies accordingly.

See also

Individual evidence

  1. See RiStBV 51; Graf, Karlsruhe Commentary on StPO (6th edition 2008), § 115 margin no. 8th; Hilger, in Löwe / Rosenberg, StPO, 26th edition 2007, margin no. 6; 13.