Collegial Court

from Wikipedia, the free encyclopedia

As a collegiate court one is saying the body of a court referred, of not having a single judge , but several judges is busy.

Germany

The collegial courts are regularly chambers and senates and according to court branch, the labor courts, the social courts and the courts of appeal instances (except for the transfer of the decision to a single Judge in appointments in civil proceedings at the district court pursuant to §§ 526, 527 Civil Procedure ). The court of lay judges active in criminal matters is also a collegial court .

A collegial court has a presiding judge who is not, however, the superior of the other judges. It regulates the administrative tasks of the collegial court, leads negotiations and pronounces judgments. Decisions of the chairman can be reprimanded by different means, depending on the procedural rules, whereby a decision is made by the entire panel. This means that a chairman has the same say in decisions as the other judges and lay judges.

A rapporteur is the judge of a collegiate court who prepares a case and writes the written judgment. However, this also only has the same powers as the other judges with regard to jurisdiction.

Some people criticize the fact that many collegiate courts actually only have cases decided by the chairman and the rapporteur, especially at the Federal Court of Justice. Since the decision-making is subject to confidentiality, there are no official findings about this.

Liechtenstein

According to Article 2, Paragraph 1 of the Judicial Organization Act, “the criminal and juvenile courts as well as the Higher Court and the Supreme Court ” are collegial courts . According to paragraph 2, “[i] n collegiate courts [...] the majority of judges must have Liechtenstein citizenship. Judges with Swiss or Austrian citizenship who have exercised at least five years of uninterrupted activity as full-time judges in Liechtenstein are equivalent to these. "

Taiwan

In Taiwan, five judges form the Supreme Court Senate and three judges form the High Court Senates.

See also

Individual evidence

  1. Thomas Fischer, Ralf Eschelbach and Christoph Krehl. The ten-eyes principle . Criminal defense attorney StV 6/2013, p. 395 ff. PDF file