Electoral remedies
An electoral remedy is a legal institution that only allows a party to either appeal or appeal in criminal proceedings .
Legal history
The right to vote was first proposed in 1923 by the then Reich Justice Minister Eugen Schiffer from a fiscal point of view and introduced into criminal procedure law through the emergency ordinances of 1931 and 1932. In 1950 it was abolished again by the Unification Act. In the 1990s, the Federal Council drafted a second law to relieve the administration of justice and the CDU / CSU draft of a law to speed up criminal proceedings, but was not reintroduced in general criminal proceedings.
Electoral appeal in juvenile criminal proceedings
The current German procedural law has had an electoral remedy in juvenile criminal proceedings since 1953 . Against an official court order, so from such a juvenile court judge or the youth jury court , the prosecutor or the convict can basically the appeal of the appeal or that the revision insert. However, the person who has appealed against a judgment can no longer appeal the judgment of the court of appeal ( Section 55 (2 ) JGG ).
Compared to general criminal proceedings, in which the district court judgment can also be attacked both with the appeal and with the revision, but can also appeal against the appeal judgment, the number of instances is therefore reduced by the design of the possibility of appeal as an option. This should bring about an acceleration in juvenile criminal proceedings, which is considered particularly necessary here in order to increase the educational value of juvenile prisoners.
Current legal policy discussion
The electoral remedy according to § 55 Abs. 2 JGG is not so closely linked to the concept of education in juvenile criminal law as to prevent it from being included in general criminal proceedings. In the course of procedural law reforms in 2007, an expansion of the right to vote was also requested to include general criminal proceedings (Sections 333, 335 of the Code of Criminal Procedure). The draft aimed to eliminate the contradiction that results from the fact that, under current law, there are three instances available for criminal proceedings that have their outcome at the district court, but only two for criminal cases that are heard in the first instance before the regional court. However, the revision serves decisively to control the quality of the factual instances. The Federal Government did not consider this control to be appropriate if the local court had criminal penalties of up to four years' imprisonment and thus in fact up to the range of medium crime.
In its final report presented in October 2015 , an expert commission on the reform of criminal procedural law , convened by Federal Justice Minister Heiko Maas in 2014 , again rejected the change to the current legal remedy system in favor of an electoral remedy. Such a change does not fit with the German system of legal redress, according to which the rapid finding of a judgment in criminal proceedings before the local court is balanced by the defendant's right to a second instance of fact.
The legal remedies of the appeal and the revision therefore each have their own meaning, which prevents a restriction to one or the other.
Individual evidence
- ^ Karl-Christoph Bode: The right to vote in criminal proceedings . Verlag Peter Lang, Frankfurt am Main 2000, ISBN 3-631-36990-5 , also: Univ.-Diss. Potsdam, 2000. Review by Uwe Scheffler, Neue Justiz 2001, p. 303.
- ↑ Uwe Scheffler: Criminal Procedure Law, quo vadis? ( Memento of December 29, 2016 in the Internet Archive ) 1995, pp. 454, 458.
- ↑ OLG Bamberg, decision of May 5, 2011 - Az. 3 Ss 44/11
- ↑ BT-Drucksache 16/6969 of November 7, 2007, draft law of the Federal Council on the introduction of the right to vote in the Criminal Procedure Code, pp. 6/7.
- ↑ Eren Basar, Anja Schiemann: The StPO reform: big hit or missed chance? In: KriPoZ. 3, 2016, p. 177ff.
- ↑ Federal Ministry of Justice and Consumer Protection (Ed.): Report of the expert commission on the more effective and practical design of general criminal proceedings and juvenile court proceedings. Berlin, October 2015, p. 153 f.
- ↑ Federal Bar Association : Statement by the Criminal Law Committee November 2015 p. 14.
