Interim remedial action
In German criminal proceedings, an interim remedy is referred to as a complaint during the main hearing with which an order by the chairman is objected.
The application for a court decision is regulated in Section 238 (2) of the Code of Criminal Procedure. It can be submitted by any party to the proceedings at any time during the hearing. Court members (other judges and lay judges) cannot invoke this provision directly, but they can request an interruption to a consultation at any time and thus bring about a court order. Witnesses and experts are also entitled to complain about questions directed at them, but not listeners.
The purpose of the interim appeal is to object to an order from the chairman as inadmissible and then to bring about a court order. The full court then decides whether the order was actually inadmissible or not, including lay judges . The interim legal remedy is also possible in a hearing before the criminal judge (single judge) at the local court, although the same judge decides on the matter, but then by resolution that must be recorded in the minutes of the meeting. The decision can also be recorded as an annex and a copy can be given to the parties involved immediately.
The Rüführer can justify his complaint. The other parties involved can submit comments. There will be no further negotiations until the decision on the complaint has been made. Usually the session is interrupted and the court withdraws to deliberate. As an exception, issues can be discussed in advance and decided by show of hands in the hall.
The interim remedy is particularly important for the revision . An order by the chairman can no longer be criticized as inadmissible in the appeal, but only a court order based on it. This also applies before the criminal judge. If a court decision is made immediately, no complaint is required in the hearing. Only court decisions are therefore revisable. For this reason, every measure taken by the chairman that is to be criticized in the appeal must be objected to in the hearing. In practice, the presiding judge's order is usually confirmed, with reasons for the court order.
At times, excessive use of the interim remedy is perceived as a defense of conflict . This is so far incorrect as a party for later successful appeal by law to raise the complaint must . The fact that this can significantly delay the hearing is a consequence of the usually long deliberations of the court. However, it is precisely the law that requires the filing of a complaint so that this cannot be blamed on the complainant.
