NCJ Number
64764
Date Published
1976
Length
67 pages
Annotation
AN OVERVIEW OF THE WEST GERMAN JUDICIAL SYSTEM AND FUNCTIONS OF THE VARIOUS COURTS IS PRESENTED TO PROVIDE LAYMEN WITH THE INFORMATION NECESSARY TO PROTECT THEIR RIGHTS.
Abstract
CASES BROUGHT BEFORE THE COURTS INVOLVE VIOLATIONS OF EITHER THE CRIMINAL CODE OR THE CIVIL CODE. SPECIAL COURTS EXIST FOR CERTAIN TYPES OF CIVIL CASES; E.G., PATENT AND MARITIME COURTS. COURTS OF FIRST INSTANCE ARE THE STATE COURTS AND THE COUNTY COURTS; COUNTY COURTS ARE RESPONSIBLE FOR LESS SIGNIFICANT CASES AND FOR URGENT CASES. THE COUNTY COURTS ARE GENERALLY PRESIDED OVER BY A JUDGE ALONE; CASES MAY BE BROUGHT EITHER IN WRITING OR ORALLY. PROCEDURALLY, THE ACCUSED PARTY MAY DEFEND HIS OWN CASE AND ALWAYS HAS THE RIGHT TO APPEAL BETWEEN 1 AND 5 MONTHS AFTER A JUDGMENT HAS BEEN REACHED. COURTS OF APPEALS ARE PRESIDED OVER BY THREE PROFESSIONAL JUDGES. WINNING A CASE DOES NOT AUTOMATICALLY MEAN RESTITUTION: MEASURES MUST FREQUENTLY BE TAKEN TO FORCE PAYMENT. CRIMINAL PROCEEDINGS ARE GENERALLY INSTITUTED BY THE STATE IN COUNTY, STATE, OR PROVINCIAL COURTS, DEPENDING ON THE SERIOUSNESS OF THE CRIME; ASSIZE COURTS HANDLE THE MOST SERIOUS CRIMES. A SPECIAL COURT SYSTEM EXISTS FOR PROCEEDINGS AGAINST JUVENILES. THE STRUCTURE OF THE PROSECUTOR'S OFFICE AND SPECIAL COURT PROCEDURES FOR PRIVATE PROCEEDINGS, BREACHES OF PUBLIC ORDER, AND APPEALS ARE OUTLINED. SPECIAL COURT PROCEDURES IN CIVIL SUITS AND APPEALS EXIST FOR PATENT MATTERS, LABOR RELATIONS, ADMINISTRATIVE AFFAIRS, DISCIPLINARY ACTION, MILITARY BUSINESS, FINANCIAL IRREGULARITIES, AND MATTERS PERTAINING TO SOCIAL SERVICES. THE JUDICIAL SYSTEM IS ALSO EMPOWERED TO MANAGE THE COURT SYSTEM: JUDGES ARE TO REACH DECISIONS INDEPENDENTLY OF THE ADMINISTRATIVE SYSTEM, AND THE FEDERAL GOVERNMENT IS NOT PERMITTED TO INTERFERE WITH STATE RESPONSIBILITIES. A BIBLIOGRAPHY AND AN APENDIX CONTAINING TEXTS OF LAWS RELATING TO THE WEST GERMAN SUPREME COURT ARE FURNISHED. --IN GERMAN. (KMD)