The Court

January 5, 2021 by No Comments

In the three-part division of powers of the German legal system, the courts, as a judiciary (judicial power), are called upon to monitor compliance with the law. They perform a guardian function to ensure compliance with the legal system. The criminal justice system consists of the local courts, the regional courts, the higher regional courts and the Federal Court of Justice. For the respective responsibilities of these courts and their composition, see there.
What are the duties and responsibilities of the court in the main hearing?

In the main hearing, the court has the task of deciding on the charges. In doing so, it is required to objectively determine all circumstances of the course of events. The court must therefore investigate all the incriminating circumstances, but also all the exonerating the accused. The court conducts these investigations ex officio, which means that the investigations do not have to be requested in advance by a litigant. Therefore, unlike in civil proceedings, the court is not bound by what the accused, his defense counsel and the public prosecutor put forward. Rather, the court has to use all conceivable (and admittedly obvious) evidence that makes it possible to reconstruct the course of events and thus the defendant’s guilt. The court or the chairman of the court conducts the hearing, hears the accused and takes the evidence.

The chairman gives the floor to the individual parties involved in the proceedings and can withdraw it again in the event of abuse. In addition, the chairman has domiciliary rights in his meeting room and is responsible for maintaining order in the meeting. Parties, accused, witnesses, experts or persons not involved in the hearing who do not obey the orders made to maintain order can be removed from the meeting room at the direction of the court and taken to custody and for a period to be determined, the twenty-four hours must not exceed.

At the end of the hearing, the court must be convinced of the course of events and decide accordingly. It has to draw this conviction from the main hearing, so it may only use those facts and circumstances for reaching a judgment that have become the subject of the main hearing. The judgment will be announced by the chairman at the end of the main hearing.

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