Amtsgericht

The district court is in Germany in addition to the district court (and rarely the Higher Regional Court ), the court of first instance of general jurisdiction. In Switzerland district court is the name of the first instance court in the canton of Solothurn (until 2007 in the canton of Lucerne); on this see the article District Court.

Management of the District Court

Most district courts are headed by a Director (Director of the District Court, grades R 1 to R 3). These district courts further supervision is with the President of another District Court or the President of the parent in the District Court of appeal. Large district courts with many judges positions are, however, (R 3 to R 6 President of the District Court, grades ) headed by a President and Chairman ( the Office ) dishes called. Examples are the Amtsgericht Dortmund in North Rhine -Westphalia and the District Court of Leipzig in Saxony.

Competence and Instrumentation

The district courts are mainly engaged in process of civil and criminal law. They are basically occupied by single judges ( § 22 para 1 GVG ).

Civil Procedure

Among other orders for payment (see also Central Mahngericht ) is exclusively responsible. Furthermore, in the district courts, among others, the commercial register, the register of cooperative societies, the register and the register is kept property law. It is therefore registry court. To the District Court and the Land Registry part (exception: Baden- Württemberg). The public register and the Land Registry shall be in accordance with the rules on voluntary jurisdiction. Decisions necessary, depending on the cause of the single judge, the judicial officer or the registrar of the office.

In civil litigation, the District Court has jurisdiction in a dispute value up to 5,000 euros ( § 23 No. 1 GVG ) (also provided that interest would increase the amount in dispute, § 4 paragraph 1 ZPO). Regardless of the amount in dispute is concerning, among other landlord and tenant housing and child - shank, maintenance and family matters jurisdiction. The district court shall also act as enforcement court, in process of foreclosure or receivership, in bankruptcy proceedings, as well as probate and guardianship as a court, as well as in residential property matters and in detention matters ( eg deportation ). For government liability cases, the district court, however even then not responsible if the amount in dispute under € 5,000 ( § 71 para 2 No. 2 GVG ).

Criminal matters

According to § 24 Section 1 No. 2 GVG, the District Court is in principle in criminal matters relevant if a term of imprisonment not to be expected over four years and is not expected to accommodate the accused in a psychiatric hospital or in preventive detention. Regardless responsible for sentencing in § 74 paragraph 2, § 74a or § 120 GVG offenses mentioned under § 24 I No. 1 GVG always the District Court or the Court of Appeal. In addition, the prosecutor can acc. § 24 I No. 3 GVG rise because of the particular vulnerability of casualties of the offense who come as witnesses in consideration of the particular scale or the particular significance of the case proceedings before the district court.

If the district court jurisdiction is acc. § 25 GVG a trial judge, acting alone, if a fine or a prison sentence is to be expected not more than two years. The trial by jury formed in the district courts pursuant to § 28, § 29 GVG is responsible for the remaining criminal matters of the district court, so if a penalty is to be expected between two and four years. The trial by jury is basically composed of the judge at the district court as a chairman and two lay judges ( § 29 para 1 GVG ). At the request of the prosecution, another judge may be consulted at the local court ( § 29 para 2 GVG ).

Felony and other weighty criminal matters are heard by a large Criminal Court or a Criminal Division of the Court of Appeal.

Position of the District Court by way of appeal

In the district court of appeal on lower courts are (varies by item), the district court, the Court of Appeal and the Federal Court.