Assizes

A circuit court is a court of first instance verdict body whose competence is restricted mainly to the offenses of murder, manslaughter and qualified success with the death of intent offenses ( homicide with exceptions, in particular of involuntary manslaughter ). The jurisdiction is based on § 74 paragraph 2, § 74e GVG.

The term circuit court in Germany leads explicitly a Great Criminal Chamber of the District Court, staffed by three professional judges and two lay judges ( § 76 GVG ) in accordance with the law of specific jurisdiction. § 74 para 2 GVG for the crimes specified therein ( § 12 paragraph 1 of the Criminal Code ).

Appeals against decisions of the Court of Assizes (as Chamber of the District Court ) is merely the appeal (§ 333 Code of Criminal Procedure ) before the Bundesgerichtshof ( § 135 para 1 GVG ) allowed. Complaints ( § 304 Code of Criminal Procedure ) against other decisions in the process are handled by the Oberlandesgericht ( GVG § 120, paragraph 4).

History

The concept of trial by jury dates from the period 1878-1924, when it is actually the circuit court nor a jury acted ( former cast members: three judges and twelve jurors ). The to 1924 usual court order (separation of judge and jury with separation of criminal and blame ) was Reich Minister of Justice Erich Emminger as part of its controversial legal reform, the so-called " Emminger amendment ", in favor of a single judge bench of three professional judges and six jurors ( abolished in Schöffengrund function) Regulation of 4 January 1924. The latter were further reduced in the following years.

The court no longer decide by jurors. The name comes so far only on a historical significance. Substantive differences to the otherwise competent ( unnamed ) Great Criminal Court are thus 79-92 GVG no longer connected by repealing § §, with the exception of the compelling cast of three professional judges and two lay judges. Unlike the ordinary Great Criminal Court trial by jury at the opening of the main proceedings can not decide to conduct the trial with only two judges, including the chairman and two lay judges.

Previously also press things were in the jurisdiction of the Circuit Court.

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