Contempt of court

The legal term order means ( article 5 ff EGStGB, § 177 to § 182 GVG ) denotes a judicial orders against process participants or spectators, which serve to maintain order in the court proceedings and ensure the proper conduct of the proceedings. With them unruly behavior is punished or forced to a specific behavior. They are threatened in many procedures.

Types of filing systems

Order means are

Most common applications are

• Witnesses at the non-appearance without sufficient excuse, the unauthorized refusal to testify (see also: refuse to testify ) and the unauthorized refusal of the oath.
• Among spectators, witnesses, experts and defendants breach the orders of the presiding judge.
• Contempt of court.

Not permitted are ordering means the defender, the meeting representatives of the Prosecutor (also Rechtsreferendare ), lay judges and assessors.

Administrative fine

Administrative fine as a sanction is ordered by the court obligation to pay a sum of money. The arrangement is often immediately associated with the threat of administrative detention in the case of Nichteintreibbarkeit of the fine.

Order custody

Administrative detention is in the case of infringements listed threatened deprivation of liberty. It may be ordered only by a judge.

In criminal proceedings, they may be imposed from 1 day to 6 weeks ( Article 6, paragraph 2 EGStGB ). Regulated by law, it is in § 70 Section 1 of the Code of Criminal Procedure ( CCP). In § 70 paragraph 2 Code of Criminal Procedure also the possibility of coercive detention of up to six months is provided.

The order of detention or coercive detention is terminated, if the witness agrees to testify. Except for only feigned willingness of the witness has to lead the mere statement of the witness will change in the immediate termination of the detention.

Are the measures exhausted, so they can be in the same or in a different method, with the same facts relates does not repeat ( § 70 para 4 Code of Criminal Procedure ).

For the civil process meets § 380 Code of Civil Procedure ( ZPO) a corresponding provision in so far as the witness fails to appear. In case of repeated failure of a witness, the measures may be ordered several times. It can then be disposed forcible demonstration of the witness. The flexor or administrative detention for refusal of testimony is governed by § 390 ZPO.

A fine and order custody pursuant to § 890 ZPO

Another concept of the fine and the imprisonment order uses the German law in § 890 ZPO. There is the civil enforcement in cases where the debtor is obliged to refrain from an act ( eg, use of another's trademark, spreading a false statement of fact, physical approach to the creditor, for example, in breach of an order under to tolerate the violence Protection Act ) or to perform an action (such as entering the property by the neighbors for mending the fence ).

Should the borrower, despite the threat of regulatory agent ( § 890 para 2 CCP ) to fulfill its obligation, the court may impose an administrative fine within the legal framework of up to 250,000 euros or ( as an alternative or substitute ) administrative detention. From this setting is enforced ex officio to the Exchequer. An enforcement abroad is not possible.

An election of the debtor, if he would rather pay or go to prison, does not exist.

Demarcation to the legal concept of coercion

Not to be confused is the order of detention with the obsessive, which serves as a coercive means of administrative enforcement.

According to § 888 ZPO serve penalty and obsessive enforcement of an obligation of the debtor to hold an unacceptable action (which only he can bring himself).