Legal process

Process is called adversarial proceedings before a court, which is initiated by an action (in the case of criminal proceedings by indictment ) and it aims to clarify the situation by a binding decision ( a judgment or court order ).

In the criminal law is understood as a process of ordered, from layer to layer a developing procedure for obtaining a judicial decision on a substantive legal relationship.

The term " adversarial " process refers to the definition of ' non-adversarial " procedures are also performed by courts; the latter include, for example, procedures relating to the registration of land -related rights in the Land Register. They are included in the area of ​​voluntary jurisdiction, for its own procedural law applies. The German law knows no uniform procedural law. " Trial " is thus a broader / more general term than "process".

The different court branches have their own codes of procedure in each case.

Differentiation

The active process is referred to a court case from the perspective of the plaintiff. This has initiated the process. In contrast, the defendant performs a passive process - he has not sought the process, but " suffers " him.