Querulant

As a complainer (from the Latin Queri - " sue " ) were originally identified in the case-law referred to people who are particularly tough and unswervingly carry a legal battle despite the low chance of success. Here, a slight or imagined event is hardly in proportion to the opinionated, suspicious, fanatical and incorrigible actions of the people so designated. Even people who constantly make unfounded claims by authorities or in court are called troublemakers. Later the term was picked up by psychiatry and either described as a separate, delusional illness, personality disorder or as an accompanying symptom of other mental disorders. The application of the term is legally problematic, you can read it in the presence of such a fault, the process capability in question. This allows an interested party are effectively prevented from abusive use of lawsuits and appeals, but also on the actual enforcement rights. A legal definition of querulous missing, which is why misuse or incorrect uses of the term are discussed.

In the era of National Socialism were people who wanted erstreiten differing goals of the Nazi ideology before authorities or courts, also referred to as " whiner " or troublemakers and then taken into protective custody and later transported to work camps and concentration camps.

Education Linguistically pejoratively referred complainer someone who unnecessarily complains while insisting stubbornly on his part alleged right.

• 5.1 Process Capability in a process
• 5.2 Designation as a " troublemaker " as a reason for refusal

Conceptual history

Gerhard Möllhoff discussed the Querulanz and psychogenic delusions under medical history, psychodynamic and psychiatric aspects, in terms of assessment questions relevant at mentally disturbed detail. The term complainer he met already in the Roman and Norman right here this has its origin and has already undergone a special form. Queror de injuriis distinction was made early on as quaerimonia ( expression of pain on actually suffered injustice and suffering ) of the querela ( consternation of supposedly erlittenem wrong ). Querula criminalis levis immersive gravis and querulia possessionis designated criminal and civil charges and applications which could reach the high courts as appeals ( querela de protracta institutia ) if error of law of the lower courts were reprimanded. Querulus since the Middle Ages, the nagging and whining applicant who objectively baseless bother offices and courts. Heinrich von Kleist has submitted the fate of a " troublemaker " in the form of businessman Hans Kohlhase impressive in free design in his novella Michael Kohlhaas.

"Those Parteyen which do not submit to the prescribed order, but either Collegia and harass their supervisors with apparently baseless and wrongful complaints against better science and conviction; or after they have been duly injustice of their means with their complaints to proceed anyway, (...) should be considered as wanton or malicious troublemaker, made ​​them the process, and legally recognized about their punishment. "

A binding legal definition of a (legal) grumblers there is not today. Orientation provide only laws comments such as the commentary on the Code of Civil Procedure of Baumbach, Lauterbach, Albers and Hartmann, the typical - querulous behavior and its consequences describes and establishes soft criteria where a judge senseless entries " after previous factual modesty and caution in future unnoticed to the files takes ". However, in a respect of the claim is " blameless unsachlichem lecture " still demanded to be heard. In the same laws comment the lawyer and criminologist Joachim Hellmer is quoted in 1980 pleading for the deletion of the term " Querulanz " from the vocabulary of experts. Querulanz was " neither a mental illness nor a the business, process or sanity touching state but persistent criticism and fearless opposition to any increase or grievances, most particularly intelligent and sensitive people, certainly often excessive and escalating to the point of excess ."

Querulanz in Psychiatry

The first designation of people as " lunatics from dogmatism " in mid -18th century by the forensic pathologist Johann Ludwig Casper. Later, the psychiatrist Emil Kraepelin and Eduard Hitzig specified in the Kraepelin - Hitzig 's thesis Querulanz as a disease, initially under the umbrella term of paranoia. Early 20th century, Kraepelin distinguished between true then Querulanz as a symptom of psychosis and Pseudoquerulanz as part of certain psychopathologies. Carl Wernicke, however, came from Querulanz as clearly defined, own delusional disorder, while Kurt Kolle denied a delusional derivation.

The medical- psychiatric classification systems ICD -10 and DSM -IV distinction today between the querulous delusion and the querulous personality disorder, each as a subordinate expression of other disorders. Common to both disorder images is an opinionated, unteachable, fanatical behavior in people who have a sensitive, easily kränkbare disposition. Epidemiological data and statistics querulatorischem behavior are hardly appropriate diagnoses are now considered very rare. Knowledge of troublemakers is based primarily on case reports about.

Querulous personality disorder

As a criterion for the diagnosis of querulous personality disorder as an expression of paranoid personality disorder, the increasing suffering of the environment is valid under the ruthlessness of the person concerned. Starting with a typically bagatellhaften confrontation ensues a comprehensive struggle that soon the original occasion and by finding a concrete solution, such as a realistic financial compensation, removed. There will be other lawsuits and complaints, counterclaims, extensive correspondence and also to insults. Sometimes develops in the struggle for " the right to be " a partially or completely decoupled from the prevailing understanding understanding of justice, which is to be enforced doggedly.

Querulatorischer delusion

The border to the querulous delusion is evidenced by the complete lack of ability of the person concerned to nurture a " doubt as to the legality of its own position and their own behavior ." He assumed his environment in many parts of the enemy, reprehensible motives, and is convinced of conspiracies to his disadvantage. Also, a solution of the original adversary or tortfeasor, coupled with the expansion of the conflict to all who impede the troublemakers in his fight for justice, or even the whole society, is a delusional typical development, as well as the insistence on unreasonable to absurd penalties and legal consequences. If there is an alignment of the entire circumstances of the " struggle for justice ", individuals may lose their social and family environment.

Querulanz as a syndrome

Recent publications lead Querulanz rare to own diagnosis back, but to describe it as a syndrome that can occur varies considerably in various psychiatric disorders. Detlef E. Dietrich and Bastian Claassen (2012 ) recommend the consideration querulous behavior as a spectrum with smooth transition " from the healthy to the patient with a strong delusion ", the diagnostic coding capabilities should be used as an anchor for pathological conditions. To a localization between a more delusional or paranoid personality disorder resulting from Querulanz would have more symptoms and the life history of a patient are considered. The Swiss psychiatrist Franz Caduff Querulanz considered as a behavioral trait between " right einfühlbarer search about morbid, life -determining self-righteousness to the psychotic delusion ". What is referred to as querulatorisch, differs not only from culture to culture, but also change within a society over time. Thus, he states that the Querulanz since the 1960s virtually disappeared from the clinical psychiatric interest. The reason for the decline in the diagnosis he suspected the former, pejorative use of the term, which would therefore no longer used also for clearly querulatorischem behavior.

Treatment and prevention

Sufferers experience in their struggle for justice rarely require treatment, more likely to cause suffering relatives or a request for approval for contact with a psychiatrist, psychologist or psychotherapist. The literature does not offer much hope yet many approaches for successful treatment querulatorischer disorders. Typical symptoms of mania can be treated with some atypical antipsychotics, which also have a mood stabilizing effect. A questioning the pursuit of justice of a patient during a psychotherapy is not considered advisable, as well as discussions on individual claims and lawsuits. Rather, it is to be taken seriously in their quest for a face-saving, personal rehabilitation and recognition, which would develop with him to extrajudicial means. Also, the working out of the hardships that he expects of himself and his family, may be purposeful.

Approaches to the prevention of a querulous development arose from the observation of the triggering injustice experiences as social factors: Purely formal, bureaucratic and unsympathetic reactions from authorities and other institutions to complaints and concerns can trigger and accelerate the development and escalation querulous behavior. In contrast, understandable, insightful, in-depth on the individual case and on alternative solutions texts help themselves in negative modesty to avoid such mistakes.

Abnormalities in written statements

In the representation of their demands right querulous finished at an average of more frequent and longer briefs, which they enclose sometimes unusual, not relevant systems of significant size. Also, expression, formatting, footnotes, diverse Colour Highlighting, large print, multiple underlinings or highlighter, striking repetitions of characters ( "? " ) Or the peculiar application of technical terms often take strange traits.

Use of the term in the Third Reich

The Administrative Court of Frankfurt am Main spoke with judgment of 21 March 2007 a ​​plaintiff claims for compensation in accordance with the "Guidelines of Hess. State government about hardship payments to victims of Nazi injustice measures to ". For according to § 1 letter e ) of the Guidelines are persons who, because of their lifestyle or life circumstances as - in line with Nazi ideology - were community- disturbing treated (eg " troublemakers ", " work-shy ", " homeless " ) and as such were damaged, be recognized as beneficiaries.

Legal meaning

A diagnosis of querulous delusion can lead to restriction of criminal responsibility in the criminal law sense.

Process capability in a process

The Hessian Administrative Court in Kassel ruled in 1967 that a troublemaker may be partially unfit to stand trial and that this process disability can be determined by the court without the assistance of an exceptionally psychiatrist. On the other hand troublemakers carry quite to the improvement of the legal system. It is estimated, for example, that 80% of Supreme Court decisions dating back to troublemakers.

Nevertheless, the of querulous delusion affected because of this in a free will form beeinflussendem state of morbid disturbance of mental activity ( § 104 No. 2 BGB ), not least to protect them from themselves, is so that henceforth he only complain with a supervisor and sued can be. However, any person is to be regarded as competent to stand trial. The one who has been taken from a querulous in a civil claim, the Court has set out the facts that give rise to the process capability doubt. The process capability is indeed to be considered by the court of its own motion pursuant to § 56 ZPO. But it is by the process capability, until concerns him were pointed out ( not an official determination. ) As the official test must be carried out regardless of the objection of a party, the court in case of any evidence on its own initiative to concerns about the process capability of one of the parties may point and take evidence. Stay after the exhaustion of all exploitable sources of knowledge but doubt whether a party is considered to be competent to stand trial, the presumption of process capability is turned into its opposite; the person is henceforth to be regarded as unfit to stand trial. The complaint must be dismissed as inadmissible. It would require the appointment of a supervisor.

Designation as a " troublemaker " as a reason for refusal

The name of one of the parties as a " troublemaker " by a judge is a linguistic gaffe, which justified a refusal of the judge ( § 42 ZPO) for bias when he corrects himself immediately and do not apologize to the party so designated.

More and similar terms

• Of proceedings,
• Abuse of rights ( abuse of rights )
• Dilatory