Definition and Function of the Strafkammer (Criminal Chamber)
A Strafkammer (criminal chamber) is a judicial panel within the German court system, specifically in the regional courts (Landgerichte), responsible for hearing and deciding certain criminal cases as well as appeals and complaints. Its jurisdiction and composition are primarily governed by the German Code of Criminal Procedure (StPO) and the Courts Constitution Act (GVG).
Legal Foundations
Integration within the Judiciary
The Strafkammer is one of several chambers within a regional court (§ 74 GVG). In addition to civil chambers, there are typically also criminal chambers and, where applicable, special chambers, for example, for juvenile matters. Local courts (Amtsgerichte) and higher regional courts (Oberlandesgerichte) do not have Strafkammern; instead, they take on other roles in criminal proceedings.
Legal Norms
The essential regulations can be found:
- in the Courts Constitution Act (GVG), in particular §§ 74 et seq. regarding the Strafkammern,
- as well as in the Code of Criminal Procedure (StPO), especially regarding procedural rules before the Strafkammern (e.g., § 335 et seq. StPO).
Types of Strafkammern (Criminal Chambers)
Within the regional courts, there are different types of Strafkammern, each assigned with different responsibilities.
Große Strafkammer (Grand Criminal Chamber)
Die Große Strafkammer (Grand Criminal Chamber) is, pursuant to § 76 GVG, the general criminal chamber of the regional court. It decides at first instance on particularly serious crimes for which the regional court has jurisdiction, such as certain capital offenses (e.g. murder, manslaughter). The Grand Criminal Chamber is typically composed of three professional judges and two lay judges (Schöffen) (§ 76 (2) GVG). In less serious cases, the composition may be reduced.
Kleine Strafkammer (Small Criminal Chamber)
Die Kleine Strafkammer (Small Criminal Chamber) is established in accordance with § 76 (2) sentence 3 GVG. It mainly deals with appeals against judgments of local courts in criminal matters. The Small Criminal Chamber consists of a professional judge as chairperson and two lay judges.
Wirtschaftsstrafkammer (Economic Criminal Chamber)
In addition to the general Strafkammern, so-called Economic Criminal Chambers exist according to § 74c GVG, which deal with extensive or significant economic criminal cases. Their establishment depends on the organization of the respective court.
Jugendkammer (Juvenile Chamber)
For criminal matters involving juveniles or young adults, Jugendkammern (juvenile chambers, § 33 JGG) are established. These are adapted in composition and procedure to the particularities of juvenile criminal law.
Jurisdiction of the Strafkammer
Material Jurisdiction
The Strafkammer has first instance jurisdiction over crimes for which the regional court has competence under § 74 (1) GVG. This essentially includes felonies and misdemeanors with higher penalties or particular importance to the public.
Functional Jurisdiction
Strafkammern perform different functions:
- First-instance trials of serious criminal offenses,
- Ruling on appeals from decisions of the local courts,
- Deciding on complaints,
- Appointment of court-appointed defense counsel (§ 140 StPO),
- Deciding on certain motions in the preliminary investigation.
Local Jurisdiction
Local jurisdiction is determined by §§ 7 et seq. StPO and is generally based on the place of the offense, the residence of the accused, or where the victim was found.
Composition of the Strafkammer
The composition of the criminal chambers is intended to ensure a proper and balanced decision-making process.
Judges’ Bench
In the Grand Criminal Chamber, the judges’ bench consists of three professional judges and two lay judges (§ 76 GVG). In straightforward or less significant cases, one or more professional judges may be omitted.
Chairperson
The chair is held by a member of the Strafkammer appointed by the presiding administration of the court. As a rule, this is the longest-serving judge.
Participation of Lay Judges
Lay judges (Schöffen) are honorary judges who participate in the main hearing and the judgment. Their vote counts equally alongside that of the professional judges; decisions are made together and by majority vote.
Conduct of Proceedings before the Strafkammer
Charges and Preparation
Proceedings before the Strafkammer commence with the filing of charges by the prosecution. After reviewing the charges, the chamber usually opens the main proceedings (§§ 199 et seq. StPO).
Main Hearing
The main hearing follows the provisions of the StPO. The Strafkammer takes evidence, examines witnesses, expert witnesses, and the defendant, and at the end determines findings regarding guilt and penalty.
Pronouncement of the Judgment and Legal Remedies
After the conclusion of the taking of evidence, the Strafkammer deliberates on the judgment. Depending on the instance, remedies such as revision or complaint may be available against decisions of the Strafkammer.
Special Tasks and Areas of Competence
Strafkammern may be assigned special tasks by internal allocation of business, including:
- Deciding on detention matters during ongoing proceedings,
- Decisions relating to security measures (§ 126a StPO),
- Enforcement of preventive detention.
Appeals Chambers and Complaint Chambers
Certain Strafkammern specifically deal with appeals or complaints (§ 76 GVG). The so-called Small Criminal Chamber, for example, decides on appeals against decisions by criminal judges and lay judge courts at the local court.
Significance of the Strafkammer in the German Legal System
The Strafkammer has a central role in maintaining the rule of law and ensuring a fair, independent criminal process at a higher level. It ensures that serious and societally significant criminal cases are conducted with particular diligence and a sufficiently qualified panel of judges.
Literature and Sources
- Courts Constitution Act (GVG)
- Code of Criminal Procedure (StPO)
- Juvenile Courts Act (JGG)
- Jörg Kleinknecht: Strafprozessordnung, Commentary
- Thomas Fischer: Strafgesetzbuch und Nebengesetze, Commentary
This comprehensive presentation highlights all key aspects of the term Strafkammer (criminal chamber) in German criminal procedure law and provides a detailed overview of the legal foundations, function, areas of jurisdiction, composition, procedures, and significance of the Strafkammern within the court system.
Frequently Asked Questions
Who decides on the composition of a Strafkammer?
The composition of a Strafkammer is determined on the basis of the so-called roster of business allocation (Geschäftsverteilungsplan), which is set at the beginning of each business year by the presidium of the regional court. This plan bindingly specifies which judges, including professional and, if applicable, lay judges, will serve in a particular chamber. The main aim is to ensure the independence of the courts and prevent manipulation when assigning individual judges to particular cases. The roster of business allocation is public and binding for all proceedings of the year, unless there are significant reasons for a change, such as a judge’s prolonged illness or impediment. Proper composition is also particularly important for participants in the proceedings, as improper composition may lead to a judgment being set aside if the right to the lawful judge under Art. 101(1) sentence 2 of the Basic Law has been infringed.
How is the main hearing before a Strafkammer conducted?
The main hearing before a Strafkammer is strictly regulated by the provisions of the Code of Criminal Procedure (StPO) and follows a fixed procedural sequence. It begins with the calling of the case, followed by instruction of the defendant regarding his or her rights and the reading of the indictment by the prosecution. In the ensuing taking of evidence, witnesses and expert witnesses are examined, documents are read out, objects of inspection are examined, and any motions for evidence are discussed. The Strafkammer decides on the admissibility and use of evidence and on procedural motions, such as motions for evidence, motions for exemption, or motions for adjournment. After the conclusion of the taking of evidence, the prosecution and defense present their closing arguments; the defendant has the last word. Afterwards, the chamber withdraws for deliberation and passes judgment by majority decision. The requirements for a proper main hearing are high, since violations can have serious procedural consequences.
What legal remedies are available against decisions of the Strafkammer?
Different legal remedies may be lodged against decisions of a Strafkammer, depending on the type and scope of the decision and the offenses punished. Judgments following the main hearing are generally subject to appeal (Revision), to be submitted to the Federal Court of Justice if the Strafkammer acted as a court of assizes or as a Grand Criminal Chamber at the regional court (§§ 333, 341 StPO). For less serious offenses or certain situations, an appeal to the higher regional court or another regional court may also be available. In addition, orders, such as those relating to custody, can be challenged with immediate complaint (sofortige Beschwerde), and decisions in the pre-trial phase can be challenged with a simple complaint. In revision proceedings, only legal errors in the previous procedure and application of substantive law are reviewed; the facts themselves are generally no longer examined.
Are there procedural differences between the various types of Strafkammern?
Yes, the procedures can differ depending on the type of Strafkammer. For instance, there are special procedural rules for Grand Criminal Chambers, such as in courts of assizes (Schwurgericht), where homicide cases are tried, and the panel is expanded to two professional judges and two lay judges (§ 76 (2) GVG). Special rules may apply in Economic or Juvenile Criminal Chambers regarding jurisdiction and the involvement of experts. The Small Criminal Chamber at the regional courts is responsible at the appellate level for decisions of the local courts and, often unlike the Grand Criminal Chamber, is comprised of only one professional judge and two lay judges. Additionally, certain types of Strafkammern may have unique procedures, such as involving auditors or psychologists, as required by law or at the judge’s discretion.
Who is required to attend the main hearing before the Strafkammer?
Attendance is mandatory for the public prosecutor, the defendant (except where representation by a defense attorney is permitted in specific circumstances), the defense counsel, and all members of the Strafkammer, including professional and lay judges. Witnesses, experts, and interpreters are summoned only for their respective statements or presentations and are not required to be present for the entire hearing. In some cases, a defendant may be excused from attendance for important reasons, but this is to be handled restrictively. The public generally has the right to attend since hearings are public, but exclusions may be ordered pursuant to § 171b GVG, for example, to protect privacy rights.
How is the chairperson of the Strafkammer appointed and what are their duties?
The presiding judge of the Strafkammer is appointed, like the rest of the chamber, by the roster of business allocation of the regional court. Their duties include conducting the main hearing, ensuring orderly and efficient proceedings, and safeguarding the rights of all participants in the process. The chairperson has authority over the courtroom, directs the flow of proceedings (e.g., the order of evidence), decides largely on interruptions or the continuation of the hearing, and is responsible for recording the proceedings. After consulting with the other chamber members, the chairperson generally drafts the written reasons for the judgment and represents the chamber externally, e.g., for press inquiries or administrative matters.
What are the special requirements for the drafting of judgments by the Strafkammer?
The drafting of a judgment by a Strafkammer is subject to the stringent requirements of the Code of Criminal Procedure (§§ 267 et seq. StPO). The judgment must be written within one month of its announcement, signed by all judges who took part in the decision, and then served on the parties. The reasoning must include a description of the established facts, the legal assessment, the considerations relevant to sentencing, and references to any mitigating or aggravating circumstances considered. The justification must be detailed enough to allow review in any potential appellate proceedings. In accelerated proceedings or acquittals, special rules for the reasons may apply.
