Definition and legal classification of the criminal judge
Der Criminal judge is a judge who decides criminal matters in the context of judicial criminal proceedings. He is part of the ordinary jurisdiction and plays a significant role in the administration of criminal justice. The term “criminal judge” refers both to the function within various judicial instances and to the actual person who acts as a single judge, lay judge panel, or as a member of a criminal senate. The appointment and duties of criminal judges are governed in detail by various procedural codes, particularly the Code of Criminal Procedure (StPO) and the Courts Constitution Act (GVG).
Jurisdiction and duties of the criminal judge
Role and legal foundations
The criminal judge’s duty is to impartially and objectively decide on the guilt and punishment of a defendant within a criminal proceeding. The legal framework for the criminal judge’s tasks is set by the provisions of the GVG as well as the StPO. The criminal judge’s jurisdiction is primarily derived from the numerus clausus in § 25 GVG in conjunction with §§ 24 ff. StPO, which stipulate when cases are to be heard by a single judge, lay judge panel, or other judicial panels in criminal courts.
Types of criminal judges by type of proceedings
- Criminal judge at the Local Court (§ 25 GVG): Decides as a single judge at the Local Court on criminal offenses of minor to moderate severity, for which no sentence greater than imprisonment of a maximum of two years is to be expected.
- Lay judge panel: Consists of one professional judge and two lay judges; responsible for moderately serious offenses punishable by imprisonment of more than two years up to four years.
- Criminal chamber at the Regional Court: Here, multiple professional judges decide, possibly together with lay judges, especially in cases of felonies and serious offenses.
- Senates at the Higher Regional Court and the Federal Court of Justice: Deal with appeals and complaints in certain serious cases.
Single judge and lay judge panel
The distinction between single judge and lay judge panel is central to understanding the allocation of responsibilities within the criminal judiciary. While the criminal judge at the Local Court acts as a single judge, the lay judge panel is formed as a collegiate body, with the term “criminal judge” often specifically referring to the single judge at the Local Court.
The criminal judge at the Local Court
Pursuant to § 25 GVG, the criminal judge at the Local Court is responsible for deciding simple to moderately serious criminal matters. The subject-matter jurisdiction includes offenses for which imprisonment of up to two years is to be expected. If higher sentences are threatened, a lay judge panel or the Regional Court has first-instance jurisdiction. Cases that are particularly straightforward are often decided in writing (penal order) pursuant to § 407 StPO without a main hearing.
Lay judge panel and other panels
The lay judge panel consists of one professional judge (the criminal judge) and two honorary judges. Duties and jurisdiction are regulated in § 28 GVG. In addition, there are special jurisdictions, for example for juvenile judges or in cases of economic crimes, which are dealt with by economic criminal chambers.
Duties and competencies of the criminal judge
The criminal judge is bound by law and statute and is obliged to neutrality and independence (cf. § 1 GVG). His essential tasks include:
- Conducting the main hearing in accordance with the StPO
- Taking and evaluating evidence
- Issuing penal orders (§ 407 StPO)
- Pronouncement of judgments, rulings, as well as interim and final decisions
- Issuing arrest warrants and probationary decisions
In addition, he is responsible for numerous decisions in the preliminary proceedings (e.g., termination under § 153 StPO, opening order under § 203 StPO).
Independence and impartiality
Judicial independence is governed by Art. 97 Basic Law and the corresponding statutory provisions. This independence forms the cornerstone of the administration of justice and shields the criminal judge from improper influences.
Proceedings and process before the criminal judge
Proceedings before the criminal judge generally follow the rules of the StPO. They begin either through public charges by the public prosecutor (§ 170 para. 1 StPO) or by penal order (§ 406 ff. StPO). After the main proceedings are opened, the main hearing follows, in which the criminal judge independently manages all essential procedural stages – from the reading of the charges to the taking of evidence, and finally, to the judgment.
Pronouncement of judgment and legal consequences
After the taking of evidence, the criminal judge decides on guilt and sentence. Upon conviction, he may impose the following sanctions:
- Fines
- Imprisonment of up to two years (generally eligible for suspension on probation, cf. § 56 StGB)
- Supplementary penalties and consequences such as license suspension (§ 44 StGB) or confiscation
In the event of acquittal or dismissal, he is also responsible for determining the costs.
Remedies against decisions of the criminal judge
There are various remedies against judgments and orders of the criminal judge. Appeals against first-instance decisions of the Local Court must be brought before the Regional Court (§ 312 StPO). Beyond that, certain decisions may be challenged by complaint and, under certain conditions, by revision.
Special forms: Juvenile judge and further specializations
In addition to the general form, the juvenile judge exists, who decides according to the Juvenile Courts Act (JGG). The specifics arise from the goal of education and the special sanctions for juveniles (§ 1 para. 2 JGG).
Education, selection, and appointment of the criminal judge
After completing their studies and legal clerkship as well as passing the second state examination, criminal judges are appointed as probationary judges by the respective Ministry of Justice, and after successful probation are appointed as judges for life. The assignment as a criminal judge is governed by personnel law, organizational, and statutory requirements.
Summary
The criminal judge is an essential part of criminal justice and performs a variety of duties in criminal proceedings at Local Courts, sometimes as a single judge, sometimes as part of a collegiate body. His work is characterized by strict adherence to law and statute, independence, and impartiality. The legal framework determines jurisdiction, duties, and procedures at all levels. Thanks to his key position, the criminal judge ensures transparency, rule of law, and fairness in criminal proceedings.
Frequently asked questions
In which proceedings does the criminal judge have jurisdiction?
The criminal judge acts as a single judge at the Local Court and is, pursuant to § 25 GVG, generally responsible for lesser offenses. This particularly includes misdemeanors for which no imprisonment greater than two years is to be expected and where none of the cases requiring mandatory defense under § 140 StPO applies. The jurisdiction of the criminal judge also covers proceedings initiated by penal order or by public prosecutor indictment. Exceptions apply if special rules, such as juvenile criminal law, are relevant or the case is referred to the lay judge panel. In cases of doubt, the criminal judge reviews his own jurisdiction and may transfer the case to the competent court.
What are the duties of the criminal judge in the main hearing?
In the main hearing, the criminal judge must ensure complete clarification of the facts. He conducts the trial alone and decides on the taking of evidence as well as on the motions of the parties involved. His specific tasks include instructing the accused, ordering and examining witnesses and experts, ruling on the admissibility of questions and evidentiary motions, and ensuring a fair trial in accordance with the principles of criminal procedure law. After the conclusion of the taking of evidence, the criminal judge pronounces the judgment and ensures its finality and proper reasoning.
What penalties can the criminal judge impose?
The criminal judge is limited by § 25 GVG to imposing imprisonment up to two years. He may impose imprisonment, possibly suspend the sentence on probation, impose fines, or order supplementary penalties and consequences (e.g., license suspension). The range of possible penalties depends on the seriousness of the charge and the relevant penal statutes. If the anticipated penalty exceeds the jurisdictional limit or if, during the proceedings, new facts justify a higher sentence, the criminal judge must refer the case to the lay judge panel.
How does the penal order procedure before the criminal judge work?
The penal order procedure is an expedited form of criminal proceedings, typically used for minor offenses and conducted without a main hearing. Upon motion by the public prosecutor, the criminal judge can issue a penal order imposing a fine, imprisonment up to one year (on probation), or supplementary consequences. The accused receives the penal order and has the opportunity to object within two weeks. If no objection is filed, the penal order becomes final and enforceable; otherwise, a regular main hearing is held before the criminal judge.
What remedies are available against decisions of the criminal judge?
Against judgments rendered at first instance by the criminal judge, those affected generally have the right to appeal to the Regional Court. For penal orders, after an objection, a review in the main proceedings—again before the criminal judge—is possible. For purely procedural decisions (orders and directives by the criminal judge), in narrowly defined statutory cases, a remedy by complaint or further complaint may be authorized. The training and application of remedies are governed by the provisions of the Code of Criminal Procedure and the relevant statutes, especially §§ 312 ff. StPO.
What are the duties of the criminal judge in the preliminary investigation?
Already in the investigative stage, the criminal judge—then called the investigating judge—plays a significant role. Upon motion by the public prosecutor, the criminal judge examines and decides, for example, on issuing pretrial detention orders, search warrants, seizure orders, and other investigative measures requiring a judicial order. His duty is to verify the legal requirements and uphold proportionality as well as the fundamental rights of those affected. Thereby the criminal judge serves as a control authority over investigating authorities and ensures legal safeguards in the proceeding.
