Definition and significance of criminal jurisdiction
Die Criminal Jurisdiction refers in the legal system to the entirety of sovereign activities and powers exercised by the state through its courts for the prosecution of criminal offenses. It is a sub-area of the judiciary and of considerable societal and constitutional significance, since it serves the enforcement of the state’s right to punish and thus secures public order and legal peace.
Fundamentals and Distinction of Criminal Jurisdiction
Distinction from other jurisdictions
In the German legal system, criminal jurisdiction is an independent branch of state judicial power, alongside civil, administrative, social, and fiscal jurisdiction. In contrast to civil jurisdiction, which deals with disputes between private parties, criminal jurisdiction prosecutes conduct that is expressly prohibited by criminal law and to which the state responds repressively.
Legal sources
The fundamental rules governing criminal jurisdiction are primarily found in the Basic Law (Articles 92–104 GG), the Courts Constitution Act (GVG), and the Code of Criminal Procedure (StPO). Substantive criminal law, especially the Criminal Code (StGB), and numerous supplementary laws (e.g. the Narcotics Act, Road Traffic Act) provide the statutory elements of offences on the basis of which the criminal courts act.
Organization of criminal jurisdiction in Germany
Hierarchy of instances and structure
Criminal jurisdiction in Germany is organized into several instances:
Local Courts
Local courts initiate prosecution for minor criminal cases. They are responsible for criminal offenses for which no severe penalties are expected or no particularly complex facts are involved. Individual judges at the local court decide as criminal judges or, in small panels with lay judges, as a Schöffengericht.
Regional Courts
Regional courts become involved when more serious crimes are at issue, or when the expected sentence is of greater significance. They decide with a larger panel of judges, sometimes with or without lay judges, and also act as the appellate instance for judgments of the local courts.
Higher Regional Courts
Higher Regional Courts have first-instance jurisdiction in certain special cases (e.g. offences against state security) and act as appellate or review courts over regional courts.
Federal Court of Justice
The Federal Court of Justice (BGH) forms the highest instance of criminal jurisdiction at the federal level and is responsible for reviews of decisions made by higher regional courts and regional courts. Its judgments are fundamentally important for the lower courts and have a precedential effect.
Special criminal courts
Special criminal courts include juvenile courts, which are responsible under the Juvenile Court Act (JGG) for juvenile and young adult offenders, as well as specific panels at the Federal Court of Justice or Higher Regional Courts for offences against state security and other special crimes.
Subject-matter and local jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction determines which court in the chain of appeal is responsible as the first instance in a specific criminal case. This depends on the range of punishment involved, the seriousness of the allegation, and whether there are particular features, such as state security offences.
Local jurisdiction
Local jurisdiction determines in which place the proceedings will be conducted. Relevant factors are usually the place where the crime was committed, the residence of the defendant, or the place of arrest. Local jurisdiction is regulated in the Code of Criminal Procedure (§§ 7-21 StPO) and serves to simplify proceedings and protect the defendant.
Constitutional foundations of criminal jurisdiction
Principle of separation of powers
Criminal jurisdiction is a central element of the separation of powers. According to Article 92 of the Basic Law, judicial authority is exercised by independent judges. This ensures the independence of the courts and guarantees objective, law-based decisions in criminal matters.
Statutory judge and procedural safeguards
The Basic Law guarantees every defendant the right to be judged by the lawful judge (Art. 101 para. 1 GG). In addition, there are extensive procedural safeguards, such as the right to be heard, the right to a fair trial, the prohibition of double jeopardy, and the presumption of innocence.
International aspects of criminal jurisdiction
European and international criminal jurisdiction
In addition to national criminal jurisdiction, there are international institutions such as the International Criminal Court (ICC) or international ad hoc tribunals. These are responsible for prosecuting and punishing the most serious violations of international law and intervene only in special circumstances, for example when national bodies fail.
Recognition of foreign criminal judgments
German law also governs the recognition and enforcement of foreign criminal judgments and international cooperation in the field of criminal justice, especially through extradition law and various mutual legal assistance agreements.
Distinction: criminal prosecution, enforcement, and penal system
Criminal jurisdiction must be strictly separated from criminal prosecution by investigative authorities (the public prosecutor’s office) and from the enforcement of sentences (execution of final sentences by penal authorities). The criminal courts are solely responsible for the legal examination and decision on criminal liability and sentencing. After conclusion of court proceedings, implementation of the judgment is carried out by the competent enforcement bodies.
Significance and function of criminal jurisdiction
Criminal jurisdiction serves to protect the legal order and enforce the state’s right to punish. It maintains the balance between protecting the general public and the rights of the individual. Through legally certain decisions, it contributes to the preservation of legal peace, protection from state arbitrariness, as well as rehabilitation and the special and general preventive effects of criminal law.
Literature and further sources
- Courts Constitution Act
- Criminal Code
- Code of Criminal Procedure
- Basic Law for the Federal Republic of Germany
- European Convention on Mutual Assistance in Criminal Matters
- Convention on the International Criminal Court
Note: This article serves as comprehensive information on the concept of criminal jurisdiction and examines the topic from all relevant legal perspectives.
Frequently Asked Questions
How does a criminal trial before a criminal court proceed?
A criminal trial before a criminal court consists of several legally regulated procedural stages. It usually begins with a preliminary investigation conducted by the public prosecutor’s office and investigative authorities, whose purpose is to clarify the suspicion and secure evidence. After the investigation, the proceedings may be discontinued or charges brought. With the commencement of the main proceedings, the court first reviews whether the indictment is admissible. The subsequent trial involves the taking of evidence: witnesses are questioned, experts heard, and documents examined. After the taking of evidence concludes, the defendant and the public prosecutor have the right to present their closing arguments and final statements (closing speeches). Finally, the court announces its judgment, which may be an acquittal or conviction. There are legal remedies against the judgment, such as appeal or revision, which may lead to further proceedings.
What is the role of the public prosecutor’s office in criminal jurisdiction?
The public prosecutor’s office is referred to as the “master of the investigation” and has significant influence on criminal proceedings. It is obliged to investigate both incriminating and exonerating circumstances and to carefully examine the legal conditions for prosecution. During investigations, it conducts actions such as searches, seizures, or arrests. After investigations are complete, it decides whether to bring charges, discontinue the proceedings, or request a penal order. During the main hearing, the public prosecutor’s office is responsible for presenting the indictment in court, submitting motions for evidence, and ultimately requesting an acquittal or conviction. The public prosecutor’s office is required to act objectively, and its actions are subject to judicial oversight.
What are the differences between local, regional, and higher regional courts in criminal matters?
The jurisdiction of the courts essentially depends on the seriousness of the offense and the expected sentence. The local court is generally responsible for less serious crimes where a sentence of no more than four years of imprisonment is expected or a higher sentence is legally excluded. The regional court has original jurisdiction over more serious offenses, such as especially serious sexual or violent crimes, or those with a minimum sentence exceeding four years. Higher regional courts usually do not act as courts of first instance in criminal matters, but are primarily responsible for legal remedies (appeals, reviews) or specific state security offences. The composition of the courts is also different: while decisions at the local court are made by a criminal judge or a Schöffengericht, proceedings at the regional court are conducted by panels with several professional and, if applicable, lay judges. At the higher regional court, decisions are always made by multiple professional judges.
What are legal remedies and how do they affect criminal proceedings?
Legal remedies are statutory means of reviewing judicial decisions. The most important legal remedies in criminal proceedings are appeal and revision. Appeals are permitted against judgments of the local court and lead to a comprehensive review of the judgment in both fact and law by the regional court. Review (revision), on the other hand, examines the decision exclusively for legal errors and is conducted before higher instances (regional court or Federal Court of Justice). During legal remedy proceedings, the judgment may not yet be final, depending on the type of remedy invoked. As long as the decision is not final, the defendant continues to be considered not convicted (presumption of innocence).
What rights and obligations does a defendant have in criminal proceedings?
A defendant enjoys numerous rights in criminal proceedings, anchored in the Basic Law and the Code of Criminal Procedure. These include in particular the right to be heard, the right to a defense (including by a Rechtsanwalt), the right to remain silent, and the right to submit motions for evidence. The defendant is not obliged to respond to the allegations and may lie without making himself criminally liable. There is generally no obligation to cooperate in the criminal procedure. Obligations usually arise from summonses to appear in court and the obligation to comply with imposed conditions or orders. If these obligations are violated, coercive measures or substitute actions may ensue.
What is the importance of the principle of public proceedings in criminal trials?
The principle of public proceedings is an essential element of the criminal process and ensures transparency and monitoring of the state’s power to punish. Court hearings are generally public, meaning anyone may attend as a spectator. The public can only be excluded in cases strictly governed by law—for example, to protect juveniles, victims, or for reasons of state security. The public plays important roles: it ensures that the proceedings are comprehensible and reviewable, protects defendants from state arbitrariness, and fosters public trust in the judiciary.
What is a private accessory prosecution (Nebenklage) and under what conditions is it possible?
The Nebenklage is an instrument in criminal proceedings that allows certain victims or their relatives to participate in the proceedings and exercise their own procedural rights. Accessory prosecutors may ask questions during the trial, submit motions for evidence, file legal remedies, and gain access to the case files. The Nebenklage is particularly available for serious offenses against life, sexual self-determination, physical integrity, or personal freedom. An application for admission to accessory prosecution must be filed; details and requirements are governed by §§ 395 et seq. StPO. The Nebenklage further strengthens the interests of victims in criminal proceedings.
