Concept and Function of the Criminal Senate
The term ‘Criminal Senate’ refers to a panel within a court that is appointed to decide criminal cases. Criminal Senates exist both at the Federal Court of Justice (BGH) and at the Higher Regional Courts (OLG) in Germany. Their composition, jurisdiction, as well as tasks and working methods are defined in various statutory provisions, particularly in the Code of Criminal Procedure (StPO) and the Courts Constitution Act (GVG). The rule of law significance of the Criminal Senates lies in ensuring a properly structured, appropriate, and independent decision-making process concerning criminal matters at the respective levels of jurisdiction.
Legal Basis and Statutory Anchoring
Criminal Senates at the Federal Court of Justice (BGH)
Several Criminal Senates are established at the Federal Court of Justice to decide on appeals and legal complaints in criminal matters. The legal foundations are provided in particular by the Courts Constitution Act (GVG) and the StPO.
Composition
A Criminal Senate of the Federal Court of Justice consists of five members: one presiding judge and four associate judges, who are usually three professional judges and two lay judges (Schöffen). As a rule, all members are professional judges, whereby the exact number and composition is determined by the court’s schedule of responsibilities.
Jurisdiction
The jurisdiction of the respective Criminal Senates is regulated by the schedule of responsibilities, which allocates the federal states and specific types of offences to each Senate. The Criminal Senates of the BGH primarily decide on appeals against judgments of the Higher Regional Courts and Regional Courts in particularly serious cases.
Rules of Procedure
The working method of the Criminal Senates is determined by the StPO, especially the provisions on appeals (§§ 333 et seq. StPO) and complaints (§§ 304 et seq. StPO). The Senate examines exclusively the legal aspects of the contested decision (so-called appellate instance).
Criminal Senates at the Higher Regional Courts (OLG)
The Higher Regional Courts also have Criminal Senates for criminal matters. Their legal basis is found in §§ 119 et seq. GVG.
Tasks
The Criminal Senates of the Higher Regional Courts primarily decide in the appellate instance on complaints (e.g., detention or seizure complaints) and appeals against judgments of Local Courts, provided these were decided at first instance. The Criminal Senates of the Higher Regional Courts also play a prominent role in state security matters (§ 120 GVG).
Panel Composition
The composition is based on § 122 GVG. A Criminal Senate at the Higher Regional Court generally consists of three to five members, who are usually professional judges.
Difference from Other Panels
Civil Senates
In contrast to Criminal Senates, courts also have Civil Senates, which are responsible for civil and family matters. While the Civil Senates primarily deal with private law disputes, the domain of the Criminal Senates is public criminal law.
Working Method and Decision-Making
Procedural Conduct
The Criminal Senates operate according to the requirements of the StPO and the internal rules of their respective court. Their main task is the review and decision on legal remedies against judgments rendered at first instance.
Deliberation and Voting
After deliberation, a judgment is rendered based on the majority principle (§ 197 GVG). The decision-making process of the Criminal Senates is non-public; the grounds of the judgment are drafted in writing and served on the parties to the proceedings.
Significance in the German Legal System
Criminal Senates represent a central element of the rule-of-law oversight regarding criminal court decisions. Through their review and correction of judgments, they ensure consistency and development of case law and protect against miscarriages of justice. Particularly, decisions of the Federal Court of Justice in criminal matters are of fundamental importance for the interpretation and further development of German criminal law.
Literature and Further Information
- Code of Criminal Procedure (StPO)
- Courts Constitution Act (GVG)
- Rules of Procedure for the Federal Court of Justice (GOBGH)
- Rules of Procedure for the Higher Regional Courts
Summary: The Criminal Senate is a judicial panel at the Federal Court of Justice and the Higher Regional Courts responsible for deciding appeals in criminal matters. Composition, jurisdiction, and proceedings are regulated in the GVG and the StPO. The Criminal Senates ensure the rule-of-law oversight and harmonization of criminal jurisprudence in Germany.
Frequently Asked Questions
What tasks are performed by a Criminal Senate?
Within the judiciary, the Criminal Senate is a decision-making body staffed with several professional judges, primarily responsible for the assessment and decision of legal remedies in criminal matters, such as appeals and revisions. The tasks of a Criminal Senate mainly include reviewing first-instance judgments and orders for legal errors, making independent decisions in state security matters, issuing detention or placement orders, and in particular cases, disciplinary proceedings against members of the judiciary. Furthermore, the Criminal Senate is responsible for deciding on complaints against measures by the judiciary, such as pre-trial detention or seizures, as well as applications in enforcement proceedings. In this way, the Senates constitute an essential component of the legally structured oversight of judicial decisions in criminal law and contribute to uniform jurisprudence.
Who are the members of a Criminal Senate and how is its composition determined?
The composition of a Criminal Senate generally follows the provisions of the Courts Constitution Act (GVG) and other procedural rules, such as the Code of Criminal Procedure (StPO). A Criminal Senate typically consists of three or five professional judges, with one member acting as chair. The exact number of members varies depending on the instance and type of case to be decided. The proper composition and assignment of responsibilities of the Senate are established at the beginning of the judicial year in the schedule of responsibilities in order to ensure impartiality and neutrality. Lay judges do not usually participate in the Criminal Senate at higher instances; their use is mainly restricted to the first instance.
In which courts do Criminal Senates exist and how do their jurisdictions differ?
Criminal Senates exist in German law particularly at the Higher Regional Courts (OLG) and the Federal Court of Justice (BGH). While the Criminal Senates of the Higher Regional Courts, for example, decide on revisions and complaints against judgments of the Regional Courts and on specific state security cases, the Federal Court of Justice as the highest German criminal court is responsible for revisions against judgments of the Higher Regional Courts and some Regional Courts. The jurisdiction of a Criminal Senate arises from the type of procedure, admissibility of appeal, and the court hierarchy. Frequently, special responsibilities are also established, such as for certain criminal offences such as political crimes or significant white-collar crime.
What types of decisions can a Criminal Senate make?
A Criminal Senate is empowered to make various decisions within the system of criminal justice review. These include judgments on revisions, complaints, or appeals, as well as interim decisions such as termination or suspension orders. The decisions can be made either without oral hearing in what is known as proceedings by order or after oral hearing as a judgment. In certain cases, the Senate also has the competence to issue precedent-setting rulings with supra-regional effect, particularly at the Federal Court of Justice. The form of decision depends on the type of remedy and the procedural provisions of the StPO.
How are the decisions of a Criminal Senate reasoned and what legal force do they have?
The decisions of a Criminal Senate must always be given in writing. The reasoning must contain the essential legal and factual considerations on which the decision is based. In the case of appeal or complaint decisions, in particular the alleged procedural and legal errors are systematically examined and assessed. Decisions of a Criminal Senate generally have binding effect for the parties involved and, in the case of highest court judgments, often also serve as guidance for lower courts. Final decisions can only be reviewed again under narrow statutory conditions, for example in retrial proceedings.
What legal remedies are available against decisions of a Criminal Senate?
Depending on the instance and type of decision, various legal remedies can be lodged against decisions of a Criminal Senate. For decisions of the Higher Regional Courts, there is often the possibility to file a revision with the Federal Court of Justice, provided certain conditions are met regarding the amount in dispute or the legal issue. Orders may, if applicable, be contested with what is known as a legal complaint or a further complaint. For decisions of the Federal Court of Justice, legal remedy is regularly excluded due to its status as the highest instance; however, in exceptional cases, a constitutional complaint to the Federal Constitutional Court may be considered if fundamental rights have been violated by the decision.
