Term and Definition of the Strafgedinge
Das Strafgedinge is a historical term from the German-speaking legal sphere, referring to the special court session or judicial assembly that served to punish criminal acts. Especially in the Middle Ages and the early modern period, the Strafgedinge was convened in contrast to the so-called ‘Zivilgedinge’ or ‘Dinggericht’, which dealt with civil law matters. Today, the term is used almost exclusively in legal history research but is of central importance for understanding the development of criminal procedure law.
Historical Development of the Strafgedinge
Origin in Medieval Law
The Strafgedinge finds its origin in the assemblies of early medieval tribal courts (Ding) within the Germanic legal order. Originally, the Ding was a general judicial and popular assembly that handled both public law and civil law matters. As jurisdictions became more differentiated and specialized, the Strafgedinge developed as a separate gathering reserved exclusively for the adjudication and prosecution of criminal acts.
Distinction from Other Court Sessions
The Strafgedinge differed from other court sessions such as the Landgeding or civil sessions in its exclusive jurisdiction over criminal offenses. While other court days decided on property disputes, neighborhood issues, or inheritance law conflicts, the focus at the Strafgedinge was on the prosecution of criminal acts (e.g., theft, robbery, homicide). Sometimes, the Strafgedinge was also referred to as the High Court, especially when it dealt with capital crimes and the most serious offenses.
Development during the Landfrieden Movements
With the emergence of the Landfrieden (peacekeeping) movements and the enforcement of sovereign rights, Strafgedinge gained considerably in importance. The convening of these court sessions served not only to punish individual crimes but also to deter wrongdoers and ensure public order. Especially in the context of ‘Peinliche Gerichtsbarkeit’ (criminal justice), the Strafgedinge played a central role.
Typical Structure and Procedure of a Strafgedinge
Composition of the Court
The Strafgedinge was usually presided over by the territorial lord or a judge appointed by him. The court was supplemented by lay judges (Schöffen), who served as both adjudicators and advisors. The number of lay judges varied depending on region and period.
Procedure and Conduct of Hearings
The procedure before the Strafgedinge in many parts of the German-speaking world was characterized by oral proceedings and the principle of public hearings. The accused were summoned before the Strafgedinge either upon complaint (accusation) or ex officio. The procedure included hearing the parties, witness testimonies, possibly an oath or trial by ordeal (Ordal), and the final judgment by the judicial panel.
In practice, proceedings were often highly formalized, especially in cases involving serious crime. With the reception of the Roman-canonical inquisitorial procedure in the late Middle Ages, the Strafgedinge increasingly adopted written records, systematic investigations, and evidentiary processes.
Sanctions and Legal Consequences
The sanctions imposed by the Strafgedinge depended on the severity of the offenses and ranged from fines (Buße, Wehrgeld) and corporal punishment up to the death penalty (“Halsgerichtsbarkeit”). Especially in the case of capital crimes, the Strafgedinge was often the only competent body, as it alone held so-called ‘high jurisdiction’.
Legal Sources and Regulations on the Strafgedinge
Scope and Significance in Legal History
The legal foundations for the Strafgedinge varied greatly in the Old Empire. They often derived from territorial law, municipal law, customary law, individual legal pronouncements, or special court regulations. In certain regions, statutes were created that governed in detail the procedure, jurisdiction, and competencies of the Strafgedinge.
Influences by Reception and Codification
With the reception of Roman-canonical law and the increasing codification in the 15th and 16th centuries (for example, via the Carolina of 1532, Constitutio Criminalis Carolina), the function of the Strafgedinge fundamentally changed. They were gradually replaced by modern organized criminal courts, although some procedural elements remained.
Significance of the Strafgedinge for the Development of Criminal Procedure Law
The Strafgedinge occupies a key position in the historical development of Central European criminal procedure law. It marks the gradual separation of civil and criminal jurisdiction and stands for the institutionalization of an independent method for prosecuting and punishing crimes. Many principles of today’s criminal procedure law, especially public hearings and judgment by a pluralistic panel, can be traced back to the organizational forms of the medieval Strafgedinge.
Final Assessment
The Strafgedinge represents a fundamental building block in the development of European judicial and criminal systems. With the transition to early modern territorial states and the establishment of modern court structures, the term has lost practical relevance but remains highly significant for understanding the historical origins and systematics of criminal procedural law.
Literature and Sources:
- Carl Adolf von Scheurl: Beiträge zur Geschichte des deutschen Strafrechts. Hildesheim 1970
- Heinrich Brunner: Deutsche Rechtsgeschichte. Munich 1999
- Constitutio Criminalis Carolina (1532)
- Medieval Legal Pronouncements and Municipal Law
This article provides a comprehensive overview of the historical Strafgedinge, its legal sources, procedures, significance, and development in the German legal sphere.
Frequently Asked Questions
When is a Strafgeding required?
A Strafgeding is required whenever a crime is at least suspected and the investigative authorities must initiate formal proceedings. Under the German Code of Criminal Procedure, the Strafgeding serves to open the legal process for prosecuting criminal conduct. Such proceedings can be initiated ex officio by the public prosecutor’s office or through private prosecution. They include the commencement of investigations, the bringing of charges, and conducting the main hearing before the competent court. The Strafgeding ensures the application of procedural rights and obligations, such as the right to defense, access to files, and the prohibition of double jeopardy. In addition, for certain offenses, especially official offenses, a Strafgeding is mandatory, whereas for pure application offenses, it first requires an application by the victim.
What procedural rights do the parties have in a Strafgeding?
In the Strafgeding, all parties to the proceedings are guaranteed numerous rights. The accused is entitled to be heard, to access the case files, and to legal counsel. Additionally, the right to remain silent applies; no one must incriminate themselves. Victims of a crime can participate as private plaintiffs, also request access to the files, and file their own motions. The prosecution is obliged to objectivity and must investigate both incriminating and exculpatory circumstances. The court must remain impartial and is responsible for thorough fact-finding. In addition, it is possible to appeal court decisions, such as by lodging an appeal or revision. Special provisions exist for witnesses, who may invoke certain rights to refuse to testify, for example, if at risk of self-incrimination.
How does the Strafgeding procedure work?
The Strafgeding procedure generally begins with a criminal complaint or application, after which the public prosecutor’s office initiates investigations. Once these investigations are complete, it is decided whether to bring charges, discontinue the proceedings, or whether further investigations are necessary. If charges are brought, the court reviews their admissibility and, if appropriate, schedules the main hearing. In the main hearing, evidence is taken, witnesses and experts are heard, and the parties are examined. After completion of the evidence-taking, the prosecution, the defense, and the accused make their closing statements. The court then pronounces the verdict, which can itself be challenged by means of appeal. Every step is subject to strict legal requirements under the Code of Criminal Procedure.
What decisions can the court make in the context of a Strafgeding?
In a Strafgeding, the court can make a variety of decisions. This ranges from commencing the main proceedings, ordering provisional measures such as pre-trial detention, to making decisions during the main hearing itself. After the evidence phase, the judgment is delivered, which may result in an acquittal, conviction to a sentence, or the imposition of a measure for rehabilitation and security. In addition, proceedings may be discontinued, interim decisions regarding evidence requests, or adjournments of the hearing may occur. Following conviction, the court also rules on ancillary consequences, such as confiscation of instruments of the crime or imposition of a driving ban. In all cases, judicial decisions must be legally reasoned and subject to review by appeal.
What distinguishes a Strafgeding from other court proceedings?
The Strafgeding differs from other proceedings, such as civil or administrative processes, through its focus on criminal offenses and the enforcement of the state’s right to punish. While civil proceedings resolve rights and claims between private individuals, the Strafgeding concerns the prosecution of unlawful conduct against the public. The investigation is usually conducted ex officio by the public prosecutor, and the parties have specific criminal procedural rights and obligations. Special principles apply, such as the presumption of innocence, the legality principle, and the possibility of ordering coercive measures such as searches and arrests.
Under what circumstances can a Strafgeding be discontinued?
A Strafgeding can be discontinued for various formal and substantive reasons. Formally, discontinuation is possible if, for example, there is insufficient suspicion, the accused has already been acquitted with final effect for the same act, or the proceedings would be disproportionate (opportunity principle). This may occur with or without imposed conditions, for example in minor cases under § 153 StPO. Substantively, discontinuation often occurs due to insufficient evidence, procedural obstacles (such as statute of limitations), or if there is no public interest in prosecution. The decision is made by the public prosecutor during the investigation phase, and by the court during the main proceedings, always in accordance with the legal requirements of criminal procedure.
What role does the defense attorney play in the Strafgeding?
The defense attorney plays a central role in the Strafgeding: He safeguards the rights of the accused, ensures compliance with all procedural rules, and provides the best possible defense both in fact and in law. The defense attorney is responsible for filing evidentiary motions, requesting access to files, applying for proceedings to be discontinued, or raising possible procedural errors. In the main proceedings, the attorney presents the closing arguments and may file appeals against decisions. In specific cases, particularly in cases of serious charges or actual deprivation of liberty, appointment of a public defender is required by law to guarantee a fair trial. The defense attorney is also strictly obligated to maintain confidentiality in the advice of their client.
