Term and Definition of Release from Apprenticeship
Die Release from Apprenticeship is a central term in the German legal system and refers to the formal end of an apprenticeship relationship, during which a trainee is released from the obligations of the apprenticeship after successfully passing the final examination. The term is also known from criminal procedure law and in that context describes the court decision by which a defendant is acquitted of the alleged criminal offense and no guilt is established. This article covers the release from apprenticeship in both major legal contexts: in the field of vocational training as well as in criminal law.
Release from Apprenticeship in Vocational Training Law
Origin and Meaning in Vocational Training
The release from apprenticeship as a legal institution has its roots in the traditional crafts of the Middle Ages, in which apprentices, after completing their training, were formally released in a ceremonial act by their masters (“released”) and admitted to the guild as journeymen. In the modern legal system, the term is primarily used today in connection with the release from the obligations of vocational training after successful completion of training.
Legal Basis
The legal foundations for the release from apprenticeship in the area of vocational training are found in the Vocational Training Act (BBiG), in particular in the provisions regarding the termination and completion of the apprenticeship (§§ 21 ff. BBiG). According to § 21 paragraph 1 BBiG, the apprenticeship ends with the expiration of the training period or prematurely upon passing the final exam.
Process of the Release from Apprenticeship
In the modern context, the release from apprenticeship is primarily a symbolic act. However, the legally relevant moment is the successful completion of the final exam. Upon passing the exam, according to § 21 paragraph 2 BBiG, the apprenticeship ends automatically, with no requirement for a formal release ceremony. The release is particularly celebrated in the crafts sector as a ceremonial handover of the certificate.
Legal Consequences of the Release from Apprenticeship
With the release and the associated end of the apprenticeship, all rights and obligations associated with the apprenticeship contract lapse:
- The former trainee is no longer subject to the instructions of the training company.
- The company is no longer obligated to provide training or pay remuneration.
- The trainee can now work as a journeyman or in the learned profession.
Importance of the Certificate of Release
Issuing a certificate of release is not legally mandatory but can serve as symbolic proof of the successful end of the apprenticeship. Legally decisive, however, are solely the end of the apprenticeship and the issuance of the certificate by the responsible authority, e.g., the Chamber of Commerce and Industry or Chamber of Crafts.
Acquittal in Criminal Law
Definition in Criminal Procedure Law
In the field of criminal law, an acquittal refers to the court decision by which, in criminal proceedings against a defendant, it is established that the defendant must be acquitted of the accusation. It is Criminal Procedure Code (StPO) regulated uniformly nationwide.
Legal Foundations
The relevant statutory provisions are found particularly in §§ 260, 261, and 267 StPO:
- § 260 paragraph 1 StPO stipulates that a judgment must be either a conviction or an acquittal of the defendant.
- § 261 StPO establishes the judge’s freedom in assessment of evidence.
- § 267 StPO prescribes that the judgment must include the reasons that were decisive for the court’s conviction regarding the presence or absence of the criminal offense.
Requirements for Acquittal
A defendant must be acquitted if:
- the factual elements of the alleged offense cannot be proven,
- the offense is not fulfilled,
- a justification or excuse applies,
- or if the proceedings, due to a procedural bar, are not terminated but continued until the judgment is delivered.
In case of doubt, ‘in dubio pro reo’ (when in doubt, for the accused) applies.
Legal Consequences of the Release from Apprenticeship
The legal consequences of an acquittal are far-reaching:
- The accused is considered innocent of the alleged act.
- A renewed prosecution for the same act is excluded (§ 362 StPO, prohibition of double jeopardy).
- In certain cases, the acquitted person may be entitled to compensation for pre-trial detention or other disadvantages suffered (criminal law compensation).
Forms of Acquittal
A distinction is made between a full acquittal (complete exoneration from all allegations) and a partial acquittal (exoneration regarding individual charges). The decision must be substantiated in the judgment, with the reasoning focusing on the establishment of facts and the legal assessment.
Acquittal in Disciplinary and Administrative Proceedings
Significance in Other Areas of Law
Aside from education and criminal law, acquittal is also important in disciplinary proceedings and certain administrative procedures. Here, it refers to the termination of proceedings with the outcome that no unlawful conduct was proven.
Types of Proceedings
The relevant regulations can be found in the respective procedural codes. In many cases, acquittal in a disciplinary context is equivalent to discontinuation of the proceedings due to lack of evidence of a duty breach.
Conclusion and Significance of Acquittal in German Law
Acquittal is a central instrument in German law for terminating apprenticeship relationships and for establishing the innocence of defendants in criminal and disciplinary proceedings. The legal consequences are clearly regulated in the respective laws. While acquittal in vocational training law marks the transition from trainee to fully-fledged member of the workforce, in criminal law it provides protection from renewed prosecution and ensures the right to a fair trial. Thus, acquittal significantly contributes to legal certainty and legal peace.
See also:
- <a href="https://www.gesetze-im-internet.de/bbig_2005/21.html”>Termination of Apprenticeship
- <a href="https://www.gesetze-im-internet.de/stpo/260.html”>§ 260 StPO – Judgment and Acquittal
- Compensation for Criminal Prosecution Measures
Frequently Asked Questions
What legal requirements must be met for an acquittal?
For an acquittal to be legally effective, several statutory requirements must be fulfilled. First, the apprentice must have properly completed the apprenticeship according to the provisions of the Vocational Training Act (§ 21 and § 43 BBiG) and have successfully passed the required final examination. However, acquittal is not the legal reason for the end of the apprenticeship, but rather the formal confirmation of its successful completion. Decisive is the actual announcement of the examination result by the examination board of the responsible chamber (e.g., IHK, HWK). According to § 21 para. 2 BBiG, the apprenticeship ends automatically upon passing of the final examination—the acquittal is thus a ceremonial, but in terms of legal status, only a subordinate act. At the same time, it must be ensured that there are no legal objections to the result or the conduct of the examination procedure, e.g., due to breaches of procedural rules. Only then can the acquittal be formally and legally securely pronounced.
Is an acquittal required by law or just a tradition?
Legally speaking, acquittal is not a mandatory requirement for the end of the apprenticeship. The legal basis for completion is found in § 21 BBiG, according to which the apprenticeship ends automatically when the final examination has been passed. The ceremonial act of acquittal is not a legal obligation, but a traditional, voluntary ceremony mainly carried out in the crafts sector and some other training fields. It serves to publicly acknowledge the successful completion of training but has no legally binding effect on the status of the qualified professional.
What are the legal consequences of acquittal for the apprenticeship relationship?
The acquittal itself does not have any independent legal effects on the apprenticeship relationship. The relevant legal effects, in particular the end of the apprenticeship and the acquisition of professional qualifications, occur by law when the final examination is passed. The acquittal neither changes the existence nor the timing of the end of the apprenticeship, but rather solemnly confirms it. As soon as the certificate is signed and handed over by the relevant chamber, the legal effects are considered to have occurred. Nevertheless, the acquittal may serve as proof of the passed examination if the certificate has not yet been issued.
Can an acquittal be revoked or subsequently declared invalid?
An acquittal already pronounced can subsequently be declared invalid or “revoked” if it is found that improper means were used during the examination procedure (e.g., deception, fraud) or if the examination result is declared invalid after review by the responsible chamber (§ 48 VwVfG – revocation of an unlawful administrative act). In such cases, the chamber may withdraw the certificate, in which case the acquittal would also retroactively lapse since the underlying requirements are not (or no longer) met. Legally, however, the examination procedure and its result are decisive; the acquittal itself does not create rights.
Is participation in the acquittal ceremony mandatory and are there any legal entitlements?
Participation in an acquittal ceremony is generally voluntary and cannot be enforced by the responsible body or the training company. There are no employment law or vocational training law sanctions for trainees who do not attend the ceremony. Nor is there any legal entitlement to the holding or participation in an acquittal ceremony, since—as previously explained—it is not a legal prerequisite for completing the apprenticeship. Rather, it is a voluntary event as part of the apprenticeship culture.
What legal remedies are available against a denied acquittal?
Since the acquittal merely confirms the successful completion of training and does not independently determine the passing of the final examination, legal remedies can only be taken against the result of the final examination as an administrative decision of the chamber—this is generally done in the form of an objection or a claim before the administrative court (§ 68 ff. VwGO). If release is denied to a trainee because he or she has not passed the examination or other legal barriers exist, the examination process can be contested legally. Acquittal then follows automatically in the event of a positive result.
What legal differences exist between acquittal in crafts and in other sectors?
In the crafts sector, the release ceremony is traditionally particularly ceremonial and partly conducted according to guild customs. Legally, however, this creates no difference compared to other sectors, since the completion of training there is also governed by the general provisions of the BBiG. Nevertheless, chambers or guilds may, under their statutes, enact specific rules for conducting release ceremonies. However, these only concern the formal procedure and have no bearing on the core legal questions concerning the apprenticeship, which are governed solely by legislation and examination regulations. Here too, the release from apprenticeship ultimately has only declaratory value.
