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50-629: The Hanseatisches Oberlandesgericht ( Hanseatic Higher Regional Court , abbreviated HansOLG or OLG Hamburg , officially without a suffix "Hamburg") is the Higher Regional Court (OLG) of the Free and Hanseatic City of Hamburg , Germany , and thus part of the Hamburg ordinary jurisdiction. It is located at the square of Sievekingplatz in the St. Pauli quarter. The square is named after

100-415: A common corps in that they are recruited through a common process and their career is governed largely by federal law. However, most judges are state ( Länder ) civil servants and follow state rules on legal education, appointment, and promotion. As a rule, each decision on the initial employment, vesting with lifetime tenure or promotion of a judge is taken by the department of justice. Yet in some of

150-408: A distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter

200-592: A much lesser extent the Napoleonic Code . German law is not impregnated with legal positivism to the extent of Napoleonic legal systems, so Germany's judiciary is not subordinated to the legislature; the Basic Law directly invests supreme judicial power in the Constitutional Court as well as other federal courts and the courts of each Länder, and case law has greater importance, though not to

250-535: A new term begins. Welfare institutions, sports clubs, financial and health insurance institutions, trade unions, industrial companies and other public authorities are sometimes called upon to nominate candidates. Except for most crimes for which the trier of fact is a single professional judge and serious political crimes which are tried before a panel of professional judges, all charges are tried before mixed tribunals on which lay judges sit alongside professional judges. The German Code of Criminal Procedure requires

300-526: A person is convicted of a crime, they can be put on a probationary sentence where they do not have to go to prison if "the person sentenced should demonstrate that being sentenced was itself sufficient warning that he will not commit any further crimes". Despite having to be put under "supervision of a probation officer", the person is able to avoid the negative aspects of prison such as being "torn away from his previous life, work, and social contracts". Sentences of six months or less are automatically suspended by

350-476: A political compromise. Public discussion about candidates is very unusual. Lay judges (Schöffen) are ordinary members of the public selected for this role by a special committee, at the suggestion of a municipal council , for a five-year term. Lay judges must be German citizens who have neither been convicted of nor are under investigation for any serious crime. In addition, certain groups of individuals shall not be chosen as lay judges, such as people under

400-675: A state of emergency under Article 48 (of the Weimar Constitution ), and about one month before the trial of Adolf Hitler February 1924 for the Beer Hall Putsch of November 1923, the Emminger Reform (a Notverordnung , or emergency decree) was passed in January 1924 abolishing juries and replacing them with the mixed system of judges and lay judges that is still used today. Germany's legal system

450-489: A suspended sentence after serving at least fifteen years. Just like any other probation sentence, if the offender breaks their probation or commits another crime, they can have their freedom revoked and be sent back to prison. Selection of lay judges has been described as a "highly political and discriminatory process". It has been argued that personal acquaintance, political affiliation and occupation have all historically played an important, if publicly unacknowledged, role in

500-457: A two-thirds majority for most decisions unfavorable to the defendant; denial of probation by simple majority is an important exception. In most cases, lay judges do not have access to the case file. The lay judges needed to staff the various tribunals are selected by a selection committee from lists that are passed by the municipal councils ( Gemeinderat  [ de ] ) with a two-thirds majority of attending local councillors. Given

550-613: Is judicial review , and it may declare any federal or state legislation unconstitutional , thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, like the Supreme Court of the United States ; yet the Court possesses a number of additional powers, and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts ,

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600-785: Is a civilian system whose highest source of law is the 1949 Basic Law for the Federal Republic of Germany (which serves as the nation's constitution), which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates (1) public law ( öffentliches Recht ), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law , and (2) private law ( Privatrecht ). German law—especially private law—is mainly based on early Byzantine law , specifically Justinian's Code , and to

650-843: Is also the seat of the Hamburg Constitutional Court . The three buildings are listed. Oberlandesgericht An Oberlandesgericht ( German: [ˈoːbɐˌlandəsɡəʁɪçt] ; plural – Oberlandesgerichte pronounced [ˈoːbɐˌlandəsɡəʁɪçtə] ; OLG , English: Higher Regional Court , or in Berlin Kammergericht : KG) is a higher court in Germany . There are 24 Oberlandesgerichte in Germany and they deal with civil and criminal matters. They are positioned above regional courts ( Landgerichte ) and below

700-483: Is expected for prosecutors and administrative officials). Defense attorneys are grouped into divisions of their local or state bar associations in which membership is mandatory. If a defendant is convicted, the court will usually credit the period of pre-trial confinement as part of the sentence. Sentences can range from one month to life, and typically do not exceed 15 years. Defendants sentenced to life in prison can typically apply for parole after 15 years, and if

750-424: Is laid down in the federal constitution (article 97 para. 1) only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the respective department of justice, special rules only applying to the judicial decision-making process and the status of the judges. All professional judges are members of

800-833: Is one of the most popular patent trial forums for patentees in Europe. The Oberlandesgerichte were first set up in the German Empire by the Courts Constitution Act of 27 January 1877. In Prussia , there had been Oberlandesgerichte as the higher provincial courts since 1808, known as Regierung from 1723 to 1808. As of 2023 there are 24 Higher Regional Courts in Germany. Each German state has at least one Higher Regional Court. Baden-Württemberg and Rhineland-Palatinate each have two, Bavaria , Lower Saxony and North Rhine-Westphalia each have three Higher Regional Courts. For historical reasons

850-402: Is regarded as a threat to judicial independence that with a view to their personal career judges might be inclined to specially regard possible political effects of their decisions or may choose to support a political party. Federal judges are picked in an in camera procedure by a body composed of a Minister of the federal state, federal MPs and ministers of the states (article 95 para. 2 of

900-503: Is the supreme constitutional court established by the constitution or Basic Law of Germany . Since its inception with the beginning of the Federal Republic of Germany, the court has been located in the city of Karlsruhe —intentionally in a certain geographical distance from the other federal institutions in Berlin (earlier in Bonn ), Munich , and Frankfurt . The sole task of the court

950-648: The Amtsgericht composed of a single judge. Specialized courts deal with five distinct subject areas: administrative, labour, social, fiscal, and patent law. Like the ordinary courts, they are organized hierarchically with the state court systems under a federal appeals court. Each one of the Länder has its own state constitutional court (see e.g. the Constitutional Court of the State of Berlin or

1000-508: The Constitutional Court of Saxony ). These courts are administratively independent and financially autonomous from any other government body. For instance, a state constitutional court can write its own budget and hire or fire employees, powers that represent a degree of independence unique in the government structure. The courts of each state are also directly authorized by the Basic Law for the Federal Republic. The Federal Constitutional Court ( Bundesverfassungsgericht , or BVerfG )

1050-676: The Federal Court of Justice ( Bundesgerichtshof ), in family and child law above the local courts ( Amtsgericht ) and below the Federal Court of Justice. In the Oberlandesgerichte , the offices of the Generalstaatsanwaltschaft ( German: [ɡenəˈʁaːlˌʃtaːt͡sʔanvaltʃaft] ) or district attorney general are located. In criminal cases that are under primary jurisdiction of

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1100-492: The judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant or defense counsel . In Germany, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow

1150-764: The Chamber for International Commercial Disputes of the Landgericht Frankfurt am Main was established. There is also the Commercial Court based in Stuttgart and Mannheim specializing in major commercial and international disputes. Trial courts in criminal matters are composed of: The appellate courts in criminal matters are composed of: For a comparison of the relative activity of the ordinary courts , in 1969 there were 468,273 criminal cases in Germany, and 388,619 or 83% of these were held in

1200-737: The Federal Court of Justice (i.e., cases concerning national security), the Oberlandesgerichte act as branches of the Federal Court of Justice, that is, as "lower federal courts" ( Untere Bundesgerichte ). As per Section 120 Courts Constitution Act  [ de ] , OLGs have original jurisdiction ( Erstinstanz ) over crimes against public international law under the Völkerstrafgesetzbuch ( genocide , crimes against humanity , and war crimes ). This includes trials under universal jurisdiction (that were committed by non-Germans outside of Germany). The OLG Düsseldorf

1250-700: The Higher Regional Court in Berlin is called the Kammergericht and the Higher Regional Courts in Hamburg and Bremen are called Hanseatic Higher Regional Court. court code Landgericht (Germany) The German legal system is a civil law mostly based on a comprehensive compendium of statutes , as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where

1300-595: The Länder's constitutional courts: The main difference between the Federal Constitutional Court and the Federal Court is that the Federal Constitutional Court may only be called if a constitutional matter within a case is in question (e.g., a possible violation of human rights in a criminal trial), while the Federal Court of Justice may be called in any case. Only the Constitutional Court can declare an Act of Parliament invalid. Ordinary courts are

1350-483: The age of 25 or over the age of 69, or individuals working in the court system in a professional capacity (such as lawyers and judges). In addition, individuals over the age of 65 may refuse to serve, as may, for instance, members of federal or state legislatures, doctors, nurses, and those who have served as lay judges in the preceding term. Applications to become lay judges can be made by interested citizens and local governments will typically encourage applications before

1400-472: The application is rejected, the defendant can re-apply after a set period no longer than two years. If the court determines that there is a "severe gravity of guilt", parole can be delayed for a non-specific period beyond 15 years. In addition to reducing an offender's sentence, Germany's corrections system has a form of punishment called suspended sentencing. Depending on the crime, some sentences can take away jail or prison time and replace it with probation. If

1450-416: The bench is not only accepted but encouraged so as to allow for the greatest amount of experience. A lawyer can only qualify as a defense attorney if they fulfill/possess the so-called Befähigung zum Richteramt . This translates literally as "aptitude to be a judge"; however, the basic meaning is to have successfully completed a study of law at roughly a master's degree level, being finally examined by

1500-593: The constitution. Constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the most basic principles of the Grundgesetz (per the " eternity clause "), those being the principles of human dignity , unalienable human rights , democracy , republicanism , social responsibility , federalism and separation of powers . The court's practice of enormous constitutional control frequency on

1550-488: The constitutional court is not an integral stage of the judicial or appeals process (aside from in cases concerning constitutional or public international law), and does not serve as a regular appellate court from lower courts or the Federal Supreme Courts on any violation of federal laws. The court's jurisdiction is focused on constitutional issues and the compliance of all governmental institution with

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1600-431: The court as well as those sentences between six months to a year unless it is "necessary for the person to serve the sentence to preserve legal order". After an offender serves two thirds of their prison sentence, it is possible to have their sentence suspended. The process for having a sentence suspended after serving time is the same as applying for parole. It is also possible for offenders serving life sentences to receive

1650-786: The decisions of the jurisdiction of the States of Lower Saxony , Schleswig-Holstein and the Free Hanseatic City of Bremen Maritime Courts. The state of Mecklenburg-Vorpommern transferred this responsibility to the Hanseatic Higher Regional Court on 17 June 1994. Since 8 June 2012, the Hanseatic Higher Regional Court is also responsible for the territory of the Land Schleswig-Holstein as a court of first instance in state protection criminal matters. The same applies since 30 June 2012 for

1700-488: The extent of common law systems. In contrast to the adversarial system used by common law countries, the German system of criminal (and administrative) procedure is inquisitorial . Rather than allowing cross-examination between the defense and prosecutors, the judges conduct the majority of the trial. During a trial, the parties are expected to give all their evidence to the judges, who will then call forward and question

1750-406: The federal constitution). Candidates do not have to be professional judges, but must be lawyers. There are neither public hearings, nor would the identity of any candidate even be disclosed to the public. Judicial members of the federal constitutional court are elected in turns by the federal chambers (article 94 of the federal constitution). This decision requiring a large majority, it usually follows

1800-605: The first president of the OLG, Ernst Friedrich Sieveking . Originally the court was opened on 1 October 1879 as a joint "Oberappellationsgericht" for the Free Imperial Cities Bremen , Hamburg and Lübeck . Its predecessor was the Oberappellationsgericht der vier Freien Städte , the joint Supreme Appeal Court of the four free cities of Germany, Lübeck, Frankfurt , Bremen and Hamburg, which

1850-588: The high threshold for inclusion on the municipal council lists, in practice these lists are first compiled by municipal bureaucracies and the political parties in Germany , but some municipal councils rely on registers of residents and generate names randomly. The selection committee consists of a judge from the Amtsgericht , a representative of the state government, and ten "trusted citizens" ( Vertrauenspersonen , German: [fɛɐ̯ˈtʁaʊ̯ənspɛʁˌzoːnən] ) who are also elected by two thirds of

1900-662: The judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law, and by the courts of the Länder ." Germany used jury trials from the Middle Ages onwards, for example in the Landgerichte . The jury system was implemented in the German Empire by the Gerichtsverfassungsgesetz (GVG) of 27 January 1877 with the jury court ( Schwurgericht ) consisting of 3 judges and 12 jurymen. During

1950-467: The judiciary. Judicial candidates start working at courts immediately. However, they are subjected to a probationary period of up to five years before being appointed as judges for life. The judicial system is established and governed by part IX of the Basic Law for the Federal Republic of Germany . Article 92 of the Basic Law establishes the courts, and states that "the judicial power shall be vested in

2000-520: The most numerous by far. Currently there are 828 ordinary courts (687 local, 116 regional, 24 appellate, one federal), 142 labour courts (122 local, 19 appellate, one federal), 69 administrative courts (52 local, 16 higher, one federal), 20 tax courts (19 local, one federal), 86 social courts (69 local, 16 appellate, one federal) and 17 constitutional courts (16 State Constitutional Courts, one Federal Constitutional Court). More recently, specialized commercial courts have been created. In January of 2018,

2050-406: The municipal council. Lay judges have historically been predominantly middle-aged men from middle-class backgrounds; more recently, the share of male and female judges was about the same. A study conducted in 1969 found that, of the lay judges in its sample, approximately 25% were civil service employees, compared to only about 12% from blue-collar backgrounds. A study published in 2009 put

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2100-405: The one hand, and the continuity in judicial restraint and political revision on the other hand, have created a unique defender of the Grundgesetz since World War II and given it a valuable role in Germany's modern democracy. The federal courts are administered by the federal government; all the other courts belong to a state and are administered by it. The independence of the judiciary that

2150-466: The proportions at 27% civil service employees versus 8% of the general population and noted the relatively high numbers of housewives , the relatively low number of private sector employees, and the relative old age of lay judges. Public prosecutors, who earn as much as judges, are nonetheless simple ordinary servants lacking the independence of the Bench. The switching between prosecutorial office and

2200-557: The state itself ( Staatsexamen ), and to have served for two years as an associate to different lawyers from each of their most popular occupations (attorney, judge, administrative official, etc.; this is called the Referendariat ). However, to actually become a judge, besides the Befähigung zum Richteramt the expectations include outstanding results in the respective exams, which is not expected for attorneys (but, roughly,

2250-503: The states there is some kind of a parliamentary body that needs to be heard or even has a say in some of the decisions on careers of individual judges ( Richterwahlausschuss ). The mostly decisive influence of the administration on the career of judges is exceptional in continental Europe, where mostly bodies of judges, elected by and within the judiciary take this kind of decision (e.g., France: conseil superieur de la magistrature , Italy: consiglio superiore della magistratura ). By some it

2300-695: The territory of the Free and Hanseatic City of Hamburg, with the exception of the area, which is incorporated by the State Treaty on the regulation of coastal waters and the Elbe estuary in the district court districts Cuxhaven and Wilhelmshaven , according to § 15 of the Hamburg Act on the Execution of the Judicature Act of 31 May 1965. On 17 December 1970, the Hanseatic Higher Regional Court

2350-464: The territory of the country Mecklenburg-Vorpommern. In the district of the Hanseatic Higher Regional Court, 10,386 lawyers and attorneys-at-law (as of 1 January 2018) are admitted. The 1912 completed court building Sievekingplatz 2 of the architects Lundt & Kallmorgen forms, along with the civil justice building and the criminal justice building, the Judicial Forum on Sievekingplatz and

2400-508: The witnesses, after which the defense counsel and prosecutor may question the witnesses. The primary legislation concerning court organization is the Courts Constitution Act ( Gerichtsverfassungsgesetz , or GVG ). The courts are characterized by being specialist, regional, and hierarchically integrated at the federal level. There are five basic types of courts, plus the Federal Constitutional Court and

2450-402: Was also given the jurisdiction as a court of first instance in state protection criminal cases for the territory of the Free Hanseatic City of Bremen, it was transferred in accordance with § 120 para. 5 S. 2 GVG (Judicature Act). In cases regarding river transport, since 31 March 1984, the Hanseatic Higher Regional Court is as Maritime Court also responsible for the appeals and complaints against

2500-621: Was founded in 1820 and based in Lübeck. Lübeck lost its independence with the Greater Hamburg Act of 1937, became a part of Schleswig-Holstein and thus fell within the jurisdiction of the then OLG Kiel . In 1947, Bremen received its own higher regional court, which in contrast to the Hamburg-based is called "Hanseatic Higher Regional Court Bremen". The district of the Hanseatic Higher Regional Court (of Hamburg) comprises

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