Beauty & Dignity: How is the German law as music?
A list of some important things to consider - you never know when they might be useful.
Although the German legal system works differently than Anglo and American systems, lawyers who have studied generally agree that it is fair and offers numerous safeguards to ensure fairness of investigations and trials.
For anyone who is involved in legal proceedings, there are a number of courts where their cases can be heard - according to the nature and gravity of the case, there are also a number of superior courts to which calls can be facts the number of types and judges who hear cases and render decisions may also vary depending on the relevant program type.
There is no such thing as a jury trial in Germany and the judges take a more active role in court proceedings Court proceedings are otherwise similar to a jury trial in the US Under German law the the accused is presumed innocent until proven guilty.
Depending on the specific court, a tribunal may be composed of one professional judge or a combination of judges and non-judges in minor cases there may be only one professional presiding judge or, if the charges are serious and heavy accused faces sanctions, there may be up to five people hearing the case; three professional judges and two lay judges or five judges.
Professional judges who serve in the various German states L nder are trained legal experts and are normally employed as civil servants for life by L nder of lay judges are ordinary citizens chosen by a committee to serve a predetermined length of time All judges at the service of the federal courts are trained in the legal profession They must be professional lawyers or judges.
There are ordinary and specialized courts in the German justice system.
The ordinary courts hear matters related to civil, criminal, family law and marriage of local courts also support business registration and other administrative matters These are the most numerous courts in Germany ago four levels of ordinary courts, local courts Amtsgerichte can have a professional professional judge or up to two judges and two lay judges the next level is the regional court Landesgericht where up to three professionals and two judges hear cases then comes the Oberlandesgerichte higher Regional course that seat three to five judges the highest ordinary court is the Federal Court of justice Bundesgerichtshof It has five professional judges who hear criminal cases business can be assigned to one of the three civil cases court normally att ribuées the first two courts of appeal can be made to two higher courts.
Special courts of administrative law Verwaltungsgerichte have three levels and hear cases concerning regulations and government actions.
Arbeitsgerichte labor courts also have three levels and hear cases concerning employment issues, working conditions and collective agreements.
Sozialgerichte social courts have three levels and work with cases involving various social benefits These include unemployment benefits, applications for workers' compensation and social security payments.
The financial courts Finanzgerichte have two levels and rule only on cases involving fiscal matters.
All questions of constitutional law are heard by the Federal Constitutional Court Bundesverfassungsgericht.
When authorities questioned a suspect, they must specify that any statement may be used against him a suspect may be t compelled to testify against himself or herself, and has the absolute right, without undue influence, to remain silent.
Physical examinations can be performed on the objections of the blood samples of the suspect, for example, can be taken if the alleged violation is related to drugs or alcohol, provided that this doesn t pose a health hazard.
The authority of the German police is about the same as in other developed countries If a party is required to appear before a German court he will be well served with failure to appear before the court summons to testify can be punished.
Drug offenses such as import, sale or possession of narcotics, including marijuana and hashish are considered serious crimes.
German law has very strict requirements regarding the registration of firearms and possession and other weapons.
All the individual sells, including car automatically guarantee of six months under the law unless it has been explicitly excluded normal wear an item used is not considered a defect.
Under the laws on the German marriage, a party may seek divorce t until he was separated for a year or three years if the divorce is contested Cancellations are very rare.
The differences between German and Anglo-American laws are particularly evident on the US contracts, for example, it is common, and often necessary, to specify everything in a contract The rule in German law, on the other hand, is a short contract is a good contract, for example, the main problems related to the agreements and leases are codified in a law dealing with the relationship between landlords and tenants There may be nothing in the lease dealing notice periods, needed renovations or actions in case of non-payment of rent, but these things are still covered because of the law.
An agreement to rent an apartment or house for a specific period can be terminated early, except in exceptional circumstances a transfer of jobs is usually not an extraordinary circumstance It is advisable for expatriates to have a German lawyer the drive through the maze.
It is a criminal offense in Germany to disrespect for the colors, the flag, the coat of arms or national anthem or one of its states; or to remove, damage or deface any public national flag or symbol of an individual can Insulting also constitute a criminal offense, especially if the person is a public servant, as a police officer or a judge, acting under the legal authority.
In some circumstances, the accused parties who are not German can have their passports confiscated to prevent them from leaving the country in serious cases, can be placed the accused in custody.
The first phase of a German criminal investigation is a preliminary investigation to determine if there are grounds for a formal indictment if a prosecutor determines there is, the case is referred to the German competent, when the judge decides if the evidence warrants a trial This clearly contrast the United States, where a judge will have little or no knowledge of the facts of a case as proof was introduced in the courtroom.
Formal plea guilty or not guilty does not exist in the German trial t An accused may plead guilty to receive a lesser sentence Hearsay evidence and, under certain circumstances, absent witness testimony can be admitted as evidence in a German court Presence witnesses and evidence production can be forced.
It is wise to have a lawyer of the German defense, unless a case is very minor, or the charges are without question the right of the accused to be represented by a lawyer is carefully protected by German law in some cases where the accused is charged with an offense punishable by a year or more of imprisonment, German law requires the provision of a lawyer, even if the accused doesn t wish.
Attorney fees depend on the duration of the trial and the complexity of the case, they can be very high if the trial takes more than a day, or if the performance is by a great reputation lawyer There are also charges justice can be quite high if the case is complex If the accused in criminal cases is acquitted, the court usually pays the fees of the lawyer.
Although it has a duty to defend the accused at full capacity, a German lawyer is not as active in court as an American or British lawyer can be in a German trial, the judge, not the lawyer defense or the prosecutor, obtains the testimony of witnesses after the judge finished, the prosecutor and the defense lawyer will be allowed to question witnesses the goal is to get the truth by direct questioning of witnesses rather than examination and cons-examination.
The Code of Criminal Procedure allows crime victims or their survivors the right to participate in the trial as speakers or private stakeholders prosecutors are usually represented by a lawyer and can produce evidence related to the case and that question witnesses.
If the accused is found guilty the court usually recognizes all pre-trial detention for numerous crimes a probation period of two to five years is often imposed on offenders According to the crime, of course, prison sentences may vary a month to live; although in practice sentences rarely exceed 15 years.
Fines can be imposed for violations of the traffic, environmental protection, consumer and unfair competition also objects used in violation of a law of a car, for example, may be confiscated.
Containment starts immediately after the judgment of the Court announced the trial, unless an appeal is pending in this case the judgment doesn t become legally effective until and unless the call is refused or withdrawn.
Although German law protects the accused from being repeatedly prosecuted or subjected to double jeopardy, the prosecution and the defense may appeal a court judgment, and such an appeal by the prosecution is not considered the notification of the double jeopardy appeal must be submitted within one week after the oral announcement of the judgment of the court brief supporting the appeal must be filed within 30 days.
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