Appointment (right)

the appointment is a redress against a judgement of the first instance. The appointment negotiation finds then before the appeal and/or. the industrial tribunal, also court of appeal instead of.

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Germany

With the appointment the erstinstanzlich collected facts are again examined. In the German civil proceeding this is however reduced (“November right “): The appointment can be supported in the civil proceeding right only by the fact that the contested decision is based on a law breaking or in the first instance - mostlybinding determined - facts another decision justify. A renewed hearing of evidence does not take place before the industrial tribunal usually. A permissible appointment must keep the form and the period and either weights reaches or from the output court in the judgement to become certified. With civil proceedings amounts tothe complaint article (weight) to the appointment more than 600 euro, in the labor court procedure likewise. The social court barness sees likewise conditions for permission (usually 500 euro complaint article).

With administrative proceedings the appointment to request of the higher administrative court must and/or. Administrative court become certified. If it is completely impossible, a revision is possible.

In the fiscal jurisdiction only the revision is permissible.

The industrial tribunal in the tidy jurisdiction is with erstinstanzlichen judgements of the district court in civil cases and criminal actions the regional court. This does not apply however to family, child shank and maintenance things, whose appointment before the higher regional court takes place. The higher regional courtis responsible also for the appointments against erstinstanzliche judgements of the regional court in civil cases. Against erstinstanzliche judgements of the regional court in criminal actions there is no appointment; here only the revision is permissible to the Federal High Court. Saying body with the procedures in civil cases is the civil court at the regional courts andthe civil court of appeal with the higher regional courts. In the criminal procedure the saying body is called “small criminal court “. The appeal of the labour jurisdiction is the Higher Labor Court, with the social court barness the national social court. In the administrative proceedings it is the higher administrative court or the administrative court.

Austria

appointment inCivil cases

with a value in litigation to 10,000 euro and in legally determined legal matters (z. B. in family-legal or rent-legal affairs) the district court in first instance is responsible. An appointment goes to the superordinate national court, where an appointment senate in second instance decides. In particularly important cases -in those legal questions from fundamental meaning to to solve are - is against the decision of the 2. Instance still another further redress to the highest Court of Justice possible.

In cases, in those the value in litigation 10,000 euro exceeds and in some few legal matters (z. B. in competition disputes or) The national court in first instance decides copyright disputes (either by a single judge or a judge senate). With an appointment against the nationaljudicial judgement the higher regional court (OLG) in second instance can be concerned. In particularly important cases - in those legal questions from fundamental meaning to to solve are -still another instance is to the highest Court of Justice (OGH) possible.

The stage of appeal in the civil proceeding can be three speed therefore.

appointment in criminal actions

the district court is in first instance for criminal procedures because of offenses responsibly, for only one fine or an imprisonment to maximum1 year is threatened (z. B. negligent bodily injury, simple theft). Against the district-judicial judgement an appointment is possible because of debt and/or punishment to the superordinate national court, which decides in a three-judge senate.

The single judge at the national court decides those in first instance on all crimes and offenses,with an imprisonment are threatened from at the most 5 years (z. B. wrong testimony before court). On the appointment because of debt and/or punishment against the judgements of the national court of first instance the superordinate higher regional court (OLG) decides.

For criminal procedures because of heavy crimes with up to lifelong imprisonment (z.B. Robbery, murder, rape, abuse of the office force, high treason) is the national court as jury and/or. Jury in first instance responsibly. Against its judgements an appointment is possible against the utterance over the punishment to the superordinate higher regional court (OLG). () Even if a reason for anulment is maintained, the highest one must Court of Justice (OGH) with a plea of nullity to be called. The OGH decides then also on an appointment because of punishment.

In the criminal law the stage of appeal is two-stage.


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