Higher regional court
the higher regional court is a court of the tidy jurisdiction, which is located in the structure of court between regional court and Federal High Court, in family and child shank things between district court and Federal High Court. The higher regional court has civilian and criminal senates after § 116 GVG.
With the higher regional courts are the general public prosecutor's offices furnished.
table of contents
the material competence of the higher regional courts is regulated in the Judiciary Act. Thoselocal competence results from respective rules of procedure in connection with the nationallegal competence regulations.
- Appointments against judgements of the regional courts,
- complaints against decisions of the regional courts,
- appointments against judgements of the district courts in family things(§ 23b exp. 1 GVG),
- complaints against decisions of the district courts in family things,
- appointments and complaints against decisions of the district courts in cases with foreign contact (§ 119 exp. 1 No. 1 b and C GVG).
In affairs of the freiwilligen jurisdiction is the higher regional court court of the further complaintagainst complaint decisions of the civil courts at the regional court, in individual cases also appeal instance against erstinstanzielle resolutions of the regional courts.
in the criminal law is responsible the higher regional court:
- as the first instance for state protection things after § 120 GVG,
- as appeal instance forRevisions against judgements of the criminal judge and jury, or appointment judgements of the regional court.
- as appeal instance for complaints against the decisions of the punishing chambers and execution of a sentence chambers of the regional courts,
- for judicial decision against the rejecting answer of the public prosecutor's office in the complaint enforcement procedure (§ 172 StPO).
for Irregularities is active the higher regional court as instance of the right complaint after § 80a OWiG against judgements and resolutions of the district courts. The penalty senate is occupied with occupation a judge, with fines over 5000 euro with three occupation judges.
inBavaria is furnished beside the higher regional courts the Bavarian highest national court (article 11 of the Bavarian remark law compares to the Judiciary Act). It decides deviating from the usual stage of appeal as supreme court of appeals in criminal actions in place of the higher regional courts and in place of the Federal High Court with revisions in civil cases, so far for the decision Bavarian federal state lawis possible. It is responsible also for the redress of the further complaint in the freiwilligen jurisdiction.
However the Bavarian federal state parliament has to 20. October 2004 the dissolution of the Bavarian highest national court (BayObLG) to the 1. July 2006 decided. Starting from 1. January 2005 again which are received proceduresno more are already worked on by the BayObLG, but by the three Bavarian higher regional courts.
the higher regional court in Berlin is called Court of Appeal.
the Hanseati higher regional court (jokeful also: „HansOlga “) developed 1879 due to the realm law laws and stands in the tradition of theformer upper court of appeal of the free realm cities Bremen, Hamburg, Frankfurt and Luebeck. The upper court of appeal had its seat in Luebeck. Next and last instance was the federal upper commercial court of the German federation, which later realm upper commercial court in Leipzig, from which 1879 the realm court developed.
Higher regional courts in Austria
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