Judiciary of Germany

The judiciary of Germany is the system of courts that explains and uses the law in Germany. It helps make sure laws are followed and people are treated fairly.

The German legal system is a civil law mostly based on a big list of statutes. This is different from common law systems. In cases about crimes or government actions, Germany uses an inquisitorial system where judges help find the facts. This is unlike an adversarial system where the judge mainly watches as the prosecutor or plaintiff faces the defendant or defense counsel.

In Germany, the independence of judges has been important for a long time. The court system is strong, and courts can check almost any action by the government.

Judges in Germany follow a special path. After finishing university studies in law, they must pass a test, complete a two-year training, and pass another test. Only then can they become judges. New judges start working right away but have a training period of up to five years before becoming judges for life.

The judicial system is set up and guided by part IX of the Basic Law for the Federal Republic of Germany. Article 92 of this law says that judicial power belongs to judges and is used by the Federal Constitutional Court, federal courts, and the courts of the Länder.

History

Germany has a long history of using juries to help decide court cases, going back to the Middle Ages. In 1877, a law started using juries in courts. These courts had three judges and twelve jurors.

But in 1924, during a special emergency time, the use of juries stopped. Courts began using judges and people called lay judges. This is still how it works today in Germany.

Law

Main article: Law of Germany

Germany uses a civil law system. This means laws are written down in detailed books called codes. The most important law is the Basic Law. It acts like the country’s constitution.

Courts in Germany handle two main types of cases: public law, which deals with the government and criminal matters, and private law, which covers agreements between people.

Judges in Germany play an active role in cases. They lead the trials, asking questions to witnesses and gathering evidence. This helps make sure all facts are checked carefully.

The German legal system has roots in ancient laws from places like Byzantium and, to a smaller extent, from the Napoleonic Code.

Courts

The main law that decides how courts are organized in Germany is called the Courts Constitution Act. Germany has many different types of courts. Each type handles specific kinds of cases. These include courts for regular legal matters, like criminal and civil cases. There are also special courts for things like administrative issues, taxes, jobs, and social services.

Germany has constitutional courts, which are very important. These courts check if laws follow the country's basic rules and values. There are constitutional courts in each state and one big federal constitutional court in Karlsruhe. This court can decide if a law goes against the country's most important principles, like human rights and democracy.

Personnel

Professional judges

Federal courts are managed by the federal government. All other courts belong to a state and are managed by that state. The independence of the judiciary only applies to the decision-making of individual judges, not the whole system. Courts are part of the government, under the department of justice. Special rules apply only to how judges make decisions and their status.

All professional judges are part of the same group. They are chosen through a shared process, and their careers are mostly governed by federal law. But most judges are state workers and follow state rules on education, hiring, and promotion.

State

Decisions about hiring, giving lifetime positions, or promoting judges are made by the department of justice. In some states, a parliamentary body also helps make these decisions. The strong influence of the government on judges' careers is different from many other European countries, where groups of judges make these decisions.

Federal

Federal judges are chosen in a private process by a group including a federal minister, federal members of parliament, and state ministers. Candidates must be lawyers but do not need to be professional judges. There are no public hearings, and the public does not learn the identity of candidates. Judges of the federal constitutional court are chosen by the federal chambers, usually following a political agreement.

Lay judges

Further information: Lay judge § Germany

Lay judges are ordinary citizens chosen for a five-year term by a special committee, based on suggestions from a municipal council. They must be German citizens who have not been convicted of or are under investigation for serious crimes. Certain groups, like people under 25 or over 69, or those working in the court system, cannot be chosen. Interested citizens can apply to become lay judges, and local governments often encourage applications.

Lay judges sit with professional judges in most trials, except for certain crimes tried by a single professional judge or serious political crimes tried by panels of professional judges. Decisions against the defendant usually need a two-thirds majority.

Prosecutors

Public prosecutors earn the same as judges but do not have the same independence. Moving between working as a prosecutor and a judge is common and encouraged to gain experience.

Attorneys

To become a defense attorney, a lawyer must complete a law study at a level similar to a master's degree, pass state exams, and work for two years with different types of lawyers. To become a judge, higher exam results are expected. Defense attorneys must join their local or state bar associations.

Sentencing practices

If a person is found guilty of a crime in Germany, the time they spent in jail before the trial often counts toward their final sentence. Sentences can be very short, like one month, or very long, even for life. But usually, sentences do not last more than 15 years. People with a life sentence can ask to leave prison after 15 years. If their request is denied, they can try again every few years. For very serious crimes, they might have to stay longer.

Germany also has a way for people who commit smaller crimes to not go to prison right away. They can stay out of prison if they follow certain rules and show they will not break the law again. This is called a suspended sentence. For very minor crimes, the court might automatically decide on a suspended sentence. If someone has already served part of their prison time, they can ask to have the rest of their sentence suspended. If they break the rules or commit another crime, they can be sent back to prison.

Analysis and criticism

Some people think choosing lay judges, who help make decisions in court, can be unfair. They believe things like knowing someone personally, sharing political views, or having a certain job might secretly affect who is chosen, even if this is not talked about openly.