Local Court (Amtsgericht) – Indictment and Expected Sentence
When is an indictment brought before the Local Court?
Whether an indictment is filed before the criminal judge at the Local Court depends mainly on the expected sentence. According to the German Courts Constitution Act (GVG), Local Courts are competent unless jurisdiction lies with the Regional Court or the Higher Regional Court. This primarily applies to serious offences listed in Section 74 (2) GVG. This creates a clear legal framework defining the responsibilities of the different courts and ensuring proper classification of criminal offences.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
Exclusion of Jurisdiction
The jurisdiction of the Local Court ceases if a higher penalty than four years’ imprisonment is to be expected, or if placement in a psychiatric hospital – either as a sole measure or in addition to a sentence – or preventive detention is anticipated. This provision ensures that particularly serious crimes with severe penalties are heard by higher courts with greater experience.
Furthermore, the usual jurisdiction of the Local Court can be set aside if the prosecution files charges with the Regional Court due to the special need to protect potential witnesses or because of the significant impact of the case.
Jurisdiction of the Lay Judges’ Court
The Lay Judges’ Court (Schöffengericht) has the task of deciding in all other cases under the jurisdiction of the Local Court “unless the criminal judge decides” (Section 28 GVG). This means the Lay Judges’ Court is also competent in cases where the expected sentence exceeds two years’ imprisonment.
Composition of the Local Court Panel
The composition of the panel at the Local Court is determined either by a single criminal judge or by one judge together with two lay judges, as provided in Sections 25, 28, and 29 GVG. This structure enables a balanced and fair assessment of cases, with the lay judges contributing the perspective of the public and thereby ensuring objectivity.
Special Jurisdiction for Tax Criminal Cases
Special consideration must be given to the specific jurisdiction for tax criminal cases at the Local Court. Section 391 (3) of the German Fiscal Code (AO) stipulates that “criminal matters relating to tax offences shall be assigned to a specific division of the Local Court.” This provision underlines the significance and complexity of tax issues in the criminal context and highlights the necessity of handling such cases in an appropriate judicial framework.
FAQ – Local Court (Amtsgericht)
When does the Local Court have jurisdiction in criminal proceedings?
The Local Court is competent for offences with an expected sentence of up to four years, unless specific provisions transfer the case to a higher court.
What happens if a higher penalty is expected?
If imprisonment exceeding four years, placement in a psychiatric hospital, or preventive detention is likely, jurisdiction shifts to the Regional Court or Higher Regional Court.
What is the role of the Lay Judges’ Court?
The Lay Judges’ Court decides on cases before the Local Court where the expected penalty exceeds two years.
How is the Local Court composed?
Depending on the case, the court consists of a single criminal judge or one judge with two lay judges.
Are there special rules for tax crime cases?
Yes. Tax-related offences are assigned to specialised divisions of the Local Court due to their complexity and importance.
Contact us – Your Specialist Lawyers for Criminal Law in Frankfurt am Main and throughout Germany
- Attorney Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Attorney Frank M. Peter, Specialist Lawyer for Criminal Law
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been working in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent our clients nationwide.
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