The Corona-pandemic provides the state with major problems. Judicial authorities operate in the emergency mode, the process of appointments need to be moved to burst court hearings threaten.
The legislature has already responded to the Interruption of time limits for negotiations be extended. Thus, the processes for several months – for example, because of illness cases in the judiciary or in the case of defenders, interrupted and continued at a later time.
All of the latest developments to the Coronavirus outbreak you can read here.
citizens have the right to pursue legal proceedings
One of the greatest difficulties, however, remains. The question is: How can we in the current crisis, ensure that the “people’s” court may follow the negotiations in the room?
According to the law, criminal proceedings are, with few exceptions, open to the public. That is to say: All citizens must have the opportunity to attend the negotiations. You will put this right for any reason, the entire process is on the Brink and could be in the end null and void.
lawyer: principle of the Public
ensure that is Exactly what happened in the eyes of the Munich-based criminal defence lawyer Alexander Stevens, especially in Bavaria. He refers to the fact that in the free state since 21. March 2020 strict output constraints apply. At least until the end of the Easter holidays on 19. April may people leave their homes only for valid reasons, such as for doctor’s appointments, ride to work, or urgent purchases.
visits, court hearings, you will not find in the list of justified exceptions. The lawyer concludes: “If it is said to the people, and the criminal processes of track as a spectator, is no longer guaranteed, the principle of public trial.”
Stevens asks: “All of the current convictions
cancel” In an interview with FOCUS Online calls for Stevens: “All of the convictions in Bavaria since the 21. March 2020 must be repealed!“ In addition, all criminal proceedings carried out for the Bavarian output restriction would have to be rolled”, new.”
The defense attorney had articulated via the “image”newspaper on several occasions his displeasure about the situation. In one of his own process – he was the victim represents, in the case of an attempted manslaughter – he did not appear due to health concerns personally before the court. However, the judge of the land court of Munich II, rejected the request. “Irresponsible and illegal” criticized Stevens of this approach. He accused the court to hold in the hall is a “big Corona Party”.
an Internal report: “No agreement” between ministries
Now of the criminal defense attorney after. For him there is no doubt that since the 21. March in Bavaria valid output restrictions not in conformity with the law to allow court processes more – and corresponding convictions of offenders are obsolete. Stevens is invoked the report, the FOCUS Online, including a internal police.
the two-page note for the file of the police headquarters of Munich from 24. March is that of justice and the Ministry of the interior in Bavaria “on the procedure for Visit of the court of negotiations, still no agreement is reached”. This is the state of 23 was. March.
police note: Leave the apartment, “not
allows” On 20. In March, a day before the entry into force of the strict Corona-protection measures in Bavaria, considered the Ministry of interior of head of Department Joachim Herrmann (CSU) spectators, visits to courts as illegal. “According to the current statement of the Ministry of interior (represents) the visit to a court hearing as a spectator, not a valid reason within the meaning of the General decree on the occasion of the Corona-pandemic,” reads the Police report. “Leaving the apartment for this purpose will not be permitted.”
elsewhere In the paper for hearing is: “During a visit to a court as a spectator, regardless of whom must currently be a violation of the General account, and would, where appropriate, brought to the screen.”
lawyer: people will under threat of punishment out
locks These statements to allow for the criminal lawyer Alexander Stevens to only one conclusion: “Thus, the public principle is no longer respected. Because it makes no difference whether a judge, to close up active in the courtroom, or the state prohibits the Public under threat of criminal prosecution and fines, attending court hearings.“
The inevitable result is: “In those cases, the judgments must be repealed.” And: “All offenders who have been convicted since the Bavarian output restrictions, or against whom a criminal case has begun, need to get a new trial.”
judicial authorities from waving: “Public>” Authoritative recommendations were not (the decision ultimately lies with the judge himself), published by the Bavarian Ministry of justice in connection with the Corona-crisis. Ministry: access to negotiations is still possible There it is, the Public in court proceedings, although “not an absolute” guaranteed. But: “there are restrictions for the protection of the health of the population, so this does not hurt the General public principle.” In addition, the journalists had to participate in the court proceedings is still possible. “This is also ensured under the direction of the Public.” on The legality of the process will visit it to the Ministry: “to visit a court hearing is a good reason to leave your apartment. Since the Public is guaranteed access to court proceedings is still possible.“ In the PCP In the
