Inviolability of Law Offices
am 21.05.2008 von German American Law Journal :: American EditionCK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolability of the abode and the particular sanctity of the premesis of attorneys. An attorney had filed an objection succinctly questioning the impartiality of a judge. The judge filed a criminal complaint. The prosecution searched the office and home of the attorney and reviewed and seized files. In the matter 2 BvR 1801/06, the highest German court ruled for the attorney. The constitutional court stressed the proportionality requirement for searches and seizures. In its opinion, the lower courts in Osnabrück had not properly balanced the …
Judge May Defend Pro Hac Vice and Pro Bono
German American Law Journal :: American Edition / CJ - Washington. On March 9, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a retired appellate judge concerning his refused admission as criminal defense counsel, in the matter 2 B…
Federal Malware Ruling
German American Law Journal :: American Edition / CK - Washington. The federal malware ruling that makes the press today is published at the German Supreme Court web site for the matter StB 18/06, together with its press release 17/2007, both in German. In essence, the court ruled that secret…
Phone, Fax, Cellphone Surveillance
German American Law Journal :: American Edition / CK - Washington. Counsels telephones, telefax and cellphones constitute a sanctuary where surveillance even on anti-terror grounds is disproportionate, the federal Constitutional Supreme Court in Karlsruhe ruled in the matter 2 BvR 2151/06 on…
German Federal Constitutional Court decision in English/Bundesverfassungsgericht Entscheidung auf Englisch
Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
Accelerating Criminal Process
German American Law Journal :: American Edition / CK - Washington. Prosecution and courts must do their utmost to accelerate criminal cases when the accused, whom the law, after all, deems innocent, waits in jail. The acceleration principle covers the entire case, from the indictment through…
Retired Judge May Counsel
German American Law Journal :: American Edition / CK - Washington. The Federal Supreme Court decided in an order, case number 1 BvR 737/00, on July 29, 2004 that a retired judge without admission to the bar or other permission to counsel in legal matters, such as under the Rechtsberatungsgese…
Introducing Documents
German American Law Journal :: American Edition / CK - Washington. In criminal matters, courts may consider documents properly introduced into a trial even if they have not been read into the record but the Supreme Constitutional Court in Karlsruhe established some limits in its ruling of Ja…
Law Drops EMail
German American Law Journal :: American Edition / CJ - Washington. On March 2, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a judge from Heidelberg concerning the secrecy of telecommunication, a constitutional right embodied in…
Exposing Plagariasm
German American Law Journal :: American Edition / CK - Washington. A frequently published author under suspicion of plagiarism may not seek the protection of the courts against probing journalists, the Karlsruhe Court of Appeals decided in the matter 14 U 90/06 on August 4, 2006. The author…
Book not to be Published
German American Law Journal :: American Edition / CK - Washington. Esra, a book by Maxim Biller, may not be published, the Federal Supreme Court for Civil Matters in Karlsruhe ruled on June 21, 20065 in the matter VI ZR 122/04, as Simons Blawg notes today. The publication violates the privac…
Jail for Incest Deferred
German American Law Journal :: American Edition / CK - Washington. The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution. In a preliminary decision of March 1, 2007, the court decided against gra…
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