Jail for Incest Deferred
am 03.03.2007 von German American Law Journal :: American EditionCK - 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 granting temporary relief to the convicted defendant. The basis of the decision, described in a press release of March 2, 2007, is the factual issue that the state does not intend, or appear to intend, to jail the defendant while the matter is pending with the court. In addition, the defendant would have to exhaust available …
Remedy Effectively Waived
German American Law Journal :: American Edition / CK - Washington. A criminal defendant can effectively waive all rights to an appeal and is then barred from a review by the Supreme Court in Karlsruhe, that court decided in the matter 2 StR 533/07 on December 6, 2007 in applying §349(I)…
U.S. Complaint to be Served
German American Law Journal :: American Edition / CK - Washington. On January 24, 2007, the federal supreme court for constitutional matters, Bundesverfassungsgericht, in Karlsruhe decided that the service of process of an American complaint would not raise constitutional issues despite an $1…
Jail for DA and Lawyer
German American Law Journal :: American Edition / CK - Washington. Recently, a Mannheim DA and a Munich attorney have been sentenced to jail for bizarre conduct. The DA received a suspended sentence of eight months for passively neglecting and actively suppressing the prosecution of a crimin…
Secrets Under Constitution
German American Law Journal :: American Edition / CK - Washington. Constitutional protection extends to trade secrets in matters before the administrative law courts, the Constitutional Supreme Court in Karlsruhe decided in a telecom case, docket number 1 BvT 2097/03, on March 14, 2006, which…
Contingency Fee Ruling
German American Law Journal :: American Edition / CK - Washington. On March 8, 2007, the federal constitutional Supreme Court in Karlruhe rendered a landmark decision loosening the restrictions on contingency fees. Such fees have been legal only in very limited circumstances, usually involvi…
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…
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 -...…
Pleading Jurisdictional Defects
German American Law Journal :: American Edition / CK - Washington. In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed t…
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…
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…
Seizing Client Data From Lawyers
German American Law Journal :: American Edition / CK - Washington. In the course of a criminal investigation, the police may not search and seize all the data-storing equipment of a suspect, the German Federal Constitution Court in Karlsruhe decided on April 12, 2005, according to its press r…
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…
No Assumption of GDR Liability
German American Law Journal :: American Edition / CK - Washington. The Federal Republic of Germany did not assume all liabilities of the now-extinct German Democratic Republic, aka East Germany, GDR, Mitteldeutschland, DDR and Ostdeutschland, the supreme court in Karlsruhe, Bundesgerichtshof,…
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