(2) If essential elements of an offence are established by the content of a publication appearing within the territorial scope of this federal statute, only the court in whose district the publication appeared shall be deemed to have jurisdiction pursuant to subsection (1). (1) Venue shall be deemed to be established in the court in whose district the offence was committed. The defendant may file such an objection in the course of the main hearing only prior to commencement of his examination on the charges. Thereafter, it may take account of its lack of jurisdiction only upon an objection being filed by the defendant. Prior to the opening of the main proceedings, the court shall, ex officio, review whether particular criminal divisions have jurisdiction pursuant to the provisions of the Courts Constitution Act (section 74 (2) and sections 74a and 74c of the Courts Constitution Act). Jurisdiction of particular criminal divisions
If there is no such court, it shall be for the common upper court to decide.įor the duration of the connection, the criminal case which falls within the jurisdiction of the court of higher rank shall be decisive in respect of the proceedings.Īt all stages of the proceedings the court shall, ex officio, review its substantive jurisdiction. (2) The court of higher rank to whose district the other courts belong shall be competent to make the order.
(1) The court may make an order directing the joinder of connected or the severance of joined criminal cases even after the opening of the main proceedings, upon application by the public prosecution office, the defendant or ex officio. Joinder and severance of pending criminal cases (2) Such court may make an order severing connected criminal cases on grounds of expediency.Ĭases shall be deemed to be connected if one person is accused of having committed more than one offence or if, in the case of one offence, more than one person is charged as an offender or participant, or is charged with handling stolen data, aiding after the fact, obstructing prosecution or punishment, or handling stolen goods. Connected criminal cases of which individual cases would fall within the jurisdiction of particular criminal divisions pursuant to section 74 (2) and sections 74a and 74c of the Courts Constitution Act may be tried jointly by the criminal division which enjoys precedence pursuant to section 74e of the Courts Constitution Act. (1) Connected criminal cases which individually would fall within the jurisdiction of courts of different rank may be tried jointly by the court of superior jurisdiction. Substantive jurisdiction of the courts shall be determined by the Courts Constitution Act ( Gerichtsverfassungsgesetz). 1074, 1319), as last amended by Article 3 of the Act of 11 July 2019 (Federal Law Gazette I, p.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".įor conditions governing use of this translation, please see the information provided under "Translations".įull citation: Code of Criminal Procedure as published on 7 April 1987 (Federal Law Gazette I, p. Version information: The translation includes the amendments to the Act by Article 3 of the Act of 11 July 2019 (Federal Law Gazette I, p. Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 3 des Gesetzes vom 11. Translation completely revised and regularly updated by Ute Reusch Original translation by Brian Duffett and Monika Ebinger, updated by Kathleen Müller-Rostin and Iyamide Mahdi Vollständige Überarbeitung und laufende Aktualisierung durch Ute Reusch Auf der Grundlage der Übersetzung von Brian Duffett und Monika Ebinger, aktualisiert durch Kathleen Müller-Rostin und Iyamide Mahdi
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