The Legal System of Germany

The legal system are operated in a different way than the American and the Anglo. The expertise in the field of law is always in the opinion that system of German law is better and fair that the others. It grants number of protection to guarantee the justice of trials and investigation. As per particular court, a hearing can be arranged by a single expert judge. Or, a group of expert judges. In regard to very petty cases, single expert judges can do the job. In case of severe charges the indicted person may face serious consequence

The German Judges and Courts

Judges

In German there are where people can make their cases heard. It depends upon the nature and importance of the case. Also there are higher courts for appeal for other cases. It is the intensity of cases and types of issue involved that requires the special appointment of judges of different grade.

is no system of jury trial. The judges play more dynamic part in the proceedings of court. In other cases the Court trials are Generally, the German law takes the people as innocent till his/her guilt is proved.

As per particular court, a hearing can be arranged by a single expert judge. Or, a group of expert judges. In regard to very petty cases, single expert judges can do the job. In case of severe charges the indicted person may face serious consequence. There can be up to be 5 people hearing the case: 3 qualified judges and 2 ordinary judges or all the qualified judges and no ordinary judges.

Courts

special kinds of courts.

The matters that Ordinary or Local Courts hear are about criminal, marriage, marriage law family. These courts also look into the matter relating registration of the company matters of administrative importance. The ordinary courts are made of three tiers. According to law, the trials are arranged to be resolved in the specific tiers depending on the importance of the matter.

Apart from this, there are singular Administrative Law Courts consisting of tri-levels and hear cases concerning administrative laws and regulations. The specialized courts work through three levels:

Labor law courts: hear cases concerning working condition, employment issues, and agreement for collective bargaining.

Social law courts: hear the cases of social benefits of unemployment, payments, compensation claim for the workers and also payment for social security.

Financial Courts: tax issues.

Rights and Laws relating to some issue

Self Incrimination

When the authority queries any suspicious person, they must be sure, can’t be forced to give evidence in support of the person. He gets the supreme right to stay behind.

These courts also look into the matter relating registration of the company matters of administrative importance. The ordinary courts are made of three tiers. According to law, the trials are arranged to be resolved in the specific tiers depending on the importance of the matter.

Evidence Gathering

If taken for suspicion, the accused might taken for Physical examinations. For example, the Blood samples can be collected from the accused if the person is drug addict or prone to alcohol If it doesn’t poses any threat to his health.

In German there are different Laws for different purposes.

The German legal

Its system(read more about it here) is much like many other western nations, with a few surprising twists. Not everything that is legal in America and other Western Countries is legal within the borders of Germany. Below are interesting and useful intricacies of the German legal system, rights of the accused and laws that are better left unbroken.

There are no juries in Germany. Every case determination is made by a judge. There is no peer review for defendants, and judges are very powerful.

There are specialty courts pertaining to every area of law. Each specialty court has different levels, and each level accepts cases depending upon the seriousness of the issue before the court.

Germans have the legal right to refrain from self-incrimination and remain silent, and police officers or investigators are under the legal obligation to tell citizens this fact before they are questioned.

It is perfectly legal to perform forced evidence gathering, including collecting blood from suspected drug offenders even if they object. The only exception is when the collection could pose a health risk to the defendant.

Drug offenses are taken very seriously in Germany, and drug courts are very busy. However, views on the criminalization of drugs are changing, as are views on the nature of addiction.

It is illegal to own any type of gun without getting a special license. Not all applications are accepted. In fact, very few applications are approved. Gun ownership is very rare in Germany, and weapons are frowned upon.

Consumer protections extend to private sales. Anything that is sold in Germany automatically has a six month warranty that is protected under the law. Normal wear and tear of items in excluded under this law, however. The only way around this law is to sell items “as is” in a very specific contract that excludes this warranty.

In order to get a divorce, the couple must be separated for no less than 12 months. This law is for uncontested divorces. If one party does not want a divorce, the couple must be separated for three years before a divorce will be granted. Marriage annulments are almost unheard of, and most Catholics stay married for life.

Contracts do not restate established laws. Rather they simply outline the agreement between two people. Because everyone falls under the same laws, they feel that there is no reason to restate the laws in a contract.

American expats often find housing rental agreements to be rather restrictive. If renting a home in Germany, it is a good idea to hire a legal professional to explain obligations and help traverse legal agreements between parties.

It is illegal to insult authority figures who are on the job. On-duty police offers will arrest people for name calling or other forms of insulting provocation. Germans do not speak as freely as Americans speak, so be careful while visiting the country.

It is against the law to insult the flag, coat or arms, national anthem or even the national colors.

Foreign tourists or expats who break the legal codes may have their passports legally confiscated in order to prevent flight from the country. Foreigners who commit serious crimes are usually jailed before going to trial before a judge.

If preparing to rent a home or visit Germany, speak with an experienced German legal professional for help. It is best to educate yourself, as ignorance of the law is not an excuse.