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Criminal cases; hearing and decision before the local court

The local courts are the courts of first instance responsible for hearing and deciding certain criminal cases.

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Amtsgericht Neu-Ulm

Amtsgericht Neu-Ulm
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Procedure details

Which court and which panel of judges is responsible for hearing and deciding a criminal case is determined by law. The type of offense and the expected punishment are of decisive importance.

In principle, the local court has jurisdiction to hear and decide criminal cases at first instance, unless

  • the regional court (e.g. for capital offenses) or the higher regional court (e.g. for serious state security offenses) has jurisdiction according to special regulations,
  • a sentence of more than four years' imprisonment or placement in a psychiatric hospital or preventive detention is to be expected in the individual case,
  • the public prosecutor's office brings charges before the district court due to the particular importance of the case or the need for protection of those injured in the offense who could be considered as witnesses.


The district court may not impose a sentence of more than four years' imprisonment.

If the offence brought before the district court is a misdemeanour (unlawful act punishable by a minimum sentence of less than one year's imprisonment or a fine) and a sentence of more than two years' imprisonment is not to be expected in the specific case, the judge at the district court decides as a single judge (criminal judge). Otherwise (if the offence charged is a crime punishable by at least one year's imprisonment or if a prison sentence of between two and four years is to be expected in the specific case), the court of lay assessors, which usually consists of a professional judge and two lay assessors, makes the decision.

The court makes the decision according to its free conviction based on the hearing. If the court cannot be convinced of the defendant's guilt, it may not convict him ("in case of doubt for the defendant"). The main hearing concludes with the pronouncement of the verdict. If neither the public prosecutor nor the accused or any private or joint plaintiff appeals against the judgment (appeal, revision) or if the appeal is unsuccessful, the judgment becomes final. With the exception of proceedings against juveniles, the public prosecutor's office is responsible for enforcing the judgment.

In criminal proceedings, the court fees are calculated according to the final sentence imposed. The lawyer's fees for the criminal proceedings are only determined by the framework (so-called framework fee). Lawyers determine the fee on a case-by-case basis at their reasonable discretion, taking into account all circumstances, in particular the scope and difficulty of the lawyer's work, the importance of the matter and the client's income and financial circumstances.

The legal remedy against a local court judgment is an appeal or revision.

Status: 24.06.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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