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Criminal cases; information on hearings and decisions before the regional court (1st instance)

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

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Landgericht München II

Landgericht München II
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Procedure details

Which court and which panel of judges is appointed to hear and decide a criminal case is determined by the law. The type of offense and the punishment to be expected are of decisive importance.

As the court of first instance, the regional court is responsible for hearing and deciding particularly serious offenses (e.g. capital crimes) and criminal cases for which the higher regional court does not have jurisdiction (e.g. for serious state security offenses) and for which

  • a sentence of more than four years' imprisonment is to be expected or
  • placement in a psychiatric hospital or preventive detention is to be expected or
  • the public prosecutor's office brings charges before the regional court due to the particular significance of the case or due to the particular need for protection of those injured in the crime who could be considered as witnesses.

The district court makes its decision in so-called "large" criminal chambers, which are made up of three or two professional judges and two lay assessors.


The court makes the decision based on its free conviction drawn from the trial. If the court is not convinced of the defendant's guilt, it may not convict him ("In case of doubt for the defendant"). For the proceedings before the large criminal chamber, the accused, who does not yet have a defense lawyer, must be appointed a defense lawyer. The main hearing concludes with the pronouncement of the verdict. If no appeal against the judgment is lodged by the public prosecutor, the accused or any private or joint plaintiff, 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 fees). 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.

An appeal against a district court judgment is an appeal on points of law.

Status: 19.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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