Law and courts
Recht und Justiz
After reading, you understand who does what in the German legal system: courts, judges, lay judges, lawyers and the police, and the basic rules on punishment.
Laws and permitted punishments
In a state under the rule of law (Rechtsstaat), everyone must follow the laws (Gesetze). The state is also bound by them. This protects every person from arbitrary treatment.
The basis of all laws is the Basic Law (Grundgesetz). Other laws must not contradict the Basic Law.
The Basic Law also sets limits on how the state may punish. The death penalty (Todesstrafe), torture (Folter) and corporal punishment (Prügelstrafe) are not compatible with it. A fine (Geldstrafe) is compatible.
The police and demonstrations
The police (Polizei) protect public order. Their task is to monitor that the laws are observed. They do not pass laws, and they do not defend the country against outside enemies.
Rules apply to demonstrations too. In Germany, people have the right to hold a demonstration (Demonstration). But whoever wants to hold one on the street must register it (anmelden) beforehand.
Registration lets the authorities prepare, for example for traffic and safety. Demonstrations are not forbidden, and no special association needs to be founded.
Courts and trials
A court (Gericht) settles conflicts on the basis of the law. A procedure before a court is called a trial (Prozess).
A trial takes place, for example, when someone is said to have committed a crime (Straftat) and is charged (angeklagt). Changing religion, having a different opinion from the government, or parking wrongly so that the car is towed do not lead to a criminal trial.
There are different courts for different areas. For conflicts at work, for example between an employee and an employer, the labour court (Arbeitsgericht) is responsible.
The Federal Constitutional Court (Bundesverfassungsgericht) is responsible for interpreting the Basic Law. Other courts, such as a local court or an administrative court, do not do this.
Judges and lay judges
A judge (Richter) works at a court and pronounces judgments. In other words, judges administer justice (Recht sprechen). A judge does not govern the country, does not make laws and does not represent one side.
At many trials there are also lay judges (Schöffe). A lay judge is an honorary judge (ehrenamtlicher Richter), which means a volunteer who does this task besides their own job. They do not need to have studied law.
Lay judges decide together with the judges on guilt (Schuld) and punishment (Strafe). They do not give legal advice, do not issue documents and do not defend the accused.
Lawyers and young people
A person who needs legal help can turn to a lawyer (Rechtsanwalt). A lawyer advises on legal questions and represents the client in court. A judge does not do this, because a judge must decide independently.
A public prosecutor (Staatsanwalt) is a different role. The prosecutor brings a criminal case before the court and does not advise citizens.
Children and young people must also follow the law. From the age of 14, young people are criminally responsible (strafmündig). If they break criminal laws, they are punished (bestraft). Their parents do not share the punishment, and they are not simply treated like adults.