Definition and Classification of the Criminal Law Rotation
The criminal law rotation is a central component of the legal preparatory service in Germany. It represents one of several mandatory rotations during the legal clerkship. During this training phase, legal trainees gain deeper insight into the practical aspects of criminal law. The criminal law rotation aims to impart both theoretical and practical knowledge in areas such as criminal procedure, substantive criminal law, and criminal prosecution. It is mandatory and regularly takes place during the first year of the legal clerkship, with the exact sequence differing depending on the federal state.
Legal Framework of the Criminal Law Rotation
Legal Foundations
The organization and structure of the criminal law rotation are based on the provisions of the German Judiciary Act (DRiG) and the respective laws on legal education (JAG) of the federal states. Detailed regulations can be found in the training and examination regulations of the individual federal states, for example, the “Training and Examination Regulations for Lawyers” (JAPO). The legal requirements particularly relate to the duration, content, process, and examination modalities during the criminal law rotation.
Objectives and Purpose of Training
The aim of the criminal law rotation is to provide trainees with comprehensive knowledge and practical skills in criminal law. This particularly includes:
- Knowledge of Criminal Procedure: From the initiation of an investigation to the indictment through to the pronouncement of judgment.
- Understanding of Practical Procedures: For example, in the field of police investigations, communication between the public prosecutor’s office and the police, as well as judicial activity in criminal proceedings.
- Insight into Typical Activities: This includes drafting indictments, preparing legal opinions, courtroom representation, and writing judgments or rulings.
- Promotion of Legal-Ethical Aspects: The rotation also aims to make the importance of procedural fundamental rights and guarantees tangible.
Process and Organization of the Criminal Law Rotation
Duration and Time Frame
The criminal law rotation generally lasts three months. The exact duration may vary slightly depending on state law. During this time, trainees are assigned to a training position, usually at a public prosecutor’s office. Part of the rotation may also be completed at a regular criminal court. The training is divided into practical work with the respective authorities as well as accompanying instruction, such as study groups.
Training Sites and Organizational Specifics
Typical training sites are:
- Public Prosecutors’ Offices: Trainees are tasked with handling real case files, participate in investigations, and conduct courtroom representation under supervision.
- Criminal Courts: The assignment usually takes place at local or regional courts. Here, trainees gain insight into judicial decision-making, may draft judgments, or participate in main hearings.
- Other Authorities (optional depending on the federal state): Training may also be supplemented at correctional facilities, juvenile courts, or specialized criminal chambers.
Typical Training Content
Common tasks include:
- Drafting indictments and penalty orders
- Drafts of simple rulings, discontinuation orders, and indictments
- Attending hearings as an observer or, after induction, as representative of the public prosecution
- Preparation of draft judgments at the (criminal) court
- Participation in case discussions, study groups, and review sessions
The content varies depending on the specific assignment and the guidelines of the respective training authority.
Assessment and Examinations in the Criminal Law Rotation
Examination Modalities
The criminal law rotation is included in the assessment of the legal clerkship and ultimately in the second state examination in law. Assessment is carried out partly by the training authorities and partly through written assignments (station assignments) which must reflect the trainee’s level of training. In some federal states, an oral presentation of a case file is part of the station evaluation. It is also customary to work on practical cases and participate in simulations (such as court hearings).
Impact on Overall Assessment
The results of the criminal law rotation are incorporated into the overall clerkship grade according to their weighting. Supervisors at the individual training sites (such as prosecutors or judges) provide written evaluations, which are used for assessment. These can be relevant to the final grade in the second state exam, especially if results from the mandatory rotations are counted additively or as partial grades.
Importance of the Criminal Law Rotation during the Legal Clerkship
The criminal law rotation is an indispensable part of legal training. It teaches practical knowledge essential for all professional fields following the clerkship, such as as a judge, prosecutor, or Rechtsanwalt in criminal law. It plays a crucial role in applying theoretical knowledge, making independent decisions, and sharpening the understanding of the roles of participants in criminal proceedings.
Further Special Features
Variants and Options
In some states, there is the option to complete parts of the criminal law rotation abroad or to choose special alternative rotations with different criminal law focuses, for example in business criminal law or organized crime.
Continuing Education during the Rotation
Trainees generally participate in supplementary seminars, study groups, and case discussions. These accompanying courses are organized by state judicial administrations and are a mandatory part of training.
Literature and Web Links
- German Judiciary Act (DRiG)
- <a href="https://www.bmj.de/DE/themen/service/links/linksnode.html”>State laws on legal education (Overview)
- <a href="https://www.justiz.bund.de/DE/Themen/BerufeRechtspflege/Juristen/Referendariat/Referendariatnode.html”>Information about the legal preparatory service
- Ulrich Eisenberg: “Criminal Law, Criminal Procedure Law, and the Criminal Law Rotation during the Clerkship,” published by C. H. Beck
- Training and Examination Regulations of the Federal States (e.g. JAPO Bavaria, JAG North Rhine-Westphalia)
Summary
The criminal law rotation is an indispensable mandatory component of the legal preparatory service in Germany. It serves the practical training in the field of criminal law and prepares future fully qualified lawyers for activities in various segments of criminal justice. In terms of content, it focuses on imparting knowledge of criminal law and criminal procedure as well as developing practical skills. Successful completion is a prerequisite for passing the second state examination in law.
Frequently Asked Questions
How is file processing handled during the criminal law rotation?
File processing is a central component of the criminal law rotation in the legal preparatory service and serves to deepen the practical and theoretical knowledge of trainees in criminal law. As part of file processing, trainees are regularly given exercises based on real or fictional investigation or court files. They prepare statements, indictments, applications to compel prosecution, draft penalty orders, or judgments. The processing is done independently, but always according to the instructions and focus of the respective supervisor. Typical tasks also include preparing processing notes, particularly regarding jurisdiction, criminal liability, and evaluation of evidence. The completed tasks are then discussed with the supervisor, who provides constructive feedback and learning tips. File processing helps trainees to master the specific methodology of criminal law opinions, handling of investigation files, and procedural considerations in detail.
What role does the trainee assume during the main hearing?
During the criminal law rotation, trainees are expected to become familiar with various roles in the main hearing and sometimes to take them on actively. Depending on their assignment to the court or prosecutor’s office, trainees usually participate in main hearings as representatives of the prosecution or as associate judges in lay judge or juvenile courts. Typically, the trainee, acting as prosecutor, conducts their own trial service, prepares indictments, makes applications for gathering evidence or conducting proceedings, and pleads independently. During courtroom representation, particular attention must be paid to the correct application of the Criminal Procedure Code (StPO), legally sound drafting of motions and pleadings, and compliance with judicial instructions. Taking on these tasks is intended to develop forensic skills and provide deep insights into the hearing process.
What specific procedural questions often arise during the criminal law rotation?
During the criminal law rotation, trainees increasingly encounter procedural problems that are regularly tested in state exams. Common issues include the lawful implementation of police investigative measures such as searches and seizures (§§ 102 ff. StPO), legal requirements for pre-trial detention (§ 112 StPO), evaluation and exclusion of evidence (§§ 136a, 251 StPO), as well as questions regarding termination of proceedings (§§ 153, 170(2) StPO). Other key topics include the permissibility of procedural delays, access to files (§ 147 StPO), and legal remedies against prosecutorial and judicial decisions. The practical application and identification of sources of error are particularly emphasized during the training.
How does cooperation with the public prosecutor’s office work?
During a significant part of the criminal law rotation, trainees are assigned to the public prosecutor’s office and work closely with the designated department head. They handle investigation files including legal review, attend meetings and witness interviews, and assist in drafting indictments, penalty orders, or discontinuation orders. Under the supervision of the instructor, trainees perform typical tasks of a prosecutor such as filing charges, applying for coercive measures, or deciding on further steps in investigation proceedings. Courtroom service is another typical task, where independent responsibility is assumed for criminal trials. Close coordination with the department head ensures that professional questions are clarified and sources of error identified at an early stage.
What examination requirements must be fulfilled during the criminal law rotation?
During the criminal law rotation, various examination requirements must be fulfilled, which can vary depending on the federal state and training center. Generally, one or two written exams in criminal law are required, addressing typical issues related to courtroom service or prosecutorial opinions. Additionally, several case file exercises must be completed, with the scope and quality of these tasks often contributing to the station grade. Successful completion of the rotation generally also requires proof of active participation in courtroom service and in training meetings. In some states, participation in or conduct of role plays, presentations or short talks is mandatory. At the end, a station certificate is issued, evaluating the practical skills and commitment of the trainees.
Are trainees permitted to appear independently in criminal proceedings?
Yes, trainees can appear independently in criminal proceedings as part of their station training, subject to certain conditions. This applies particularly to so-called courtroom service before the criminal judge or lay judge court, where they represent the prosecution on behalf of and under the supervision of the public prosecutor’s office. The scope of independent activities is limited by training guidelines and the instructions of the instructor, especially for complex or particularly significant cases. Representation before the court serves practical training and imparts essential skills for the future career entry.
What typical sources of error should be avoided in the criminal law rotation?
Recurring sources of error regularly arise during the criminal law rotation, and knowledge and management of these are central training objectives. These include, in particular, overlooking or incorrectly assessing procedural formal requirements, such as when ordering and carrying out coercive measures. Errors in determining the subject-matter and local jurisdiction of courts, incorrect classification of criminal statutory elements, and lack of diligence in the evaluation of evidence are also typical problem areas. Legal uncertainty in handling terminations of proceedings or lack of knowledge regarding file management can also lead to serious training errors. Intensive file studies, timely consultation with the instructor, and a structured work approach are essential to avoid these issues.