Definition of terms: Stages with a focus on criminal law
The term stages with a focus on criminal law in the context of German legal education refers to the various training phases (stages) during the legal clerkship (Referendariat), which in particular deepen the field of criminal law in both theory and practice. These stages provide legal trainees with the opportunity to acquire and deepen comprehensive knowledge and practical experience in criminal law. The structure of these stages is determined by the requirements of the respective state judicial examination offices and is subject to state-specific regulations.
Legal bases and systematics
Legal framework in legal education
The implementation and substantive design of the stages with a focus on criminal law during the legal clerkship are primarily governed by the German Judiciary Act (DRiG) as well as the state-specific training and examination regulations. The justice administrations of the federal states implement these requirements in their own training and examination regulations.
Structure of the stages in the legal clerkship
The legal clerkship is divided into several stages, of which in particular the criminal law stage and, often, the elective stage may have a focus on criminal law:
- Civil law stage
- Criminal law stage
- Administrative stage
- Lawyer stage
- Elective stage
Within this structure, legal trainees usually complete at least one stage with a specific focus on criminal law.
An overview of the criminal law stage
Aims and educational content
Die Criminal law stage is aimed at the practical teaching of criminal law knowledge. The focus is on substantive and procedural aspects of criminal law. The legal trainees gain insight into the working methods of state prosecution authorities, criminal courts, and potentially also criminal defense lawyers.
Substantive criminal law
In particular, the following are covered:
- General Part of the Criminal Code (StGB)
- Special Part of the StGB (e.g., property and economic offenses, offenses against physical integrity)
- Supplementary statutes (e.g., Narcotics Act, Juvenile Court Act)
Criminal procedure law
Key topics include:
- Course of criminal proceedings (investigation, intermediate proceedings, main proceedings, legal remedies)
- Rights and obligations of participants in the proceedings
- Typical procedural actions (search, pre-trial detention, indictment, judgment)
Training locations and activities
The practical training during the criminal law stage usually takes place at a public prosecutor’s office and/or a criminal court. Additional locations may include law firms specializing in criminal law or authorities with a criminal law focus.
Typical practical tasks
- Preparation of indictments
- Drafts for dismissal orders and penalty orders
- Participation in investigative measures (e.g., interrogations, house searches)
- Courtroom service during main hearings
- Preparation of legal opinions and statements
The elective stage with a focus on criminal law
The so-called Elective stage offers legal trainees the opportunity to choose their own area of interest. The stage can be completed in institutions with a focus on criminal law, for example at:
- Criminal defense lawyers
- Federal Criminal Police Office or State Criminal Police Offices
- General Public Prosecutor’s Office
- International organizations with a criminal law nexus (e.g., International Criminal Court)
Substantive design
The substantive focus is agreed upon individually and, in addition to procedural and client-related work, may also include participation in criminal law research or teaching activities.
Legal significance of stages with a focus on criminal law
Professional relevance
The intensive training in criminal law qualifies graduates to take on responsible positions, particularly in the field of criminal justice, for example as prosecutors, judges, or criminal defense lawyers.
Relevance for examinations
Scientific and practical understanding of the stages with a focus on criminal law regularly forms part of the second state law examination (Assessor exam). Examination performances may include the preparation of criminal law case studies, courtroom representations, and practical work in the field of criminal law.
Stages with a focus on criminal law in other training formats
In addition to the traditional legal clerkship, other training and further education formats also offer the opportunity to complete stages with a focus on criminal law, such as:
- Internships during studies in criminal law
- Advanced training and seminars by public or private institutions
- Observerships at international courts or prosecutorial authorities
Summary
Stages with a focus on criminal law refer to those training sections of the legal clerkship and comparable formats in which comprehensive theoretical and practical knowledge in the field of criminal law is imparted. The structural and substantive design is based on the legal requirements of the respective training regulations. These stages are an essential component of legal education and lay the foundation for responsible work in the field of criminal justice administration.
Literature references and web links:
- German Judiciary Act (DRiG)
- State examination regulations of the Ministries of Justice (for example, laws on legal training of the federal states)
- Information portals of the Ministries of Justice on training and legal clerkship
This article is designed for inclusion in a legal lexicon and presents the content in a factual, precise, and comprehensive manner.
Frequently Asked Questions
What tasks typically arise during the criminal law stage?
During the criminal law stage, legal trainees are mainly introduced to the practical procedures and activities revolving around criminal proceedings. Among the most common tasks are reviewing files in the context of investigative and main proceeding records, preparing legal opinions and statements on criminal law issues, drafting indictments, penalty orders, as well as dismissal orders, processing criminal complaints, and preparing and recording court hearings or interrogations. In addition, regular participation is expected in hearings at court, the public prosecutor’s office, or with defense lawyers, sometimes with trainees taking over tasks themselves, such as reading out decisions or posing questions during evidence collection. Finally, pleadings and the preparation of appeals are also among the typical requirements.
To what extent is independent work already expected during the criminal law stage?
From the very beginning, a high degree of initiative and independent work is expected in the criminal law stage. While supervision is usually provided by a trainer at the court, public prosecutor’s office, or a Rechtsanwalt, trainees are nonetheless required to independently work through facts and legal matters, observe deadlines, and develop their own proposed solutions. This includes, for example, the independent preparation of legal opinions, research into case law and literature, as well as drafting briefs on their own responsibility – all while carefully observing procedural requirements and the legal framework.
What is the significance of recording main hearings during the criminal law stage?
The recording of main hearings is a regularly recurring part of the stage, intended to familiarize trainees with the formal procedure of criminal trials. It is not only an exercise in recording the process in writing, but also trains the accurate perception and structured presentation of legally relevant proceedings. In addition, records frequently serve as the basis for evaluating the main hearing, for example for subsequent reports or the preparation of pleadings and judgments, and provide a deeper understanding of the importance of procedural formalities (e.g., § 273 StPO).
How do trainees review investigation files and what needs extra attention?
When reviewing investigation files, trainees must fully understand and assess the entire course of the investigation. The main focus is on determining whether there is sufficient suspicion for filing an indictment (§ 170(1) StPO) or whether the proceedings should be discontinued (§ 170(2) StPO). It is essential to ensure that all procedural rights of the parties as well as the presumption of innocence and the principle of proportionality are observed. Trainees verify whether evidence has been collected completely and in due form, whether procedural rules (for example, regarding the questioning of suspects under § 136 StPO) have been followed, and whether there are any special procedural obstacles, such as statute of limitations or lack of a criminal complaint.
What is the relevance of deadlines and formal requirements during the criminal law stage?
The observance and fulfillment of statutory deadlines and formal requirements is a central part of practical training and is strictly reviewed throughout. Missing a deadline, for example for filing a motion, appeal, or revision, can result in the invalidity of legal remedies and considerable disadvantages for the parties concerned. The same applies to the drafting of indictments, dismissal orders, or decisions, where compliance with formal requirements (such as those pursuant to § 200 StPO for indictments) must be ensured; errors here can lead to the respective order being unlawful or even void. Knowledge and application of the relevant rules is considered a key learning objective.
What typical sources of error should be particularly observed when handling criminal files?
The most common sources of error include incomplete or incorrect understanding of the facts, failure to observe requirements for criminal liability, and overlooking procedural rights and duties of the participants. In particular, during the assessment of sufficient suspicion, evidentiary problems, procedural obstacles, or questions of concurrence are often missed. Also, the systematic subsumption under the offense and the precise application of procedural rules (e.g., regarding observance of deadlines, issues of jurisdiction or timely granting of the right to be heard) are frequent stumbling blocks. Finally, sometimes what is missing is a formally correct and comprehensible presentation of one’s considerations in the legal opinions or briefs to be prepared.
How is insight into the different roles (prosecution, court, defense) organized during the stage?
The criminal law stage is usually divided into several sections where trainees gain practical experience in each of the central procedural roles – prosecution, criminal judge, and, if applicable, defense. They take on supervised tasks, such as drafting an indictment during prosecutorial work, recording or formulating draft judgments at the criminal court, or writing defense briefs in a law firm. The aim is to develop an understanding of the respective legal tasks, ways of thinking, and scopes of action. In the context of courtroom representations, trainees often independently take on the role of courtroom representative for the prosecution, allowing them to experience and shape the practical conduct of a trial on their own responsibility.