Английская Википедия:Emminger Reform
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The Emminger Decree or Emminger Reform (Шаблон:Lang-de, Lex Emminger, or Шаблон:Lang; formally the Шаблон:Lang) was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger (BVP) on 4 January 1924 that among other things abolished the jury as trier of fact and replaced it with a mixed system of judges and lay judges in Germany's judiciary which still exists today.Шаблон:SfnШаблон:SfnШаблон:Sfn
Background
The modern jury trial was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens (Шаблон:Lang).Шаблон:Sfn A Swabian ordinance of 1562 had also called for the summons of jurymen (Шаблон:Lang), and various methods were in use in Emmendingen, Oppenau, and Oberkirch.Шаблон:Sfn Hauenstein's charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in Friburg the jury was composed of 30 citizens and councilors.Шаблон:Sfn In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786.Шаблон:Sfn The Frankfurt Constitution of the failed Revolutions of 1848 called for jury trials for "the more serious crimes and all political offenses"Шаблон:Sfn but was never implemented.
Germany's system whereby citizens were tried by their peers chosen from the entire community in open court was gradually superseded by a system of professional judges, in which the process of investigation was more or less confidential and judgements were issued by judges appointed by the state.Шаблон:Sfn There was an 1873 proposal by the Prussian Ministry of Justice to abolish the jury and replace it with the mixed system.Шаблон:Sfn The jury system was implemented in the German Empire by the Gerichtsverfassungsgesetz (GVG) of 27 January 1877 with the jury court (Шаблон:Lang) consisting of 3 judges and 12 jurymen.Шаблон:SfnШаблон:Sfn The Weimar Republic was created in 1919, when German Empire Chancellor Friedrich Ebert signed the Weimar Constitution into law on 11 August 1919.
On 11 January 1923, the Belgian and French Army initiated the Occupation of the Ruhr that would last until 25 August 1925, in response to the failure of the Weimar Republic to pay the World War I reparations in the aftermath of World War I. In May 1923, Justice Minister Rudolf Heinze (DVP) under Chancellor Wilhelm Cuno attempted to replace the jury system with large lay judge (Шаблон:Lang) courts but was defeated in the Reichstag.Шаблон:Sfn An Article 48 (of the Weimar Constitution) state of emergency was proclaimed by President Ebert on 26 or 27 September 1923, lasting until February 1924, in tandem with the announcement by Chancellor Gustav Stresemann of the end to the resistance against the Occupation of the Ruhr.Шаблон:SfnШаблон:Sfn Hyperinflation in the Weimar Republic would reach its peak in November 1923.Шаблон:Sfn On 8 December 1923, the Reichstag passed an enabling act (Шаблон:Lang) empowering the government to take all measures it deemed necessary and urgent, with regard to the state of emergency, lasting until 15 February 1924.Шаблон:Sfn Acts passed pursuant to Article 48 emergencies and their enabling acts are referred to as Шаблон:Lang, or emergency decrees.
Abolition
On 4 January 1924, Justice Minister Erich Emminger (BVP) under Chancellor Wilhelm Marx (Centre Party) issued the Шаблон:Lang (Emminger Reform), which abolished juries in the Шаблон:Lang, replacing them with a mixed system of three professional judges and six lay judges, but kept the original name.Шаблон:SfnШаблон:SfnШаблон:Sfn The reform was presented as an emergency, money-saving measure in a period of acute financial stringency.Шаблон:Sfn Although a special meeting of the German Bar (Шаблон:Lang) demanded the revocation of the decrees, and the Social Democrats called the reform a flagrant usurpation of the clearly expressed wishes of the Reichstag, the decrees did not cause much commotion.Шаблон:SfnШаблон:SfnШаблон:SfnШаблон:Sfn
Aftermath
The use of lay judges was completely eliminated on the first day of World War II, with the exception of the infamous People's Court.Шаблон:Sfn The jury system has never been reintroduced in Germany, but between 1948 and 1950, prior to the foundation of the Federal Republic of Germany, Bavaria returned to jury trial, as it had existed before the Emminger Decrees.Шаблон:SfnШаблон:SfnШаблон:Sfn In 1974 the number of lay judges in the Шаблон:Lang was further reduced from six to two.Шаблон:Sfn
Notes
See also
References
- Шаблон:Cite journal
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External links
- Шаблон:Lang, 4 January 1924, Reichsgesetzblatt (Reich Law Gazette) I, pp. 15–22
