Section 208
(repealed)
Section 209
Competence to open proceedings
(1) If the court with which the bill of indictment has been filed considers the
jurisdiction of a court of lower rank in its district to be established, it shall open the
main proceedings before such court.
(2) If the court with which the bill of indictment has been filed considers the
jurisdiction of a court of higher rank to whose district it belongs to be established, it
shall submit the files through the public prosecution office to such court for decision.
Section 209a
Special functional jurisdictions
For the purposes of section 4 (2), section 209 and section 210 (2), the following
shall be deemed equivalent to courts of higher rank:
1.
the special criminal divisions pursuant to section 74 (2) and sections 74a
and 74c of the Courts Constitution Act within their district vis-à-vis the
general criminal divisions and amongst themselves in the order designated
in section 74e of the Courts Constitution Act and
2.
the youth courts vis-à-vis the courts competent for general criminal matters
of the same rank when it comes to decisions on whether cases are to be
tried before the youth courts
a) under section 33 (1), section 103 (2) sentence 1 and section 107 of the
Youth Courts Act or
b) as youth protection matters (section 26 (1) sentence 1, section 74b
sentence 1 of the Courts Constitution Act).
Section 210
Appellate remedies against order opening or refusing to open proceedings
(1) The defendant cannot contest the order by which the main proceedings were
opened.
(2) The public prosecution office shall be entitled to lodge an immediate complaint
against an order refusing the opening of the main proceedings or an order by which,
in deviation from the application of the public prosecution office, the proceedings
have been referred to a court of lower rank.
(3) If the court hearing the complaint allows the complaint, it may at the same time
decide that the main hearing is to be held before another chamber of the court which
made the order pursuant to subsection (2) or by a neighbouring court of the same
rank and in the same
Land
. In proceedings in which a higher regional court has
decided in the first instance, the Federal Court of Justice may decide that the main
hearing shall be held before another panel of the same court.
Do'stlaringiz bilan baham: |