Section 125
Competence for issuance of warrant of arrest
(1) Prior to the preferment of public charges, it shall be for the judge at the local
court within whose district venue is vested or where the accused is residing to issue
the warrant of arrest upon application by the public prosecution office or, if a public
prosecutor cannot be reached and there are exigent circumstances, ex officio.
(2) After public charges have been preferred, the warrant of arrest shall be issued by
the court seized of the case and, if an appeal on points of law has been filed, by the
court whose judgment is being contested. In urgent cases, the presiding judge may
also issue the warrant of arrest.
Section 126
Competence for further court decisions
(1) Prior to the preferment of public charges, the court which issued the warrant of
arrest shall be competent in respect of further court decisions and measures relating
to remand detention, suspension of its enforcement (section 116), its enforcement
(section 116b) and applications pursuant to section 119a. If the warrant of arrest has
been issued by a court hearing the complaint, jurisdiction shall rest with the court
which gave the preceding decision. If the preparatory proceedings are conducted at
another place or if remand detention is enforced at another place, the court may,
upon application by the public prosecution office, transfer its jurisdiction to the local
court competent for that other place. If that place is divided into more than one court
district, the
Land
government shall issue a statutory instrument determining which
local court is to be competent. The
Land
government may delegate this
authorisation to the
Land
department of justice.
(2) After public charges have been preferred, the court seized of the case shall have
jurisdiction. During proceedings on an appeal on points of law, the court whose
judgment is being contested shall have jurisdiction. Individual measures, in
particular those under section 119, shall be ordered by the presiding judge. In urgent
cases, he may also revoke the warrant of arrest or suspend its enforcement (section
116) if the public prosecution office consents thereto; otherwise, the decision of the
court shall be obtained without delay.
(3) The court hearing the appeal on points of law may revoke the warrant of arrest if
it quashes the contested judgment and in arriving at this decision it is evident that
the conditions of section 120 (1) are met.
(4) Sections 121 and 122 shall remain unaffected.
(5) Where, pursuant to the legislation of the
Länder
concerning the enforcement of
remand detention, a measure requires a prior court order or the approval of the
court, competence shall lie with the local court in whose district the measure is to be
enforced. Where a
Land
maintains a facility for the purpose of enforcing remand
detention on the territory of another
Land
, the
Länder
concerned may agree that
competence shall lie with the local court in whose district the supervisory authority
responsible for that facility has its seat. Section 121b of the Prison Act
(
Strafvollzugsgesetz
) shall apply accordingly to the proceedings.
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