Lay judges are persons who have been elected to serve as honorary judges. They are involved in criminal proceedings at local and regional courts.
For the election of lay judges, a list of candidates is drawn up by the political community, in which all groups of the population are to be adequately represented according to gender, age, occupation, and social status. This list of candidates is discussed and decided upon by the city or municipal council. Interested citizens can also register themselves with their city or municipality to be included in the list of candidates. The actual election of lay judges is then carried out by the lay judge election committee for a term of five years. Re-election for a further term of office is possible.
In the local courts, lay judges serve on the so-called lay judges' courts. These are responsible for cases of medium-level crime with a maximum sentence of up to four years and are composed of one professional judge and two lay judges. Cases of more serious crimes are heard before the grand criminal chambers of the regional courts. These are composed of two or three professional judges and two lay judges.
Lay judges are independent in the exercise of their duties and are subject only to the law. Like professional judges, they are bound to objectivity and impartiality. As representatives of the people, they are expected to contribute to maintaining public confidence in the judiciary through the exercise of their honorary office. It is also very important that lay judges contribute their life experience and expertise to the proceedings.
Lay judges perform their honorary judicial duties in the same way as professional judges. They decide jointly on both the question of guilt and the severity of the sentence. In deliberations and voting, lay judges have the same voting rights as professional judges and are expected to decide impartially based on their impressions gained during the main hearing. For this reason, unlike professional judges, they have no knowledge of the contents of the files relating to the respective proceedings.
As a rule, lay judges are required to attend meetings twelve times a year. In accordance with the Judicial Remuneration and Compensation Act (JVEG), they are reimbursed for loss of earnings and travel expenses. In addition, they receive attendance fees for their voluntary work.
We are no longer accepting applications for the 2024 to 2028 term of office.