3. Reality in the FRG

Abolition of the separation of powers and control

 

The fact that there is constant switching between the posts of public prosecutor and judge, and even at the same court, has removed the separation of the three state powers required by democracy. Prosecutors, are appointed as judges in the same case and judge their own investigative activities. Or they are appointed as the disciplinary superiors of these judges to judge their investigative work.

 

Here are a few examples of the constant change:

 

Clemens Lückemann (59 years old) in his first position... She bid farewell to Peter Werndl into retirement and at the same time led Clemens Lückemann into the office of the President of the Higher Regional Court of Bamberg ... a... After working as a Public Prosecutor in Würzburg, he moved to the Bavarian State Ministry of Justice in December 1984. There - interrupted by further stations in judicial practice - he was entrusted with a wide variety of tasks .... Most recently, he was promoted to the position of Attorney General in Bamberg in July 2009. In February of this year, he succeeded Peter Werndl as President of the Bamberg Higher Regional Court.

 

Mr Lohneis was ..... a Judge at the District Courts of Lichtenfels and Bamberg, before he joined the Coburg Public Prosecutor's Office as group leader. In 2000, he was appointed Senior Public Prosecutor and almost seven years later Director of the Coburg District Court. Since January 1, 2010, he has been head of the Coburg Public Prosecutor's Office as Chief Senior Public Prosecutor. ...

 

The Chief Senior Public Prosecutor succeeds Friedrich Krauß, President of Coburg Regional Court, who has transferred to the Bamberg Regional Court.

 

http://www.infranken.de/regional/coburg/Anton-Lohneis-wird-neuer-Praesident-des-Landgerichts-Coburg;art214,1141674#no_accepted

Anton Lohneis becomes new President of the Coburg Regional Court

The Senior Public Prosecutor succeeds Friedrich Krauß, who has transferred to the Bamberg Regional Court.

 

 

http://www.vaeternotruf.de/staatsanwaltschaft-coburg.htm

Väternotruf informs about the topic

Coburg Public Prosecutor's Office

 

Raffaele Trotta (born censored by order of the "Berlin Commissioner for Data Protection" in 1964) - Judge at Coburg District Court / Deputy Director at Coburg District Court (from May 01, 2011, ..., 2014) - from 1993 Public Prosecutor in Coburg. Listed in the Handbook of Justice 2002 from Sept. 01, 1996 as a Judge at Kronach District Court (family and then criminal cases). Since 2003 Judge at the Coburg Regional Court, handled first and second instance civil cases and was press officer. Listed in the Handbook of Justice 2004 from April 01, 1989 as Presiding Judge at Coburg Regional Court. Listed in the Handbook of Justice 2008 from Aug. 01, 2007 as Public Prosecutor as group leader at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2014 from May 01, 2011 as Deputy Director at Coburg District Court.

 

Gerold Seifert (born censored by order of the "Berlin Commissioner for Data Protection" in 1951) - Judge at Kronach District Court / Deputy Director at Kronach District Court (from , ..., 2012, ..., 2014) - listed in the Handbook of Justice 1984 from November 1, 1982 as a Probationary Judge in the Bamberg Higher Regional Court district. Listed in the Handbook of Justice 1986 and 1988 from May 01, 1986 as a Public Prosecutor at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 1990 from Nov. 01, 1984 as a Judge at Kronach District Court. Listed in the Handbook of Justice 2002, 2008 and 2010 without mentioning date of birth and commencement of service as a Judge at Coburg District Court. Listed in the Handbook of Justice 2012 and 2014 without mentioning date of birth and commencement of service as Deputy Director at Kronach District Court.

 

Michael Rank (born 1944) -  Chief Senior Public Prosecutor of the Coburg Public Prosecutor's Office (from July 01, 1997, ..., 2009) - Judge at the Coburg Regional Court from 1975. Then Public Prosecutor at the Coburg Public Prosecutor's Office, then Judge at the Kronach District Court for more than eleven years before he returned to the Coburg Public Prosecutor's Office as group leader. In 1994 he was appointed Judge at Coburg District Court as permanent deputy to the director. Then Senior Public Prosecutor at the Coburg Public Prosecutor's Office. From 1997 Chief Senior Public Prosecutor at the Coburg Public Prosecutor's Office.

 

Dr. Friedrich Krauß (born censored by order of the "Berlin Commissioner for Data Protection" in 1952) - Presiding Judge at the Bamberg Regional Court / President at the Bamberg Regional Court (from July 01, 2015, ..., 2016) - initially at the Public Prosecutor's Office in Coburg. Then to the Kronach District Court, the Coburg District and Regional Court as well as to the General Prosecutor's Office and the Higher Regional Court of Bamberg. From 2006 Vice President at the Coburg Regional Court. Listed in the Handbook of Justice 1988 from Jan. 01, 1988 as a Probationary Judge in the Bamberg district of the Higher Regional Court. Listed in the Handbook of Justice 1998 from Febr. 01, 1997 as Public Prosecutor as group leader at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2002 from June 01, 2000 as Senior Public Prosecutor at the Bamberg Public Prosecutor's Office. Listed in the Handbook of Justice 2004 from June 01, 2000 as Vice-President at Bamberg Regional Court. Listed in the Handbook of Justice 2014 from Sept. 01, 2009 as President at Coburg Regional Court. Listed in the Handbook of Justice 2016 from 01.07.2011 as President at Bamberg Regional Court.

 

Anton Lohneis (born censored by order of the "Berlin Commissioner for Data Protection" in 1956) - Presiding Judge at Coburg Regional Court / President of Coburg Regional Court (from , ..., 2015, 2016) - from 1987 Judge at Nuremberg-Fürth Regional Court. After serving as a Public Prosecutor at the Nuremberg-Fürth Public Prosecutor's offices of Nuremberg and Bamberg, he was a Judge at the District courts of Lichtenfels and Bamberg before moving to the Coburg Public Prosecutor's Office as group leader. From June 01, 2000 he was appointed Senior Public Prosecutor, and just under seven years later Director of the Coburg District Court. Since January 1, 2010, he has headed the Coburg Public Prosecutor's Office as  Senior Public Prosecutor. Since June 01, 2000 Senior Public Prosecutor at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2014 from Jan. 01, 2010 as Senior Public Prosecutor of the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2016 from Jan. 01, 2010 as President at the Coburg Regional Court. Information in the Handbook of Justice on taking up office apparently incorrect. July 31, 2015: "The Senior Public Prosecutor of the Coburg Public Prosecutor's Office, Anton Lohneis, will be the new President of the Coburg Regional Court. This was agreed this week by the Presidential Council, the presidential representative body of judges, which was again announced by the Bamberg Higher Regional Court (OLG) in a press release on Friday. Anton Lohneis succeeds Friedrich Krauß, who moved to the Bamberg Regional Court and has been President since July 1. According to the OLG, it has not yet been determined when Anton Lohneis will take up his new office. The certificate of appointment has also not yet been handed over.

 

The chief Public Prosecutor will succeed Friedrich Krauß, who has transferred to the Bamberg Regional Court. - http://www.infranken.de/regional/coburg/Anton-Lohneis-wird-neuer-Praesident-des-Landgerichts-Coburg;art214,1141674#no_accepted

 

Daniel Kolk (born censored by order of the "Berlin Commissioner for Data Protection" 1974) - Judge at the Coburg Regional Court (from , ..., 2014, ..., 2016) - listed in the Handbook of Justice 2006 from Jan.16, 2005 as a Probationary Judge in the Bamberg district of the Higher Regional Court. Listed in the Handbook of Justice 2008 from Jan. 16, 2007 as a Public Prosecutor at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2010 and 2012 from Jan. 16, 2007 as a Judge at Lichtenfels District Court. Listed in the Handbook of Justice 2014 from 16.01.2007 as a Judge at Coburg Regional Court. Information in the Handbook of Justice on taking up office apparently incorrect.

 

Johannes Gründel (born censored by order of the "Berlin Commissioner for Data Protection" 1967) - Judge at Lichtenfels District Court / Deputy Director at Lichtenfels District Court (from Sept. 01, 2011, ..., 2016) - listed in the Handbook of Justice 1998 from Febr. 01, 1997 as a Public Prosecutor at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2004 from Febr. 01, 1997 as a Judge at Coburg District Court. Listed in the Handbook of Justice 2006 and 2012 from Febr. 01, 1997 as a Judge at Lichtenfels District Court. Information in the Handbook of Justice on taking up office apparently incorrect. Listed in the Handbook of Justice 2016 as Director at Lichtenfels District Court from Sept. 01, 2011. 2011, 2012: Cases of care. 2012: Deputy advisory member of the Youth Welfare Committee of the Lichtenfels District. 2014: Deputy director at Lichtenfels District Court.

 

Dr. Christoph Gillot (born censored by order of the "Berlin Commissioner for Data Protection" in 1973) - Presiding Judge at Coburg Regional Court (from Jan. 01, 2015, ..., 2016) - listed in the Handbook of Justice 2002 and 2004 from March 01, 2002 as a Probationary judge in the Bamberg Higher Regional Court district. Listed in the Handbook of Justice 2010 from Dec. 01, 2004 as a Probationary judge at the Coburg Regional Court Listed in the Handbook of Justice 2012 from Aug. 01, 2010 as a Public Prosecutor as group leader at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2014 from May 01, 2011 as a Public Prosecutor as group leader at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2016 from Jan. 01, 2015 as Presiding Judge at Coburg Regional Court.

 

Klaus Budewig (born Nov. 11, 1941) - Judge at Dresden Higher Regional Court / President of Dresden Higher Regional Court (from Aug. 01, 1995, ..., 2004) - 1969 joined the Bavarian judiciary. June 9, 1972 Public Prosecutor at the Coburg Public Prosecutor's Office. 1972 Judge at Coburg Regional Court. 1977 Judge at Bamberg Higher Regional Court. 1980 Presiding judge at Coburg Regional Court. 1986 Head of Bayreuth District Court. 1993 Appointed President of the Coburg Regional Court. From August 1, 1995 President of the Dresden Higher Regional Court. Since 1996 he was Vice-President of the Saxon Constitutional Court; since May 2005 its President.

 

Andreas Bauer (born 1962) - Presiding Judge at Coburg Regional Court (from  Febr. 16, 2006, ..., 2008 ) - listed in the Handbook of Justice 2002 as a Judge at Coburg Regional Court from Oct. 01.10.1992. Listed in the Handbook of Justice 2004 from  March 16, 2003 as a Public Prosecutor at the Coburg Public Prosecutor's Office.

 

Ulrike Barausch (born censored by order of the "Berlin Commissioner for Data Protection" 1964) - Judge at Lichtenfels Local Court / Director at Lichtenfels Local Court (from , ..., 2017 ) - listed in the Handbook of Justice 2002 from March 15, 1996 as Judge at Kronach Local Court. Listed in the Handbook of Justice 2008 from  March 15, 1996 as a Judge at Coburg Regional Court. Listed in the Handbook of Justice 2010 from March 01, 2009 as a Public Prosecutor as group leader at the Coburg Public Prosecutor's Office. Listed in the Handbook of Justice 2016 from  Febr.15, 2011 as Presiding Judge at Coburg Regional Court.

 

Dr. Michael Koch (born censored by order of the "Berlin Commissioner for Data Protection" in 1974) - Public Prosecutor as group leader at the Coburg Public Prosecutor's Office (from May 16, 2015, ..., 2016) - listed in the Handbook of Justice 2008 from April 15, 2007 as a Probationary Public Prosecutor in the civil service at the Coburg Public Prosecutor's Office listed in the Handbook of Justice 2014 from Oct. 15, 2008 as a Judge at the Coburg Regional Court. Listed in the Handbook of Justice 2016 from May 16, 2015 as Public Prosecutor as group leader at the Coburg Public Prosecutor's Office

 

Dr. Philipp Karr (born censored by order of the "Berlin Commissioner for Data Protection" 1971) - Public Prosecutor as group leader at the Coburg Public Prosecutor's Office (from Oct.16, 2013, ..., 2014) - listed in the Handbook of Justice 2004 from Sept. 01, 2002 as Judge/Prosecutor on probation in the Bamberg district of the Higher Regional Court. Listed in the Handbook of Justice 2006 from  March 01, 2005 as Government Councillor in the Bavarian Ministry of Justice. Listed in the Handbook of Justice 2010 from Sept. 11, 2006 as a Judge at Coburg District Court. Listed in the Handbook of Justice 2014 from  Oct.16, 2013 as Public Prosecutor as group leader at the Coburg Public Prosecutor's Office - half position.

 

Ursula Haderlein (born censored by order of the "Berlin Commissioner for Data Protection" 1962) - Senior Public Prosecutor at the Coburg Public Prosecutor's Office / permanent representative of the Senior Public Prosecutor at the Coburg Public Prosecutor's Office (from June 1, 2007, ..., 2014) - from July 01, 2001 Judge at the Coburg District Court.

 

 

http://blog.justizfreund.de/der-luegende-praesident-des-lg-coburg-in-der-ns-unrechts-justiz-einsicht-in-den-geschaeftsverteilungsplan-nur-auf-der-geschaeftsstelle-22-10-2018/

Judge Barausch LG-Coburg: "Your submissions are either not processed or are automatically rejected, as my colleagues all do".

 

Judge Dr. Friedrich Krauß also explained the same thing in a similar way as a witness in court. It was determined that his statement is true and absolutely correct, also by a Public Prosecutor Imhof from Coburg.

 

In the Coburg judiciary, one must not say that the testimony of a judge is/was a lie, but one must declare that it is....

Of course, nobody is in the least biased by this.

The left picture shows Judge Anton Lohneis and Judge Dr. Friedrich Krauß with a friendly grin.

The left picture shows Judge Ulrike Barausch and the president of the OLG-Bamberg ,Judge Clemens Lückemann, with a friendly grin.

Judge Lückemann and Judge Barausch find it okay that complaints from non-lawyers are not processed.

 

The President of the Court is the disciplinary superior of the judges. In this function he is witness, policeman, prosecutor and judge in one person. The function of the judge is only replaced by proceedings before the court (which is again a party). The subject of disciplinary proceedings may already be a corrected clerical error. The court staff is obliged to report this. Family matters can also be the subject of disciplinary proceedings. In addition, there is the criminal offence of the prevention of justice, § 339 StGB. If a judge does not agree with the charge that his superior as public prosecutor has brought, he is threatened with criminal prosecution, in which he loses his office and all rights. In Nuremberg a judge hanged himself in court. If it had been out of lovesickness, he would have done so at home. But he did it in court, as a sign.

 

 

Jura Forum:

https://forum.jurawelt.com/viewtopic.php?t=54390

In Bavaria.

"Anyone who aspires to be a judge in the local business sector is at the same time opting to work as a public prosecutor. In Bavaria, switching between the judiciary and public prosecution is the rule."

 

 

http://www.justiz.bayern.de/berufe-und- ... sanwaelte/

Answer to:

Doesn't it create a certain esprit de corps between the judge and the prosecutor?

It regularly comes to the absurd situation with trial judges that on Friday they were in a department at the Public Prosecutor´s Office and on Monday they are supposed to be judges and negotiate exactly the things. Particularly with youth judges it leads to the fact that they can pack away 1/3 of their cases when changing departments because they are biased. But of course this does not solve the problem that the representative in the hearing was the office neighbour before the weekend.

 

 

 

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