!!!Rechtspflege
Administration of Justice, the execution of Jurisdiction and
Administration of Justice, usually entrusted to the courts. Ordinary
law courts have jurisdiction over civil and criminal cases, commercial
courts over commercial cases (there are separate departments for
insolvency cases), labour and social welfare cases are within the
jurisdiction of industrial and pension tribunals. In commercial courts
and industrial and pension tribunals the court decides as a panel with
lay experts of the fields in question. District courts have separate
departments for non-contentious cases (probate, custody and
guardianship, adoption, legitimations, certifying of documents,
declarations of death, incapacitation etc.) and judicial executions.
Only Vienna has a separate commercial court as well as industrial and
pension tribunals and an execution court. District courts are in
charge of land registers and commercial courts of company registers
(both are computerised). Rechtspfleger are in charge of minor cases
in civil courts, mainly of non-contentious cases and executions and
they also administer the land and company registers. As an exception
Notaries (public) act as court commissioners in probate cases and for
certifying documents. Judges are the main organs of the administration
of justice in public courts, as members of independent administrative
panels ( Unabhaengiger Verwaltungssenat) and of other collegiate
quasi-judicial authorities (conveyance of agricultural land and real
estate). In cases of voluntary arbitration ( Court of Arbitration) the
arbitrators, who are usually experts in the respective field, are
chosen and appointed by the parties involved. In criminal cases the
involvement of lay judges and jurors is required by law, and jurors
are empanelled under threat of punishment. The execution of punishment
(imprisonment) is carried out by prisons.
%%language
[Back to the Austrian Version|AEIOU/Rechtspflege|class='wikipage austrian']
%%
[{FreezeArticle author='AEIOU' template='Lexikon_1995_englisch'}]
[{ALLOW view All}][{ALLOW comment All}][{ALLOW edit FreezeAdmin}]