Bundesgerichtshof in the context of "Federal Constitutional Court of Germany"

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⭐ Core Definition: Bundesgerichtshof

The Federal Court of Justice (German: Bundesgerichtshof [bʊndəsɡəˈʁɪçtsˌhoːf] , BGH [beːɡeːˈhaː] ) is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, de facto the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law.

In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as investigating judges in criminal investigations led by the Public Prosecutor General for a small number of exceptional offenses (such as crimes against humanity and the formation of terrorist organisations). As such, they are responsible for issuing search and arrest warrants, among other things.

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Bundesgerichtshof in the context of Public Prosecutor General (Germany)

The Public Prosecutor General at the Federal Court of Justice (German: Generalbundesanwalt or Generalbundesanwältin beim Bundesgerichtshof [GBA], lit.'General Federal Attorney at the Federal Court of Justice') is the federal prosecutor of Germany, representing the federal government at the Bundesgerichtshof, the federal court of justice. The office of the Public Prosecutor General is located in Karlsruhe. Besides its role in appellate cases, the Public Prosecutor General has primary jurisdiction in cases of crimes against the state (in particular terrorism, espionage and treason), and offences under the Völkerstrafgesetzbuch (genocide, crimes against humanity and war crimes). The Public Prosecutor General also represents Germany in certain civil and administrative cases.

The Federal Minister of Justice proposes the Public Prosecutor General with the approval of the Bundesrat to the President of Germany for appointment. The Public Prosecutor General is considered a political official. He is supposed to share the criminal and security policy views and objectives of the respective acting federal government and can be recalled without outspoken reasons at any time. He is subject to the supervision of the Federal Minister of Justice.

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