In brief

At the lay assessor court three people decide, two of them lay judges. They have the same vote as the professional judge but do not know the file. For the defence that means anything not said in the hearing does not exist for two thirds of the court.

Jurisdiction

The local court hears offences where no sentence above four years is expected and no committal is under consideration (Section 24 GVG). Within the local court, the single judge decides less serious offences where no more than two years are expected (Section 25 GVG). Anything above that, and serious crimes in any event, goes to the lay assessor court. In extensive cases a second professional judge may be added, forming the extended lay assessor court (Section 29(2) GVG).

Jurisdiction is first determined by the prosecutor in choosing the court named in the indictment. The expected sentence this signals is a useful indication of how the prosecutor views the case.

The lay assessors

Lay assessors are honorary judges elected for five years, currently for the term 2024 to 2028. They are drawn from lists proposed by the municipalities. In the hearing they have full voting rights. Every decision to the defendant’s detriment on guilt or sentence requires a two-thirds majority (Section 263 StPO). At the lay assessor court this means two lay judges can outvote the professional judge.

Lay assessors generally do not see the file. They receive the charge and otherwise experience only the hearing.

What this means for the defence

Before the lay assessor court we speak differently than before a single professional judge. Technical terms are explained, contradictions in witness statements are drawn out in the courtroom and not only in a written submission. Judgments of the lay assessor court can be challenged by an appeal on fact and law to the small criminal chamber of the regional court, which also sits with lay assessors.

General explanation, not advice on an individual case. As of November 2026.