Ersatzschöffen

Ersatzschöffen are substitute lay judges in the German judiciary. They assist in criminal trials by sitting on panels with professional judges when regular lay judges (Schöffen) are unavailable or when their participation is required for a case. They are non-professional citizens who are elected to the office for a five-year term by municipal councils from among eligible residents of the court district. They typically must be at least 25 years old, not older than 69 at election, and must meet statutory requirements to serve; they are sworn in and receive training in their duties.

In trial practice, Ersatzschöffen have the same voting rights as regular Schöffen in proceedings that involve lay participation, such as serious offenses handled by Amtsgerichte (local courts) and Landgerichte (regional courts). They participate in the deliberations and verdicts, and in appropriate cases contribute to sentencing in accordance with the law, subject to the professional judge’s oversight. If a Schöffe is unable to participate, the Ersatzschöffen may replace them for that specific case.

Legal basis and structure: The institution is part of Germany’s mixed tribunal system, with the selection and duties governed by the Strafprozessordnung (Code of Criminal Procedure) and state regulations. Ersatzschöffen are thus integrated into the broader framework that combines professional judges with lay participation in the judiciary.

See also: Schöffen, Strafprozessordnung, German judiciary.