Schöffen

Schöffen are lay judges in Germany who sit in criminal trials together with professional judges. They are ordinary citizens selected to participate in the administration of justice and to ensure that verdicts and sentences reflect the public sense of justice. In criminal proceedings at the Amtsgericht (local court) and the Landgericht (regional court), Schöffen participate in deciding questions of guilt and, where applicable, the severity of punishment. They have equal voting rights in the panel with professional judges, and their votes are binding on the outcome of the case.

Selection and tenure: Schöffen are elected for four-year terms from ordinary residents of the district. They are drawn from lists of candidates maintained by municipalities in coordination with the regional court and must meet basic eligibility requirements, including citizenship and residency, as well as suitability; certain disqualifications apply. They are usually required to undergo training and are supported by alternates (Ersatzschöffen) to replace them when needed.

Role and conduct: Schöffen do not typically have legal qualifications, but they learn the basics of criminal procedure and relevant law for the cases they hear. They participate in trials, take notes, ask questions, and deliberate with the professional judge(s) after the hearing. They do not participate in civil or administrative matters, which are decided by professional judges alone.

Statutory framework and geography: The precise organization of Schöffen panels—such as the number of lay and professional judges on a panel—varies by federal state and by court type. The institution is designed to reflect a tradition of lay participation in justice and accountability in public affairs.