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» Economics » General administrative law » Topics begins with Q » Querulanz

Page modified: Tuesday, July 12, 2011 23:31:59

By Querulanz a lawyer understands the valid making of obviously unsuccessful pleas and redresses or a submitting of requests at authorities or courts without conclusive reason.

Perhaps querulatorische requests can remain rough despite obligation of the authorities for treatment (constitutional state principle), if the offering is incapacitated. Particularly persons, who place constantly obviously unfounded requests at authorities or before court, are called Querulanten.

The Querulantenwahn is a serious mental illness. The criminally liableness in the sense of the penal code can with at the Querulantenwahn got sick reduced or completely waived to be.

However increasingly the insight clears the way that it offends against the human rights, to use the expression "Querulant" to repel in order to minimize the requirement on a fair procedure (see 3 W 187/04 OLG Saarbruecken) or entitled criticism in the law for example at the illegal interpretation of certain laws.

The designation of a plaintiff/accused of as Querulant justifies the embarrassment Richters.Eine such linguistic derailing can only from the world be created, if the judge corrects himself IMMEDIATELY and itself at the party concerned apologetic (see Az.: 1 W 23/01, OLG Frankfurt/Main, from 13 August 2002)

Joachim Hellmer, professor for criminal law and Kriminologie at the University of Kiel and director of the Kriminologi institute of this university means about Querulanz: <br.> " Querulanz is neither a mental disorder nor the business, process or responsibility affecting condition, but the persistent criticism and fearless contradiction against any or bad states, mostly particularly intelligent and sensitive humans, certainly often covered and escalating up to the excess. "Querulanten" were e.g. Michael Kohlhaas, Martin Luther, Voltaire, Galileo Galilei, Giordano Bruno, Fritz Reuter, Heinrich man. "Querulanten" are Martin Sakharov and Solschenizyn.

See also

  • Querulant
  • Querulantenwahn
  • Staatsmobbing

Articles in category "Querulanz"

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