Citation

Kruse K. Blutalkohol 1976; 13(3): 185-186.

Copyright

(Copyright © 1976, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The author criticises the fact that, according to the legislation at present in force in the Federal German Republic, in cases of so called inner divergence (that is, when there are differing opinions on points of law expressed by different courts of law all operating within the jurisdiction of a provincial supreme court), no possibility exists to secure the desirable concurrence of judicial opinion. This is in contrast to the situation which exists when there is a divergence of opinion between one provincial supreme court and another, or when a provincial supreme court differs from the federal supreme court. In these cases there is a statutory obligation that points of law should be defined and made binding on all courts. The author therefore recommends to the legislature an amendment to section 124 Abs 2 GVC of the legal code which would preclude the possibility of such an inner divergence.