Office-holder is after German right that, which stands by a certain employment, order, an entrusting or a service relationship to a public authority and a public office dressed. The term is not congruent therefore with that of the official.

It can itself thereby with the office-holder both around an official, and around a person in an other public service relationship (e.g. minister) to act or otherwise the fulfilment public tasks were ordered or appointed. Meaning attains the term of the office-holder not only in the administrative law and in the state liability law, but also within the range of the criminal law, if the complicity of Amtsdelikten (predominant 30. Section of the StGB) to be determined must.

The term of the office-holder is legally defined in "§ 11 No. 2 StGB.

Office-holders are thereafter:

• An official
• Judge
• further persons, those in a public office relationship stand (notaries, Ministers and persons on an equal footing, parliamentary undersecretaries of state, parliament presidents)
• other persons, who are ordered in addition, tasks of the public administration to notice (e.g. employee or worker).

Thus also private law subjects, as far as they are tied up organizational at an authority or a body of the public right, know office-holders its (e.g. coworker of the public savings banks and service forces of the professional associations).

Office-holders implement office business.

Exclusions

Probably notaries fall as Beliehene under the office-holder characteristic, on attorneys do not apply the office-holder characteristic not, although they are after "§ 1 of the Federal Law lawyer order "“free organs of the justice"”. Soldiers are no office-holders, act however as national function carriers. After "§ 48 WStG they are then office-holders partly on an equal footing.

Persons, who become publicly active

Other persons can be only office-holders if they act in the function sovereign. To in addition-count activities also leading are in institutions and enterprises of the public precaution for existence, even if them as organization under private law (GmbH in 100%iger working group of the local body) forwards. of local hospitals like also managing directors of savings banks can be regarded as office-holders.

It is not substantial thereby whether the activity in the principal office happens or honorary. Perhaps also junior lawyers, persons in the Probezeit or trainees can have office-holder status.

Articles in category "Office-holder"

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