‘Experiencing (in)justice’ is a teaching format developed by Prof. Dr. Margrit Seckelmann and Prof. Dr. Sascha Ziemann in which students re-enact a reconstructed court hearing from the past and reflect on questions of right and wrong as well as individual culpability in cases of systemic injustice. The moot court is intended to bring to life Section 5a (2) sentence 3 (2nd half) of the German Judges Act, which establishes the examination of injustice under the Nazi and SED dictatorships as an integral part of legal education.
At the beginning of the semester, the roles of the parties to the proceedings were assigned to the students by lot. In addition to the defendant, the public prosecutor, the defence and the joint plaintiff, roles were also assigned to experts in legal philosophy, who introduced the historical background and the question of how to deal with systemic injustice using the so-called Radbruch formula. The students prepared their statements for the final court simulation over the course of the semester, and in the meantime, a meeting was held to discuss the legal issues on the basis of previously submitted written papers (particularly with regard to the applicability of justifications under the GDR Border Act).
The trial
On 3 July 2025, the time had come: the moot court room filled with the parties to the proceedings and the audience. First, Prof. Dr. Sascha Ziemann outlined the historical situation of the first Wall shooter trial (BGHSt 39, 1), which formed the basis of the case. Then the case was called, everyone stood up and the court entered. The (fictional) 20th day of the trial began. It started with the end of the hearing of evidence, in which the defendant first made a statement and then the experts Dr Kelsen and Dr Radbruch were examined. After the end of the hearing of evidence, the closing arguments of the prosecution, the joint plaintiffs (represented by lawyers) and the defence followed. As always, the defendant had the last word.
A special highlight of the event was the presiding judge, RiAG Dr Christine Franzius, currently seconded to the Itzehoe Regional Court. At the invitation of Prof. Seckelmann, she contributed her judicial experience and was able to lend the moot court an authentic character.
The hearing concluded, of course, with the court's verdict. The audience, acting as a jury in accordance with elements of Anglo-American law, decided on the guilt or innocence of the defendant. The verdict was clear: guilty. When the judge announced the guilty verdict handed down by the jury, a murmur went through the hall.
Outlook
The proseminar is to be continued in future with other historical cases and marked the beginning of a corresponding series, which is to be continued in the coming summer semester.
Impressions
Impressions of the event can be viewed at this link.
