Germany does not have jury duty in the American or British sense. There is no random pool of citizens summoned to sit apart from the judge and decide a verdict on their own. Instead, Germany uses lay judges called Schöffen, ordinary citizens who sit on the bench next to professional judges and vote with them on guilt and sentence. They are full members of the court, not a separate body.
What Lay Judges Actually Do
During a trial, Schöffen hear the same evidence as the professional judges, can question witnesses with the presiding judge’s direction, and take part in deliberations afterward. Their vote counts equally with a professional judge’s on every question before the panel, including guilt and sentencing.1Encyclopedia Britannica. Schoffe
That equal vote carries real weight because of how convictions work. Under the German Code of Criminal Procedure, any decision against a defendant on the question of guilt requires a two-thirds majority of the panel.2Federal Ministry of Justice (Germany). Code of Criminal Procedure – Section 263 On a three-person panel of one professional and two Schöffen, that means all three must agree to convict. A single dissenting lay judge can block a conviction. On the larger five-person panel used for serious crimes, at least four votes are needed.
German court culture also leans toward consensus. Professional judges are expected to treat lay judges as partners, and panels usually work toward agreement in deliberation rather than hurrying to a vote.3Cambridge Core. Juries, Lay Judges, and Mixed Courts – In the Name of the People
Which Cases Use Lay Judges
The seriousness of the charge decides whether lay judges are involved at all. Petty offenses punishable by up to two years go before a single professional judge with no Schöffen. Mid-level offenses carrying up to four years in prison go to a Schöffengericht at the local court (Amtsgericht): one professional judge and two lay judges.4Landgericht Bonn. Witnesses and Lay Judges
Serious crimes move up to the regional court (Landgericht), where the Große Strafkammer hears the case with three professional judges and two lay judges.1Encyclopedia Britannica. Schoffe Smaller panels at the regional court also hear criminal appeals from the local courts, again with lay judges.4Landgericht Bonn. Witnesses and Lay Judges
Lay participation also exists outside criminal law in the labor, social, and administrative courts, usually with specialized selection rules.5ENS Paris. The Role of Lay Judges in Germany If you are called as a Schöffe, though, it will be for criminal cases.
Who Can Serve
Eligibility is set by the Courts Constitution Act. A criminal lay judge must be a German citizen, live in the relevant municipality, and have sufficient command of German. The age window runs from 25 at the start of the term to under 70, with anyone who would turn 70 before the term starts excluded. People who cannot freely manage their own assets and those whose health would prevent them from serving are also ineligible.6Federal Ministry of Justice (Germany). Courts Constitution Act – Section 33
Some groups are barred outright. Anyone convicted of an offense punishable by more than six months in prison cannot serve, nor can a person currently under investigation for a serious charge. Judges, prosecutors, lawyers, police officers, and certain other justice-system professionals are excluded to avoid conflicts of interest.
How Lay Judges Are Chosen
There is no random summons. Every five years, each municipality compiles a list of nominees. Local councils put candidates forward, and a selection committee at the local court picks the required number of Schöffen from that list by a two-thirds vote, along with alternates for anyone who later drops out.7WIPO. Courts Constitution Act – Sections 36, 40, and 42
Selected lay judges serve the full five-year term. Service is a civic duty, not optional, and employers must release employees for scheduled court days. The law aims to cap each Schöffe at no more than twelve ordinary session days per year, so the burden is spread across a large pool of citizens.8Federal Ministry of Justice (Germany). Courts Constitution Act – Section 43
Pay and Time Commitment
There is no salary, but lay judges are compensated for lost earnings and expenses. As of 2026, the standard rate covers actual lost wages up to €29 per hour. Longer cases pay more: lay judges called for more than 20 days in the same case can receive up to €55 per hour, and those serving more than 50 days up to €73 per hour. Schöffen who are not employed or who lose no earnings still receive €7 per hour as general time compensation.9Bundesportal. Honorary Judges – Application for Compensation
Session days are scheduled in advance, so service can be planned around. Employers cannot penalize workers for taking the time off.
How This Differs From American or British Jury Duty
In common law systems, a jury is a separate body of citizens whose job is to decide questions of fact, mainly whether the defendant is guilty.10Legal Information Institute. Question of Fact Jurors do not sit with the judge, do not take part in sentencing, and deliver a verdict without explaining their reasoning.
German Schöffen do the opposite on each of those points. They sit on the bench with the professional judges, deliberate with them directly, vote on both guilt and sentence, and contribute to the court’s written reasoning. There is no separate jury room and no moment when citizens file out to decide the case alone. One mixed panel does everything.
Selection also runs differently. American jurors are typically pulled from voter or driver’s license rolls for a single trial and dismissed when it ends. German lay judges are nominated by their community, selected by committee for a five-year term, and return to court repeatedly through that period. The German model produces lay judges who build up some courtroom experience; the common law model prizes the fresh perspective of a citizen seeing the system for the first time.