Entscheidungs 504Präs29/20d. OGH, 30-07-2020
| ECLI | ECLI:AT:OGH0002:2020:504PRA00029.20D.0730.000 |
| Record Number | JJT_20200730_OGH0002_504PRA00029_20D0000_000 |
| Date | 30 Julio 2020 |
| Judgement Number | 504Präs29/20d |
| Court | Oberster Gerichtshof (Österreich) |
Beschluss
Der Ablehnungsantrag des ***** gegen den Präsidenten des Oberlandesgerichts Graz vom 18. Juni 2020 wird zurückgewiesen.
Begründung:
Voraussetzung für die Zulässigkeit eines Antrags auf Ablehnung eines Richters wegen Ausschließung ist dessen konkret-aktuelle Kompetenz zur Entscheidung in einer Sache des Ablehnungswerbers (vgl Lässig, WK-StPO Vorbem zu §§ 43 bis 47 Rz 4, § 45 Rz 7 mwN).
Diese Voraussetzung liegt hier nicht vor: Der Präsident des Oberlandesgerichts Graz weist in seinem Vorlagebericht zutreffend darauf hin, dass sich der Antrag des Ablehnungswerbers auf den bereits gefassten Beschluss vom 26. Mai 2020 bezieht (GZ 1 Ns 18/20s), mit dem der Präsident des Oberlandesgerichts Graz über einen Antrag auf...
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