Page:The Bonn Constitution (Basic Law FRG 1949).pdf/44

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decision of the Federal Constitutional Court.

(3) If the court of a Land, in interpreting the Basic Law, intends to deviate from a decision of the Federal Constitutional Court or the constitutional court of another Land, the said constitutional court must obtain the decision of the Federal Constitutional Court. If, in interpreting other federal law, it intends to deviate from the decision of the Supreme Federal Court or a higher federal court, it must obtain the decision of the Supreme Federal Court.

Article 101

(1) Extraordinary courts shall be inadmissible. No one may be prevented from appearing before his lawful judge.

(2) Courts for special matters may be established only by law.

Article 102

The death sentence shall be abolished.

Article 103

(1) Everyone brought before a court shall have a claim to proper legal hearing.

(2) An act may be punished only if it was punishable by law before the act was committed.

(3) No one may be punished more than once on account of the same act in pursuance of the general criminal laws.

Article 104

(1) The freedom of the individual may be restricted only on the basis of a formal law and only with due regard to the forms prescribed therein . Detained persons may be subjected neither to physical nor mental ill-treatment.

(2) Only the judge shall decide on the admissibility and continued duration of a deprivation of liberty. If such deprivation is

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