Legal Definitions - lay judge

A lay judge is an individual who participates in judicial proceedings and decision-making but does not possess formal legal training or qualifications as a professional judge. Unlike a jury, which typically determines facts, a lay judge often sits alongside professional judges as part of a judicial panel, contributing to both the factual findings and the application of law, and sometimes even the sentencing. Their role is to bring a citizen's perspective, practical experience, or community values to the court's deliberations.

• Example 1 (Criminal Court - Mixed Panel): In a European country, a serious criminal case involving embezzlement is being heard. The court panel consists of two professional judges and three lay judges. These lay judges are ordinary citizens selected from the community, without legal degrees. They listen to all the evidence, arguments, and witness testimonies alongside the professional judges. During deliberations, they discuss the case together, weigh the evidence, and ultimately vote on both the defendant's guilt and the appropriate sentence, with their votes carrying equal weight to those of the professional judges.

  Illustration: This example demonstrates a lay judge's role in a mixed panel, where they actively participate in determining guilt and sentencing, bringing a non-legal perspective to a complex criminal matter.

• Example 2 (Specialized Court - Labor Tribunal): A dispute arises between an employee and their former employer regarding unfair dismissal. The case is brought before a specialized labor tribunal. The tribunal panel includes a professional judge who is a legal expert, and two lay judges: one nominated by an employer's association and another by a trade union. These lay judges, while not lawyers, possess extensive practical experience in labor relations and workplace issues. They contribute their industry knowledge and understanding of common workplace practices to the panel's discussion, helping to interpret the facts and apply labor laws in a contextually relevant manner.

  Illustration: Here, lay judges provide valuable practical expertise in a specialized field, ensuring that the legal decision considers real-world industry standards and practices alongside pure legal principles.