Albin Eser

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Albin Eser (born January 26, 1935 in Leidersbach ) is a German criminal law scholar .

Life

Albin Eser grew up as the son of a tailor in a Spessart village. From September 1946 he attended the humanistic grammar school and the Kilianeum in Miltenberg . Eser studied law in Würzburg (1954/55), Tübingen (1955/56) and Berlin (1956/57). He passed the first state examination in law in Würzburg. After studying in New York at the Institute of Comparative Law (1960/61) as a Fulbright scholar with the support of the Ford Foundation, Eser received his doctorate in 1962 and passed his assessor examination in 1964. During the same period he was a research assistant with Paul Mikat , from 1964 to 1969 with Horst Schröder .

Eser completed his habilitation in 1969 at the University of Tübingen with a criminal law thesis and was then professor in Bielefeld , Tübingen and Freiburg (until 2003). He worked as a part-time judge at the Hamm Higher Regional Court and the Stuttgart Higher Regional Court . In Freiburg, from 1982 until his retirement in 2003, he was Director of the Max Planck Institute for Foreign and International Criminal Law and thus at the same time a Scientific Member of the Max Planck Society . From 2004 to 2006 Eser worked as an ad litem judge at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. The universities of Krakow (Poland), Huancayo (Peru) and Waseda (Tokyo, Japan) awarded him an honorary doctorate.

Albin Eser's academic work focuses on medical criminal law , international criminal law and international criminal law .

Albin Eser was awarded the Order of Merit 1st Class of the Federal Republic of Germany in 2004.

Works (selection)

  • Delimitation of criminal offenses and administrative offenses, Diss. Würzburg 1961 (with Walter Sax ).
  • The principle of "Harm" in the concept of crime, LL.M. - Work 1962.
  • The criminal penalties against property. Dogmatic and legal-political studies on confiscation, rendering useless and profit decline, Habil. Tübingen 1969 (with Horst Schröder ).
  • Perception of legitimate interests as a general justification. At the same time an experiment on the protection of legal interests and evolutionary law, Bad Homburg vor der Höhe / Berlin / Zurich 1969, online .
  • Company courts in the administration of criminal justice: new ways to deal with petty crime in the GDR. (Extended version of the Tübingen inaugural lecture from January 1970) Tübingen 1970, online .
  • Schönke / Schröder , Commentary on the Criminal Code, from 18th edition, Munich 1976,
- Introduction, pp. 1–5.
- Preliminary remarks on § 1,
- Nullum crimen sine lege - election confirmation (§§ 1, 2),
- Scope - International criminal law (§§ 3–12),
- attempt and withdrawal (§§ 22-24),
- forfeiture and confiscation (Sections 73-76a),
- criminal offenses against foreign states (§§ 102-104a),
- Crimes against constitutional organs (Sections 105-108e),
- Crimes against national defense (Sections 109-109k),
- Resistance to state authority (Sections 110–121),
- Offenses against life (Sections 211–222),
- Offenses against personal freedom (Sections 234–241a),
- Theft and embezzlement (§§ 242-249),
- Robbery and extortion (§§ 249-256),
- Criminal self-interest (Sections 284–302f).

from 19th edition

- Bodily harm (§ 223), pp. 1482–1501.

from 21st edition

- Endangering areas in need of protection (Section 329).
  • “Obligation to maintain life and discontinuation of treatment from a legal point of view”, in: Alfons Auer / Albin Eser / Hartmut Menzel: Between healing mission and euthanasia. On termination of treatment from an ethical, medical and legal point of view, Cologne 1977, online .

literature

  • Eric Hilgendorf (Ed.): The German-language criminal law science in self-portrayals. Berlin / New York 2010, pp. 75ff.

Web links

personal data
SURNAME Eser, Albin
BRIEF DESCRIPTION German criminal law scholar
DATE OF BIRTH January 26, 1935
PLACE OF BIRTH Leidersbach