Andreas Mosbacher

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Andreas Mosbacher (born February 14, 1967 in Mainz ) is a German legal scholar and a judge at the Federal Court of Justice since 2013 .

University career

Mosbacher studied law and philosophy at the Universities of Heidelberg and Cologne from 1988 to 1993 . He then worked for two years from 1993 to 1995 as a research assistant to Georg Küpper at the Chair of Criminal Law and Criminal Procedure Law at the University of Potsdam , where in 1999 he worked on criminal law and self-harm: the criminal liability of “victimless” crimes in In light of Kant's legal philosophy for Dr. jur. received his doctorate.

Judicial career

In 1998, Mosbacher joined the judicial service as a probationary judge and subsequently worked at the Charlottenburg District Court , the Berlin Public Prosecutor's Office and the Berlin Regional Court . In June 2001 he was appointed judge for life as a judge at the Berlin Regional Court, where he was initially a member of several civil and criminal chambers . From April 2004 to December 2006 he was a research assistant at the in Leipzig -based 5th Criminal Division of the Federal seconded. After his return to the Berlin Regional Court in 2007, he was appointed provisional director of a large criminal chamber and shortly thereafter a commercial criminal chamber . In October 2007 he was promoted to presiding judge at the regional court, as which he headed various criminal chambers, in particular a large commercial criminal chamber.

In March 2012, Mosbacher was elected judge at the Federal Court of Justice. On May 2, 2013, he was appointed and assigned to the 1st Criminal Senate . In 2017 he moved to the 5th criminal senate .

Outside employment

Mosbacher is an honorary professor for criminal law and criminal procedure law, in particular white collar crime and revision law, at the University of Leipzig and was also a lecturer at the University of Potsdam . Furthermore, he is co-editor of the Neue Zeitschrift für Wirtschaftsstrafrecht (NZWiSt) and member of the editorial board of the Neue Zeitschrift für Strafrecht (NStZ) , publishes in comments, in particular on ancillary and white-collar crime, as well as in manuals and specialist journals and regularly gives specialist lectures.

Other public work

In 2003 Mosbacher founded the Potsdam Wilhelm von Humboldt Association for the Promotion of Legal Philosophy , of which he has been chairman since then. As a member of the Corporate Compliance working group of the Institute for European Affairs, he is co-author of the code to differentiate between legal customer care and corruption. In 2012, Mosbacher founded the Berlin Walter Serner Society in honor of the author who was shot by the National Socialists in 1942. In 2016 he wrote the article “Wie primitive Urmenschen” - a late apology ( Neue Juristische Wochenschrift 2016, p. 30 ff.), In which he apologized on behalf of the Federal Court of Justice for its “gypsy judgments” passed in the 1950s.

Publications

  • Ignor, Alexander; Mosbacher, Andreas: Handbuch Arbeitsstrafrecht: Personal responsibility as a criminal liability risk , 3rd edition, Verlag Boorberg, Stuttgart 2016, ISBN 978-3-415-05520-9
  • SchwarzArbG and AÜG in: Joecks, Wolfgang; Miebach, Klaus (Ed.): Munich Commentary on the Criminal Code Volume 7, Secondary Criminal Law II , Verlag CH Beck, Munich 2015, ISBN 978-3-406-60297-9
  • Chapter 12.4. Illegal employment of foreigners in: Achenbach, Hans (Ed.): Handbuch Wirtschaftsstrafrecht , 4th edition, Verlag CF Müller, Heidelberg 2015, ISBN 978-3-8114-6019-5
  • Sections 95 to 98 of the Residence Act in: Fritz, Roland; Vormeier, Jürgen (Ed.): Community commentary on the Residence Act , loose-leaf, Luchterhand publishing house, ISBN 978-3-472-05322-4
  • 12. Section of the OWiG in: Scherf, Uwe; Schmieszek, Hans-Peter; Viefhues, Wolfram (Ed.): Electronic legal traffic , Verlag CF Müller, Heidelberg 2006, ISBN 978-3-8114-3321-2
  • Lemke, Michael; Mosbacher, Andreas: Regulatory Offenses Act Commentary, 2nd edition, Verlag CF Müller, Heidelberg 2005, ISBN 978-3-8114-0862-3
  • Mosbacher, Andreas: Criminal law and self-harm: the criminal liability of “victimless” crimes in the light of Kant's legal philosophy , dissertation, Verlag Springer, Berlin 2001, ISBN 978-3-540-41615-9

Web links

Individual evidence

  1. a b c d e f g CV of Andreas Mosbacher , biographical information on the website of the University of Giessen, status 2010 (accessed on July 18, 2016)
  2. ↑ Specimen copy of criminal law and self-harm: The criminal liability of “victimless” crimes in the light of Kant's legal philosophy = DNB 960375724 in the catalog of the German National Library.
  3. a b c d e f Press Release No. 82/2013 of the Federal Court of Justice of May 2, 2013 (accessed on July 18, 2016)
  4. a b c Speaker presentation by Andreas Mosbacher at the Compliance Summit 2014 ( Memento of the original from July 17, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the Federal Association of Corporate Lawyers (accessed on July 18, 2016) @1@ 2Template: Webachiv / IABot / www.buj.net
  5. Federal Courts: New Judges Appointed , juve.de, Tanja Podolski, April 17, 2012 (accessed July 18, 2016)
  6. Division of responsibilities 2017 of the Federal Court of Justice (accessed on March 9, 2017) (PDF; 328 kB)
  7. Division of responsibilities 2016 of the Federal Court of Justice (accessed on July 18, 2016) (PDF; 328 kB)
  8. ^ University of Leipzig - Faculty of Law - Honorary Professors (accessed on July 18, 2016)
  9. Lectures as a lecturer , biographical information on the website of the University of Gießen, status 2010 (accessed on July 18, 2016)
  10. Corporate Compliance Working Group ( Memento of the original from July 17, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the INEA Institute for European Affairs (accessed July 18, 2016)  @1@ 2Template: Webachiv / IABot / inea-online.com
  11. Code of differentiation between legal customer care and corruption of the Corporate Compliance working group, 2010 (accessed on July 18, 2016) (PDF; 1460 kB)
  12. Berliner Walter Serner Gesellschaft (accessed on July 18, 2016)
  13. After 60 years: BGH judge Mosbacher apologizes for “Gypsy judgments” by the Federal Court of Justice , Robert Dübbers, www.jurion.de, January 18, 2016 (accessed on July 18, 2016)