August Wimmer

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August Wimmer (born April 4, 1899 in Krefeld , † December 13, 1988 in Bonn ) was a judge of the Supreme Court for the British Zone and Senate President at the Higher Regional Court in Cologne .

Career

Born in Krefeld in 1899, after graduating from high school and serving in the army, he studied law in Bonn, Cologne and Freiburg / Br. After the first state examination in Cologne in 1922, he received his doctorate in Bonn with distinction as Dr. jur. on "The service provision contracts as contracts for inducing a third party to act" . After the second state examination in Berlin in 1925, he received his doctorate in 1927 in Bonn. phil. with predicate on the topic "About the psychogenic reactions of the sane , their psychological nature and their meaning" . From 1926 he was a research assistant at the Criminal Science Institute of the University of Cologne with Gotthold Bohne(1890–1957), and he was involved in research projects at the Pathopsychological Institute in Bonn with Otto Löwenstein . At the same time, he had been an assistant judge at the local and regional courts in Cologne and Bonn from 1926. In 1933 he became a district judge and criminal judge in Dortmund. His judicial work, which was based on the rule of law and openly directed against National Socialism, led to numerous conflicts with the Gestapo and to disciplinary and criminal proceedings against him. He also refused to separate from his wife, who came from a Jewish family. The president of the regional court in Dortmund "demoted" him to the judge of execution. In this activity he refused to take part in the execution of illegal measures against enforcement debtors. Eventually he was retired in 1937 for the aforementioned reasons. He then worked as managing director of the Verkehrsverlag in Remagen GmbH. In 1944 he was imprisoned in the Gestapo . His wife and daughter were deported from there to a labor camp in Hessisch - Lichtenau, but they survived the Nazi era. August Wimmer and his son were able to flee from further persecution and remain in hiding until the end of the war. In 1945 he became a consultant in the “Justice” department of the Oberpräsident in Düsseldorf and was responsible for rebuilding the judicial authorities and legislative tasks. In December 1946 he was appointed Senate President at the Cologne Higher Regional Court . In 1948 he became judge and deputy chairman of the 1st Criminal Senate at the Supreme Court for the British Zone (OGH BZ). There he was one of the opinion leaders of the natural law renaissance of the post-war period in the criminal prosecution of National Socialist crimes against humanity. After the OGH BZ was dissolved in 1950, he was again President of the Senate at the Cologne Higher Regional Court and chairman of a criminal senate until his retirement in 1964. In 1974, the law and political science faculty of the University of Bonn renewed his doctorate. He was co-editor of the magazines Neue Juristische Wochenschrift and Deutsches Autorecht.

family

He had been married to Marta Löwenstein (1894–1997), a sister of Otto Löwenstein (1889–1965) , since the winter of 1926 . They had two children, the physicist Prof. Dr. Elisabeth Wimmer (* 1927) and the lawyer Prof. Dr. Dr. Raimund Wimmer (* 1935), City Director of Osnabrück 1972–1983 and specialist lawyer for administrative law in Bonn (1983–2005).

Honors

Works

  • Introduction to the English criminal procedure with legal remarks, Bonn 1947 (Rez. Radbruch SJZ 3, Sp. 408).
  • Criminal Law, General Part (Schaeffer's Outline of Law and Economy, Volume 25, Part 1: Dept. 2) 1948.
  • (as ed.) Human rights in a Christian perspective, Freiburg 1953.
  • Negligent injury and endangerment in traffic as a criminal offense and administrative offense in the upcoming law, Düsseldorf 1958
  • For the legal tightening and simplification of our traffic penalties, Munich 1960 (2 editions 1960/61)

literature

  • The judges at the Supreme Court, ZJBl 1948, p. 7.
  • Eduard Dreher , NJW 1969, 650.
  • Friedrich Wilhelm Bosch : "August Wimmer †" , NJW 1989, p. 1660.
  • Werner Schubert : Supreme Court for the British Zone (1948-1950). Reference work on criminal matters-reference work on civil matters-prejudice book of the civil senates. (Legal History Series, Volume 402) Frankfurt am Main 2010, ISBN 978-3-653-00256-0 , p. XX ( PDF excerpt ).
  • Werner Himmelmann, Fates of Judges and Lawyers, in: Gerhard Pauli (Ed.), National Socialism and Justice, Baden-Baden 2002, pp. 60, 66.
  • Helia Daubach in: The work of the OGH BZ, ed. by the President of the OLG Cologne 2015, p. 9 ff.
  • Raimund Wimmer: My father August Wimmer - a Supreme Court Justice for the British Zone. In: The work of the OGH BZ, ed. by the President of the OLG Cologne 2015, p. 37 ff.

Web link

Individual evidence

  1. ↑ different year of birth 1890: Schubert with ZJBL.
  2. ^ Bosch, NJW 1989, p. 1660.
  3. ↑ Leo Peters (ed.): A Jewish childhood on the Lower Rhine. The memories of Julius Grunewald (1860 to 1929), Cologne / Weimar / Vienna 2009, p. 168
personal data
SURNAME Wimmer, August
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH April 4, 1899
PLACE OF BIRTH Krefeld
DATE OF DEATH December 13, 1988
Place of death Bonn