Bertram Schmitt

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Bertram Schmitt (born September 9, 1958 in Dieburg ) is a German lawyer and legal scholar . Since 2005 he has been a judge at the Federal Court of Justice . He has been on leave of absence from this position since taking up his post as a judge at the International Criminal Court in 2015.

Life

Bertram Schmitt was born in Dieburg in Hesse. After completing his legal studies with the first state examination in 1983, he first became a research assistant at the Johann Wolfgang Goethe University in Frankfurt am Main . There he did his doctorate in 1985 under Friedrich Geerds with a thesis on criminology on the subject of bodily harm at football games . In 1988 Schmitt passed the second state examination. In the spring of 2000, he was appointed honorary professor at the University of Würzburg , where he taught criminal law , criminal procedure law and criminology.

Judges in national courts

In 1991 he joined the justice service of the state of Hesse. He first worked in a criminal chamber and a civil chamber and then in the 12th large criminal chamber of the Darmstadt Regional Court . After a secondment to the Frankfurt Higher Regional Court , Schmitt was appointed presiding judge at the regional court in 1999. As chairman he headed two criminal chambers, u. a. a youth chamber. In 2005 he was appointed judge at the Federal Court of Justice. He was there first to the XI. Assigned to the civil senate of the Federal Court of Justice , which deals with banking, stock exchange and securities law. Subsequently, he was a member of the 2nd criminal division of the Federal Court of Justice , which ruled, among other things, in the Siemens corruption affair that the facility was “black cash” as infidelity . Since 2012, Schmitt has been assigned to the 4th Criminal Senate with half of his workforce . In 2008 he was appointed head of the press office of the Federal Court of Justice for criminal law, the civil law area was assigned to Wolfgang Eick . Schmitt sees his task as a revision judge in “making criminal law manageable and bringing it into line with the rule of law ”.

Judge in supranational courts

Since 2009 he has worked as an ad hoc judge at the European Court of Human Rights and as a representative of Germany in the joint supervisory body of Eurojust . In December 2014 he was proposed by the German government for election as judge at the International Criminal Court . On December 10, 2014, he was elected judge at the International Criminal Court in the sixth ballot by the Assembly of States Parties. He was elected via the nomination list A for candidates with proven competence in the field of criminal law. He took office on March 11, 2015 and is attached to the Main Trial Division of the Court.

Publications (selection)

As an author and editor, Schmitt has published widely in the field of criminal law. His commentary on the German Code of Criminal Procedure , which he wrote together with Lutz Meyer-Goßner until 2017, is one of the most important standard works, especially for criminal law practice.

  • Criminal Procedure Code: StPO - Courts Constitution Act, ancillary laws and additional provisions , currently in the 63rd edition 2020, ISBN 978-3-406-74541-6 , until 2017 together with Lutz Meyer-Goßner .
  • Judicial assessment of evidence in criminal proceedings. A study on the nature and function of the criminal procedural principle of 'free evaluation of evidence' as well as on the possibilities and limits of a revision in criminal matters , 1993, ISBN 9783795008345 .
  • Physical injuries at football games: a criminological study of typical manifestations and consequences for the application of criminal law and the relationship between state criminal justice and the criminal authority of associations , 1985, ISBN 3795009073 .

Web links

Individual evidence

  1. ↑ Press release No. 72/2005 of the Federal Court of Justice of May 11, 2005 on the appointment as judge at the Federal Court of Justice
  2. ↑ a b Bertram Schmitt: The criminal worker Frankfurter Allgemeine Zeitung of May 18, 2009
  3. ↑ Press release No. 109/2008 of the Federal Court of Justice on the appointment as head of the press office
  4. ↑ Nominations ( Memento of the original from August 21, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Assembly of States Parties. Last seen on May 7, 2014.  @1@ 2Template: Webachiv / IABot / www.icc-cpi.int
  5. ↑ 2014 - Election of six judges - Results ( Memento of the original from June 26, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . Assembly of States Parties. Last seen December 13, 2014.  @1@ 2Template: Webachiv / IABot / www.icc-cpi.int
personal data
SURNAME Schmitt, Bertram
BRIEF DESCRIPTION German lawyer, judge at the Federal Court of Justice and honorary professor at the University of Würzburg
DATE OF BIRTH September 9, 1958
PLACE OF BIRTH The castle