Diethelm Klesczewski

Diethelm Klesczewski (born October 25, 1960 in Braunschweig ) is a German lawyer and professor at the University of Leipzig .

Career

Diethelm Klesczewski completed his Abitur in 1980 in Braunschweig at the Martino-Katharineum . In the same year he started studying law at the University of Hamburg (Faculty of Law I) for the winter semester . In 1985 he graduated with the first state examination in law. From 1986 Klesczewski was a research assistant at the Department of Legal Philosophy at the University of Hamburg. There he was in 1990 with the study "The role of punishment in Hegel's theory of civil society" Dr. iur. PhD. After the second state examination in 1992 before the Hanseatic Higher Regional Court in Hamburg, Klesczewski became a research assistant at the Department of Legal Philosophy at the University of Hamburg. In 1998 he completed his habilitation there with a thesis on independence and the accessory nature of involvement in a criminal offense .

On May 1, 2001, Klesczewski accepted a position at the University of Leipzig, where he has held the chair for criminal law, criminal procedure law, European criminal law and legal philosophy since then. He is a member of the Institute for Fundamentals of Law at the Faculty of Law, of which he was acting director from November 2003 to January 2004. He is a member of the examination board of the State Justice Examination Office of Saxony . He has been a member of the Faculty Council since October 1, 2005. He is chairman of the board of the Academia Philosophia Iuris association .

In 2001 and 2008, Klesczewski was a member of the statute committee of the BTSV Eintracht Braunschweig .

Klesczewski is married and has one daughter.

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In his research, Klesczewski is primarily concerned with criminal law, criminal procedure law, telecommunications law and legal philosophy.

He emerged on the philosophy of law through his dissertation on Hegel and his essays on a theory of injustice, on the restriction of self-defense and on humanitarian intervention, which are largely based on Kant's ideas. Also with the organization of summer schools on legal philosophical topics through the association Academia Philosophia Iuris e. V. (in association with the Institute for Fundamentals of Law), Klesczewski pursues the purpose of examining basic questions of the time in terms of legal philosophy (www.apiuris.de). One focus is on basic criminal law research and the theories of social justice.

In criminal law, Klesczewski emerged with his habilitation thesis on participation teaching. He also pursued this interest through a series of articles in compilations. In its outline for the general part of criminal law, this participation theory is integrated into the general basic concepts of criminal law. In addition, a research focus is on the systematic presentation of the special section of the Criminal Code. Here Klesczewski came out with the textbook on the special part of criminal law, which was published by Mohr Siebeck in 2016. In the 6th edition of the Nomos Commentary on the Criminal Code, Klesczewski and H.-U. Paeffgen edit the regulations on political criminal law.

A second edition of the floor plan is available on criminal procedural law. A particular focus of Klesczewski's procedural work is investigative interventions in telecommunications secrecy. With this in mind, he explained the relevant standards of the TKG in the first three editions of the Berlin Commentary on this law.

The law of administrative offenses, on which the second edition of a textbook was published in 2016, has been added to these two specialist areas. Here, the general principles of material and formal criminal law, which Klesczewski developed in the works just mentioned, are related to the matter of so-called administrative injustice and its prosecution. Of course, Klesczewski also attaches great importance to working out the uniqueness of this area of ​​law, which is expressed in an independent interpretation of the norms of the Law on Administrative Offenses .

An outline of European criminal law is in the process of being published.

Publications (selection)

• The role of punishment in Hegel's theory of civil society. Duncker et al. Humblot, Berlin 1991.
• with Christian Schößling: criminal files. Luchterhand, Munich / Unterschleißheim 2004, ISBN 3-472-04524-8 .
• Criminal procedural law. 2nd edition (with the collaboration of Thomas Giering and Katrin Hawickhorst). Vahlen, Munich 2013, ISBN 978-3-8006-4606-7 .
• Commentary on Sections 88–99, 101–107, 110–114, 148, 149 TKG. in: FJ Säcker (Ed.): Berlin Commentary on the Telecommunications Act. 3rd edition, Verlag Recht und Wirtschaft, Frankfurt / Main 2013, ISBN 978-3-8005-1557-8 .
• Administrative offense law. A textbook, 2nd edition, Vahlen, Munich 2016.
• Criminal Law - General Part, 3rd edition. Universitätsverlag Leipzig 2017, ISBN 978-3-86583-728-8 .
• Criminal Law - Special Part, Textbook on Criminal Law of the Federal Republic of Germany , Mohr Siebeck Tübingen 2016, ISBN 978-3-16-152918-4
• Kant's differentiation of the concept of justice as a guide for distinguishing between forms of injustice. in: ARSP. Beiheft 66, 1997, pp. 77-103.
• A double-edged right - On the basis and limits of self-defense in a pre-positive system of permission sentences. in: M. Kahlo, M. Köhler and R. Zaczyk (eds.): Festschrift for Ernst Amadeus Wolff on his 70th birthday. Berlin 1998, pp. 225-246.
• Affect-biased acting as a reason to distinguish between wrong and guilt in the special part of the StGB. in: ed. D. Klesczewski: Affect and criminal law. First interdisciplinary symposium of the Leipzig Faculty of Law June 15, 2002. Leipzig Legal Lectures, Issue 55, Leipzig 2004, pp. 57–98.
• The humanitarian intervention - the last veto of practical reason ?. In: ed. D. Klesczewski, Steffi Müller, Frank Neuhaus: Kant's doctrine of correct law. Fundamenta iuris series, mentis Verlag, Paderborn, 2005, pp. 143–160.
• Section 371 (4) AO as a unique item under tax criminal law. in: Leipzig Legal Yearbook 2007/2008. Pp. 9–23 (together with S. Kreuter).
• The limited accessories of participation in murder. in: ed. C. Degenhart: Festschrift of the Faculty of Law on the 600th anniversary of the founding of the University of Leipzig. Berlin 2009, pp. 489-510.
• “Football fans are not criminals!” - Critical comments on the stadium ban practice. in: R. Kauerhof (Ed.): Spectators as disturbers - stadium bans and recourse claims. Leipzig University Press 2010.
• The basic forms of participation dogmatic system formation - a foray through Europe with critical intent, in: Criminal Law Science as Analysis and Construction, Festschrift for Ingeborguppe on his 70th birthday, ed. v. H.-U. Paeffgen et al. 2011, pp. 613-634.
• Investigation of criminal offenses on the Internet. in: ZStW 123. 2011, p. 733ff.
• "Social dividend, taken literally", in: In: D. Klesczewski, Steffi Müller-Mezger, Frank Neuhaus: From the idea of ​​common property to the project of an unconditional basic income series fundamenta iuris, mentis Verlag, Münster, 2013, pp. 9–34 .
• On the restriction of fraud under European law, in: Festschrift for Bernd Schünemann on his 70th birthday, ed. v. R. Hefendehl u. a., 2014, pp. 1085-1098.
• On differences in the responsibility of the participants in the criminal law of a civil society and in international criminal law - thoughts on the peace process in Colombia, ZIS 2017, 428–438
• Comment on the resolution of the Karlsruhe Higher Regional Court of January 3, 1994 -2 Ss 173 / 92–. in: StV 1994, p. 530 f. (Utilization of eavesdropping protocols in criminal proceedings because of false statements).
• Comment on the judgment of the Federal Court of Justice of April 30, 1997, Az .: 2 StR 670/96. in: JZ 1998, pp. 313-315. (On the criminal liability of prison staff for obstruction of punishment by failure to report criminal offenses by their colleagues).
• Internal market promotion through storage obligations? Comment on ECJ, Az. C-301/06 = HRRS 2009 No. 297 (data retention). in: HRRS. 2009, pp. 250-252.
• Comment on the judgment of the Federal Court of Justice of October 30, 2009, Az .: V ZR 253/08 (stadium bans). in: JZ. 2010, pp. 251-254.
• Comment on the judgment of the BVerfG of March 2, 2010, Az .: 1 BvR 256/08 (data retention). in: JZ. 2010, pp. 629-631.
• Comment on the judgment of the Federal Court of Justice of April 29, 2009, Az .: 1 StR 701/08 (audio trap in custody). in: StV. 2010, pp. 462-465.

Web links

• Literature by and about Diethelm Klesczewski in the catalog of the German National Library
• Internet presence of the Chair for Criminal Law, Criminal Procedure Law and European Criminal Law on uni-leipzig.de