Eberhard Schmidt (legal scholar)

Eberhard Ludwig Ferdinand Schmidt (born March 16, 1891 in Jüterbog ; † June 17, 1977 in Heidelberg ) was a German legal scholar and professor of criminal law and criminal procedure law .

Life

The son of a doctor attended the Melanchthon high school in Wittenberg and did his military service in the navy. From 1910 to 1913 he studied law in Berlin and Göttingen, followed by a doctorate in 1913. jur. at the Georg-August-Universität Göttingen , after a short military service and a position in the Reich Ministry of the Interior, in 1920 the habilitation for criminal law, criminal procedural law and Prussian legal history at the University of Berlin with Franz von Liszt .

Schmidt was a professor in Breslau (1921–1926), Kiel (1926–1929) and Hamburg , where he last held office as rector or vice rector in 1933/34 . In this capacity, on November 11, 1933, he gave one of the speeches given by professors at German universities and colleges to Adolf Hitler and the National Socialist state . Nevertheless, he turned against the violation of the rule of law in the National Socialist judiciary, in particular military justice . He was a permanent employee of the magazine for military law published by Heinrich Dietz .

From 1935 to 1945 Schmidt taught as a full professor for criminal law, criminal procedure law, legal philosophy and history of German law at the law faculty of the University of Leipzig . During the Second World War he worked temporarily as a military lawyer and in 1945 was taken prisoner by the Americans .

As early as 1945 to 1948 he was again full professor for criminal law and criminal procedure law at the Georg-August-Universität Göttingen and in 1948 was appointed as successor of Gustav Radbruch at the Ruprecht-Karls-Universität Heidelberg , where he was re-elected rector in 1952/53. In addition to his teaching activities, he took part in the criminal law reform of the Federal Republic of Germany as head of the commission for white collar crime at the Economic Council (1947–49) and as a member of the Great Criminal Law Commission (1954–59) . Schmidt wrote standard works of German law.

Memberships and honors

• Heidelberg Academy of Sciences
• Academy of Sciences in Göttingen
• Austrian Academy of Sciences
• Academy of non-profit science in Erfurt
• Saxon Academy of Sciences
• Dr. med. hc from the University of Göttingen (1951)
• Order of Merit of the Federal Republic of Germany , Large Federal Cross of Merit with Star (1971)

Fonts

• Teaching commentary on the Code of Criminal Procedure and the Courts Constitution Act (Vol. I, 1952; II, 1957; III, 1960; 2 supplementary vol. To II, 1967/70)
• Introduction to the history of German criminal justice (= jurisprudence in individual presentations, vol. 1), Göttingen 1947
• The doctor in criminal law (= Leipzig legal studies, issue 116), Leipzig 1939
• Co-author in: Working reports of the Academy for German Law : Appeal of the Wehrmacht Criminal Proceedings , 1938

literature

• Simone von Hardenberg: Eberhard Schmidt (1891–1977). A contribution to the history of the rule of law , Berlin 2009 ISBN 978-3-428-12906-5
• Ernst Klee: The dictionary of persons on the Third Reich. Who was what before and after 1945? , Frankfurt / M. 2003, p. 544
• Manfred Messerschmidt and Fritz Wüllner: The Wehrmacht Justice in the Service of National Socialism - Destroying a Legend . Nomos-Verlag, Baden-Baden 1987. ISBN 3-7890-1466-4 .
• Arnd Koch:  Schmidt, Eberhard. In: New German Biography (NDB). Volume 23, Duncker & Humblot, Berlin 2007, ISBN 978-3-428-11204-3 , p. 181 f. ( Digitized version ).

Web links

• Literature by and about Eberhard Schmidt in the catalog of the German National Library
• Works by and about Eberhard Schmidt  in the German Digital Library
• Newspaper article about Eberhard Schmidt in the press kit of the 20th century of the ZBW - Leibniz Information Center for Economics .
• Catalog of professors at the University of Leipzig