Elmar Brandstetter

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Elmar Brandstetter (born April 16, 1908 ; † unknown) was a German lawyer . From 1957 to 1967 he was a Bundeswehr disciplinary attorney .

Life

Brandstätter studied law . According to the East German media, he was a judge-war judge or judge-judge from 1935 to 1942. Later he was a senior judge at the High Command of the Army (OKH) and court judge in Vienna.

After the Second World War, his name appeared in the GDR's Brown Book without any information going beyond the positions he held . For the Institute for Occupation Issues at the Eberhard Karls University in Tübingen , he collected declarations from former Wehrmacht judges on jurisdiction in occupied France (1940-1944) in the 1950s , which he considered - also based on documented statements - by the historian Claudia Bade from HAIT in Dresden Debt relief was designed.

Brandstätter was initially a representative in the interim committee of the European Defense Community (EVG) in Paris. He subsequently headed the Directorate Military personnel in the office Blank and was in 1955 as Councilor deputy Eberhard Barth III in the Department (Legal) and acting director of Directorate VIII A (Civil, Public and International Law) in the Ministry of Defense in Bonn, the at that time was headed by Franz Josef Strauss (CSU). He was u. a. responsible for the Handbook of Defense Law (1956). Brandstätter was then from 1957 to 1967 Federal Armed Forces disciplinary attorney at what was then the Federal Disciplinary Court , where at least three other former Wehrmacht judges were employed in the Adenauer era.

After the war he was a permanent contributor to the Neue Zeitschrift für Wehrrecht , as he had previously done in the Zeitschrift für Wehrrecht .

Fonts (selection)

1933-1945

  • with EH Hoffmann: The law book of the German armed forces . C. Heymann, Berlin 1936.
  • with EH Hoffmann: Handbook of Defense Law . 2 volumes, 2nd edition, C. Heymann, Berlin 1939.

after 1945

  • Impunity Act of December 31, 1949. Commentary. With particular emphasis on the general principles of amnesty law . Attenkofer, Straubing 1950.
  • (Ed.): Code of Criminal Procedure (StPO) in the version dated September 12, 1950, together with the Courts Constitution Act, Youth Courts Act, Reich Tax Code, Economic Criminal Law and all ancillary laws that are important for practical application . Heymann, Berlin a. a. 1951. (edited with Oswald Bussenius, 2nd revised edition 1971)
  • (Erl.): Law on Exemption from Punishment 1954. Law on the waiver of penalties and fines and the suppression of criminal and fine proceedings. With particular emphasis on the general principles of amnesty law . Vahlen, Berlin a. a. 1954.
  • (Ed.): Volunteer Act with subsidiary laws, draft soldiers law, draft fitness exercise law. Text collection with explanations, notes and official reasons . Heymann, Cologne a. a. 1955.
  • (Ed.): Handbook of Defense Law. Complete collection of all laws, ordinances and edicts in the field of defense. With permission, notes, overviews and detailed indexes . Heymann, Cologne a. a. 1956 ff. (Continued by Hans-Günter Schwenck and Rudolf Weidinger )

literature

Web links

Individual evidence

  1. a b Detlef Garbe : From "terrible lawyers" and their concern about the "power of the troops". Wehrmacht deserters and the armed forces justice in the post-war period . In: Michael Th. Greven , Oliver von Wrochem (Ed.): The war in the post-war period. The Second World War in politics and society in the Federal Republic . Leske and Budrich, Opladen 2000, ISBN 3-8100-2619-0 , pp. 51-76, here: p. 68.
  2. Norbert Podewin (Ed.): Braunbuch . War and Nazi criminals in the Federal Republic and in Berlin (West) . 3rd edition, reprint of the edition [Berlin, Staatsverlag der DDR], 1968, Edition Ost, Berlin 2002, ISBN 3-360-01033-7 , p. 150.
  3. Claudia Bade : "As a guardian of true discipline ...". Networks of former Wehrmacht lawyers and their history politics . In: Joachim Perels , Wolfram Wette (Ed.): "With a pure conscience" [electronic resource]. Military power judges in the Federal Republic and their victims . Structure Digital, Berlin 2011, ISBN 978-3-8412-0363-2 , o. P.
  4. Astrid M. Eckert : Struggle for the files. The Western Allies and the return of German archive material after the Second World War (= Transatlantic Historical Studies . Vol. 20). Steiner, Stuttgart 2004, ISBN 3-515-08554-8 , p. 324.
  5. Frank Nägler : The wanted soldier and his change. Personnel armament and internal leadership in the years of establishment of the Bundeswehr from 1956 to 1964/65. [A publication by the Military History Research Office] (= Security Policy and Armed Forces of the Federal Republic of Germany . Vol. 9). Oldenbourg, Munich 2010, p. 162.
  6. 3rd cabinet meeting of the Federal Government on November 13, 1957, Item 1: Personal details