Emil Niethammer

from Wikipedia, the free encyclopedia

Emil Niethammer (born May 6, 1869 in Stuttgart , † February 19, 1956 in Tübingen ) was a German lawyer and member of the state parliament.

Career

The father was the lawyer and MP Hermann Niethammer (1835–1876). Niethammer was a grandson of Justinus Kerner . He was a Protestant denomination. After graduating from high school in Stuttgart, he studied law at the Eberhard Karls University of Tübingen . In 1889 he became active in the Corps Rhenania Tübingen . He passed the first state legal examination in 1893 with a "3a" as well as the second in 1897.

In the Kingdom of Württemberg he joined the judiciary in 1897 as a public prosecutor and assistant judge. He was the deputy magistrate in Schwäbisch Gmünd in 1899 and 1901 there. In 1905 he became a district judge in Ellwangen. In April 1914, he became a district judge in Stuttgart. From 1914 to 1918 he took part in the First World War, most recently in the rank of major . After the war he was entrusted with the management of the attorney general in Stuttgart. On the New Year of 1921 he was promoted to district court director. In April 1921 he became an unskilled worker with the Reich Attorney General . He became a Reich attorney in October 1922. He was, for example, the prosecutor in the Organization Consul Trial in 1924 before the State Court for the Protection of the Republic . His behavior during the negotiation was criticized ( Berliner Tageblatt : " ... you sometimes wondered if the representative of the republic was really speaking "), his offensive plea was praised by defense attorney Walter Luetgebrune because of his "objectivity" and the verdict went beyond his criminal complaints. He moved to the bench of the Reichsgericht in February 1930. Until 1937 he worked as a Reich Judge . The NSDAP he was not followed. In 1938 he received an honorary doctorate from the " Shock Troop Faculty " in Kiel . From 1935 to 1938 he was a member of the official commissions for the renewal of criminal law within the meaning of the regime and was an expert on Reich and state legislation from 1940 to 1945. He was a permanent employee of the magazine for military law published by Heinrich Dietz . In 1944 he was appointed honorary professor at the University of Tübingen, where he taught criminal law and criminal procedure law.

In 1946 he became a member of the CDU . In 1946 he was the age president of the Advisory State Assembly of the State of Württemberg-Hohenzollern . He was also a member of the state parliament for Württemberg-Hohenzollern as senior president. After Eugen Boeckmann's death , he was appointed President of the Tübingen Higher Regional Court and, in accordance with the state's constitution, resigned from his mandate on October 31, 1947. As President of the Higher Regional Court, he was also, by law, chairman of the State Court of Justice for the state of Württemberg-Hohenzollern . He retired on June 1, 1950. In 1953 he was brought to a major criminal law commission for the second time , in which Eduard Dreher , Edmund Mezger Hans Welzel and Wolfgang Fränkel also sat.

Niethammer was co-editor of the German legal magazine and, since 1946, of the South German law journal . He was a member of the comment by Justus von Olshausen the Penal Code and the comment Leo Rosenberg to the Reich Criminal Procedure and the Judicature Act .

Honors

literature

Web links

Individual evidence

  1. Kösener Corpslisten 1960, 128 , 341
  2. Rudolf Heydeloff: "Star lawyer for right-wing extremists. Walter Luetgebrune in the Weimar Republic", in Vierteljahrshefte für Zeitgeschichte 32, No. 4 (1984) ( PDF ), p. 393ff .; Heinrich Hannover , Elisabeth Hannover-Drück : Political Justice 1918–1933 . Fischer, Frankfurt a. M. 1966 (new edition 1987), p. 141ff.
  3. Lothar Gruchmann : Justice in the Third Reich 1933 - 1940. Adaptation and submission in the Gürtner era , 3rd improved edition Munich 2001, p. 68.
  4. ^ Klaus Schüle: The State Court and the Administrative Court of Württemberg-Hohenzollern. Law series, Vol. 144. Pfaffenweiler 1993, p. 67