Erich Emminger

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Erich Emminger

Erich Emminger (born June 25, 1880 in Eichstätt ; † August 30, 1951 in Munich ) was a German lawyer and politician (initially the Center Party , then from 1918 the Bavarian People's Party (BVP)). He was a member of the Reichstag from 1913 to 1933, and in 1923/24 he was Reich Minister of Justice .

Life

Emminger was the son of a high school professor and a notary's daughter, began studying law in Münster after graduating from high school and became a member of the Askania Catholic student association . After passing his exams, he initially worked as a lawyer in Augsburg and Nuremberg, then from 1909 as a district judge and public prosecutor in Augsburg. In 1919, as a public prosecutor, he obtained a guilty verdict for murder, which was overturned after several years in retrial as a miscarriage of justice. In 1913 Emminger entered the Reichstag for the Center Party . In 1918 he became a member of the BVP. For them he was a member of the Reichstagin all eight legislative periods from 1920 to 1933: I (from June 1920 ), II (from May 1924) , III (from December 1924) , IV (from May 1928) , V (from September 1930) , VI (from 1932) , VII (from November 1932) and VIII (from March 1933) .

In the Weimar Republic , Emminger was Reich Minister of Justice in the Marx I cabinet from November 30, 1923 to April 15, 1924 . During his term of office there was a judicial reform, the so-called "Emminger-Novellen", which concerned procedural law : The ordinance on the procedure in civil disputes of February 13, 1924 ( RGBl . I 135ff.) Changed the ZPO and the ordinance on court constitution and criminal justice of January 4th (RGBl. I 15ff.) the StPO and the GVG , with which, among other things, the old jury court (separation of judges and jury banks with separation of criminal and guilty questions) was abolished and in its place the unified judges' bench three professional judges and six jurors stepped up. Emminger resigned because the center in Bavaria wanted to put up its own candidates for the Reichstag, competing with the BVP. After the National Socialists came to power , he voted for Hitler's Enabling Act , but withdrew from politics after his party was dissolved and continued his judicial career.

Emminger became a judge at the Bavarian Supreme Court and after its dissolution in 1935 at the Munich Higher Regional Court . There he was u. a. involved in an anti-Semitic arbitrary decision against the longstanding commentator on the law of inheritance of Staudinger , Felix Herzfelder . In 1946 he was promoted to President of a Senate and retired in 1949.

His son Otmar Emminger (1911–1986) was President of the Bundesbank from 1977 to 1979.

literature

Web links

Individual evidence

  1. Hans-Dieter Otto: Lexicon of legal errors . 2003, p. 81 ff.
  2. Hannes Ludyga: The Higher Regional Court in Munich between 1933 and 1945 . Metropol Verlag, Berlin 2012, ISBN 3-86331-076-4 , p. 149