Frank Lüttig

Frank Lüttig (* 1960 in Osterode ) is a German lawyer who became known as the public prosecutor in Celle through his involvement in the investigations against Christian Wulff and Sebastian Edathy .

Education and career in justice and administration

Lüttig studied law at the Universities of Hanover and Champaign-Urbana (USA) and was then a research assistant at the University of Hanover from 1988 to 1990 ; In 1991 he received his doctorate there with a corporate law , comparative law thesis on company mergers .

In 1990/91 Lüttig was a lawyer in Frankfurt am Main and then a probationary judge for two years . From 1993–1995 and 1996–2000 he was a public prosecutor at the Hanover Public Prosecutor's Office , interrupted by an activity as a judge at the regional court there . In 2000, Lüttig became senior public prosecutor at the Public Prosecutor's Office in Celle , from where he moved to the Lower Saxony Ministry of Justice , where he was head of the criminal law division from 2004 to 2012 . He was appointed public prosecutor at the Higher Regional Court of Celle by his previous employer, Bernd Busemann , and has held this position as Harald Range's successor since the beginning of 2013. Lüttig's direct superior is thus the Minister of Justice of Lower Saxony. Lüttig is referred to in the press as a CDU member.

Investigations against Wulff and Edathy

He became known nationwide in the course of the investigation against the ex- Federal President Christian Wulff and the member of the Bundestag Sebastian Edathy . In the proceedings against Christian Wulff, his lawyers and parts of the media criticized Lüttig's permeable information policy; Heribert Prantl judged in retrospect that Lüttig had "repeatedly expressed disconcertingly partiality". At the time, Lüttig himself spoke of having “placed great emphasis on protecting the accused, especially in the Wulff case” in a difficult “sandwich position” between the rights of the accused and the public interest in information. In his book “Very Up, Right Down”, Wulff suggested in 2014 that Busemann and Lüttig had collusive against him. Günther von Lojewski accused Lüttig of having carried out a “staging” during the investigation against Edathy with the illegal house search and a “pompous press conference” that cast doubt on trust in the rule of law. The head of the Hanover public prosecutor's office, Jörg Fröhlich, said in May 2015 in the Bundestag committee of inquiry into the Edathy affair that Lüttig had shown a lack of commitment in this case.

Discontinued investigation into treason

Due to inconsistencies in the Wulff case, the Bonn lawyer Gernot Fritz filed a criminal complaint in 2014 for the violation of official secrets . On February 20, 2015, Lower Saxony's Minister of Justice Antje Niewisch-Lennartz announced in the state parliament that the Göttingen public prosecutor's office was investigating Lüttig for betrayal of secrets . He was accused of having disclosed official secrets to third parties, on the Wulff case in seven cases and on the Edathy case in one case. For the journalist Heribert Prantl this procedure was "unique in the judicial history of the Federal Republic". Lüttig was out of service for the time of the investigation.

On June 1, 2015, the Göttingen public prosecutor's office announced in a press release that “the investigations did not provide sufficient cause for indictment”. She further explains that “the investigations that were specifically continued from February 2015 in 8 cases as well as the comprehensive and constructive statements made by the accused on all 21 cases originally investigated” have brought about new circumstances “which in some cases even make it seem rather unlikely that Dr. Lüttig passed the respective information on to the press. In no case was or is there any direct evidence of illegal disclosure of official secrets by Dr. Lüttig before. "

The CDU / FDP opposition in the Lower Saxony state parliament called on the Justice Minister to resign because she had made the investigation public in February.

Legal policy positions

Lüttig has joined the public debate on questions of legal policy. So he spoke out in favor of data retention .

Lüttig was also involved in the euthanasia debate . As head of division in the Lower Saxony Ministry of Justice, shortly after the establishment of the German section of the Dignitas euthanasia association on September 26, 2005 in Hanover , he drafted the Federal Council's initiative of the state of Lower Saxony to create a law against euthanasia organizations; the advance failed because of the resistance of the FDP parliamentary group in the Lower Saxony state parliament. As a result, the CDU-ruled states of Saarland, Hesse and Thuringia submitted the draft unchanged to the Bundesrat on March 27, 2006, but failed. Lüttig continued to publicly advocate a criminal ban on euthanasia associations.

family

Lüttig is married and has two children.

Publications

The role of market entry barriers in merger control law of the Federal Republic of Germany and the USA. A study on the further development of German merger control (= Fundamenta juridica. Contributions to basic legal research. Vol. 19). Nomos, Baden-Baden 1992, ISBN 3-7890-2786-3 (At the same time: Hannover, Universität, Dissertation, 1991).
“Accompanied suicide” by euthanasia associations. The need for a criminal ban. In: Journal for Legal Policy 2008, pp. 57–60.

literature

Robert von Lucius : Chief Prosecutor. In: Frankfurter Allgemeine Zeitung , March 6, 2014, No. 55, p. 8.

Web links

Individual evidence

↑ ^a ^b Vita at the Lower Saxony Ministry of Justice .
^ Investigations against the Celle public prosecutor , Deutschlandfunk , February 20, 2015; Reinhard Bingener: The justice system hit the mark , in: FAZ , February 21, 2015, p. 4
↑ ^a ^b Ulrich Exner : Chief Prosecutor Lüttig: “We have no interest in killing Wulff.” In: Die Welt , April 20, 2013.
^ Jost Müller-Neuhof: Loser in the away game. In: Der Tagesspiegel , February 21, 2014.
↑ ^a ^b Heribert Prantl : One wishes that the accusation did not apply. In: Süddeutsche Zeitung , February 23, 2015.
↑ Christian Wulff: At the top, at the bottom. 2nd Edition. Beck, Munich 2014, ISBN 978-3-406-67200-2 , p. 152 .
^ Günther von Lojewski : The Frank Lüttig method. In: Bayernkurier , February 28, 2015, p. 14.
^ Bundestag: Public prosecutor gives Frank Lüttig a bad testimony. In: Focus .de , May 21, 2015.
↑ ^a ^b Hans Leyendecker : Investigations into treason. How the suspicion fell on the "General". In: Süddeutsche.de , February 20, 2015.
↑ Attorney General Lüttig not on duty. ( Memento from February 26, 2015 in the Internet Archive ) In: NDR .de , February 25, 2015; Celle Attorney General out of service until further notice due to illness - Ministry of Justice: Instruction ensures non-performance of official business. Press release. In: Lower Saxony State Chancellery , March 17, 2015; Reinhard Bingener: betrayal of secrets: the pierced justice. In: Frankfurter Allgemeine Zeitung , June 1, 2015.
↑ Press release of the Göttingen public prosecutor's office of June 1, 2015 , accessed on June 2, 2015
↑ Wulff and Edathy affairs: Investigations against Attorney General Lüttig stopped. In: Süddeutsche.de , June 1, 2015; Investigations against Frank Lüttig stopped. ( Memento from June 2, 2015 in the Internet Archive ) In: NDR .de , June 1, 2015.
↑ Alexander Sulanke: Frank Lüttig: “Many criminal offenses cannot be prosecuted”. In: Hamburger Abendblatt , August 1, 2012.
↑ Dispute over euthanasia provokes a coalition clash. In: Die Welt , October 24, 2005.
^ Draft of a law prohibiting the commercial mediation of suicide opportunities (... StrRÄndG). Printed matter 230/06. In: Bundesrat.de.
↑ See for example Frank Lüttig: “Accompanied suicide” by euthanasia associations. The need for a criminal ban. In: Journal for Legal Policy 2008, pp. 57–60. Lüttig's essay has been received in the legal literature, including by Nina Zahn: Medical, legal and ethical aspects of terminal sedation (= Kriminalwissenschaftliche Schriften. Vol. 35). Lit, Berlin 2012, ISBN 978-3-643-11589-8 , p. 10 ; Jan Philipp Schaefer: The thrill of public mortal danger. Limits through human dignity. Wolfgang U. Eckart , Michael Anderheiden (Hrsg.): Handbook of death and human dignity. Vol. 2. De Gruyter, Berlin 2012, ISBN 978-3-11-024644-5 , pp. 1263-1286, here p. 1267 ; Kallia Galeva: Medically Assisted Suicide and Organized Euthanasia. Springer, Heidelberg 2013, ISBN 978-3-642-31173-4 , p. 265 .

personal data
SURNAME	Lüttig, Frank
BRIEF DESCRIPTION	German lawyer
DATE OF BIRTH	1960
PLACE OF BIRTH	Osterode

[vita-1] Vita at the Lower Saxony Ministry of Justice .

[2] Investigations against the Celle public prosecutor , Deutschlandfunk , February 20, 2015; Reinhard Bingener: The justice system hit the mark , in: FAZ , February 21, 2015, p. 4

[exner-3] Ulrich Exner : Chief Prosecutor Lüttig: “We have no interest in killing Wulff.” In: Die Welt , April 20, 2013.

[4] Jost Müller-Neuhof: Loser in the away game. In: Der Tagesspiegel , February 21, 2014.

[prantl-5] Heribert Prantl : One wishes that the accusation did not apply. In: Süddeutsche Zeitung , February 23, 2015.

[6] Christian Wulff: At the top, at the bottom. 2nd Edition. Beck, Munich 2014, ISBN 978-3-406-67200-2 , p. 152 .

[7] Günther von Lojewski : The Frank Lüttig method. In: Bayernkurier , February 28, 2015, p. 14.

[8] Bundestag: Public prosecutor gives Frank Lüttig a bad testimony. In: Focus .de , May 21, 2015.

[sz-9] Hans Leyendecker : Investigations into treason. How the suspicion fell on the "General". In: Süddeutsche.de , February 20, 2015.

[10] Attorney General Lüttig not on duty. ( Memento from February 26, 2015 in the Internet Archive ) In: NDR .de , February 25, 2015; Celle Attorney General out of service until further notice due to illness - Ministry of Justice: Instruction ensures non-performance of official business. Press release. In: Lower Saxony State Chancellery , March 17, 2015; Reinhard Bingener: betrayal of secrets: the pierced justice. In: Frankfurter Allgemeine Zeitung , June 1, 2015.

[11] Press release of the Göttingen public prosecutor's office of June 1, 2015 , accessed on June 2, 2015

[12] Wulff and Edathy affairs: Investigations against Attorney General Lüttig stopped. In: Süddeutsche.de , June 1, 2015; Investigations against Frank Lüttig stopped. ( Memento from June 2, 2015 in the Internet Archive ) In: NDR .de , June 1, 2015.

[13] Alexander Sulanke: Frank Lüttig: “Many criminal offenses cannot be prosecuted”. In: Hamburger Abendblatt , August 1, 2012.

[14] Dispute over euthanasia provokes a coalition clash. In: Die Welt , October 24, 2005.

[15] Draft of a law prohibiting the commercial mediation of suicide opportunities (... StrRÄndG). Printed matter 230/06. In: Bundesrat.de.

[16] See for example Frank Lüttig: “Accompanied suicide” by euthanasia associations. The need for a criminal ban. In: Journal for Legal Policy 2008, pp. 57–60. Lüttig's essay has been received in the legal literature, including by Nina Zahn: Medical, legal and ethical aspects of terminal sedation (= Kriminalwissenschaftliche Schriften. Vol. 35). Lit, Berlin 2012, ISBN 978-3-643-11589-8 , p. 10 ; Jan Philipp Schaefer: The thrill of public mortal danger. Limits through human dignity. Wolfgang U. Eckart , Michael Anderheiden (Hrsg.): Handbook of death and human dignity. Vol. 2. De Gruyter, Berlin 2012, ISBN 978-3-11-024644-5 , pp. 1263-1286, here p. 1267 ; Kallia Galeva: Medically Assisted Suicide and Organized Euthanasia. Springer, Heidelberg 2013, ISBN 978-3-642-31173-4 , p. 265 .