Friedrich Oetker (legal scholar)

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Friedrich Oetker as a student in Göttingen in 1873

Friedrich August Heinrich Oetker (born May 6, 1854 in Cassel , † April 25, 1937 in Würzburg ) was a German lawyer and teacher of criminal law .

Friedrich Oetker was the son of the lawyer and privy councilor Carl Oetker in Kassel and the nephew of the liberal Hessian politician and publicist Friedrich Oetker . He studied law at the universities of Göttingen (1872) and Leipzig (1874). In Göttingen he became a member of the Corps Hannovera . With a criminal dissertation, he was in 1876 when Karl Binding Dr. jur. PhD. After the second state examination and the time as a court assistant, he first worked as a lawyer in his hometown of Kassel.

In 1884 he received his first position as a private lecturer in Marburg and then in 1885 an extraordinary professorship at the University of Bonn. In 1888 he accepted a professorship in Rostock, in 1895 for the first time at the University of Würzburg and in 1900 in Marburg. In 1902 he received his second call to Würzburg, where he also became rector of the university in the academic year 1906/07 and remained until his retirement in 1934. In 1925, Oetker was co-founder and chairman of the German Criminal Law Society . He was a staunch advocate of the classical criminal law school of his teacher Karl Binding. In March 1933, together with the legal scholars Johannes Nagler and Hellmuth von Weber , he prepared an expert opinion for the Reichstag fire process on the question of the prohibition of retroactive criminal laws . They came to the conclusion that such a retroactive effect was fundamentally permissible , but questioned the possibility of a retroactive tightening of the sentence ( death penalty ) in a claused manner. After Oetkers moved from the DNVP to the NSDAP in 1933, he also took over the chairmanship of the Criminal Law Committee of the Academy for German Law .

Fonts (selection)

  • Questions of criminal law reform. In: Germany's renewal. Volume 17, Issue 10, October 1933, pp. 604–610.
  • Thoughts on criminal law reform. (Lecture at the foundation festival of the University of Würzburg on May 11, 1934). In: Monthly for Academic Life. Franconian university newspaper. 1933/1934, p. 134 f. and 147-151.

literature

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