Gerhard Athing

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Gerhard Athing (born May 28, 1945 in Burgdorf (Hanover) ) is a German lawyer and was a judge at the Federal Court of Justice from 1994 to 2010 .

Career

After completing his legal training, Gerhard Athing began his career in the justice system in Lower Saxony in 1977 . He initially worked as a probationary judge at the Braunschweig Regional Court , the Wolfsburg District Court and the Braunschweig public prosecutor. In 1980, Athing was appointed judge at the Braunschweig Regional Court. From November 1980 to February 1984 he was seconded to the Federal Prosecutor's Office at the Federal Court of Justice as a research assistant . He was then assigned to the Wolfenbüttel District Court as a criminal judge and from 1987 to 1990 as a consultant to the Lower Saxony Ministry of Justice in the “Criminal Law and Criminal Procedure” department. While he was still working in the Ministry of Justice, he was appointed judge at the Higher Regional Court. As a result of reunification , he was seconded to the Ministry of Justice of the State of Saxony-Anhalt and later also transferred . In Saxony-Anhalt, he initially took on the role of deputy head of the criminal law department in the Ministry of Justice and headed the departments for substantive criminal law as well as formal and substantive subsidiary criminal law . In July 1991 he was appointed Chief Ministerial Councilor there. After Athing was transferred to Saxony-Anhalt, he became a department head and deputy head of the department for civil and administrative law at the Saxony-Anhalt Ministry of Justice.

In 1994, Athing was appointed judge at the Federal Court of Justice. There he was first a member of the 2nd and since the beginning of 1997 the 4th criminal senate . From 2002 he represented the 4th Senate in the Grand Senate for Criminal Matters and in 2003 and 2004 belonged to the discharge of the IX. Civil Senate as an auxiliary senate created IXa civil senate of the Federal Court of Justice . The IXa Civil Senate had to deal with legal remedies in enforcement matters. During almost the entire period of service at the Federal Court of Justice, Athing took part in the standby duty of the investigating judge of the Federal Court of Justice. Athing retired on May 31, 2010.

effect

Athing had an influence on the highest court case law on criminal and private law , in particular on the mutual influence of these areas of law on one another. Athing prepared an important decision under criminal procedure law on the effect of the waiver of the prohibition of exploitation according to § 252 of the Code of Criminal Procedure (StPO) after exercising a right to refuse to testify . The principles developed in the decision on the accident on the Wuppertal suspension railway to guarantee the elimination of a source of danger in rail-bound traffic can also be traced back to him. In a decision on the scope of Pfändbarkeit of own funds of prisoners he dealt with the application of principles of the Code of Civil Procedure on the scope of the penal law . The change in the case law of the Federal Court of Justice on the predatory attack on motorists ( Section 316a StGB) 2007 goes back to Athing .

Web links

Individual evidence

  1. ↑ Judgment of September 23, 1999, Az. 4 StR 189/99 BGHSt 45, 203.
  2. ↑ Judgment of January 31, 2002, Az. 4StR 289/01 , BGHSt 47, 22.
  3. ↑ Decision of July 16, 2004, Az.IXa ZB 287/03 BGHZ BGHZ 160, 112.
  4. ↑ Decision of September 25, 2007, Az. 4 StR 338/07 , BGHSt 50, 169.
personal data
SURNAME Athing, Gerhard
BRIEF DESCRIPTION German lawyer, judge at the Federal Court of Justice
DATE OF BIRTH May 28, 1945
PLACE OF BIRTH Burgdorf (Hanover region)