Gerhard Strate

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Gerhard Strate (2014)

Gerhard Strate (born February 24, 1950 in Zella-Mehlis ) is a German lawyer and criminal defense attorney . In addition to defense in criminal matters, he is particularly concerned with constitutional complaints and retrial .

Career and activities

Strate attended the Otto Hahn Gymnasium in Geesthacht , studied at the University of Hamburg in the early 1970s and was a member of the Communist Student Association (KSV). In 1978 he passed the second state examination in law and founded the information letter on immigration law , of which he is one of the editors to this day. From 1978 to 1979 he was a research fellow at the Max Planck Institute for Comparative and International Private Law . In 1979 he was admitted to the bar in Hamburg . In the first year and a half of its existence, he was a member of the editorial team of the criminal defense magazine (StV), of which he is still a member of the advisory board. Since 1985 he has been running a law firm with Klaus Ulrich Ventzke. Affiliated with the law firm is the website hrr-strafrecht.de published by Strate , which consists of the online magazine HRRS (Supreme Court Jurisprudence in Criminal Law) and a case law database .

Strate was a member of the Criminal Law Committee of the German Lawyers' Association from 1987 to 2001 . Since 1989 he has been a member of the board of directors of the Hanseatic Bar Association , where he was vice-president from 1999 to 2002. In 2007 he was appointed to the Constitutional Law Committee of the Federal Bar Association .

Strate sees himself as a 68er and as a defender of a liberal constitutional state. Well-known clients of Strate were Monika Böttcher , the Hamburg neighborhood big Burim Osmani , the terrorist Mounir al-Motassadeq and the entrepreneur Alexander Falk . In 1987 he obtained a retrial for Holger Gensmer , who had been convicted of child abuse and murder and was finally acquitted after 16 years of illegal imprisonment. He represents Andreas Darsow, who was sentenced to life imprisonment in 2011 for double homicide . Strate has three retrial of jury trial cases operated out of eight since the Federal Republic (as of about 2001).

As a result of the financial crisis from 2007 onwards , Strate became involved against those responsible by drafting and submitting criminal complaints against leading bank managers , mostly without commission . For example, following a complaint from him, the Hamburg public prosecutor brought charges against the former CEOs of HSH Nordbank Dirk Jens Nonnenmacher and Hans Berger . A total of around 80 people nationwide were affected by his criminal charges. After the accused were initially acquitted on July 9, 2014 in a sensational nationwide trial before the Hamburg Regional Court , which was documented in a book by the journalist Dani Parthum , the public prosecutor appealed the judgment to the Federal Court of Justice . On October 12, 2016, the 5th criminal division of the Federal Court of Justice overturned the judgment and referred the matter back to another commercial criminal chamber of the Hamburg Regional Court , which is why the case has to be reopened from the beginning.

On May 26, 2011 at Maybrit Illner he discussed the subject of The Kachelmann Case - Already a Justice Scandal? and also at Maybrit Illner on July 7th 2011 on the subject of sex and powerful men.

In November 2012, Strate submitted an opinion that he had prepared on behalf of the Free Voters of Bavaria on the Gustl Mollath case , and made serious allegations against the Bavarian judiciary. Shortly thereafter, he took on a mandate for Mollath with the aim of a retrial. On August 6, 2013, the Nuremberg Higher Regional Court ordered the resumption based on a parallel application from the Regensburg public prosecutor's office. Shortly thereafter, Strate, in consultation with his client, posted the psychiatric reports that had led to his placement on his website.

In this pro bono mandate for Gustl Mollath , Strate also documented the entire course of the proceedings with original briefs and decisions of the courts and had transcripts of all the days of the main hearing from July 7th to August 14th 2014 taken at his own expense, which he also promptly on his side published. Strate also won this retrial , Mollath was acquitted mainly because of lack of verifiability for actual reasons and in one point (with regard to dangerous bodily harm) because of non-excludable culpability for legal reasons; Mollath's appeal against this to the Federal Court of Justice was unsuccessful (BGH 1 StR 56/15). Mollath obtained compensation for his seven and a half years of illegal psychiatric placement.

In 2014, Strate represented Carsten Maschmeyer in a dispute against the Swiss bank J. Safra Sarasin , which u. a. led to a major raid, also in Switzerland, and led to Eric Sarasin's resignation from his bank offices.

Strate has represented the Volkswagen patriarch Ferdinand Piëch since the beginning of 2017 because of possible entanglements in the scandal over manipulated exhaust gas values ​​in diesel engines of the VW Group. In matters of AfD party donation affair , he represents Alice Weidel , leader of the AfD parliamentary group in the German Bundestag.

In a contribution to the “Neue Juristische Wochenschrift”, Strate assessed the framework order for police operations during the G20 summit in Hamburg 2017 as unconstitutional .

In January 2018, the proposal for the Federal Cross of Merit to Strate was rejected by the Hamburg Senate .

Strate works together with the Society for Freedom Rights and in 2018 filed a constitutional complaint against the use of so-called state Trojans, with whose help online searches are possible.

On February 26, 2020, Strate, as a representative of the Swiss association Dignitas, and four other plaintiffs in a three-year procedure, obtained the annulment of Section 217 of the Criminal Code by the Federal Constitutional Court.

Publications

Honors

2003 awarded him the Law Faculty of the University of Rostock , the honorary doctorate for his scientific achievements and his educational commitment.

In 2014 Strate was honored as an honor lock keeper.

Web links

Interviews

Footnotes

  1. ↑ Chancellery. In: website of the firm. Strate and Ventzke Rechtsanwälte, August 24, 2018, accessed on November 12, 2019 .
  2. ↑ About us. In: HRR-Strafrecht.de. Strate and Ventzke Rechtsanwälte, accessed on November 12, 2019 .
  3. ↑ a b c Lukas Heiny: How lawyers deal with the financial crisis. In: Financial Times Deutschland , March 4, 2010.
  4. ↑ Justice because of proceedings against Alexander Falk under criticism. In: heise online , November 10, 2003.
  5. ↑ Anna von Münchhausen: Keep right from appeal . In: Frankfurter Allgemeine Sonntagszeitung . December 5, 2004
  6. ↑ Tell us about it. Der Spiegel, 53/1987
  7. ↑ My husband is innocent! Anja Darsow's website, accessed July 29, 2014.
  8. ↑ Sabine Rückert : Tormentors of Justice. In: Die Zeit , No. 18, April 26, 2001.
  9. ^ No man for all cases: The defense lawyer Gerhard Strate ; in: Frankfurter Allgemeine Zeitung Magazin, issue 886 of February 21, 1997, page 40 ff.
  10. ^ Law firm Strate and Ventzke: Documentation - Older documents
  11. ↑ Johannes Ritter: After the indictment: HSH managers criticize the public prosecutor. In: Frankfurter Allgemeine Zeitung , January 2, 2012.
  12. ↑ Alexander Sturm: Trial against ex-board member of HSH Nordbank: Dr. No in the dock. In: stern.de , July 24, 2013.
  13. ↑ Kristina Läsker & Klaus Ott : Bank critic Strate - "A lot is designed to cover up". In: Süddeutsche Zeitung , March 8, 2010.
  14. ↑ Website: Dani Parthum - About the author. Retrieved October 12, 2016 .
  15. ↑ "DR. NO and the innocent - the trial of six ex-board members of HSH Nordbank ”. Retrieved October 12, 2016 .
  16. ↑ HSH judgment: acquittal for ex-board member Nonnenmacher and Co. In: Die Zeit , July 9, 2014
  17. ↑ Public prosecutor's office appeals against HSH judgment In: Die Zeit , July 10, 2014
  18. ↑ Federal Court of Justice press office announcement No. 182/2016. Retrieved October 12, 2016 .
  19. ↑ Ex-board members of HSH Nordbank have to go back to court In: Die Welt , October 12, 2016
  20. ↑ Broadcast (Part 1) on YouTube
  21. ↑ FREE VOTERS present expert opinion on the case of Gustl Mollath - Statement by Gerhard Strate. (Video; 14:14 min). YouTube, November 27, 2012, accessed January 22, 2018 .
  22. ↑ Olaf Przybilla , Uwe Ritzer : Inconsistencies in the Mollath case - code name "Monster". In: Süddeutsche Zeitung , November 26, 2012.
  23. ↑ According to the expert opinion in the Mollath case - "Merk tried to cover up things" . In: Süddeutsche Zeitung . November 26, 2012
  24. ^ Law firm Strate and Ventzke: Documentation: Proceedings against Gustl Mollath
  25. ↑ Olaf Przybilla, Uwe Ritzer: Defense attorney in retrial - Strate attorney represents Gustl Mollath . In: Süddeutsche Zeitung , December 20, 2012.
  26. ↑ Barbara Nazarewska: Gustl Mollath: Between madness and legal scandal . In: Münchner Merkur , January 3, 2013.
  27. ^ Gerhard Strate on the media stage for Mollath ( Memento from August 16, 2013 in the Internet Archive ). In: Zapp , August 14, 2013 (video; 20:54 min).
  28. ↑ Daniel Herder: Gerhard Strate: The man who brought Gustl Mollath out. In: Die Welt , August 9, 2013.
  29. ^ Sabine Rückert , Heinrich Wefing : Gerhard Strate Interview: Is Gustl Mollath healthy, Mr Strate? In: Die Zeit , No. 35, August 22, 2013.
  30. ↑ Dieter Kassel: "Mollath just has to fight back". In: Deutschlandradio Kultur , August 29, 2013.
  31. ^ Ansgar Siemens: REPORT: "That was grotesque". In: Focus Online . August 16, 2014, accessed October 15, 2016 .
  32. ↑ Documentation on the Gustl Mollath case
  33. ↑ Marcus Klöckner: Judgment in the Mollath case: acquittal and right to compensation. In: heise.de . August 14, 2014, accessed October 15, 2016 .
  34. ↑ Oliver Stock: Mollath lawyer now represents Maschmeyer. In: handelsblatt.com . August 18, 2014, accessed October 15, 2016 .
  35. ↑ Major raid in Switzerland: Sarasin and law firm searched
  36. ↑ Eric Sarasin is stepping down from the management of Bank J. Safra Sarasin
  37. ↑ Marcus Jung: A buffer stop for Piëch In: Frankfurter Allgemeine Zeitung , February 17, 2017
  38. ↑ TAZ of February 24, 2019: AfD donation affair - leadership rejects responsibility
  39. ↑ Per Hinrichs: “That is against the constitution”. In: The world . July 23, 2017, accessed January 10, 2018 .
  40. ↑ Julia Witte called Vedder: Hamburg Senate rejects Federal Cross of Merit for star lawyer. In: The world . January 8, 2018, accessed January 10, 2018 .
  41. ↑ Anna Livia Mattes: Press release: Constitutional complaint filed against state Trojans. In: GFF website. Society for Freedom Rights , August 24, 2018, accessed on November 12, 2019 .
  42. ↑ Judgment of February 26, 2020 - 2 BvR 2347/15. In: Website of the BVerfG. Federal Constitutional Court , February 26, 2020, accessed on March 1, 2020 .
  43. ↑ Strate and Ventzke law firm : Firm profile
  44. ↑ Strate new honorary Alster lock keeper . ( Memento from September 24, 2014 in the web archive archive.today ) Norddeutscher Rundfunk , February 3, 2014, accessed on September 24, 2014.
personal data
SURNAME Strate, Gerhard
BRIEF DESCRIPTION German lawyer and defense attorney
DATE OF BIRTH February 24, 1950
PLACE OF BIRTH Zella-Mehlis , Thuringia