Hans Richter (judge)

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Hans Hermann Ludwig Richter (born April 29, 1885 in Glatz ; † May 17, 1954 in Wiesbaden ) was a German lawyer .

Life

Hans Richter was the son of the doctor Paul Richter, who resided in Glatz, whose family originally came from Salzburg , and his wife Ottillie Steinhauss (* 1859), who came from a family of Hessian theologians and lawyers. His older brother Rudolf later became a professor of geology.

Hans Richter was a trainee lawyer in 1909 , became a court assessor in 1913 and a public prosecutor in Hanau in 1916 . He was a member of the liberal DDP from 1919 to 1921 , but was not a member of the NSDAP . In 1920 he became a member of the public prosecutor's office and was a member of the Reich Attorney's Office from mid-1922 to the end of 1924 . From 1929 to 1935 he was Ministerialrat in the Reich Ministry of Justice , where he headed the press department and worked on the reform of secondary criminal law . Hans von Dohnanyi was his assistant until 1932 . From 1936 he was then lawyer at the Reich Court in Leipzig . There he headed Department V of the Reich Prosecutor's Office until 1945. In addition, he processed nullity complaints . Adolf Schönke's commentary on the penal code, published in 1941/42, he criticized in a review for being too cautious about the “perpetrator right”.

Despite everything, he was able to present himself as a victim of the National Socialists during his denazification , also on the basis of an affidavit from Christine von Dohnanyi . He was classified as a follower .

After the war he was Ministerialrat in the Hessian Ministry of Justice, where he was Head of Department III ( Criminal Law and Criminal Procedure Law ). From October 2, 1950 to December 31, 1952, he was President of the Senate of the newly formed 1st Criminal Senate at the Federal Court of Justice . The election took place at the suggestion of the Federal Minister of Justice Thomas Dehler . He was then retired, but still received the Great Cross of Merit .

Processing of the Nazi judiciary

During his time as President of the Senate, a large number of denunciation crimes by the Nazi judiciary were processed. After the war, many of the damaged notifications were filed.

In February 1952, the federal prosecutor Carlo Wiechmann communicated that he would give the first reports to the criminal senate of the BGH. He was of the opinion that a denunciation should only be prosecuted if the judge had acted unlawfully. This went too far for the responsible criminal law officer, Eduard Dreher , as he saw difficulties in providing evidence and the risk that, if the interpretation of the law at that time was incorrect, the legal force of a large number of judgments could subsequently be questioned. There should have been trials not only against the informers, but also against judges and public prosecutors.

State Secretary Walter Strauss followed the opinion in March 1953. As a result, Richter, who was denazified despite his work as a Reich attorney, also commented on this matter and urged caution. He saw the Federal Public Prosecutor's interpretation as too harsh, and referred to the situation at the time, which presented the situation of the complainant differently. Dreher then formulates that only reports should be pursued which were made “without need”. Richter expressed further concerns about the appearance that judgments of the Reichsgericht were potentially unlawful. He himself was no longer able to negotiate the relevant judgments, but in the period that followed, several proceedings against informers, such as B. At the end of June 1953 against a Hamburg resident, concluded with an acquittal by the BGH.

In an article published in the Deutsche Richterzeitung in 1975, Ludwig Martin glorified the role of the Reich advocate during the Nazi era. He characterized senior Reich attorney Emil Brettle and the Reich attorneys Carl Kirchner and Hans Richter as opponents of National Socialism , which is actually untenable.

Honors

  • 1953: Great Cross of Merit of the Federal Republic of Germany

literature

Web links

Individual evidence

  1. ↑ His birth certificate with his maiden name is archived in the Landesarchiv Berlin .
  2. ↑ a b c Hubert Rottleuthner: Careers and continuities of German legal lawyers before and after 1945: with all basic and career data on the enclosed CD-ROM . BWV, Berliner Wissenschafts-Verlag, 2010, ISBN 978-3-8305-1631-6 , p. 105 ( google.de [accessed on May 23, 2020]).
  3. ↑ Justizverwaltungsblatt: Journal for the cost, cash, budget and accounting . A. Rauck., 1934, pp. 300 ( google.de [accessed on May 23, 2020]).
  4. ^ Uwe Wesel, Hans Dieter Beck: 250 years of legal publishing house CH Beck: 1763-2013 . CH Beck, 2015, ISBN 978-3-406-68488-3 , pp. 180 ( google.de [accessed on May 23, 2020]).
  5. ^ Klaus-Detlev Godau-Schüttke: The Federal Court of Justice: Justice in Germany . Tischler, 2005, ISBN 978-3-922654-66-7 , pp. 94 ( google.de [accessed on May 23, 2020]).
  6. ↑ Hinrich Rüping: Lawyers in the Celle district during National Socialism . BWV Verlag, 2010, ISBN 978-3-8305-1735-1 , pp. 132 ( google.de [accessed on May 23, 2020]).
  7. ^ Andreas Eichmüller: No general amnesty: The prosecution of Nazi crimes in the early Federal Republic . Walter de Gruyter, 2012, ISBN 978-3-486-71739-6 , p. 265 ( google.de [accessed on May 23, 2020]).
  8. ^ Andreas Eichmüller: No general amnesty: The prosecution of Nazi crimes in the early Federal Republic . Walter de Gruyter, 2012, ISBN 978-3-486-71739-6 , p. 267 ( google.de [accessed on May 23, 2020]).
  9. ^ Andreas Eichmüller: No general amnesty: The prosecution of Nazi crimes in the early Federal Republic . Walter de Gruyter, 2012, ISBN 978-3-486-71739-6 , p. 268 ( google.de [accessed on May 23, 2020]).
  10. ^ Andreas Eichmüller: No general amnesty: The prosecution of Nazi crimes in the early Federal Republic . Walter de Gruyter, 2012, ISBN 978-3-486-71739-6 , p. 269 ( google.de [accessed on May 23, 2020]).
  11. ^ Andreas Eichmüller: No general amnesty: The prosecution of Nazi crimes in the early Federal Republic . Walter de Gruyter, 2012, ISBN 978-3-486-71739-6 , p. 270 ( google.de [accessed on May 23, 2020]).
personal data
SURNAME Judge, Hans
ALTERNATIVE NAMES Richter, Hans Hermann Ludwig (full name)
BRIEF DESCRIPTION German lawyer, lawyer and federal judge
DATE OF BIRTH April 29, 1885
PLACE OF BIRTH Bald
DATE OF DEATH May 17, 1954
Place of death Wiesbaden