Harro Otto

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Harro Otto (born April 1, 1937 in Sobbowitz / Free City of Danzig (now Polish Sobowidz )) is a retired criminal law scholar from the University of Bayreuth .

resume

After studying law at the University of Hamburg (1956–1960), first and second state examination, Harro Otto worked from 1962 to 1965 as a research assistant at the chair for criminal law and criminal policy at the University of Hamburg ( Werner Hardwig , Rudolf Sieverts ). After completing his doctorate on the subject of "Conflict of Duties and Illegality Judgments" (1964), he went to the Chair of Criminal Law and Criminology at the Justus Liebig University in Giessen ( Anne-Eva Brauneck ), where he completed his habilitation in 1969. After holding a professorship at the University of Hamburg (1970/71), he was appointed to a professorship for criminal law, criminal procedural law and legal philosophy at the Philipps University of Marburg in 1971 as Erich Schwinge's successor . In 1977 he became a professor of criminal law, criminal procedure law and legal philosophy at the University of Bayreuth. In the years 1988–1991 he served as Vice President of the university there. He retired in 2005.

Research and Teaching

Harro Otto shapes his own view of criminal law. In the spirit of Claus Roxin's view , he is a proponent of the theory of increasing risk. Dogmatically Otto goes from a single wrong fact of comprising the elements of the offense and the illegality. As a result, there is a two-stage structure of the offense consisting of an injustice and guilt. The main difference to the prevailing doctrine is that, according to Otto's approach, the realization of the facts does not trigger any indicative effect with regard to the illegality.

Otto has presented his legal interpretation in two textbooks on the general and special part of criminal law, in which he partially criticizes the case law of the Federal Court of Justice as dogmatically contradictory.

In addition to general criminal law dogmatics, Otto's research focus is primarily on white collar crime . He caused a stir when he acted as an appraiser in the course of the criminal investigation against the former Federal Chancellor Helmut Kohl in the context of the CDU donation affair and interpreted the offense of infidelity in favor of Kohl.

Otto's only habilitation candidate is Bayreuth private lecturer Joerg Brammsen.

In 1986 the University of Pécs (Hungary) awarded Otto an honorary doctorate.

Fonts

  • Conflict of duties and illegality judgment. de Gruyter, Hamburg 1965. (3rd edition, Elwert, Marburg 1978, ISBN 3-7708-0497-X ).
  • The structure of the criminal property protection. Duncker & Humblot, Berlin 1970.
  • Exercises in criminal law. de Gruyter, Berlin / New York 1974, ISBN 3-11-004790-X . (7th edition 2010 (with Nikolaus Bosch )).
  • Basic course in criminal law. General criminal law. de Gruyter, Berlin 1976, ISBN 3-11-006730-7 . (7th edition 2004); spanish, barcelona 2017.
  • Basic course in criminal law. A textbook. de Gruyter, Berlin 1977, ISBN 3-11-007239-4 .
  • Basic course in criminal law. The individual offenses. de Gruyter, Berlin 1977, ISBN 3-11-007239-4 . (8th, revised edition 2011, ISBN 978-3-89949-513-3 )
  • Banking and Criminal Law. Heymann, Cologne / Munich 1983, ISBN 3-452-19628-3 .
  • The criminal law fight against dubious business activity. Schmidt-Römhild, Lübeck 1990, ISBN 3-7950-1102-7 .

literature

  • Joerg Brammsen: Harro Otto on his 70th birthday. In: New legal weekly . (NJW) 2007, p. 891 f.
  • Gerhard Dannecker : Congratulations: Harro Otto on his 70th birthday. In: Legal journal . (JZ) 62 (2007), p. 351 f.
  • Gerhard Dannecker, Joerg Brammsen, Roland Schmitz u. a. (Ed.): Festschrift for Harro Otto on his 70th birthday on April 1, 2007 . Heymann, Cologne / Berlin / Munich 2007, ISBN 978-3-452-26588-3 .
  • Winrich Langer : Congratulations: Harro Otto on his 80th birthday. In: Legal journal. 72 (2017), p. 355 f.
  • Duttge / Gärditz / Windhöfel: On the 80th birthday of Harro Otto, in: Zeitschrift für Lebensrecht 3 + 4 (2019), "Gift of friend for Winrich Langer and Harro Otto", Editorial, pp. I-II.

Web links