Heinrich Jagusch

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Heinrich Jagusch (born November 11, 1908 in Breslau ; † September 10, 1987 in Karlsruhe-Rüppurr ) was a German lawyer.

Training and union activity

After attending primary school in Breslau, Jagusch completed an apprenticeship in banking and then worked as a commercial clerk until 1928. From 1929 he was employed in Breslau as an administrative clerk for free trade union organizations, in 1931 he switched to the Central Association of Employees in Berlin. There he also attended lectures at the German University of Politics . In 1933 he became a member of the NS Motor Corps and in 1937 a member of the NSDAP .

In May 1933 Jagusch lost his job after the unions were broken up and had to look for a new area of ​​responsibility. Therefore, in November 1933, he took the exam for admission to university without a high school diploma and enrolled at Friedrich-Wilhelm University as a law student. He passed his first state examination in 1937, his second in April 1941. In March 1940 he received his doctorate magna cum laude with a paper on the legal advice centers of the German Labor Front .

After being drafted into the military in 1940, Jagusch was deployed to the front in France, among other places. In December 1943 he was seriously wounded: he suffered facial injuries and lost his left eye.

Judge

Back in Germany, he settled in Braunschweig after the war and was accepted into the judicial service of the British occupying forces in 1946. At Braunschweig Regional Court he was initially set as commissioner judges and appointed county magistrate in July 1946th In the meantime, he worked as an assistant judge at the Braunschweig Higher Regional Court and was appointed judge at the Supreme Court for the British Zone in July 1948 .

After the establishment of the Federal Court of Justice in 1950, Jagusch was finally elected a federal judge and took up office in January 1951. He was first a member of the 4th , then the 1st criminal senate . He was also a member of the Grand Senate for Criminal Matters.

In March 1954 he was assigned to the newly established 6th Criminal Senate, which was responsible for state security matters. The Senate, which was called the 3rd Criminal Senate from 1956 , later belonged to Jagusch as Deputy Chairman and from October 1959 as Chairman ( Senate President ). During his term of office, among others, the media-laden proceedings against Otto John , Wolfgang Wohlgemuth , Alfred Frenzel and Bogdan Staschinskij fell . At the end of 1962 he gave up the chairmanship of the 3rd Senate and became chairman of the 4th Senate, which deals with road traffic law, among other things.

In 1964 he published two articles under a pseudonym ("Judex") in the news magazine Der Spiegel : The first article dealt critically with Günter Hofé's release from prison , in the second the court proceedings for the Spiegel affair were compared with the Weltbühne trial . When asked by the BGH President Bruno Heusinger whether he was the author of the last-mentioned article, he initially denied his authorship, whereupon disciplinary proceedings were opened against him; this was only stopped in August 1967 at the request of the Federal Minister of Justice, when Jagusch had already been retired for health reasons for two years. In 1975, Franz Josef Strauss confused Jagusch with his namesake Walter Jagusch by wrongly accusing Jagusch of having been a former member of the SD and of having changed the Senate by blackmailing the magazine "Der Spiegel" .

Specialist author

As an author, Jagusch has published numerous articles on, among other things, criminal law and road traffic law. He was co-author of the Leipzig Commentary on the Criminal Code (8th edition, 1957) and co-author of the renowned StPO commentary on Löwe-Rosenberg (21st edition, 1962–1967).

He is also known as the editor of the standard commentary on road traffic law from the CH Beck publishing house . He took over the work founded by Johannes Floegel and continued by Fritz Hartung in 1968 (17th edition) and looked after it until the 26th edition in 1981. The edition of the work increased from 4,000 to 7,000 copies during this time. From 1983 the commentary was continued by Peter Hentschel .

literature

Web links

Individual evidence

  1. Ulf Gutfleisch: State Protection Criminal Law in the Federal Republic of Germany 1951–1968 , BWV: Berlin, 2014, page 342
  2. Trading with traitors? In: Der Spiegel . No. 37 , 1964 ( online ).
  3. Is a new Ossietzky case looming? In: Der Spiegel . No. 45 , 1964 ( online ).
  4. ^ Heinrich Jagusch - "A course of sacrifice" . In: Der Spiegel . No. 47 , 1964 ( online ).
  5. Jagusch contra Strauss ”, Der Spiegel, April 28, 1975, p. 21 .
  6. ^ "If Jagusch stays, Augstein is lost!" Excerpts from the "Esprit" interview with Franz Josef Strauss about the SPIEGEL affair, Der Spiegel, January 13, 1975, p. 16 ; "Date: September 29, 1975 Subject: Strauss / Jagusch" , Der Spiegel, September 29, 1975, p. 3 .