Heinz Kümmerlein

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Heinz Kümmerlein (born April 25, 1909 in Essen ; † April 28, 1979 ) was a German lawyer , ban leader of the Hitler Youth , senior councilor in the National Socialist Ministry of Justice , personal assistant to Reich Minister of Justice Otto Thierack and managing director of the Academy for German Law from 1943 to 1944. His area of ​​expertise was the National Socialist juvenile criminal law .

Life

After studying law, Kümmerlein received a doctorate from the University of Münster in 1932. jur. PhD. The dissertation was published in 1933 under the title “The attempts to collectively regulate the demand for collective wages”. After receiving his doctorate , Kümmerlein became a trainee lawyer in 1933. In 1937 he was appointed regional judge in the OLG district of Hamm .

Career as a National Socialist

Sturmabteilung, Hitler Youth and NSDAP

In 1933 Kümmerlein joined the Reiter SA . On May 1, 1937, he became a member of the National Socialist German Workers' Party (NSDAP) (membership number: 5.603.177).

In 1934 his career began in the Hitler Youth. He began as a legal adviser in the Hitler Youth area Ruhr-Niederrhein and advised the Reich Youth Leadership . From 1939 he was an honorary consultant and employee in the legal department of the social office of the Reich Youth Leadership. In this legal office, he was in January 1939 following leader , in November 1939 the Upper followers leader , in January 1940 the main allegiance leader , in April 1940 the tribe leader , in April 1942 Oberstammheim leaders promoted and in November 1942 to Colonel. In addition, he was a member of the National Socialist Lawyers' Association and the NSV .

Reich Ministry of Justice and Academy for German Law

At the beginning of April 1938 he was seconded to the Reich Ministry of Justice. From 1939 Kümmerlein was a member of the committee for youth law of the National Socialist Academy for German Law Hans Franks as a representative of the Reich Ministry of Justice .

As a regional judge in the Reich Ministry of Justice, he wrote the draft for a youth court law of September 20, 1941 (department draft of the Reich Ministry of Justice), which was adopted in several meetings of the committees for youth law and youth criminal law of the Academy for German Law a . a. was also discussed by Roland Freisler . Kümmerlein's draft is printed in full in Werner Schubert's edition of the minutes of the committees for youth (criminal) law on pages 613 to 626.

By no later than 1942, he was also secretary for juvenile justice and juvenile justice as a senior civil servant in the Ministry of Justice and at the same time connecting leaders to Reich Youth Leadership of the Hitler Youth. After Otto Thierack became Reich Minister of Justice in August 1942 , Kümmerlein became his personal advisor alongside Heinrich Ebersberg in September 1942. Together with Thierack, he visited the Mauthausen concentration camp in December 1942 , where he noticed an "exemplary order". In autumn 1942 Kümmerlein was with Thierack by its own account in Zhitomir . It was there that he heard of the "handover" for the first time .

Since Adolf Hitler had decided at the same time as Hans Frank moved to Thierack that the new Reich Minister of Justice should also become President of the Academy for German Law, Kümmerlein was not only a personal assistant to the Reich Minister of Justice, but also to the President of the Academy for German Law. From autumn 1943 to December 1944, Kümmerlein was its managing director.

Kümmerlein published numerous works on youth law: Among other things, he explained the Reich Youth Court Act of November 6, 1943 with its supplementary legal and administrative provisions in 1944 in Beck-Verlag.

Military operations

After the beginning of the Second World War he did military service in the Wehrmacht and from the end of January 1941 was again active in the Reich Ministry of Justice. In the minutes of a meeting of the Committee on Juvenile Criminal Law on January 24, 1941, chairman Friedrich Schaffstein expressly praised Kümmerlein for his “great military activity”.

In December 1944 he was drafted into the Air Force .

After 1945

In the course of an interrogation by the public prosecutor's office, Kümmerlein stated in November 1948 that he had most recently had the rank of lieutenant in the Wehrmacht. After the end of the war, he was taken into automatic arrest from July 1945 to March 1947 as an employee of the Reich Ministry of Justice and as Hitler Youth leader . In the course of denazification, he was classified in Group V and thus classified as “exonerated”.

In 1946 he worked as a defender in denazification processes. Since 1946 he was "no longer active forensically (except in arbitration proceedings)".

From 1948 he worked in the practice of the lawyer and notary Erich Wenmakers. The clients of the legal practice included large and medium-sized companies in which Kümmerlein was also a member of supervisory and advisory boards. He had a particular interest in stock corporation and other corporate law. (Source Werner Schubert : Information from the lawyer and notary Mühle of the partner company Kümmerlein, Simon and Partner, lawyers in Essen, dated April 14, 2000).

On October 14, 1949 he was admitted as a lawyer at the Essen Regional Court and on May 3, 1956 as a notary. Specializing in commercial law, he later also took over the chairmanship of the supervisory board of Hamborner Bergbau AG and the company representative for the Telefonbau and Normalzeit group of companies .

Investigations against Heinz Kümmerlein and Heinrich Ebersberg (also Thierack's personal advisor, Ministerialrat in the Federal Ministry of Justice from 1954) were closed on November 3, 1970 by the Cologne public prosecutor's office. Although Kümmerlein had promoted the campaign to destroy anti-social people through work , it could not be proven that he knew about the goal of killing those affected.

Fonts

  • The attempts to collectively regulate the demand for collective wages. The forfeiture (forfeiture) and waiver committee clauses in collective agreements ; at the same time: University dissertation Münster (Westphalia); Mannheim: Bensheimer 1933 (106 pages)
  • Review as "Landgerichtsrat Kümmerlein" of "Polizeirechtlicher Jugendschutz. Text edition with references and subject index." Volume 19 of the "Small Police Library". Verlag für Polizeiliches Fachschrifttum, Lübeck 1941 ( http://d-nb.info/580311015 ); in: Zeitschrift Deutsche Justiz , ed. from the Reich Minister of Justice, issue 21 of May 23, 1941, p. 616.
  • Review as "Oberregierungsrat Kümmerlein" by Wolfgang Sieberts : "Basic features of German youth law", Volume 1, 3rd edition, Berlin a. a .: German legal publisher 1943; in: Zeitschrift Deutsche Justiz , ed. by Reich Minister of Justice, issue 19/20 of May 14, 1943, p. 272.
  • The new Reich Youth Court Act. II. Juvenile court constitution and juvenile criminal proceedings, in: Zeitschrift Deutsche Justiz , ed. by Reich Minister of Justice, issue 38/39 of December 24, 1943, p. 553 ff.
  • Reich Youth Court Act of 6 November 1943 with the supplementary legal and administrative provisions in the field of youth criminal law, youth welfare law and the criminal law protection of youth . Text edition with brief explanations by Heinz Kümmerlein; Munich and Berlin: CH Beck 1944

Individual evidence

  1. a b c d e f g h i j k Michael Buddrus : Total education for the total state , Volume 2, Munich: Saur 2003, p. 1175
  2. ^ A b c Ernst Klee: Das Personenlexikon zum Third Reich , Frankfurt am Main 2007, p. 348
  3. a b Ernst Klee: What they did - What they became. Doctors, lawyers and others involved in the murder of the sick or Jews , Frankfurt am Main 2004, p. 257
  4. ^ Werner Schubert : Academy for German Law 1933-1945. Minutes of the committees Volume XI: Committee for Youth Law, Working Groups for Youth Labor Law and Youth Criminal Law (1934-1941) , Frankfurt / Main u. a .: Peter Lang 2001
  5. ^ Werner Schubert : Academy for German Law 1933-1945. Minutes of the committees Volume XI: Committee for Youth Law, Working Groups for Youth Labor Law and Youth Criminal Law (1934-1941) , Frankfurt / Main u. a .: Peter Lang 2001, pp. 613 to 626
  6. ^ Interrogation of Kümmerlein on November 24, 1948 by the public prosecutor Schumacher . In: Archive of the Institute for Contemporary History , Munich, call number ZS-0468.
  7. ^ Hans – Rainer Pichinot: The Academy for German Law. Establishment and development of a public corporation of the Third Reich . Univ.-Diss. Kiel 1981, p. 138
  8. ^ Werner Schubert : Academy for German Law 1933-1945. Minutes of the committees Volume XI: Committee for Youth Law, Working Groups for Youth Labor Law and Youth Criminal Law (1934-1941) , Frankfurt / Main u. a .: Peter Lang 2001, p. 299.
  9. ^ Interrogation of Kümmerlein on November 24, 1948 by the public prosecutor Schumacher . In: Archive of the Institute for Contemporary History , Munich, call number ZS-0468.
  10. a b c d e Werner Schubert : Academy for German Law 1933-1945. Minutes of the committees Volume XI: Committee for Youth Law, Working Groups for Youth Labor Law and Youth Criminal Law (1934-1941) , Frankfurt / Main u. a .: Peter Lang 2001, p. XVIII
  11. ^ Helmut Kramer, The Jurists' Contribution to the Mass Murder of Prisoners and the Penal Punishment after 1945 , in: Kritische Justiz , vol. 43.2010, pp. 89-107 ( online edition )