Henning Ernst Müller

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Henning Ernst Müller (* 1961 in Leverkusen ) is a German legal scholar and criminologist . He holds the chair for criminal law , criminology , juvenile criminal law and the penal system at the University of Regensburg .

Life

Henning Ernst Müller attended the Carl-Duisberg-Gymnasium in Leverkusen until he graduated from high school in 1981. He did community service and studied law at the Free University of Berlin from 1983 to 1988 . He then worked as a research assistant at Ulrich Eisenberg's chair . From 1991 to 1994 he was a trainee lawyer in the district of the higher court . In 1992 , Henning Ernst Müller received his doctorate from the Free University of Berlin with a dissertation on "Official secrecy and exonerating the accused" .

After the second state examination in law, he was a research assistant at the chair of his doctoral supervisor, Ulrich Eisenberg. In the summer of 1999 he completed his habilitation at the Free University with the text "False witness statement and participation theory" . Müller received the venia legendi for criminal law, criminal procedure law , criminology , juvenile criminal law and the penal system.

After substituting for a chair, Müller was appointed to the chair of criminal law, criminology, juvenile criminal law and the penal system at the University of Regensburg in July 2000 as the successor to Klaus Rolinski and was appointed university professor. From 2004 to 2006 he was dean of the law faculty. Müller is married and has two children.

Scientific activity

He has been an author on the legal Beck blog since 2009 and speaks out on cases that have become known nationwide, such as the Gustl Mollath case , the accident at the Love Parade in 2010 and the Altena arson attack . He also publishes in Telepolis , Legal Tribune Online and Carta, among others .

Positions

Consequences of the Anis Amri case

In the legal and political discussion after the attack on the Berlin Christmas market at the Gedächtniskirche , Müller takes the position that no new laws to combat terrorism are necessary. Rather, there is an enforcement deficit . In a legal opinion, which he wrote in January 2017 as an expert on behalf of the parliamentary group of the FDP North Rhine-Westphalia , Müller expressed the opinion that not all legal possibilities had been exhausted in the run-up to the attack against the later assassin Anis Amri . He contradicted the statement of the North Rhine-Westphalian Interior Minister Ralf Jäger , who had said that the legal situation would not have allowed any further action against Amri.

On §§ 113, 114 StGB

In March 2017, Müller spoke as an expert before the Bundestag Committee on Legal Affairs and Consumer Protection on the question of whether the law on the protection of law enforcement officers and rescue workers should be tightened. He answered this question in the negative and said that he saw no criminological need to tighten the law, which was only tightened in 2011.

"Breach of court"

On the subject of breaking into animal stalls , he criticizes the agreement in the coalition agreement to punish breaking into animal stalls as a criminal offense. There is no justification for protecting animal stalls better than apartments. In addition, a new criminal offense would not affect acquittals such as those confirmed by the Naumburg Higher Regional Court , since the justifying state of emergency ( § 34 StGB) would also apply here as a general rule.

For self-defense in the event of blackmail (chantage)

see his article of the same name in NStZ 1993, pp. 366–368.

interview

Web links

Individual evidence

  1. Chair of Criminal Law, Criminology, Juvenile Criminal Law and Prison Law
  2. published by Mohr Siebeck Tübingen 1992
  3. published by Mohr Siebeck Tübingen 2000
  4. The “Mollath Case” in beck-blog, published on July 7, 2014
  5. ^ Loveparade Duisburg 2010 - negligence, 21 deaths, no main hearing? Discussion about the legal processing of the accident at the Love Parade
  6. Main hearing on the arson attack in Altena - still no political motive ?, published on July 9, 2016
  7. List of publications on beck-blog
  8. New laws against terror?
  9. Report
  10. SZ: NRW Interior Minister Jäger defends authorities in the Amri case
  11. LTO, Resistance Against Enforcement Officials: Government Adopts Controversial Reform
  12. Press release March 17, 2017
  13. Statement (pdf, 18 pages)
  14. Markus Sehl, Break-in by animal rights activists: Is there a new offense "breach of court peace"?
  15. LTO : OLG confirms acquittals for activists, animal welfare is an emergency
  16. ^ Criminal law reform of the GroKo on the wrong track: "Breaking into stables" as a special offense? published on March 6, 2018 on Beck-Blog