Henning Piper
Henning Piper (born June 27, 1931 in Schöningen ; † September 15, 2012 ) was a German lawyer and judge at the Federal Court of Justice.
Life
After graduating from high school in 1950, Piper studied law at the Christian Albrechts University in Kiel and the Georg August University in Göttingen . He became a member of the Corps Palaiomarchia-Masovia and Hannovera . After 1990, as an old man, he received the ribbon of the Corps Palaiomarchia Halle . From 1953 he completed his legal clerkship in the district of the Higher Regional Court of Braunschweig . As an assessor in 1959 in Göttingen he was awarded a Dr. iur. doctorate and entered the judge's career in Braunschweig. In 1970 he became a judge at the Braunschweig Higher Regional Court and in 1979 a federal judge in Karlsruhe. In 1990 he took over the chairmanship of the First Civil Senate of the Federal Court of Justice and held it until his retirement in 1996. After reaching the age limit, he did not retire, but instead took over a position as presiding judge at the Dresden Higher Regional Court due to special transitional provisions in the area of justice on the occasion of the so-called reunification . Appointed honorary professor at the Technical University of Dresden in 1998 , Piper retired in 1999.
The "Erna Wazinski Case"
On October 1, 1963, Piper became a judge at the Braunschweig Regional Court. As a judge he was there a. A. concerned in 1965 as assessor in the 3rd Criminal Court in a proceeding in order to challenge the legality of a NS - death sentence to check that on 21 October 1944 by the special court in Braunschweig on the basis of § 1 of the Regulation against enemies of the people against the 19-year-old Erna Wazinski had been imposed for looting. The convict was beheaded on November 23, 1944 .
After the end of the war Wilhelmine Wazinski, the mother of those sentenced to death, tried several times to have the sentence overturned. In addition, she asked for a pension because of the illegality of the judgment. However, the regional court rejected the application. Piper acted as a reporter for the criminal chamber and was unable to identify any illegality of the death sentence passed by the special court in his more than 50-page report. On the contrary: in his justification, in which Piper used the Nazi terminology used in 1944 , he led u. A. from:
"The ordinance against public pests of 5 September 1939, which in its § 1 threatened with death those who" plundered in the cleared area or in voluntarily cleared buildings or rooms ", was the law in force. During the period of validity of the People's Pest Ordinance, the criminal courts had to recognize according to it if and to the extent that its facts were fulfilled. […] In terms of content, the People's Pest Ordinance could not be regarded as absolutely non-binding, because it was immoral and not binding on the judges of 1944. [...] The ordinance was aimed at protecting property that was particularly endangered by the chaos of war. [...] Based on the meaning and purpose of the People's Pest Ordinance, the Chamber believes that the ordinance as such does not affect that certain core area of law which, according to general legal belief, must not be violated by any law or other official measure. [...] The [special] court did not overlook the issue of pest quality. It has tested it and affirmed it. There is no conclusive evidence to support the assumption that it misunderstood the then valid concept of pest property or incorrectly applied it to the established facts. In particular, there are no circumstances which, if properly examined, would inevitably have conveyed the conviction to the special court that the accused was not of the nature of a pest on the basis of the standards set by the Reichsgericht ... "
literature
- Willi Erdmann , Wolfgang Gloy and Rolf Herber (eds.): Festschrift for Dr. Henning Piper. CH Beck-Verlag, Munich 1996, ISBN 3-406-40880-X
Individual evidence
- ↑ Kösener Corpslisten 1996 114 , 41; 59 , 1117.
- ↑ Helmut Kramer: Judge in front of court: The legal processing of special jurisdiction, p. 135, FN 28 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Hans-Ulrich Ludewig , Dietrich Kuessner : "Let everyone be warned" - The Braunschweig Special Court 1933-1945 , In: Sources and research on Braunschweigische Landesgeschichte , Volume 36, self-published by the Braunschweigisches Geschichtsverein , Langenhagen 2000, ISBN 3-928009-17 -6 , p. 241.
Web links
- Literature by and about Henning Piper in the catalog of the German National Library
| personal data | |
|---|---|
| SURNAME | Piper, Henning |
| BRIEF DESCRIPTION | German judge |
| DATE OF BIRTH | June 27, 1931 |
| PLACE OF BIRTH | Schöningen |
| DATE OF DEATH | 15th September 2012 |