Holger Rothfuss

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Holger Rainer Rothfuß (born May 12, 1950 in Pforzheim ) is a German lawyer and was a judge at the Federal Court of Justice from 1996 to 2015 , most recently as Deputy Chairman of the 1st Criminal Senate .

Career

In 1969, Rothfuss graduated from the Reuchlin-Gymnasium in Pforzheim . After studying law at the Universities of Heidelberg and Tübingen and completing his legal clerkship in the Karlsruhe district court , he began his legal career in 1977 as a civil judge at the Rastatt district court. After working at the Baden-Baden Regional Court and Gernsbach District Court , he was seconded to the Federal Ministry of Justice in Bonn from 1980 to 1982 as a research assistant . His work there focused on international civil procedural law and private international law, as well as participating in committees, particularly in Strasbourg and Brussels . From 1982 to 1985 he worked at the Baden-Baden Regional Court in various criminal chambers. He was then seconded as a research assistant to the Federal Public Prosecutor General at the Federal Court of Justice. From there in 1989 he moved to a civil senate at the Karlsruhe Higher Regional Court , where he was given a permanent position as a judge at the Higher Regional Court in 1990 . In 1991 he returned to the Federal Public Prosecutor General and was appointed Senior Public Prosecutor at the Federal Court of Justice.

In 1996, Rothfuß was elected judge at the Federal Court of Justice and initially assigned to the 5th Criminal Senate , which was then based in Berlin . From 1997 he was a member of the 2nd Criminal Senate in Karlsruhe. In October 2009 he moved to the 1st criminal senate . With effect from August 1, 2014, he was appointed Deputy Chairman of the Senate. As such, he represented the Senate as a full member of the Grand Senate for Criminal Matters and was also sent to the Joint Senate of the highest federal courts . After reaching the age limit, Rothfuß retired on September 30, 2015.

Outside employment

Rothfuß has worked as a speaker and lecturer in the field of criminal law for many years. He lectures regularly at the German Judicial Academy in Trier and Wustrau , works as a lecturer for bar associations in the field of specialist lawyer training and holds seminars and lectures for judges, public prosecutors, defense lawyers and legal associations. In his lectures, Rothfuß deals with numerous topics of criminal procedural law and also of substantive criminal law , for which he regularly prepares comprehensive case law overviews. Among other things, he lectures on sentencing, communication according to § 257c StPO, the right to apply for evidence, objections according to § 238 para. 2 StPO, right to ask questions according to § 240  ff. StPO, procedural complaints , the "last word" according to § 258 para. 2 StPO, partial discontinuations after § § 154  ff. StPO, procedural delays, restrictions on legal remedies, tenorization, drafting of judgments, juvenile criminal law, drug offenses and commercial criminal law.

Rothfuß also frequently gives lectures internationally. For example, as a representative of the BGH, he took part in comparative law seminars in Estonia (organized by the Supreme Court of the Republic of Estonia) and Turkey (organized by the Justice Academy of Turkey in cooperation with the German Judicial Academy) with contributions. He also lectured on German criminal law at several international symposia in Turkey. He also works for the IRZ Foundation ; He held a colloquium for them in Armenia on coercive measures in criminal proceedings for Armenian criminal judges , spoke in Jordan at a regional conference with several Arab states on the role of the supreme courts in the standardization of justice and gave a lecture at two specialist conferences with judges from the Ukrainian Supreme Court in Kiev and Bonn on current issues of the administration of justice and jurisdiction of the highest court instances.

In 2016, Rothfuß was a member of Working Group V “New Measurement and Calibration” at the 54th German Traffic Court Conference and dealt in his article with the effects of the new legal regulation on the case law on the “standardized measurement process”, which so far has stated that criminal judges at the judgment of over-speeding detected by means of such procedures has a lower obligation to give reasons. Following his contribution, the working group recommended in its final recommendation not to apply the aforementioned case law to measuring devices that are newly placed on the market for the time being.

Fonts

  • Case law of the Federal Court of Justice on the right to ask , Bahçeşehir University Law Review, Nov./Dec. 2017, p. 219 ff. (Translation into Turkish p. 231 ff.)
  • Effects of the new regulation of the legal metrology on the jurisprudence on the "standardized measurement procedure" , DAR 2016, p. 257 ff.
  • Current case law of the BGH on criminal procedure law , script, series of publications by SAV-Service GmbH, issue No. 27/2015
  • Tenorings , Nack, Armin / Rothfuß, Holger, script, 2014
  • Secret acquisition of evidence with the involvement of the accused , StraFo 1998, p. 289 ff.

Private life

Rothfuß is married and has two grown children.

Individual evidence

  1. ↑ a b Business distribution plans of the BGH (from 2003 available at www.bundesgerichtshof.de )
  2. ↑ Decision of the Presidium of the BGH of June 10, 2009 to change the division of responsibilities ( Memento of May 22, 2015 in the Internet Archive ) (accessed on May 20, 2015; PDF, 1 MB)
  3. ↑ Decision of the Presidium of the BGH on the division of responsibilities of June 30, 2014 ( Memento of May 22, 2015 in the Internet Archive ) (accessed on May 20, 2015)
  4. ↑ a b BGH press release No. 166/2015 of September 30, 2015 (accessed on July 22, 2016)
  5. ^ Annual programs of the German Judicial Academy
  6. ↑ Further education institute of the Stuttgart Bar Association ( Memento of the original from April 13, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on May 28, 2015) @1@ 2Template: Webachiv / IABot / www.rak-fortbildungsinstitut.de
  7. ↑ FAO Portal - Training for Lawyers - Speakers (accessed on July 22, 2016)
  8. ↑ a b Advanced training event "Current case law of the Federal Court of Justice on criminal procedural law" on September 7, 2018, announced in the brochure "Seminar Service", August-November 2018, p. 14, of the Bar Association for the Higher Regional Court District of Koblenz
  9. ↑ Visit to the 1st Criminal Senate of the Federal Court of Justice (BGH) in Bamberg , Wiesentbote (accessed on July 22, 2016)
  10. ↑ a b Saarländischer Anwaltsverein ( Memento from May 28, 2015 in the Internet Archive ) (accessed on May 28, 2015)
  11. ↑ a b Economic Criminal Law Association (accessed on May 28, 2015)
  12. ↑ Munich Legal Society - Program 2016 (accessed on July 22, 2016)
  13. ↑ German Judicial Academy - Annual Review 2012 (accessed on July 22, 2016)
  14. ↑ Comparative Law Symposium on the Challenges of Appeal and Revision Law, 23.-24. September 2017 , Türkiye Hukuk, September 18, 2017 (accessed October 25, 2017)
  15. ↑ Comparative Law Symposium on Prohibitions of Use of Evidence, April 13, 2019 , Bahçeşehir University (accessed April 23, 2019)
  16. ↑ Criminal Law Colloquium for the judiciary in Armenia , www.irz.de (accessed on May 2, 2018)
  17. ↑ Regional conference on “Courts of Cassation and their contribution to the standardization of case law with special consideration of the implementation of international guidelines”, Amman, 6. – 7. April 2019, program brochure of the German Foundation for International Legal Cooperation, p. 3.
  18. ↑ Regional Conference on Courts of Cassation in Amman , www.irz.de, May 6, 2019 (accessed May 31, 2019)
  19. ↑ Ukrainian-German expert discussion on current issues of the administration of justice and case law of the highest court instances in Ukraine and Germany, Kiev, October 28, 2019, program brochure of the German Foundation for International Legal Cooperation
  20. ↑ Expert discussions with judges of the Ukrainian Supreme Court in Bonn, 18.-21. November 2019, program brochure of the German Foundation for International Legal Cooperation eV
  21. ↑ 54th German Traffic Court Day , Verlag Luchterhand, Cologne 2016, ISBN 978-3-472-08961-2 , pp. 149–156
  22. ↑ 54th German Traffic Court Day, Verlag Luchterhand, Cologne 2016, ISBN 978-3-472-08961-2 , p. XIII
personal data
SURNAME Rothfuss, Holger
ALTERNATIVE NAMES Rothfuß, Holger Rainer (full name)
BRIEF DESCRIPTION German lawyer, judge at the Federal Court of Justice
DATE OF BIRTH May 12, 1950
PLACE OF BIRTH Pforzheim