IV. Criminal Senate of the Reichsgericht

from Wikipedia, the free encyclopedia

The IV Criminal Senate of the Reichsgericht was a ruling body of the Reichsgericht . It was one of up to six senates that dealt with criminal matters . From 1924 to 1934 he (at times together with the V and VI Criminal Senate ) performed first-instance tasks in the field of political criminal law .

1884-1924

The Senate was established on April 1, 1884 and existed as an appeal instance until October 1, 1924.

Distribution of business in 1896

The Senate was responsible:

for criminal cases from the higher regional court districts of Braunschweig, Breslau, Kassel, Kiel, Posen, Rostock, Stettin.

occupation

Color legend:

Retired before July 1, 1919 in   
Retired before October 1, 1934 in   
Retired after October 1, 1934 in   

Senate presidents

No. Surname appointment Resignation from the Senate
1 Wilhelm Richard Friedrich (1816–1898) April 1, 1884 October 1, 1891 retirement
2 Heinrich Dähnhardt (1836–1902) October 1, 1891 January 1, 1893 Transfer to the 6th civil senate
3 Georg Free Life (1839–1919) January 1, 1893 April 1, 1906 retirement
4th Friedrich Quantity (1845–1920) April 17, 1906 August 16, 1906 Transfer to the 1st criminal senate
5 Julius Friedrich Reichardt (1850–1935) October 1, 1906 April 1, 1919 retirement
6th Heinrich Leopold Moritz Ernst Stoeckel (1856–) April 1, 1919 October 1, 1924 April 15, 1923 to July 15, 1923 at the same time 5th criminal division or transfer to the 3rd criminal division

Imperial judges

No. Surname Senate entry Resignation from the Senate
1 Hermann Wittmaack (1833-1928) April 1, 1884 May 1, 1885 Transfer to the 6th civil senate
2 Karl Oskar Meves (1828–1898) April 1, 1884 December 1, 1896 retirement
3 Julius Petersen (1835–1909) April 1, 1884 July 1, 1884 Transfer to the 1st criminal senate
4th Gustav Friedrich August Wienstein (1828-1891) April 1, 1884 July 1, 1884 Transfer to the 4th civil senate
5 Konrad Nötel (1830–1902) April 1, 1884 January 1, 1892 Transfer to the 4th civil senate
6th Otto Loewenstein (1833–1909) April 1, 1884 May 1, 1886 Transfer to the 6th civil senate
7th Karl von Bülow (1834–1910) July 1, 1884 June 1, 1896 Appointment as Senate President of the 2nd Criminal Senate
8th Hugo Rehbein (1833–1907) July 1, 1884 May 1, 1886 Transfer to the 2nd criminal senate
9 Adolf Wilhelm Zander (1829–1910) May 1, 1886 June 1, 1899 retirement
10 Alexander Wilhelm Hermann Schmalz (1828–1916) June 1, 1886 October 1, 1903 Transfer to the 2nd criminal senate
11 Oskar Loebell (1836-1897) May 1, 1886 January 1, 1891 Transfer to the 5th civil senate
12 Anton Hubert Horten (1838–1903) January 1, 1891 June 1, 1899 Transfer to the 2nd criminal senate
13 Otto Suppes (1836-1911) January 1, 1892 October 1, 1906 retirement
14th Franz Friedrich Schulte (1837-1911) May 16, 1892 January 1, 1893 Transfer to the 3rd criminal senate
14th Julius Friedrich Reichardt (1850–) May 14, 1893 October 1, 1906 Appointment as President of the Senate
15th Anton Braunbehrens (1840–1901) October 1, 1893 December 6, 1901 Deceased
16 Georg Ludwig Konrad von Bruchhausen (1846–1899) May 1, 1894 February 15, 1895 Transfer to the 3rd criminal senate
17th Karl von Hassell (1841–1925) May 1, 1896 October 1, 1896 Transfer to the 3rd criminal senate
18th Arnold Hesse (1838–1908) January 1, 1897 May 1, 1899 Transfer to the 4th civil senate
19th Peter Spahn (1846–1925) June 1, 1898 July 1, 1898 Transfer to the 5th civil senate
20th Günther von Bünau (1844–1899) July 1, 1898 May 1, 1899 Transfer to the 7th civil senate
21st Moritz Alexander Bartsch (1845–1918) May 1, 1899 November 1, 1912 retirement
22nd Alfred Hagens (1856–1934) May 1, 1899 June 1, 1900 Transfer to the 1st civil senate
23 Franz Galli (1839-1917) June 1, 1899 June 1, 1903 retirement
24 Karl Eduard Blume (1847–1909) June 1, 1899 June 19, 1909 Deceased
25th Karl screw (1847-1917) June 1, 1900 November 1, 1911 retirement
26th Albert Richter (1847–) February 15, 1902 September 1, 1913 retirement
27 Heinrich Leopold Moritz Ernst Stoeckel (1856–) June 1, 1903 April 17, 1906 Transfer to the 5th civil senate
28 Friedrich Karl Ludwig Wulfert (1857–1915) April 1, 1906 April 17, 1906 Transfer to the 5th civil senate
29 Karl August Gustav Dumreicher (184–1920) April 17, 1906 June 1, 1907 retirement
30th Edmund Fuchs (1859-) October 1, 1906 July 1, 1910 Transfer to the 7th civil senate
31 Johann Jakob von Metzen (1851-1915) November 1, 1906 April 5, 1915 Deceased
32 Bernhard Oppermann (1853-1917) June 1, 1907 August 23, 1917 Deceased
33 Paul Hermann Ferdinand Ackermann (1853–1915) October 1, 1909 December 1, 1912 Transfer to the 5th criminal senate
34 Wilhelm Büsing (1854–1932) September 16, 1910 December 1, 1919 retirement
35 Adolf Lobe (1860-1939) January 1, 1912 April 1, 1919 Transfer to the 2nd civil senate
36 Rudolf Greuner (1858–1926) November 1, 1912 October 1, 1924 Transfer to the 3rd criminal senate
37 Ernst Rosenberg (1862–) November 1, 1912 February 1, 1919 Transfer to the 5th civil senate
38 Georg Zaeschmar (1852–1932) September 1, 1913 January 1, 1920 retirement
39 Heinrich August Walter Staffel (1861–) June 10, 1914 October 1, 1914 Transfer to the 5th criminal senate
40 Heinrich von Feilitsch (1856–1933) June 1, 1915 January 1, 1916 Transfer to the 5th criminal senate
41 Max Oelschlaeger (1861–) January 1, 1916 April 15, 1923 Transfer to transfer to the criminal senate of first instance (see below)
42 Karl Lorenz (1868–1931) November 1, 1917 May 8, 1922 Transfer to the 5th civil senate
43 Bruno Doehn (1866-1924) October 1, 1918 October 1, 1924 Transfer to the 4th criminal senate (see below)
44 Fritz Seyffarth (1872–1938) April 1, 1919 January 1, 1920 Transfer to the 4th civil senate
45 Franz Hettner (1863–1939) September 16, 1919 April 15, 1921 Transfer to the 6th criminal senate
46 Hermann Schmitz (1873–1952) December 1, 1919 October 1, 1924 Transfer to the 4th criminal senate (see below)
47 Richard Metz (1865-1945) February 3, 1920 October 1, 1923 Transfer to the 4th civil senate
48 Alfred Krühne (1870–) May 1, 1920 October 1, 1924 Transfer to the 2nd criminal senate
49 Alexander Baumgarten (1868–1933) April 1, 1921 October 1, 1924 Transfer to the 4th criminal senate (see below)
50 Richard Alfred Tittel (1870–1937) (Assistant judge April 15, 1921) May 1, 1922 October 1, 1924 Transfer to the 1st criminal senate
51 Guetermann (Gütermann), Karl Emil (1871-) (Assistant judge May 13, 1922) December 11, 1922 Transfer to the 1st criminal senate
52 Max Landois (1873-1935) (Assistant judge December 4, 1922) June 1, 1923 October 1, 1924 Transfer to the 4th criminal senate (see below)
53 Ernst Witten (1871–) (Assistant judge January 10, 1923) July 15, 1923 Transfer to the 5th civil senate
54 Wilhelm Witt (1869–) July 15, 1923 December 1, 1923 Transfer to the 3rd criminal senate
55 Carl Boos (1873-) July 15, 1923 October 1, 1924 Transfer to the 4th civil senate

1924-1926

Established on April 15, 1923 as a special criminal senate, the first instance for high and state treason according to Sections 136 and 138 GVG took the place of the combined second and third criminal senate. From September 16, 1923 he was the fifth criminal senate. It operated as the IV Criminal Senate from October 1, 1924 to April 1, 1926. The members of the criminal senate of first instance were also members of the State Court for the Protection of the Republic .

Senate presidents

No. Surname appointment Resignation from the Senate
1 Paul Richter (1856–1939) * (April 15, 1923) (October 1, 1924) retirement
2 Alexander Niedner (1862–1930) October 1, 1924 (February 1, 1928) retirement

Imperial judges

(); *

No. Surname Senate entry Resignation from the Senate
1 Karl Friedrich Paul (1856–1943) (April 15, 1923) January 1, 1925 retirement
2 Max Oelschlaeger (1861–) (April 15, 1923) January 1, 1925 Transfer to the 3rd criminal senate
3 Max Rosenthal (1868–1930) (April 15, 1923) June 15, 1926 Transfer to the 3rd criminal senate
4th Franz Hettner (1863–1939) (April 15, 1923) April 1, 1926 Transfer to the 2nd criminal senate
5 Otto Warneyer (1867–1941) * (April 15, 1923) (January 3, 1924) Transfer to the 6th civil senate
6th Karl Hüfner (1864–1949) (April 15, 1923) October 15, 1928 Transfer to the 8th civil senate
7th Georg Müller (1868–1945) (April 15, 1923) June 1, 1926 Transfer to the 1st civil senate
8th Robert Teichmann (1867–1942) * (April 15, 1923) (June 15, 1923) Transfer to the 7th civil senate
9 Walter Willhöfft (1873–1936) * (April 15, 1923) (March 25, 1924) Transfer to the 2nd criminal senate
10 Bernhard Ehrlich (1872 -) * (OLGR; Council May 1, 1923 back January 1, 1927) (July 15, 1923 and June 15, 1927) Transfer to the 1st civil senate or 6th civil senate
11 Viktor Hoeniger (1870–1953) * (Laborer; May 1, 1923) (April 1, 1924) Transfer to the 4th civil senate
12 Guetermann (Laborer July 15, 1923) (February 28, 1925) Eliminated
13 Carl Mengelkoch (1870–) (July 15, 1923 or January 1, 1925 (June 26, 1924 and October 15, 1928) Transfer to the 2nd criminal senate or 8th civil senate
14th Bruno Doehn (1866-1924) October 1, 1924 December 10, 1924 Deceased
15th Hermann Schmitz (1873–1952) October 1, 1924 (July 1, 1926) At the same time from April 23, 1926 3rd Criminal Senate
16 Alexander Baumgarten (1868–1933) October 1, 1924 (or May 18, 1926) April 1, 1926 (or October 4, 1928) Transfer to the 4th criminal senate or 4th criminal senate (see below)
18th Max Landois (1873-1935) October 1, 1924 January 1, 1925 Transfer to the 5th civil senate
19th Hans Conze (1879–1942) 4th December 1924 February 1, 1926 Transfer to the 1st civil senate
20th Marcell Driver (1866-1952) 4th December 1924 April 1, 1926 Transfer to the 4th criminal senate (see below)
21st Hermann Arnold (1874–) 4th December 1924 April 1, 1926 Transfer to the 4th criminal senate (see below)
22nd Franz Schleyer (1879–1939) 4th December 1924 April 1, 1926 Transfer to the 4th criminal senate (see below)
23 Karl Lorenz (1868–1931) January 1, 1925 April 1, 1926 Transfer to the 4th criminal senate (see below)
24 Maximilian Schwalb (1864–1943) January 1, 1925 September 16, 1925 Transfer to the 6th civil senate
25th Ernst Hallamik (1870–) January 1, 1925 April 1, 1926 At the same time from December 28, 1925 4th Civil Senate
26th Paul Richard Kahleyß (1872–) January 9, 1925 (June 15, 1927) Transfer to the 6th civil senate
27 Hermann Coenders (1874–) January 1, 1925 April 1, 1926 Transfer to the 4th criminal senate (see below)
28 Friedrich Helber (1870–1942) January 7, 1925 April 1, 1926 Transfer to the 4th criminal senate (see below)
29 Albert Bittinger (1868–1925) February 28, 1925 April 7, 1925 Deceased
30th Heinrich Fickler (1872–) July 1, 1925 4th December 1925 Transfer to the 5th criminal senate
31 Fritz Rheinisch (1868–1953) July 1, 1925 (October 15, 1928) Transfer to the 8th civil senate
32 Julius Lellbach (1873-) July 1, 1925 4th December 1925 Transfer to the 4th civil senate
33 Bruno Krüger (1878–1931) October 1, 1925 4th December 1925 At the same time from November 10, 1925 5th Civil Senate
34 Justus Bender (1870–1954) December 29, 1925 April 1, 1926 Transfer to the 4th criminal senate (see below)
35 Fritz Lindenmaier (1881–1960) January 19, 1926 (April 21, 1926) Transfer to the 1st civil senate

1926-1934

The Senate was established for matters of first instance. He replaced the State Court for the Protection of the Republic to punish criminal offenses of the Republic Protection Act (RSG). The harshness against the left made the state court no longer acceptable for the SPD from 1925 on. On April 1, 1926, the IV Criminal Senate took over responsibility for matters relating to the protection of the Republic and high treason , while the V Criminal Senate was responsible for treason and espionage. It was criticized that Niedner was taken over as president of the fourth criminal senate and that the practice of the state court continued. From October 1928 to the end of 1932 the IV and V Criminal Senate were merged again. At the end of 1932, responsibilities were divided according to letters: IV. Criminal Senate A to L, V. Criminal Senate M to Z (in mid-1933 the VI. Criminal Senate received A to D and T to Z, and L went to the V.

The State Court of Justice has consistently ruled that the ideal competition between preparation for high treason and §§ 7.4 RSG in the case of KPD membership . The KPD was an anti-state association within the meaning of §§ 7.4 RSG. The ideal competition has meant that due to the higher threat of punishment of the RSG were punished the KPD members with prison or jail as opposed to extreme right, - if at all - only for preparation of high treason to imprisonment were convicted.

On April 24, 1934, with the law amending the provisions of criminal law and criminal procedure, the first instance matters were withdrawn from the Reich Court and transferred to the newly created People's Court .

Well-known judgments

occupation

Senate presidents

No. Surname appointment Resignation from the Senate
1 Alexander Niedner (1862–1930) October 1, 1924 February 1, 1928 retirement
2 Karl Lorenz (1868–1931) February 9, 1928 January 16, 1931 Deceased
3 Wilhelm Bünger (1870–1937) June 26, 1931 July 15, 1934 Transfer to the 5th criminal senate

Imperial judges

No. Surname Senate entry Resignation from the Senate
1 Alexander Baumgarten (1868–1933) April 1, 1926 October 1 and 4, 1928 respectively May 18th / 1st July 1926 and 1933 Transfer to the 5th criminal senate
2 Marcell Driver (1866-1952) April 1, 1926 June 15, 1927 Transfer to the 6th civil senate
3 Hermann Arnold (1874–) April 1, 1926 June 15, 1927 Transfer to the 6th civil senate
4th Franz Schleyer (1879–1939) April 1, 1926 November 16, 1928 Transfer to the 2nd civil senate
5 Karl Lorenz (1868–1931) April 1, 1926 February 9, 1928 Appointment as President of the Senate
6th Ernst Hallamik (1870–) April 1, 1926 At the same time from December 18, 1925 4th Civil Senate
7th Hermann Coenders (1874–) April 1, 1926 November 16, 1928 and October 1, 1934 Transfer to the 2nd civil senate
8th Friedrich Helber (1870–1942) April 1, 1926 November 16, 1928 Transfer to the 2nd civil senate
9 Justus Bender (1870–1954) April 1, 1926 January 1, 1927 Transfer to the 2nd criminal senate
10 Otto Schwarz (1876–1960) May 18, 1926 or 1937 before 1931 or 1942/43
11 Josef Brühl (1878–) January 3, 1927 January 1, 1928 From October 14, 1927 also the 5th civil senate
12 Ernst Sontag (1873–1955) July 1, 1927 October 4, 1928 Transfer to the 2nd criminal senate
13 Jakob Richard Ruhl (1878–) January 2, 1928 October 4, 1928 At the same time 5th civil senate
14th Otto Klimmer (1878–1967) November 16, 1928 July 1, 1934
15th Kurt Sonntag (1877–1938) February 1, 1930 September 1, 1933 retirement
16 Rudolf Drechsler (1876–) (Laborer April 1, 1930) July 1, 1931 1933 Transfer to the 5th criminal senate
17th home (Unskilled workers before 1931) (Unskilled workers before 1932)
18th Carl Hertel (1879-1958) (Laborer July 15, 1931) August 15, 1932 1933 Transfer to the 5th criminal senate
19th Erich Schultze (1880-1947) (Laborer November 23, 1931) January 1, 1933 1934 Transfer to the 3rd criminal senate
20th Schröder (Unskilled workers before 1932) 1934
21st Wilhelm Flor (1883–1938) (Unskilled workers before 1932) and 1938 1933 and 1938 Transfer to the 5th criminal senate or died
22nd Gottlieb Full (1880-) (Auxiliary judge 1933) 1934 Transfer to the 2nd criminal senate
23 Emil Lersch (1879–1963) November 1, 1933 July 1, 1934 Judge at the Federal Court of Justice (1950–52)
24 Gerhard Rusch (1884–1936) (Unskilled worker 1934) July 1, 1934
25th Walther Froelich (1880–1945) 1933 July 1, 1934
26th Carl Mengelkoch (1870–) 1934 July 1, 1934

1934-1945

On July 1, 1934, the previous VI. Criminal Senate the designation IV. Criminal Senate; The previous IV and V Criminal Senate were merged to form the V Criminal Senate. At the IV Criminal Senate now the criminal cases from the districts of the higher regional courts Braunschweig , Breslau , Dresden , Frankfurt , Jena , Kassel and Oldenburg (1942: Breslau, Dresden, Hamm , Kattowitz ) as well as the military criminal court cases were located .

Senate presidents

No. Surname appointment Resignation from the Senate
1 Johannes Gündel (1872–1938) July 15, 1934 March 1, 1938 retirement
2 Otto Müller (1878–) May 1, 1938 1942/1943
3 Friedrich Döbig (1887–1970) July 1, 1943 1945 Senate President OLG Nuremberg

Imperial judges

No. Surname Senate entry Resignation from the Senate
1 Emil Niethammer (1869–1956) July 15, 1934 1936
2 Alfred Klingsporn (1877–1938) July 15, 1934 1937
3 Paul Blumberger (1879-1946) July 15, 1934 1936
4th Paul Sellmer July 15, 1934 1936
5 Wilhelm Fuhse (1871–) April 1, 1934 December 1, 1937 retirement
6th Ferdinand Gerlach (1886–1941), July 15, 1934 1937
7th Karl Scheurlen (1888–1945) (Laborer May 11, 1933) April 1, 1935 1938 Transfer to the 3rd criminal senate
8th Fritz Rheinisch (1868–1953) July 15, 1934 February 1, 1935 u. a. President of the Reparation Chamber
9 Wilhelm Menges (1894–1963) (Laborer 1935) (Unskilled workers 1936/1937) Transfer to the 4th criminal senate
10 Otto Zoeller (1872–) 1937 July 1, 1937 retirement
11 Franz Schäfer (1879–1958) August 6, 1937 1942/43 Transfer to the 2nd criminal senate
12 Friedrich Wagner (1895–) (Laborer 1937) April 1, 1938 1942/43 1939 drafted into the Air Force; 1945 without the Senate
13 Anton Neuss (1885–1957) (Laborer 1938) May 1, 1938 1942/43
14th Richard Francke (1886–1947) (Assistant judge May 16, 1938) December 1, 1939 1942/43 Transfer to the 2nd criminal senate
15th Alfred Grahn (1885–1947) (Laborer January 2, 1939) (Laborer 1939)
16 Hugo Luschin (1878-1946) March 31, 1939 and 1944 respectively 1940 or 1945 At the same time 5th criminal senate
17th Heinrich Hackl (1893–) March 31, 1939 1943 Transfer to the 5th civil senate
18th Friedrich Everling (1891-1958) December 15, 1941 1942/43
19th Hans Iber (1886-1946) 1943/44 1945
20th Karl Schörlin (1882–1955) 1943/44 1945
21st Julius Sponsel (1887-) 1943/44 1945
22nd Franz Zeidler (1883–1945) 1943/44 1945
23 Hugo Hornung (1894–) January 1, 1943 1945
24 Robert Kauer (1901–1953) April 3, 1943 Summer 1944 Convocation
25th Karl Pawelka (1890–1948) 1945

literature

  • Adolf Lobe : Fifty Years of the Reich Court on October 1, 1929 . Berlin 1929.
  • Heiko Weidenthaler: The criminal senate of the Reichsgericht from 1933 to 1945 - guardian of justice or henchman of terror? Diss. Würzburg 1999.

Individual evidence

  1. ↑ Deutsche Juristen-Zeitung , vol. 1 (1896) p. 52.
  2. ↑ Councils marked with an asterisk (*) were only members of the criminal senate of the first instance. The dates in brackets indicate entries and exits before October 1, 1924 and after April 1, 1926
  3. ^ Friedrich Karl Kaul : History of the Imperial Court . tape 4, 1933-1945 . Akademie-Verlag, 1971, p. 35 ( limited preview in Google Book search).
  4. ^ Friedrich Karl Kaul: History of the Imperial Court . tape 4, 1933-1945 . Akademie-Verlag, 1971, p. 42 ( limited preview in Google Book search).
  5. ↑ Gotthard Jasper : Justice and Politics in the Weimar Republic In: VfZG , Heft 2, 1982. S. 178.
  6. ↑ Article IX of the law amending provisions of criminal law and criminal procedure, RGBl. 1934 I, p. 341ff
  7. ↑ lat. Certificate of appointment A / 134/2009 from the Leipzig City History Museum .
  8. ↑ after praise; in the second semester with praise not recorded
  9. ^ Friedrich Karl Kaul: History of the Imperial Court . tape 4, 1933-1945 . Akademie-Verlag, 1971, p. 23 ( limited preview in Google Book search).
  10. ^ Friedrich Karl Kaul: History of the Imperial Court . tape 4, 1933-1945 . Akademie-Verlag, 1971, p. 43 f .
  11. ↑ a b c d e f Handbook of the administration of justice . Reich Ministry of Justice, Berlin 1942, p. 27.
  12. ^ Initiative group Lager Mühlberg e. V. (Ed.): Book of the Dead - Special Camp No. 1 of the Soviet NKVD, Mühlberg / Elbe , Mühlberg / Elbe, 2008, p. 79, ISBN 978-3-00-026999-8