Jörg Arnold

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Jörg Arnold (born May 28, 1957 in Radebeul ) is a German lawyer who works as a criminal law scientist and research group leader at the Max Planck Institute for Foreign and International Criminal Law in Freiburg and who previously worked as a judge at the Supreme Court of the GDR . Arnold had been an unofficial employee of the GDR State Security since 1984

Life

After attending the extended secondary school , Arnold worked as a law enforcement officer in Dresden . Then he studied until 1981 at the Humboldt University of Berlin law . In the same year Arnold returned to Saxony , where he worked as an assistant judge at district courts - first in Dresden, later in Zittau, where he was finally elected judge in 1982 . In 1985 he went to the Supreme Court of the GDR in Berlin and was appointed to the 2nd criminal senate. From 1987 to 1989 Arnold worked as a research assistant at this court. 1989 he became a senior assistant at the Humboldt University, where he in 1986 with a thesis on one aspect of the federal German criminal law doctorate was ( "Dissertation A") and in 1989 habilitation ( "Dissertation B"). In 1994 he was appointed private lecturer there.

Arnold has been working at the Max Planck Institute for Foreign and International Criminal Law in Freiburg im Breisgau since 1991, and has been a research group leader since 1995. His main research interests include European criminal law , basic research in criminal law and contemporary legal history. Arnold is primarily concerned with what is known as transition criminal law, that is, dealing with system injustice under criminal law. Numerous publications by Arnold are available. He is one of the editors of the institute's “probably most important” project, the multi-volume work Criminal Law in Response to System Injustice. In 2005, Arnold took part - alongside Egon Krenz , Werner Großmann , Karli Coburger and others - in a commemorative publication for Erich Buchholz . In the context of his publications, Arnold criticized the conviction of GDR judges for perverting the law - for example through the criminal prosecution of Robert Havemann - by German courts and the confirmation of this case law by the Federal Constitutional Court . He described this practice as politically sanctioned criminal law and enemy criminal law.

In 2005 Arnold was appointed honorary professor at the Westphalian Wilhelms University in Münster . He is admitted to the bar, his office is in Pfaffenweiler . Arnold is a member of the board of directors of the Republican Bar Association .

Arnold had been a member of the SED since 1975 .

Work for the Ministry of State Security

In 2013 it became publicly known that Arnold had committed himself to work for the Ministry for State Security of the GDR in 1984 as an unofficial employee (IM) . According to the minutes of the meeting, Arnold reported to his commanding officer about burgeoning critical discussions within the Supreme Court and about the introduction of a rudimentary administrative judiciary in the late 1980s. Arnold revealed the activity in 1991 during an interview with the then director of the Freiburg Max Planck Institute, Albin Eser . But Eser saw no reason to ask Arnold: "At that time he was not at all surprised about his contacts with the Ministry for State Security". The headquarters of the Max Planck Society was not informed about the past of their employee. Following a decision by the company's ethics committee, Arnold disclosed the activity.

The fact that Arnold worked at the Max Planck Institute “with exactly the same topic” “with which he was also concerned as an IM: the GDR justice system” caused criticism. Arnold had for years sharply criticized the processing of the GDR injustice by the West German judiciary and "invented" the normality of criminal law in the GDR in a book of the same name , even though he had previously undermined the independence of the judiciary as an IM. Inadvertently, Arnold himself represents the "normality of GDR criminal law" with his past. However, it is also established that Arnold in more recent publications rejects the accusation made against the West German judiciary that it practiced victorious justice against GDR citizens .

Works (selection)

  • On the essence of sentencing theories of the FRG. In: Enforcement Problems of International Law. Crime, criminal law and criminology in imperialism (Scientific series of the Humboldt University of Berlin). Humboldt University of Berlin, Berlin 1983, pp. 149–163.
  • Settlement of sentences for juvenile first-time offenders, represented by the pronouncement and the design of the sentence on probation for property crimes and unauthorized use of vehicles. Dissertation A, Humboldt University Berlin 1986 (unpublished).
  • The cassation in the criminal proceedings of the GDR. Dissertation B, Humboldt University Berlin 1989 (unpublished).
  • The Supreme Court and its representatives. In: Author collective under the direction of Günter Sarge : The Supreme Court of the GDR. Justice in the service of the people. Staatsverlag der DDR, Berlin 1989, ISBN 3-329-00509-2 , pp. 15–48.
  • Country report German Democratic Republic. In: Albin Eser, Barbara Huber: Criminal Law Development in Europe 4. Part 1: State reports 1989/92 on legislation, case law and literature. Ed. iuscrim, Max Planck Institute for Foreign and International Criminal Law, Freiburg im Breisgau 1993, ISBN 3-86113-994-4 , pp. 309–339.
  • The normality of criminal law in the GDR. Volume 2: The judicial review of confession and revocation of confession in criminal proceedings. Ed. iuscrim, Max Planck Institute for Foreign and International Criminal Law, Freiburg im Breisgau 1996, ISBN 3-86113-978-2 .
  • Criminal Association and Organized Crime. In: Vincenzo Militello: Organized crime as a transnational phenomenon: manifestations, prevention and repression in Italy, Germany and Spain. Ed. iuscrim, Max Planck Institute for Foreign and International Criminal Law, Freiburg im Breisgau 2000, ISBN 3-86113-927-8 , pp. 87–178.
  • How politics sacrifices the law. Germany helps with the forbidden war of aggression. In: Kai Ambos , Jörg Arnold: The Iraq War and International Law. Berliner Wissenschafts-Verlag, Berlin 2004, ISBN 3-8305-0559-0 , pp. 182-186.
  • Karl Marx and the wood theft law. In: Jörg Arnold u. a .: Human-just criminal law. Festschrift for Albin Eser on his 70th birthday. Verlag CH Beck , Munich 2005, ISBN 3-406-52462-1 , pp. 25-48.
  • “Perpetrators with a clear conscience.” Impetus from a moral-philosophical investigation into the GDR past. In: Matthias Mahlmann : Society and Justice. Festschrift for Hubert Rottleuthner. Nomos Verlag , Baden-Baden 2011, ISBN 978-3-8329-6167-1 , pp. 439-457.
  • Transition criminal law and politics of the past. In: Albin Eser, Ulrich Sieber, Jörg Arnold: Criminal law in response to system injustice. Volume 14. Duncker & Humblot , Berlin 2012, ISBN 978-3-428-13678-0 (together with Albin Eser).
  • together with Volker Eick (Ed.): 40 years of RAV. In the struggle for free law and for a democratic right . Westphalian steam boat, Münster 2019, ISBN 978-3-89691-264-0 .

literature

Web links

  • Prof. Dr. Jörg Arnold on the homepage of the Max Planck Institute for Foreign and International Criminal Law (accessed on May 30, 2013).

Individual evidence

  1. ^ Ministry of State Security: Information report on Jörg Arnold, reproduced in part by Sven Felix Kellerhoff : Freiburg criminal law professor was a Stasi informant. In: Die Welt from April 11, 2013 (accessed May 30, 2013).
  2. ↑ a b Prof. Dr. Jörg Arnold on the homepage of the Max Planck Institute for Foreign and International Criminal Law (accessed on May 30, 2013).
  3. ^ Sven Felix Kellerhoff: Freiburg professor of criminal law was a Stasi spy (accessed on May 30, 2013).
  4. ↑ Kai Homilius Verlag : Festschrift for Erich Buchholz ( Memento of the original from March 18, 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 May 30, 2013). @1@ 2Template: Webachiv / IABot / www.kai-homilius-verlag.de
  5. ^ Jörg Arnold: Federal Constitutional Court versus Unification Treaty. The "wall riflemen's decision" on a criminal test stand. In: Neue Justiz 1997, pp. 115–121, here p. 120.
  6. ^ Federal Bar Association : Nationwide official directory of attorneys. (accessed May 30, 2013).
  7. ^ Republican Lawyers' Association: Homepage (accessed May 31, 2013).
  8. ^ A b Christian Booß: The representative of the "normality of GDR criminal law". In: Horch und Guck - magazine for critical reappraisal of the SED dictatorship. Issue 1/2013, pp. 70–71.
  9. ↑ Wulf Rüskamp: East expert at the Max Planck Institute was with the Stasi. In: Badische Zeitung of May 3, 2013 (accessed May 30, 2013).
personal data
SURNAME Arnold, Jörg
BRIEF DESCRIPTION German criminal law scholar and judge
DATE OF BIRTH May 28, 1957
PLACE OF BIRTH Radebeul