Jürgen-Peter Graf

Jürgen-Peter Graf (born December 22, 1952 in Oberkirch (Baden) ) is a German legal scholar and was a judge at the Federal Court of Justice . Most recently, he was Deputy Chairman of the 1st Criminal Senate from October 2015 to June 2018 . He is now working as a lawyer nationwide.

education

Graf passed his Abitur in 1971 at what is now the Hans-Furler-Gymnasium in Oberkirch. After completing his military service in Regensburg, he began studying law at the Albert-Ludwigs University of Freiburg in October 1972 , where he passed the first state examination in 1977.

After completing his legal clerkship in the Baden-Württemberg judiciary, he passed his second state examination in 1979 in Stuttgart . He then worked as a research assistant at the University of Freiburg. In 1984 he did his doctorate on the subject of family law “Disposition powers over pension equalization acc. Section 1408 (2) BGB ".

Career

In January 1983, Graf resigned as judge in the Baden-Württemberg Justice and was in the following years at the District Court Emmendingen , prosecutors Freiburg, the Freiburg District Court , the District Court Loerrach and the District Court of Freiburg operates.

In August 1988 he was assigned to the Federal Public Prosecutor's Office in Karlsruhe as a research assistant . There he was first in the investigation department, then in the department for revision criminal matters.

From April 1992 to September 1992 he was then employed as a department head at the General Public Prosecutor's Office in Karlsruhe.

On October 1, 1992, he returned to the Federal Public Prosecutor's Office - nominally on a secondment from a post as a public prosecutor in Freiburg and from December 1, 1993 also on a secondment from a post as a senior public prosecutor in Trier - where he subsequently initially conducted investigative proceedings against right-wing extremists Offender edited. Around the same time he was promoted to senior public prosecutor at the Federal Supreme Court in December 1994, he specialized in investigative work, above all in questions of telecommunications surveillance , provider responsibilities and, in general, the area of criminal offenses on the Internet . This has resulted in numerous national and international lectures on these topics (including as an employee of the G8 subgroup High-Tech-Crime ) and corresponding publications. In addition, he was deputy data protection officer at the Federal Public Prosecutor's Office for several years.

On February 5, 2003 he was appointed judge at the Federal Court of Justice, where he initially served the u. a. was assigned to the 2nd civil senate responsible for company law . Since April 1, 2004, he has been a member of the 1st Criminal Senate , which is responsible for revision matters from the federal states of Baden-Württemberg and Bavaria, for all revisions in tax and customs criminal matters as well as military criminal matters. At the end of June 30, 2018, Graf retired as a judge due to reaching the age limit.

Since July 20, 2018, he has been working as a lawyer in Karlsruhe in criminal matters, in particular revision matters, as well as in commercial and tax criminal matters, after initially having successfully dealt with civil and corporate matters again. Since March 1, 2019, he has joined the Düsseldorf criminal law boutique for white-collar crime as Of Counsel VBB Rechtsanwälte and heads the Karlsruhe branch of the law firm.

Private

Graf is married and has two grown daughters and one grown son.

Outside employment

Expert activity

In recent years he has been appointed as an expert in many cases as an expert at public hearings of the Legal Committee of the German Bundestag, including on March 21, 2007 on the subject of combating computer crime, on April 25, 2007 on the draft of a law amending the Customs Investigation Service Act , on March 19 , 2007 21st September 2007 on the amendment of the law of telecommunications surveillance and the introduction of data retention, on March 18, 2009 on the draft law to reform criminal law and on April 22, 2009 on the draft law to prosecute the preparation of serious acts of violence that endanger the state. On May 27, 2009, he was appointed as an expert to the public hearing of the Committee on Economics and Technology of the German Bundestag on the draft law to combat child pornography in communication networks. He was also named as an expert for the two public hearings of the Legal Committee of the German Bundestag on September 10, 2010 on the subject of "Reorganization of the law of preventive detention" and on the same day on the draft laws of the opposition parties to repeal the law to make access to child pornographic content more difficult in communication networks.
On January 26, 2011, he was invited as an expert to the public hearing on the draft law to strengthen the freedom of the press in criminal and criminal procedure law (PrStG), which is intended to impunity for journalists for aiding and abetting the betrayal of secrets by public officials (Section 353b StGB) . In 2012, on June 13, 2012, he was invited as an expert at the public hearing of the Legal Affairs Committee to draft amendment laws of the SPD parliamentary group and the Federal Council with the aim of using inhumane, especially racist or xenophobic, motives and goals of the offender as special reasons for the assessment of sentences Section 46 (2) of the Criminal Code (StGB), which are to be taken into account in the context of sentencing, and on December 12, 2012 at the public hearing of the Legal Committee on the draft law on the criminal liability of commercial promotion of suicide. Most recently, he was invited as an expert at the public hearing of the Committee on Legal Affairs and Consumer Protection on February 15, 2016 on the draft of a law amending the right of placement in a psychiatric hospital in accordance with Section 63 of the Criminal Code.

Editing and writing

He is the editor of the Beck’s online commentary on the law on regulatory offenses , published since 2012, as well as the Beck’s online commentary on the StPO, published since 2008, where he himself comments on §§ 99–100e StPO (confiscation of mail, e-mail confiscation and telecommunications surveillance ), including the new provisions on the source TKÜ and online searches as an intervention measure of the StPO as well as the provision of § 100j StPO, also §§ 3, 95 ff and §§ 148, 149 TKG (in particular the permissibility of data storage by providers and on the problem of data retention) as well as the new §§ 198 ff. GVG on legal protection in excessively long court proceedings. This StPO comment was first published in April 2010 as a print version Graf / StPO ; the second edition came on the market in September 2012, the third edition with all the reform laws of summer 2017 will appear in January 2018. Furthermore, he is co-author of the Munich Commentary on the Criminal Code , which was published in its 3rd edition in 2017 (in particular on Sections 201, 201a, 202, 202a, 202b, 202c, 202d. 204 and 205 StGB and Sections 353b, 353d StGB (only up to 2nd edition)), the Karlsruhe Commentary on the OWiG (questions of electronic filing - Sections 110a ff., Statute of limitations - Sections 31 ff.) And the Karlsruhe Commentary on the StPO (right of remand custody, electronic documents, accelerated proceedings). In addition, he is co-editor and author of the commentary by Graf / Jäger / Wittig on the entire commercial and tax criminal law, published in July 2011. The 2nd edition of this work was published in February 2017, in which he himself commented on the Embryo Protection Act together with Catharina Graf. In January 2011, the completely revised book was published in the JUS publication series "Sample texts on criminal proceedings", which is primarily aimed at legal trainees as well as young judges and public prosecutors; the current new edition was published in February 2015. In April 2011 he compiled an overview of the case law relating to important decisions by the Federal Court of Justice and the Federal Constitutional Court in criminal law and criminal procedure law for 2010, and in March 2012 the corresponding decision overview for 2011. The edition of the overview of case law for 2012 is on March 13, 2013, for 2013 on March 17, 2014, for 2014 on March 13, 2015, for the 2015 reporting year end of April 2016, for the 2016 reporting year on 16 March 2015. Published March 2017, for the 2017 reporting year on January 8, 2018 and for the 2018 and 2019 reporting years on March 30, 2020. Since May 2013, Beck's new online commentary on German penal law has been published under his editorship, starting with the online commentary on the penal law (Bund), available from May 2013. The first state enforcement laws are from January 2014, beginning with the pretrial prison law of Schleswig-Holstein and all of Bavaria's penal law, published. In the meantime, at least essential parts of the respective penal law have been commented by all federal states; the penal laws of Bavaria, Brandenburg, Rhineland-Palatinate, Saxony, Thuringia, Lower Saxony and Baden-Württemberg (Ed. Wulf) are already fully commented. On June 26, 2014, a comment on the guidelines for criminal proceedings and fine proceedings (RiStBV) as well as the order on communications in criminal matters (MiStra) appeared for the first time as an online comment in Beck-Online; the comment was also published on July 31, 2015 in an updated form as a print edition. Graf was also co-editor of the New Journal for Economic, Tax and Corporate Criminal Law (NZWiSt) until 2019 . The latest publication in magazines is a treatise "Sources of error in understanding in criminal proceedings", published in: Deutsche Richterzeitung (DRiZ) 2016, 308 ff. The online commentary on the Courts Constitution Act (GVG) published by him was published on October 24, 2018, which not only comments on all GVG regulations, but for the first time also contains comments on the associated implementation laws of all federal states.

Speaker activity

He has been a permanent speaker at the German Judicial Academy in Trier and Wustrau since 1995 for questions of criminal law and the code of criminal procedure, organized crime, but above all for computer and internet crimes, most recently at two events in October 2014. He also gives presentations at training courses almost every year and seminars by police officers and lawyers on these topics, in particular on the problem areas of telecommunications surveillance law, which are very important in practice, and the resulting possibilities and limits for investigations to solve criminal offenses. In this context, he gave a lecture in 2012 at the annual meetings of the regional associations of Saxony and Berlin of the Bund Deutscher Kriminalbeamter (BDK). On March 21, 2012, he held the symposium “Crime and Internet. Legal bases and requirements for evidence ”the introductory lecture on the topic“ Basics, case law and current developments in Internet criminal law ”; At the Baden-Württemberg Police University in Villingen-Schwenningen, he gives a lecture in the summer semester, most recently in May 2015, on "Possibilities and limits of telecommunications surveillance measures, in particular with regard to the admissibility of source TKÜ and the surveillance of social networks", and in October In 2012 at a meeting of the Stuttgart Public Prosecutor's Office on the same issues. In August 2011 he was invited by the German Embassy to Panama to give various lectures and workshops on the subject of cybercrime and cybercrime. He also spoke with the Attorney General of Panama, José Ayú Prado, as well as judges of the Supreme Court about the possibility of a joint future exchange of experiences and help with the training of police and judiciary from Panama. On February 25, 2013, he gave a lecture at the CyberCrime Symposium at the University of Hamburg on the subject of “Regulation of CyberCrime as a Challenge to Legal Policy”. On July 10, 2015, he gave a lecture in Tübingen at the advanced training event of the Baden-Wuerttemberg Lawyers' Court on the subject of "Legal infidelity in the case law of the Federal Supreme Court". On October 18, 2016 he gave the main lecture "Current case law of the BGH on criminal tax law" at the "3rd WCL Frankfurter Tax Talks" in Frankfurt / Main. For several years he has also been a speaker at conferences of the German Lawyers Academy and lawyers associations throughout Germany on questions of the current case law of the Federal Supreme Court in criminal matters, on questions of revision law and on current problems of telecommunications surveillance law.

Teaching assignments

Graf was a lecturer at the Law Faculty of the Ruprecht-Karls-Universität Heidelberg from 2005 to 2010 ; since the summer semester 2011 he has been a lecturer at the Julius-Maximilians-Universität Würzburg and since the winter semester 2011/12 also at the Offenburg University of Applied Sciences . In April 2015 he was appointed honorary professor by the University of Technology, Economics and Media in Offenburg. Since September 2018 he has also been teaching civil and commercial law at the FOM University in Karlsruhe and Mannheim.

Publications

• Sources of error in communication in criminal proceedings, DRiZ 2016, 308 ff.
• Prison law Berlin . Beck'scher Online Commentary, Munich 2016, Edition 3
• Prison law Hamburg . Beck'scher Online Commentary, Munich 2016, Edition 3
• Mecklenburg-Western Pomerania penal law . Beck'scher Online Commentary, Munich 2016, Edition 3
• Saxony-Anhalt penal law . Beck'scher Online Commentary, Munich 2016, Edition 3
• Rhineland-Palatinate penal law . Beck'scher Online Commentary, Munich 2016, Edition 5
• Prison law Hessen . Beck'scher Online Commentary, Munich 2016, Edition 5
• Schleswig-Holstein penal law . Beck'scher Online Commentary, Munich 2016, Edition 6
• North Rhine-Westphalia penal law . Beck'scher Online Commentary, Munich 2016, Edition 5
• Prison law Bremen . Beck'scher Online Commentary, Munich 2016, Edition 6
• Prison law Thuringia . Beck'scher Online Commentary, Munich 2016, Edition 7
• Prison law Bavaria . Beck'scher Online Commentary, Munich 2016, Edition 5
• Prison law of Lower Saxony . Beck'scher Online Commentary, Munich 2016, Edition 7
• Prison law in Saxony . Beck'scher Online Commentary, Munich 2016, Edition 6
• Saarland penal law . Beck'scher Online Commentary, Munich 2016, Edition 3
• Brandenburg penal law . Beck'scher Online Commentary, Munich 2016, Edition 4
• Federal penal law . Beck'scher Online Commentary, Munich 2016, Edition 9
• Administrative Offenses Act . Beck'scher Online Commentary, Munich 2016, Edition 12
• Courts Constitution Act . Beck'scher Online Commentary, Munich 2018, Edition 1
• Jürgen-Peter Graf et al. (Ed.): Commercial and tax criminal law. Comment . CH Beck, Munich 2011, ISBN 978-3-406-60962-6
• Criminal Procedure Code with RiStBV and MiStra . Beck'scher Online Commentary, Munich 2017, Edition 28
• Code of Criminal Procedure . 2nd edition CH Beck, Munich 2012, ISBN 978-3-406-63992-0
• Code of Criminal Procedure . 1st edition CH Beck, Munich 2010, ISBN 978-3-406-59788-6
• BGH case law Criminal Law 2015 . 1st edition 2015, ISBN 978-3-11-037606-7
• BGH case law criminal law 2014 . 1st edition 2014, ISBN 978-3-11-035542-0
• BGH case law criminal law 2012/13 . 1st edition 2013, ISBN 978-3-11-030274-5
• BGH case law criminal law 2011 . 1st edition 2012, ISBN 978-3-11-027391-5
• BGH case law criminal law 2010 . 1st edition 2011, ISBN 978-3-11-025962-9
• § 41a, §§ 112–118a, §§ 417–420 StPO. In: Rolf Hannich (Ed.): Karlsruhe Commentary on the Code of Criminal Procedure . 7th edition 2013, ISBN 978-3-406-63672-1
• § 41a, §§ 112–118a, §§ 417–420 StPO. In: Rolf Hannich (Ed.): Karlsruhe Commentary on the Code of Criminal Procedure . 6th edition 2008, ISBN 978-3-406-49798-8
• Sections 110a – 110e OWiG. In: Lothar Senge (Ed.): Karlsruhe Commentary on the Administrative Offenses Act . 3rd edition 2006, ISBN 3-406-53746-4
• §§ 31-34, §§ 110a – 110e OWiG. In: Lothar Senge (Ed.): Karlsruhe Commentary on the Administrative Offenses Act . 4th edition 2014, ISBN 978-3-406-66044-3
• Graf: Sample texts on criminal proceedings . 9th edition. 2015, ISBN 978-3-406-67391-7
• Graf, Schroers: Sample texts on criminal proceedings . 8th edition. 2011, ISBN 978-3-406-61326-5
• Sections 201–202d, Sections 204–205 StGB. In: Joecks, Miebach (ed.): Munich Commentary on the Criminal Code , Vol. 4th, 3rd edition 2017, ISBN 978-3-406-68554-5
• §§ 201–202c, §§ 204–205 StGB. In: Joecks, Miebach (Ed.): Munich Commentary on the Criminal Code , Vol. 4th, 2nd edition 2012, ISBN 978-3-406-60293-1
• Sections 201–202a, Sections 204–205 StGB. In: Joecks, Miebach (Ed.): Munich Commentary on the Criminal Code , Vol. 3rd, 1st edition 2003, ISBN 3-406-48827-7
• §§ 353b – 353d StGB. In: Joecks, Miebach (Ed.): Munich Commentary on the Criminal Code , Vol. 5th, 2nd edition 2014, ISBN 978-3-406-60295-5
• §§ 353b – 353d StGB. In: Joecks, Miebach (Ed.): Munich Commentary on the Criminal Code , Vol. 4th, 1st edition 2006, ISBN 3-406-48828-5

Memberships and volunteers

Jürgen-Peter Graf was chairman of the district association of the Junge Union Südbaden from 1983 to 1987, and from 1981 to 1987 he was also a member of the state board of the Junge Union Baden-Württemberg. From 1991 to 1993 he was deputy district chairman, then until 1997 district chairman of the CDU Emmendingen. He headed the State Working Group of Christian Democratic Jurists (LACDJ) Baden-Württemberg for 22 years as chairman from 1991 to 2013.

Web links

• internet-strafrecht.de

Individual evidence

1. ^ Message from the press office of the BGH, No. 109/2018 of June 29, 2018
2. ↑ VBB Lawyers Düsseldorf / Essen / Karlsruhe. Retrieved September 22, 2019 . 
3. ↑ webarchiv.bundestag.de (PDF; 28 kB)
4. ↑ webarchiv.bundestag.de (PDF; 138 kB)
5. ↑ webarchiv.bundestag.de (PDF; 2.6 MB)
6. ↑ webarchiv.bundestag.de (PDF; 145 kB)
7. ↑ webarchiv.bundestag.de (PDF; 27 kB)
8. ↑ webarchiv.bundestag.de (PDF; 21 kB)
9. ↑ webarchiv.bundestag.de (PDF; 18 kB)
10. ↑ bundestag.de  ( 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. (PDF; 84 kB)  
11. ↑ bundestag.de  ( 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. (PDF; 89 kB)  
12. ↑ http://webarchiv.bundestag.de/cgi/show.php?fileToLoad=2390&id=1182
13. ↑ http://www.bundestag.de/dokumente/textarchiv/2012/37871110_kw24_pa_recht/207748
14. ↑ bundestag.de  ( 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. (PDF; 82 kB)  
15. ^ Committee on Legal Affairs and Consumer Protection: List of experts from the Bundestag committee. February 12, 2016, accessed April 5, 2016 . 
16. ↑ Reading sample of § 100a StPO ( Memento of the original from July 17, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 368 kB)  
17. ↑ https://beck-online.beck.de/default.aspx?vpath=bibdata/komm/BeckOK_StPO_20/TKG/cont/BeckOK.TKG%2Ehtm
18. ↑ d-nb.info
19. ↑ d-nb.info
20. ↑ d-nb.info
21. ↑ portal.dnb.de
22. ↑ portal.dnb.de
23. ↑ [1]
24. ↑ [2]
25. ^ Graf: BGH case law criminal law 2016. Graf, accessed on April 28, 2016 . 
26. ↑ Graf among others: RiStBV and MiStra . Ed .: Graf. First edition edition. CH Beck, Munich 2015, ISBN 978-3-406-67622-2 , p. 947 .
27. ↑ List of editors on the website of the New Journal for Economic, Tax and Corporate Criminal Law
28. ↑ pa.polizei-nds.de
29. ↑ panama.diplo.de  ( 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.  
30. ↑ panama.diplo.de  ( 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.  
31. ↑ Archive link ( Memento of the original from January 21, 2013 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. (PDF; 1.5 MB)  
32. ↑ 3rd WCLF - TAX / IP discussions October 18, 2016 in Frankfurt. In: XING AG. Retrieved October 18, 2016 .