Klaus Miebach

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Klaus Miebach (born April 19, 1944 in Nuremberg ) is a German lawyer and former judge at the Federal Court of Justice .

Life

Klaus Miebach began his legal career in 1973 in the judicial service of the state of North Rhine-Westphalia . There he was employed as a probationary judge at the Münster public prosecutor's office and at the regional and local courts in Dortmund . He was seconded to the Federal Ministry of Justice in 1975 and appointed judge at the regional court in 1976, while the secondment was in progress. This was finally followed by a transfer to the Federal Ministry of Justice with the appointment of government director . From there he was given leave of absence from 1984 to 1990, during which time he worked in the legal working group of the CDU / CSU parliamentary group of the German Bundestag . During this time with the parliamentary group, he was Ministerialrat in 1988 .

In 1990 he was appointed judge at the Federal Court of Justice, where he was a member of the 3rd Criminal Senate until he retired on April 30, 2009. The Senate is responsible for state security criminal matters, for criminal matters according to the Foreign Trade Act and for general revision against judgments from the districts of the higher regional courts of Celle , Düsseldorf , Oldenburg and Schleswig . While working at the Federal Court of Justice, Miebach was instrumental in judgments on the criminal liability of employees of the Ministry for State Security (MfS) of the GDR , v. a. involved in the judgment against Markus Wolf , on criminal liability for arson in rescue operations by third parties and on subsidy fraud. For his Senate, he was a member of the Joint Senate of the Supreme Courts of the Federation and was, among other things, the Deputy Security Commissioner of the Federal Court of Justice.

In addition to his judicial work, Miebach also dealt scientifically with criminal law . He is the founder, co-editor of the new Journal of Criminal Law (NStZ), and is editor of the NStZ jurisprudence Reports (NStZ-RR), the new collection of decisions in criminal law (NSTE), and co-editor and co-author of the Munich Commentary to the Criminal Code and Nebenstrafrecht and co-author of the Munich Commentary on the Code of Criminal Procedure .

Individual evidence

  1. ^ BGH judgment of October 18, 1995, Az. 3 StR 324/94 = BGHSt 41, 292.
  2. ^ BGH judgment of September 8, 1993, Az. 3 StR 341/93 = BGHSt 39, 322.
  3. BGH, judgment of November 11, 1998, Az. 3 StR 101/98 = BGHSt B44, 233

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