Kurt Rüdiger Maatz

Kurt Rüdiger Maatz (born March 17, 1945 in Celle ) is a German lawyer and former judge at the Federal Court of Justice .

Career

After completing his legal training, Maatz entered the higher justice service in Lower Saxony in 1974 . As a probationary judge, he worked at the Lüneburg public prosecutor's office - Celle branch - in civil chambers of the Hanover regional court and at the Celle district court before he was appointed public prosecutor at the Lüneburg public prosecutor's office in November 1976. In 1981 he was seconded to the public prosecutor's office at the Higher Regional Court in Celle for six months . In 1983 he was seconded to the Lower Saxony Ministry of Justice , where he worked in the criminal law department for almost seven years, initially as a consultant and since 1986 as head of department. During this time he was promoted to senior public prosecutor in 1985 at the Celle Public Prosecutor's Office.

In 1990 Maatz was appointed judge at the Federal Court of Justice. He was assigned to the 4th Criminal Senate, of which he was a member until his retirement on March 31, 2010, and of which he had been the deputy chairman since 1997. For the 4th Criminal Senate he was a member of the Grand Senate for Criminal Matters. From 1990 to 1996 he also took on the duties of Investigative Judge IV. Maatz was in the 4th Criminal Senate, which is responsible, among other things, for revisions in traffic criminal matters, in the area of ​​this special area of ​​responsibility in particular with traffic medical questions on alcohol and drug-related driving insecurity. As rapporteur, he has significantly shaped the case law of the Senate on driving uncertainty after drug use (BGHSt 44, 219), on determining absolute driving uncertainty (BGHSt 45, 140) and on determining breath alcohol concentration (BGHSt 46, 358). Another focus of activity was the clarification of questions relating to the assessment of culpability, for example in cases of the diagnosis of “borderline personality disorder” (BGHSt 42, 385). Other important decisions of the 4th Criminal Senate in the field of traffic criminal law also originate from his pen. B. on driving bans when exceeding speed limits (BGHSt 38, 106, 125 and 231), on dangerous interference in road traffic (BGHSt 48, 119) and on the interpretation of the offense of a predatory attack on motorists (BGHSt 49.8) and - for the big Senate for Criminal Matters - the fundamental decision to withdraw the driver's license due to unsuitable character for acts in connection with driving a motor vehicle (BGHSt 50, 93).

He was a popular speaker at scientific conferences in the fields of traffic medicine and forensic psychiatry. In addition, he has made a name for himself as the author of numerous publications in legal, psychiatric and traffic medicine journals. His special commitment to road safety was awarded the Senator Lothar Danner Medal in gold in 2006 by the Association against Alcohol and Drugs in Road Traffic . He was also involved in the self-governing bodies of the Federal Court of Justice; For many years he was a member of the judges' council of the Federal Court of Justice and at times also chaired this body.

Publications

• On the offsetting of pre-trial detention suffered in another matter according to § 51 StGB - a contribution to the concept of procedural unit, monthly for German law (MDR) 1984, 712–716
• Crediting of non-procedural pre-trial detention permitted, Neue Zeitschrift für Strafrecht (NStZ) 1985, 168–169
• Remaining suspension for probation and interruption of the execution of sentences, MDR 1985, 100-102
• The “first-serving regulation” in the government draft of a new section 57 (2) of the Criminal Code - a criminal law-dogmatic contribution to the draft of a criminal law amendment law - suspension of sentence for probation - Bundestag print 10/2720, MDR 1985, 797-803
• For the substantive and procedural assessment of prohibited weapons possession in self-defense cases - at the same time dispute with BGH, NStZ 1981, 299 -, MDR 1985, 881-885
• Problem cases from litigation practice - double conviction in cases of continued actions, MDR 1986, 285–288
• On the concept of a retail store for the protection of minors in public, NStZ 1986, 174–175
• Order of preventive detention alongside sentencing to life imprisonment? NStZ 1986, 476-477
• Can you contest decisions to recruit in accordance with Section 154 (2) StPO if there is a procedural obstacle? MDR 1986, 884-886
• On the turning point effect of an earlier conviction in the context of a subsequent total sentence formation, Neue juristische Wochenschrift (NJW) 1987, 478–479
• For suspension of sentences in the case of first-time serving according to StGB § 57 Abs. 2 Nr. 1, Der Strafverteidiger 1987, 71-74
• Suspension of detention in a detention center after postponement of enforcement? - Sections 35 (1), 36 (1) BtMG - Sections 67d (2), 67e (1) StGB -, MDR 1988, 10-14
• The extension of the probationary period instead of revocation according to the new version of Section 56f (2) StGB by the 23 Criminal Law Amendment Act, MDR 1988, 1017-1020
• Once again - on the first-serving regulation of § 57 Abs. 2 Nr. 1 StGB, NStZ 1988, 114–117
• Offsetting the duration of a provisional withdrawal of the driver's license against the driving ban, Der Strafverteidiger 1988, 84–86
• Revocation of a suspension decision due to “new” facts, Der Strafverteidiger 1989, 39–42
• On the punitive reinforcement of the prohibition of masking - § 27 Abs. 2 Nr. 2 in conjunction with § 17a Abs. 2 Nr. 1 VersG -, MDR 1990, 577-585
• The elimination of the consequences of delayed or neglected interruption of enforcement (§ 454b II 1 StPO), NStZ 1990, 214-219
• The USSR on the way to the rule of law, Deutsche Richter-Zeitung 1991, 237–244
• The continuation of the main hearing in the absence of the defendant, Deutsche Richter-Zeitung, 1991, 200–207
• Crediting of pre-trial detention suffered in a discontinued procedure against the penalty recognized in another procedure if a procedural connection was possible? The criminal defense attorney 1991, 267–270
• Justice in the USSR in Transition, Law in East and West (ROW) 1992, 1–4
• Jurists from the CIS in Germany, Deutsche Richter-Zeitung 1992, 234–235
• Defender's duty to cooperate in the main hearing and loss of reprimand, NStZ 1992, 513-518
• Subsequent total punishment according to StPO § 460, if in the last of the judgments to be included a total punishment was deliberately refrained from? NStZ 1992, 608
• On the inability to drive as a result of taking intoxicating drugs (with Hannskarl Salger), Neue Zeitschrift für Verkehrsrecht (NZV) 1993, 329–332
• Drugs and road safety (with Lothar Mille), Deutsche Richter-Zeitung 1993, 15–25
• The less serious case of manslaughter - attempt at a normative-ethical reduction of § 213 StGB, in: Albin Eser, Hans Josef Kullmann et al. (Ed.): Criminal and criminal procedure law, law and traffic, law and medicine, Festschrift for Hannskarl Salger to Farewell from office as Vice President of the Federal Court of Justice, Cologne: Carl Heymanns, 1995, ISBN 3-452-23049-X
• Section 244, Paragraph 5, Sentence 2 of the Code of Criminal Procedure - discharge or burden of the administration of justice? - A critical appraisal of the change in the criminal procedural right to apply for evidence by the Rechtspflegeentlastungsgesetz, in: Jürgen Goydke, Dietrich Rauschning and others: Trust in the rule of law, Festschrift für Walter Remmers, Cologne: Carl Heymanns 1995, p. 577, ISBN 3-452-22968-8
• Can a (only) attempted serious offense supersede the offense of a completed milder offense? NStZ 1995, 209-213
• Legal requirements for medical findings for assessing fitness to drive while driving under the influence of drugs, Blutalkohol 32, 97-108 (1995)
• The assessment of drunk offenders in the case law of the Federal Court of Justice - The controversy BAK versus psychopathological symptoms, Blutalkohol 33, 233–245 (1996)
• Sections 20, 21 of the Criminal Code, privileging addicts? The criminal defense attorney 1998, 279–285
• Medicines and road safety - criminal and civil law aspects -, Blutalkohol 36, 145–158 (1999)
• The reduction of the culpability due to alcoholization (with Bernhard Wahl), in: Karlmann Geiß, Kay Nehm u. a. (Ed.): Festschrift on the occasion of the 50th anniversary of the Federal Court of Justice, Federal Prosecutor's Office and Attorney's Office at the Federal Court of Justice, Cologne: Carl Heymanns, 2000, ISBN 3-452-24597-7
• Assessment of culpability and placement decision: Between diagnosis and therapy - the legal standpoint on the relationship between judge and expert, in: Andreas Marneros, Dieter Rössner, Annette Haring, Peter Brieger (eds.): Psychiatrie und Justiz, Munich 2000: Zuckschwerdt, ISBN 3-88603 -704-5
• Memory and memory disorders as so-called psychodiagnostic criteria of §§ 20,21 StGB, NStZ 2001, 1–8
• "The being and the ought". Normative aspects on the concept of limit values ​​and fitness to drive - A consideration of the relationship between forensic medicine and law -, Blutalkohol Supplement 2001, No. 1, 40–51
• The judge's scope of assessment from the point of view of the revision judge, Defense Defense Forum 2002, 373–379
• Breath alcohol analysis for traffic crimes? Blutalkohol Supplement 2002, Nr. 2, 12-17 Abbreviation reference
• Breath alcohol measurement - forensic usability and consequences from the AAK decision of the BGH, Blutalkohol 39, 21–35 (2002)
• Drug-related reduction in guilty capacity - the current status of the case law of the Federal Court of Justice, Blutalkohol Supplement 2003, 7-14
• Limit values ​​for drugs or alternatives, Blood Alcohol Supplement 2004, No. 1, 9–15
• Inability to drive after drug use, blood alcohol 43, 451–465 (2006)
• Coercion in road traffic, NZV 2006, 337–347
• Assessment of culpability, forensic psychiatry, psychology, criminology 2007, 147–155
• Intent on drunk driving, Blutalkohol 47, Sup8-Sup13 (2010)
• Relationship between the level of blood alcohol concentration and impairments when driving a bicycle (with Thomas Daldrup, Eckhard H. Roth, Holger Schwender, Nona Mindiashvili, Axel Malczyk, Benno Hartung), Blutalkohol 2015, 1–9
• New limit values ​​for cyclists under the influence of alcohol? The results of the “Düsseldorf study” and the legal conclusions (with Thomas Daldrup, Stefanie Ritz-Timme, Nona Mindiashvili, Benno Hartung), DAR 2015, 3–6
• Cycling under the influence of cannabis (with Thomas Daldrup, Nona Mindiashvili, Stefanie Ritz-Timme , Benno Hartung), NZV 2016, 460–462

Individual evidence

1. ↑ Press release No. 70/2010 of the Federal Court of Justice of March 31, 2010, available on the Internet at http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&Datum=2010-3&nr=51478&pos = 2 & num = 28