Manfred Burgstaller

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Manfred Burgstaller (born September 13, 1939 in Wels ) is an Austrian law scholar and former professor at the universities of Linz and Vienna .


Burgstaller comes from a rural non-academic family, but was able to attend high school in Wels. For economic reasons, however, he left school before the Matura and switched to the teacher training institute in Linz . In addition to his teacher training, he finally passed his Matura there in 1958. He then went on to study law at the University of Vienna . In 1961 he finished his studies with distinction and accepted the offer from his examiner Roland Graßberger to work at his institute for criminology. In December 1962, Burgstaller was promoted to Dr. iur. did his doctorate and then continued to work at the Vienna Institute for Criminology, but mainly dealt with substantive criminal law. At the same time he completed his court year . From 1964 he worked as Graßberger's research assistant and worked on his habilitation.

In 1969, Burgstaller completed his habilitation with an examination of the suspension of decisions by jury courts, whereupon he was awarded the Venia legendi for criminal law and criminal procedure law on May 23, 1969. He continued to work as an assistant at the Institute of Criminology. In 1971 he took the chair of Diethelm Kienapfel at the University of Linz . In 1973, Burgstaller was appointed to a newly created extraordinary chair in criminal law by the University of Vienna and appointed head of the “Penal Law Reform” department. In the same year, however, he returned to Linz to take up the full professorship in the newly established chair for criminal law, criminal procedure law and criminology. In 1975 Burgstaller accepted the offer from the University of Vienna to take over the chair for criminal law and criminology from his now retired academic teacher Roland Graßberger. Burgstaller held this chair until his retirement in 2007. Since 2009 he has been the legal protection officer at the Federal Ministry of the Interior .

During his active academic career, Burgstaller tried hard to link criminal law science and practice. He organized numerous seminars and lectures that were dedicated to precisely this matter and was chairman of the Austrian Society for Criminal Law and Criminology from 1976 to 2008. He also made a contribution to the exchange with German criminal law scholars. Burgstaller was a member of the Advisory Board of the Freiburg Max Planck Institute for Foreign and International Criminal Law from 1984 to 1996 .

Burgstaller has been married since 1964 and has had a son since 1974. Since 2001 he has been a real member of the Austrian Academy of Sciences . In 1998 he was also awarded an honorary doctorate from the Eötvös Loránd University in Budapest .

Works and works (selection)

Burgstaller's research activities focus in particular on substantive criminal law, with the focus here again on criminal law dogmatics. At the beginning of his work he mainly devoted himself to the general concept of crime and illegality. His greatest merit, however, can be seen in the dogmatic development of the negligence offenses. Burgstaller's work on this is the decisive basis for the standardization in the Austrian penal code , which came into force in 1975 and which Burgstaller's dogmatics has adopted almost completely in its core.

  • with Konrad Schima, Franz Császár: The suspension of the decision in the proceedings before the jury . Springer, Berlin 1968, ISBN 978-3-211-80875-7 (the parts of this work developed by Burgstaller also served him as a habilitation thesis after revision).
  • The European extradition agreement and its application in Austria . Manz, Vienna 1970.
  • The offense of negligence in criminal law with special attention to practice in traffic matters . Manz, Vienna 1974, ISBN 978-3-214-06914-8 .
  • Shoplifting and how to combat it privately in Austrian criminal law . Wirtschaftsverlag Orac, Vienna 1981, ISBN 978-3-85368-485-6 .


  • Eric Hilgendorf (Ed.): The German-language criminal law science in self-portrayals . De Gruyter, Berlin 2010, ISBN 978-3-89949-791-5 , p. 37-72 .
  • Christian Grafl, Ursula Medigovic (Hrsg.): Festschrift for Manfred Burgstaller for his 65th birthday . NWV Verlag, Vienna 2004, ISBN 978-3-7083-0180-8 .

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