Otto Saedt

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Otto Joseph Arnold Saedt (born July 22, 1816 in Cleve ; † September 2, 1886 in Cologne ) was a German lawyer .

Life

Otto Saedt was the son of a professor. He attended the Royal High School in Cleve from 1825 to 1835 and graduated from high school on August 12, 1835 . On 20 October 1835 he started at the University of Bonn jurisprudence to study. In 1836 he became a member of the Corps Guestphalia Bonn . After two semesters he moved to the Friedrich Wilhelms University in Berlin . On September 8, 1838, he passed the auscultator exam with the grade "very good". A short time later he was sworn in at the regional court and transferred to the Düsseldorf regional court in June 1839 . From June 1839 to July 1840 he served as a one-year volunteer with the 16th Infantry Regiment . On March 12, 1841, he passed the second legal examination with the grade “good” in Düsseldorf and was appointed trainee lawyer on April 6 . After brief periods of service in Koblenz and again in Düsseldorf, he passed the third exam on August 27, 1844 with the grade "very good" and was appointed as a district judge by the Minister of Justice on November 29, 1844 and transferred to the district court in Kleve . On August 4, 1845 he was transferred to Düsseldorf, on November 27, 1847 he received a temporary position at the regional court in Cologne and on December 27, 1848 was appointed state procurator at the regional court.

His most important trial was the Cologne Communist Trial in 1852. This trial was based on an idea by King Friedrich Wilhelm IV of Prussia . In the case of the League of Communists, he himself specified the goal in a letter to Prime Minister Otto Theodor von Manteuffel dated November 11, 1850: the task must be to spy on “the fabric of the liberation conspiracy” by all means. The “Prussian audience” should be given the “longed-for spectacle of an uncovered and (above all) punished plot”. All of the defendants were accused of “having founded a plot in Cologne in the course of 1848, 1849, 1850 and 1851, the purpose of which was to overthrow the state constitution and to arm the citizens and residents against the royal power and against each other in order to stir up civil war. Crimes against Art. 87, 89 and 91 of the Rhenish and Section 61 No. 2 and Section 63 of the Criminal Code for the Prussian States. ”He applied for seven defendants between eight and three years of imprisonment, deprivation of civil rights and payment of the legal costs. The two state procurators August Heinrich von Seckendorff and Saedt were personally awarded the red eagle order “third class with ribbon” and “fourth class” immediately after the end of the trial by King Friedrich Wilhelm IV . Karl August Varnhagen von Ense judged the process:

“Downcast news from Cologne! [...] A shameful, completely unjust judgment! The government has horribly prepared everything for it, spent a year and a half in pre-trial detention, appointed the jury, arranged a rogue, etc. - And such a - like Stieber walks around freely, can boast of demanding rewards while the best men languish in dungeons! [...] All those with legal knowledge here and in the Rhineland were convinced that the accused could not be convicted under the laws currently in force. "

On March 31, 1857, Saedt was appointed advocate general at the Court of Appeal in Cologne. He stayed in this position until October 1, 1879. He was retired as the "Secret Chief Justice Council". He belonged to the "strictly Catholic ultramontane party".

Works

  • The Catholic church factories on the left bank of the Rhine. Their position on the church, the state and the community . Bachem, Cologne 1854; 2nd edition Bachem, 1864 or 1865

literature

Individual evidence

  1. ^ Kösener Corpslisten 1960, 10 , 217
  2. Facsimile Bittel: The Communist Trial in Cologne 1852. 1955, p. 17, text p. 18.
  3. ^ "Assassinations or conspiracies against the life and person of the members belonging to the sovereign's family; Likewise, such assassinations or conspiracies, the purpose of which is either to overturn or change the previous state constitution or succession, or to incite the citizens and residents of the state to arm themselves against the sovereign power, are punishable by the death penalty and the confiscation of property. " ( Rhenish penal code according to the official German translation ordered by the French government . CM Schüller, Crefeld 1836, p. 19)
  4. "A conspiracy exists as soon as the decision to act has been agreed upon by two or more people, if the actual assassination attempt has not yet come about." ( Rheinisches Straf-Gesetzbuch. 1836, p. 20.)
  5. "An assassination attempt or a conspiracy, the purpose of which is either to cause a civil war by arming the citizens or inhabitants of the state against one another, or by inciting them to provoke, or also to bring devastation, bloodshed and pillage into one or more communities, should be punished with the death penalty and the property confiscated. "( Rhenish Penal Code. 1836)
  6. ^ "Treason and treason. A company that aims to forcibly change the succession to the throne or the state constitution. ”( Penal code for the Prussian states. Along with its introduction. From April 14, 1851. Decker, Berlin 1851, p. 20.)
  7. "If two or more people have agreed to carry out a highly treasonable undertaking without the beginning of the act specified in Section 62 having come about, they should be sentenced from five years to lifelong imprisonment." ( Criminal Code for the Prussian States. 1851, P. 21)
  8. "§ 62 As an undertaking through which the crime of high treason is completed, such an act is to be assumed, through which the criminal project is to be carried out immediately." ( Criminal Code for the Prussian States. 1851, p. 21)
  9. ^ Bittel: The Communist Trial in Cologne 1852. 1955, p. 48.
  10. ^ Bittel: The Communist Trial in Cologne 1852. 1955, p. 298.
  11. Justiz Ministerial-Blatt for Prussian legislation and administration of justice . Decker, Berlin 1853. Volume 15, No. 5 from January 28, 1853, pp. 46 and 47.
  12. From the estate of Varnhagen von Ense. Diaries from KA Varnhagen von Ense . Vol. 9. Hoffmann & Campe, Hamburg 1868, p. 411. Online
  13. ^ Von Schulte: Saedt, Otto. 1890.