Reinhard Moos

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Reinhard Moos, 2014

Reinhard Moos (born April 29, 1932 in Darmstadt ) is a German and Austrian lawyer who mainly dealt with comparative law and Austrian criminal law , in particular with the rehabilitation of victims of the Nazi justice system . As a full professor for criminal law and criminal procedural law , he taught at the University of Graz from 1972 to 1976 and from 1976 until his retirement in 1998 at the Johannes Kepler University in Linz .

Live and act

Reinhard Moos was born in Darmstadt as the youngest of two children. His father was employed by the Federal Railroad . In Ludwigshafen am Rhein he attended elementary school and the first grade of secondary school until 1942 . When his father was transferred to Danzig , the family followed him in 1943; beforehand, however, they were completely bombed out in Ludwigshafen and could only save their lives with a narrow margin. Until January 1945 he attended high school in Danzig. Then, as the Soviet Army drew closer, they were lucky enough to be able to flee to Berlin on a hospital train . They then stayed with relatives in Reusch (Middle Franconia) and with luck survived the end of the war in the air raid shelter. He passed his Abitur in 1950 in Rothenburg ob der Tauber .

He then studied law , first in Würzburg , and then from 1952 in Freiburg im Breisgau , which was to become a second home for him. During the holidays he worked in construction, in factories or as a furniture carrier. He finished his studies in 1956 with the trainee exam . In 1965 he passed the Second State Examination in Stuttgart , which enabled him to work as a judge or lawyer .

During his training, Moos worked from 1959 with Hans-Heinrich Jescheck at the Institute for Foreign and International Criminal Law, which was elevated to the Max Planck Institute in Freiburg in 1966 . He was a consultant for the German-speaking countries and had to provide numerous legal opinions , especially for the Ministry of Justice in Bonn , the capital of the FRG . Later he was also responsible for the editing of the ZStW ( journal for the entire criminal law science ).

In 1962 Jescheck entrusted him with a dissertation on the development of the term crime in Austria, which gradually grew into a work of 690 typewriter pages on the change in meaning and structure of the term crime in Austria from 1768 to the end of the 19th century. In 1965 Moos passed the Rigorosum with the grade summa cum laude . From this year on, Moos was only responsible for Austria as a consultant at the institute; Germany and Switzerland had taken on other colleagues.

In 1972 Moos completed his habilitation in Freiburg with a thesis entitled “Unreasonableness as a general supra-legal excuse” for the subjects of German and foreign criminal law and criminal procedure law. Jescheck had previously proposed him for a chair at the University of Graz, and in November 1972 he was actually appointed full professor for criminal law and criminal procedure law at the University of Graz, where he soon became head of the institute . Although he soon grew fond of the dear old city, he never really felt at home in Graz.

During Moos' time in Graz a new penal code was created (under the socialist justice minister Christian Broda ), which aimed at prevention through value integration instead of the principle of retaliation . Although not a socialist himself, Moos was a staunch advocate of Broda's reform ideas and was hostile to them, even branded a communist. One of the climaxes of the political differences was in 1976 at a faculty meeting where the re-award of the doctorate to the former SS-Obersturmführer Erich Rajakowitsch , a close colleague of Eichmann , was negotiated. The application was finally rejected, but the discussion meant that the moss earlier previous call to the second professorship of Criminal Law (with additional Venia legendi finally accepted for Criminology) in Linz.

Moos was now able to take root in Linz, thanks in part to his wife Helene Lerch, a woman from Linz who he met by chance on a train ride and married in 1981. A happy family life began with their son Gerwig (who now lives in New York ). Moos sold his house in the Black Forest , which had always served as a refuge , and bought a house on the outskirts of Linz.

The special professional interests of Moos relate in the general part of criminal law to the dogmatics of the concept of crime with the concepts of injustice and guilt in their systematic, legal-theoretical, legal-political and historical references, in particular the intentional homicides, which he has commented on in detail. The meaning of penalties and measures as well as diversion was very important to him, and he made the ideal development of criminology from the Enlightenment to the present the subject of a lecture.

At the center of Moos' criminal procedural work was first the pre-trial detention and then above all the reform of the preliminary criminal procedure, which was decided in 2004 and came into force in 2008. In relevant circles he was called the “spiritual father of this reform”. The public prosecutor's office is no longer limited to the formal "transport function" of the material in the case to the court, but performs the task of the judicial preliminary investigation, which the investigating judge previously had. It automatically turns the suspect into the accused through the first investigative acts and thus gives him his own legal position.

Moos' last major focus of interest is dealing with the political past in the area of National Socialist military justice . He was particularly touched by the fate of the Upper Austrian farmer Franz Jägerstätter , who refused military service as a Catholic Christian for reasons of faith and was therefore sentenced to death in 1943 and executed. From a legal point of view, the question was whether criminal judgments, which in fact complied with the law at the time during the Nazi era, can or must now be viewed as injustice, since they violate human rights and thus against justice. Moos affirmed this opinion against the Austrian formal positivist legal theory. From this follows the legal and moral rehabilitation of the resistance against the National Socialist state. In the end, Moos, although an avowed Protestant, was appointed legal expert for Jägerstätter's beatification procedure at the Vatican , which was successfully completed in 2007. The same problem also applies to the Jehovah's Witnesses who refuse to do military service , for whom Moos also campaigned.

Moos also supported the initiatives of the Greens parliamentary group in the Austrian parliament for the comprehensive legal rehabilitation of victims of military justice and deserters of the Nazi era through articles and bills. After ten years of efforts, it was finally possible to achieve a blanket rehabilitation of the deserters . The efforts to rehabilitate the priest Johannes Gruber, who was murdered in the Gusen concentration camp in 1944 , also go back to his report .

For Reinhard Moos, “law is both an external norm of order and a spiritual power that is based on social ethics and in which law and value are inseparable”. Moos also wrote the remarkable sentence “By protecting the individual, the state protects itself against excessive power”. In 2014, the Association of Austrian Public Prosecutors decided to award Moos the “Wolfgang Swoboda Prize for Humanity in Criminal Proceedings”, which will be presented to him in February 2015.

In his private life, Moos prefers to participate in the creative power of nature, be it through intensive gardening or enthusiastic photography. Moss is also a collector. Its large scientific library, its collections of old Austrian farmer's ceramics and artistically valuable children's picture books are remarkable.

Works (selection)

  • The definition of crime in Austria in the 18th and 19th centuries. Change of meaning and structure, Bonn 1968, 543 pages (comparative legal studies on the entire criminal law science. NF 39)
  • Pretrial detention in Austria. Country report, in: Pretrial detention in German, foreign and international law. Edited by von Jescheck / Krümpelmann, Bonn 1971, 347 f 202 pages (comparative law studies on the entire criminal law science. NF 45)
  • On the reform of the law of criminal procedure and the law on sanctions for minor offenses, Vienna 1981, 246 pages (Linzer Universitätsschriften. Monographs 7)
  • Police and Criminal Trial. Assessment. Negotiations of the 14th ÖJT in Vienna 2000, Vol. IV / 1 Strafrecht, Vienna 2000, 156 pages
  • Sections 75 - 79 StGB (deliberate homicides), in: Vienna Commentary on the Criminal Code, 2nd edition, published by von Höpfel / Ratz, 33rd to 35th Lfg, Vienna 2002, 187 pages
  • § 4 (principle of guilt), in: SbgK. Edited by Triffterer / Rosbaud / Hinterhofer, 10th edition, Vienna 2004, 76 pages
  • § 10 StGB (apologetic emergency), in: SbgK. Edited by Triffterer / Rosbaud / Hinterhofer, 12th edition, Vienna 2005, 60 pages
  • Franz von Liszt as an Austrian, in: Franz von Liszt in memory. On the 50th anniversary of his death, Berlin 1969, 116–138; also in: ZStW 81 (1969), pp. 660-682
  • The preventive measures in the new Austrian criminal law, in: To the new criminal law. Richterwoche 1973, Vienna BMJ 1974, pp. 53–57
  • The final doctrine of action, in: StPdG 2 (1974), pp. 5–41
  • The reform movement of criminal law in Austria, Switzerland and the Federal Republic of Germany, in: Wilburg-Festschrift, edited by the Grazer Law and Political Science Faculty, Graz 1975, 253–287
  • The social function of criminal law and the reform of criminal law, RZ 1977, pp. 229–236
  • The killing in affect in the new Austrian criminal law, ZStW 89 (1977), 796-848
  • The authentic interpretation of the tightening of penalties in the event of a relapse according to § 39 StGB and the concept of guilt, ÖJZ 1980, pp. 113–123, 143–156, 169–173
  • On the state of Austrian crime theory from the perspective of a common law tradition, ZStW 93 (1981), pp. 1023-1043
  • The inadequate criminality of minor offenses according to § 42 Austrian Criminal Code, ZStW 95 (1983), pp. 153-219
  • The division of the main hearing in criminal proceedings, ÖJZ 1983, pp. 561–569, 593–601
  • Basic structures of a new code of criminal procedure. Referat, Verh. Des 9. ÖJT, Vienna 1985, Vol. II / 3 Strafrecht, Vienna 1986, pp. 53–148, 355–373
  • Systematic considerations on the preliminary proceedings, in: New ways in preliminary criminal proceedings. Conference of the Austrian Section of the ÖJK 1985, Vienna 1985, 73-103 (series of publications by the BMJ 27)
  • Accused status and legal relationship in Austrian criminal proceedings, in: Festschrift for Hans-Heinrich Jescheck on his 70th birthday. Edited by von Vogler, Berlin 1985, Vol. 1, pp. 725-755
  • On the reform of conditional release from prison, AnwBl 1986, pp. 441–444
  • The reform of the legal remedies in the criminal process, in: Overall reform of the criminal process. International Christian Broda Symposium. Bad Homburg vd H. 1986. Ed. Von Schreiber / Wassermann, Neuwied and Darmstadt 1987, pp. 177–191
  • Carl Stooß in Austria, SchwZStrR 105 (1988), pp. 35-79
  • The ethical foundations of criminal law, in: dimensions and perspectives of law. Festschrift for Wilhelm Rosenzweig on his 80th birthday. Edited by Machacek / Kostelka / Martinek, Vienna 1988, pp. 399-426
  • Lawyers versus sociologists. What should be considered when introducing conflict resolution from a legal point of view, in: Wiener Zeitung. EXTRA for the weekend of November 25, 1988, 3
  • The extension of the nullity complaint to include the evaluation of evidence according to § 281 para. 1 no. 5a StPO, ÖJZ 1989, pp. 97-106, 135-144
  • Positive general prevention and retribution, in: Criminal Law, Criminal Procedure Law and Criminology. Festschrift for Franz Pallin on his 80th birthday. Edited by Melnizky / OF Müller, Vienna 1989, pp. 283-318
  • Basic lines and location of the Austrian criminal procedural law, in: The criminal process in the mirror of foreign procedural rules. Edited by Jung, Berlin 1990, pp. 47-82
  • The influence of Cesare Beccaria on Austrian criminal law, JBl 1991, pp. 69–85
  • Balanced communication structure of the main hearing through exchange interrogation and division into two sections, ZStW 103 (1991), pp. 553-583
  • “Compensation for offenses” instead of punishment in Austria, SchwZStrR 1993, pp. 56–80
  • Dealing with the past of military jurisdiction. Also a contribution to Franz Jägerstätter, JRP 1994, pp. 135–148
  • The principle of legality in criminal proceedings in Austria in transition, in: Festschrift für Koichi Miyazawa. Edited by Kühne, Baden-Baden 1995, pp. 635–672
  • The accused's duty of truth. Demand for reform to the legislator, Juridikum 4/1995, pp. 31–36
  • Richter and criminal law reform, JBl 1996, pp. 345–361
  • The concept of guilt in the Austrian Criminal Code, in: Festschrift for Otto Triffterer on his 65th birthday. Edited by von Schmoller, Vienna 1996, pp. 169–202
  • Fundamental questions of the reform of the pre-trial procedure, ÖJZ 1996, pp. 886–902
  • Social adequacy and objective attribution of criminal offenses in financial criminal law, in: Current issues on financial criminal law, contributions to the financial criminal law conference Linz 1996. Ed. Von Leitner, Vienna 1996, 85–115; Update 2005, in: Finanzstrafrecht 1996–2002. Edited by von Leitner, Vienna 2006, pp. 113–115
  • The out-of-court settlement of offenses for adults as a substitute for criminal penalties, JBl 1997, pp. 337–357
  • The repeal of the death sentences of the Nazi military judiciary, JRP 1997, pp. 253-265
  • The problem of errors in financial criminal law, in: Current information on financial criminal law. Contributions to the Financial Criminal Law Conference Linz 1997. Ed. Von Leitner, Vienna 1998, 101–143; Update 2005, in Financial Criminal Law 1996–2002. Edited by von Leitner, Vienna 2006, pp. 182–184
  • The rehabilitation of Franz Jägerstätter by the Berlin Regional Court. In: New archive for the history of the Diocese of Linz. Issue 1, 1998/99, pp. 26-30, online (PDF) in the forum OoeGeschichte.at.
  • Human rights and police in historical development, in: Human rights and state power. Edited by Féherváry / Stangl, Vienna 2002, pp. 21–54
  • Law and justice. Conscientious objection under National Socialism and Jehovah's Witnesses, in: Forgotten victims of National Socialism. Edited by R. Steininger, Innsbruck 2002, pp. 23–55
  • The position of the public prosecutor in the preliminary criminal proceedings. From formal to material legal thinking, in: Public Prosecutor's Office in the 21st Century. Tasks - positions - perspectives. Edited by Pilgermair, Vienna 2001, pp. 59-102
  • Objective attribution and socially adequate behavior in the case of value-neutral assistants, in: Festschrift for Stefan Trechsel on his 65th birthday. Edited by Donatsch / Forster / Schwarzenegger, Zurich 2002, pp. 477–504
  • The reform of the main negotiation, ÖJZ 2003, 321–332, pp. 369–381
  • The legal rehabilitation of victims of Nazi military justice, in: Austrian victims of Nazi military justice - rehabilitation and compensation. Edited by Kohlhofer / Moos, Vienna 2003, pp. 65–90
  • Agreements in criminal proceedings, RZ 2004, pp. 56–65
  • The criminal liability of legal persons and the principle of guilt, RZ 2004, pp. 98-105
  • The subjective lack of care in negligence as an element of injustice, in: Festschrift for Manfred Burgstaller for his 65th birthday. Edited by Medigovic / Grafl, Vienna 2004, pp. 111–132
  • The general supra-legal excuse of unreasonableness in Germany and Austria, ZStW 116, 2004, pp. 891–914
  • The Recognition Act 2005 and Dealing with the Past of Nazi Military Jurisdiction in Austria, JRP 2006, pp. 182–196
  • The presence of the defense counsel during interrogations of the accused in the preliminary proceedings, in: Festschrift für Roland Miklau. Edited by Moos / Jesionek / OF Müller, Vienna 2006, pp. 331–351
  • The delimitation of attempt / completion as a reason for invalidity, JBl 2008, pp. 341–347
  • The reasoning of the jury court judgments, JBl 2010, pp. 73–87
  • The Recognition and Rehabilitation Act 2009, JRP 2010, pp. 146–158
  • Why do we need public prosecutors ?, in: Law enforcement under scrutiny. Conference of the ÖJK in Attersee, Vienna 2012, pp. 19–31 (Criticism and Progress in the Rule of Law, Vol. 38)
  • The objective attribution of injustice in deliberate crimes, JBl 2013, pp. 477–487

Honors

literature

  • Festschrift for Reinhard Moos on his 65th birthday, ed. by Christian Huber, Udo Jesionek and Roland Miklau, Vienna 1997
  • Criminal law and value-based thinking, Festgabe for Reinhard Moos on his 80th birthday, ed. by Alois Birklbauer, Christian Huber, Udo Jesionek and Roland Miklau, Vienna 2012

Web links

Remarks

  1. ↑ a b c d e f g h i j R. Moos: Grazer apprenticeship years. My Austrian Way (autobiography), in: Criminal Law and Value-Based Thinking, Festgabe for Reinhard Moos on his 80th birthday, ed. by Alois Birklbauer, Christian Huber, Udo Jesionek and Roland Miklau, Vienna 2012.
  2. ^ R. Moos: The concept of crime in Austria in the 18th and 19th centuries. Sinn- und Strukturwandel , Bonn 1968, 543 pages (comparative legal studies on the entire criminal law science. NF 39).
  3. ↑ a b O. Triffterer: Reinhard Moos - Work and Works in Austria, Germany and Switzerland , in: Festschrift for Reinhard Moos for his 65th birthday, ed. by Christian Huber, Udo Jesionek and Roland Miklau, Vienna 1997.
  4. ^ R. Moos: The social function of criminal law and criminal law reform, RZ 1977, 229-236.
  5. ↑ See last: R. Moos, Salzburg Commentary on the Criminal Code (2004 and 2005) §§ 4 and 12 StGB on guilt and the apologetic emergency; on injustice, see most recently R. Moos, The objective injustice attribution in cases of deliberate crime, JBl 2013, 477 - 487.
  6. ^ R. Moos, Vienna Commentary on the Criminal Code, 2nd edition (2002), §§ 75 - 78 StGB.
  7. ↑ See, among others, R. Moos, The preventive measures in the new Austrian criminal law , in: To the new criminal law. Judges Week 1973, Vienna BMJ, 53; Moos, On the reform of the law of criminal procedure and the law of sanctions for minor offenses , Vienna 1981, 137; R. Moos, Positive General Prevention and Retaliation , in: Criminal Law, Criminal Procedure Law and Criminology. Festschrift for Franz Pallin on his 80th birthday. Edited by Melnizky / OF Müller, Vienna 1989, 283; R. Moos, The Extrajudicial Offense Compensation for Adults as a Substitute for Sanctions , JBl 1997, 337.
  8. ↑ a b Miklau, summary and outlook , in: Criminal proceedings - human rights - effectiveness, Ministerial draft 2001 for a pre-procedural reform, Richterwoche Wels 2001 (series of publications BMJ vol. 106).
  9. ↑ a b R. Moos: On the reform of the law of criminal procedure and the law of sanctions for minor offenses , Vienna 1981, 246 pages (Linzer Universitätsschriften. Monographs 7).
  10. ↑ R. Moos: The position of the public prosecutor in the preliminary criminal proceedings. From formal to material legal thinking , in: Public Prosecutor's Office in the 21st Century. Tasks - positions - perspectives. Edited by Pilgermair, Vienna 2001, pp. 59-102.
  11. ^ R. Moos: Why do we need public prosecutors? , in: Law enforcement put to the test. Meeting of the Austrian Legal Commission in Attersee, 2.-4. June 2011, Vienna 2012, 19-31 (Criticism and Progress in the Rule of Law, Vol. 38).
  12. ↑ R. Moos, Systematic observations on the preliminary proceedings , in: New ways in preliminary criminal proceedings. Conference of the Austrian section of the ÖJK in Weißenbach 1985, Vienna 1985, 73-103 (series of publications of the BMJ 27).
  13. ^ R. Moos: The reform of the preliminary criminal procedure . Enquete in parliament on November 28, 1995. Ed. Von Soyer, Vienna 1996, 41-62 (Juristische Schriftenreihe 96).
  14. ^ R. Moos: Fundamental questions of the reform of the preliminary proceedings , in: ÖJZ 1996, 886-902; Abridged version in: Lines of Development in Criminal Law and Criminal Procedure Law. Lectures given at the 1996 Judges' Week in Rust, Vienna 1996, 37-80 (series of publications by the BMJ 82).
  15. ↑ R. Moos: The position of the public prosecutor in the preliminary criminal proceedings. From formal to material legal thinking , in: Public Prosecutor's Office in the 21st Century. Tasks - positions - perspectives. Edited by Pilgermair, Vienna 2001, pp. 59-102.
  16. ↑ R. Moos, The reform of the preliminary proceedings in Austrian criminal proceedings , in: Festschrift for Heike Jung on his 65th birthday. Edited by Müller-Dietz u. a., Baden-Baden 2007, pp. 581-599.
  17. ↑ R. Moos, Coping with the Past of Military Jurisdiction. Also a contribution to Franz Jägerstätter , JRP 1994, pp. 135–148.
  18. ^ R. Moos, The repeal of the death sentences of the Nazi military judiciary , JRP 1997, 253-265.
  19. ^ Reinhard Moos: The rehabilitation of Franz Jägerstätter by the Berlin Regional Court. In: New archive for the history of the Diocese of Linz. Issue 1, 1998/99, pp. 26-30, online (PDF) in the forum OoeGeschichte.at, also in: Franz Jägerstätter. In memory of his testimony. A handout. , ed. from Pax Christi Upper Austria, Linz 2000, 31-40.
  20. ↑ a b R. Moos. Law and justice. Conscientious objection under National Socialism and Jehovah's Witnesses , in: Forgotten victims of National Socialism. Edited by R. Steininger, Innsbruck 2000, 23-55; at the same time in: freedom of conscience and military service . Edited by von Kohlhofer, Vienna 2000, pp. 105–143.
  21. ↑ a b R. Moos, The legal rehabilitation of victims of Nazi military justice , in: Austrian victims of Nazi military jurisdiction - rehabilitation and compensation. Edited by Kohlhofer / Moos, Vienna 2003, pp. 65–90.
  22. ↑ See E. Putz, Reinhard Moos and his commitment to the beatification of Franz Jägerstätter. A necessary encounter , in: Festgabe für R. Moos for his 80th birthday, Vienna 2012, pp. 107–113.
  23. ^ R. Moos, Austrian Victims of National Socialist Military Jurisdiction. Rehabilitation and Compensation. , Ed. Von Moos and Kohlhofer, Vienna 2003, 122 pages.
  24. ^ R. Moos: The rehabilitation of conscientious objectors using the example of Jehovah's Witnesses , in: DÖW-Mitteilungen. Documentation archive of the Austrian resistance, volume 147, June 2000, pp. 1–4.
  25. ^ H. Metzler, Reinhard Moos and the rehabilitation of Austrian victims of Nazi military justice. A praise for staying long. , in: Festgabe for R. Moos on his 80th birthday, Vienna 2012, pp. 115–125.
  26. ↑ Cf. also Moos' draft the amendment of Stoisits ( Stoisits motion ) to the Justice Committee v. April 19, 2005 regarding a federal law for the rehabilitation of victims of Nazi military justice (21 / A, XXII. GP) and the urgent request for stoisits to the Federal Chancellor in the National Council v. May 12, 2005, StenProt.NR 22. GP, 142 ff. See in detail Moos , the Recognition Act 2005 and the coming to terms with the past of Nazi military justice in Austria, JRP 2006, 182ff, 188f also on the content.
  27. ↑ Cf. W. Moringer, Reinhard Moos and his commitment to the Nazi victim Johann Gruber as well as his criticism of the trial jurisdiction of the Supreme Court , in: Criminal Law and Value-Based Thinking, Festgabe für Reinhard Moos for his 80th birthday, ed. by Alois Birklbauer, Christian Huber, Udo Jesionek and Roland Miklau, Vienna 2012, p. 127.
  28. ↑ Welcome address by Univ.Prof. GDR. Herbert Kalb, Vice Rector of the Johannes Kepler University Linz, in: Criminal Law and Value-Based Thinking, Festgabe for Reinhard Moos on his 80th birthday, ed. by Alois Birklbauer, Christian Huber, Udo Jesionek and Roland Miklau, Vienna 2012.
  29. ↑ R. Miklau, laudation for Reinhard Moos , in: Criminal law and value-based thinking, Festgabe for Reinhard Moos on his 80th birthday, ed. by Alois Birklbauer, Christian Huber, Udo Jesionek and Roland Miklau, Vienna 2012.
  30. ↑ a b Archived copy ( memento of the original dated February 24, 2016 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. @1@ 2Template: Webachiv / IABot / www.staatsanwaelte.at
personal data
SURNAME Moss, Reinhard
BRIEF DESCRIPTION German and Austrian lawyer
DATE OF BIRTH April 29, 1932
PLACE OF BIRTH Darmstadt