Reinhard Frank (legal scholar)

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Reinhard Frank

Reinhard Frank , since 1912 by Frank , (born August 16, 1860 in Reddighäuser Hammer , † March 21, 1934 in Munich ) was a German criminal and international lawyer .

Life

His father Wilhelm (1829–1889) was a hammer owner in the Hessian hinterland . Otto Frank was a cousin . Since his father wanted him to become a businessman , he attended a Realprogymnasium in Biedenkopf from 1871 . Frank then switched to secondary school in Groß-Umstadt . In order to be able to study, he attended the Philippinum grammar school in Marburg and graduated from high school in 1879. In 1880 he was a one-year volunteer in the Hessian Jäger Battalion in Marburg; He did not aspire to the often usual career as a reserve officer.

Frank first studied philology and mathematics for one semester in Marburg , then switched to law. During his studies in Marburg he was a member of the Germania Marburg fraternity . He studied in Munich for two semesters in 1881/82. Frank was a listener to Holtzendorff , whose chair he took in 1913. From Brinz's lectures he got the impression that Jhering rejected. Then he went to Kiel . There he passed the first legal exam in 1883. During his time as a trainee lawyer in Battenberg and Marburg, he met Franz von Liszt , with whom he received his doctorate in 1886 and completed his habilitation in 1887 in the subjects of criminal law, civil procedural law and church law. From 1881 he reviewed in Liszt's " Journal for the entire criminal law science ". He did not complete his legal clerkship. In relation to Liszt's modern school, he assumed a mediating position in the spirit of Adolf Merkel .

When his father died in 1889, Frank took over the management of the company. In 1913 he merged the hammer with Adolfshütte in Niederscheld , which also belonged to the family, to form the family business of Frank'sche Eisenwerke. At the age of only 29, Frank became a full professor in Gießen in 1890 (successor to Bennecke ). In 1897 he turned down the offered "Reichstag mandate for the district of Giessen". In 1899 he accepted the call to Halle for Liszt's chair. In 1902 he went to Tübingen. There he became an honorary member of the Tübingen fraternity Derendingia in 1919 .

From 1902 to 1914 Frank worked on the first criminal law reform in Germany since 1871. From 1902 he worked on the section on completion and attempt in the general part and extortion and robbery in the special part in the sixteen-volume work "Comparative representation of German and foreign criminal law" published by the Reich Justice Office. From 1906 a commission of civil servants worked at the same time and in 1909 presented a “preliminary draft”. Since he was not satisfied with the draft worked out by practitioners, he took part in the preparation of an alternative draft. At the second commission from 1911 to 1913 was involved. Frank turned down an offer at the University of Strasbourg in 1913.

In 1914 he went to Munich. Almost at the same time, his friend Beling , who dedicated his “Doctrine of Crime” to him, went with him . He was also friends with Philipp Heck , who dedicated his law of obligations textbook to him. During the First World War Frank justified the violation of Belgium's neutrality and denied the extradition of Kaiser Wilhelm II in an expert report in 1919 . In 1929 he described his political position as democratic, liberal and "politically left" until the point when "the revolution with its patriotic undertones had pushed him strongly to the right".

In 1920 he became rector of the university, after the call to Leipzig as the successor wax had declined. Karl Engisch:

“When this happened (1920), I was just a student in Munich and heard Frank's criminal trial. I remember the minute-long applause that the auditorium gave to the man, who was dry in the lecture, but still highly admired as a teacher and person, for rejecting the Leipzig reputation. My father's recommendations also led me to stay at Frank's house. He regularly offered the students potato pancakes for lunch because they weren't available in the inns. The atmosphere that surrounded you was of a winning familiarity. "

His commentary on the Reich Criminal Code, which had been published since 1897 and had 18 editions until his death, was often quoted. He died in March 1934.

Frank's formulas

  • To distinguish whether the withdrawal from the experiment is based on autonomous or heteronomous motives:
“I don't want to get there, even if I could” (autonomous), “I can't get there even if I wanted to” (heteronomous).
  • Differentiation between intent and negligence:
  • First formula:
"If one comes to the conclusion that the perpetrator would have acted even with certain knowledge, [...] the intent must be affirmed; if one comes to the result that with certain knowledge he would have omitted the act, then the resolution is to be denied. "
  • Second formula:
In a hypothetical judgment, the perpetrator says to himself: "May it be one way or another, one way or the other, in any case I will act."

(The motto, "It will be fine!" For deliberate negligence; "Well, if it does !" For dolus eventualis , the former goes back to Diethelm Kienapfel .)

  • to blame

"A forbidden behavior is to be blamed on someone if you can blame him for taking it."

"Guilt is reproachable."

Fonts

  • Of Ragnar Engelhard embarrassing law. A contribution to the knowledge and assessment of Wolff 's legal philosophy , Diss. Marburg 1886. - Digitized via Google Books
  • The Wolff'sche criminal law philosophy and its relationship to the criminal policy investigation of the XVIII. Century, Habil. Marburg 1887 - digitized via Google Books
  • Presentation and will in the modern Doluslehre , in: Journal for the entire criminal law science , Volume 10 (1890), pp. 169–228 (digitized via Google Books )
  • The newer disciplinary laws of the German Protestant regional churches are systematically presented, Marburg 1890 - digitized via Google Books
  • Natural law, historical law and social law, Leipzig 1891 - digitized via Google Books
  • Studies on police criminal law Giessen 1897 - digitized via Google Books
  • The penal code for the German Reich together with the introductory laws published and explained by Dr. Reinhard Frank [...]
    • [First edition], Leipzig: Hirschfeld, 1897 - digitized via Google Books
    • Second, revised edition, Leipzig: Hirschfeld, 1901 - digitized via Internet archive
    • Third and fourth, revised edition , Leipzig: Hirschfeld, 1903 - digitized via Google Books
    • Fifth to seventh, revised edition , Tübingen: Verlag von JCB Mohr (Paul Siebeck), 1908 - digitized via Google Books and via Internet Archive
    • 18th edition Tübingen 1931
      • Reprint of the 18th edition, Frankfurt am Main: Keip, 1975
  • Criminal cases [...]
    • 1st edition 1897
    • Criminal cases for academic use. From Dr. Reinhard Frank, Professor of Law in Tübingen. Fourth, revised edition , Gießen: Töpelmann, 1908 - digitized via Google Books
    • Criminal cases for exercises in universities and judicial authorities . Eighth, revised edition, Gießen: Töpelmann, 1927
    • 9th edition Giessen 1933
  • The struggle for a German extradition law; with special consideration of the law of the free city of Frankfurt of June 6, 1866, Berlin
  • Co-editor of the contemporary Pitaval magazine , published from 1904
  • About the structure of the concept of guilt. From Reinhard Frank. Ord. Professor of Law in Tübingen , Gießen: Alfred Töpelmann, 1907 - digitized via Google Books
    • Reprint with an introduction by Hans Joachim Hirsch , Berlin: Berliner Wissenschafts-Verlag, 2009 (= Legal Contemporary History Pocket Books, Volume 2)
  • Retaliatory punishment and protective punishment; Lombroso's teaching, Tübingen 1908 - digitized via Internet archive
  • Belgian neutrality, Tübingen 1915.
  • Maritime War Law in Commonly Understandable Lectures, Tübingen 1916.
  • The Saar region in the peace treaty, Munich 1919.
  • Can Kaiser Wilhelm II be extradited? (Expert opinion on behalf of the German Burschenschaft), Berlin 1919.
  • Nature and scope of the laws of neutrality; Speech on the beginning of the rectorate of the University of Munich in the winter semester 1920/21, Munich 1921.
  • Festgabe for Reinhard von Frank on his 70th birthday, Volumes I and II, Tübingen 1930 (reprint 1969).
  • Relationship between natural sciences and jurisprudence, Leipzig 1931.

literature

  • Reinhard Frank: Self-expression. In: Hans Planitz (ed.): The jurisprudence of the present in self-portrayals. Volume 3. Leipzig 1929, p. 1 ff.
  • Karl Engisch :  Frank, Reinhard. In: New German Biography (NDB). Volume 5, Duncker & Humblot, Berlin 1961, ISBN 3-428-00186-9 , p. 336 ( digitized version ).
  • Karl Engisch: Jurists from Giessen for the last 100 years. In: Ludwig University, Justus Liebig University 1607–1957. Festschrift for the 350th anniversary. Schmitz, Gießen 1957, pp. 17–30, here p. 19 f. (PDF) .
  • Boris Duru: Gießen renewal of criminal law - Reinhard Frank and the concept of guilt. In: ZJS 2012, 734 ff.

Web links

Individual evidence

  1. ^ Fritz Hartung : Jurist under four realms, Cologne, Berlin, Bonn, Munich 1971, pp. 13, 21.
  2. ↑ Boris Duru: Gießener renewal of criminal law - Reinhard Frank and the concept of guilt . In: ZJS 2012 . S. 735 .
  3. ^ Hermann Seuffert (1836–1902), Karl von Birkmeyer (1847–1920), Fritz van Calker (1864–1957), Wilhelm Kahl (1849–1932), Karl von Lilienthal (1853–1927), von Liszt, Wach
  4. ↑ Hermann Lucas (1883–1931), Hans von Tischendorf (1850–1923), Konrad Schulz (1855–1912), Lucian Ernst Alexander Kleine (1861-), Wilhelm Ditzen (1852–1937), Karl Meyer (1862–1937) , Curt Joël , Judge Oelschlaeger.
  5. ^ Tischendorf, Joël and Ludwig Ebermayer (Reich), Lucas, Schulz, Paul Cormann (1868–1952), Georg Lindenberg (–1915), Kleine and lawyer Friedmann (Prussia). Meyer (Bavaria), Heinrich von Feilitsch (1856–1933) (Saxony), Erwin von Rupp (1855–1916) (Württemberg), Ernst Duffner (Baden), Rüster (Hesse), Hermann Louis Niemeyer (1855–1940) (Hamburg ) and Frédéric Pfersdorff (1874–1956) (Alsace-Lorraine). The universities represented Kahl, Frank and Robert von Hippel (1866–1951).
  6. ↑ His paternal grandfather Christian Frank (1787–1851) was a liberal member of the Pre-Parliament in 1848 and the Hessian 2nd Chamber. The maternal grandfather was the black Gießen and Hessian Interior Minister Johann Hermann Koch (1795–1862).
  7. ^ "The Criminal Code for the German Reich", 18th edition 1931, note II, on § 46, p. 95.
  8. ^ "The Criminal Code for the German Reich", 18th edition 1931, note V, on § 59, p. 182.
  9. ↑ AT Z. 27 Rn. 23.
  10. ↑ Boris Duru: Gießener renewal of criminal law - Reinhard Frank and the concept of guilt . In: ZJS 2012 . S. 737 .
  11. ↑ Boris Duru: Gießener renewal of criminal law - Reinhard Frank and the concept of guilt . In: ZJS 2012 . S. 737 .
  12. ↑ a b c d e f g h i j k Notes on using a US proxy, which is often still required for calling, can be found in this Wikisource article
  13. ↑ For digitized copies of this journal, see the list in this Wikisource article
personal data
SURNAME Frank, Reinhard
ALTERNATIVE NAMES Frank, Reinhard von
BRIEF DESCRIPTION German criminal and international lawyer
DATE OF BIRTH August 16, 1860
PLACE OF BIRTH Reddighhäuser hammer
DATE OF DEATH March 21, 1934
Place of death Munich