Ulrich Stock

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Johannes Paul Ulrich Stock (born June 8, 1896 in Leipzig , † December 12, 1974 in Würzburg ) was a German criminal and military lawyer . He, initially a ministerial official , was a judge at the Reich Court Martial from 1936 to 1941 . Stock held professorships in Berlin, Marburg, Saarbrücken and Würzburg from the 1930s to 1960s . In 1957/58 he was rector of the Julius Maximilians University of Würzburg .

Life

Stock was born in Leipzig in 1896 as the son of a later chief medical officer . From 1902 to 1906 he attended the Freiberg Citizens' School in the Ore Mountains and from 1906 to 1909 the Realgymnasium Borna near Leipzig. After graduating from the Royal Humanistic Gymnasium in Dresden-Neustadt in 1914 , he volunteered in the First World War until he fell ill . After his temporary release he studied law and political science at the University of Leipzig (1914/15) and Ludwig Maximilians University in Munich (1915). His studies were interrupted until 1918 when he returned to the army . He resigned as a lieutenant in the reserve. He then continued his studies and passed the legal traineeship exam in 1920. He completed his legal clerkship at the district courts of Dresden , Tharandt, and Brand-Erbisdorf, at the district court of Dresden , with the Bautzen district administration and various lawyers. He received his doctorate magna cum laude at the University of Leipzig with the dissertations of child robbery and child trafficking ( Dr. iur. 1921) and the nationalization of the Saxony police ( Dr. rer. Pol. 1924) .

After the assessor examination in 1923 he was assessor or government assessor at the state tax offices of Dresden (from 1923) and Brandenburg (from 1925) as well as at the Reich Monopoly Office for spirits (1928). From 1928 to 1931 he worked in the trade policy department of the Reich Ministry of Economics in Berlin, which was led by various state-supporting parties at the time, where he was involved in customs legislation and trade agreements. In the literature there is also some mention of the Reich Ministry of Finance (from 1927). He was involved u. a. in the drafting of the law on customs changes (1929) and in the preparatory work for a standardization of the customs nomenclature promoted by the League of Nations in the 1920s. In addition, he began to publish the first practice-relevant work and a. to consumer tax law . In 1931 he worked again at the Reich Monopoly Office.

In 1931 he completed his habilitation with Richard Schmidt , a representative of the Classical Criminal Law School, at the University of Leipzig with the thesis Development and Nature of Official Crimes in Criminal Law and Criminal Procedure Law . and was then a private lecturer for these very subjects. In 1934 he was a substitute professor for criminal law at the Martin Luther University in Halle-Wittenberg . In 1936 he became a lecturer at the Friedrich Wilhelms University in Berlin . In 1937 he was a lecturer in military law . He then completed his habilitation in Berlin. In 1938 he became a non-civil servant associate professor and in 1939 an adjunct professor at the University of Berlin . Before that he turned down offers to the Ernst-Moritz-Arndt-University Greifswald and the Friedrich-Alexander-University Erlangen-Nürnberg in Erlangen. In 1941 he became a professor for criminal law, procedural law and legal philosophy at the Philipps University of Marburg . The historian Theodor Mayer favored him in 1942 as his successor in the rector's office, but Stock was evidently not enforceable with the Nazi lecturers' association. From 1942 to 1945 Stock was Dean of the Faculty of Law. In 1942/43 he held the lecture on criminal law at the University of Frankfurt am Main as a representative . A desired teaching obligation at the Westphalian Wilhelms University in Münster was no longer realized due to the progress of the Second World War.

From 1931 Stock was advisor to the district and district court in Leipzig . In 1935 he switched to the military judiciary in Berlin as appellate judge and revision judge . He was first active as a senior judicial officer in Berlin, then as a criminal judge in the Panzer Corps. From 1936 he was a Reich judicial judge . In 1936 he worked in the legal department of the Reichswehr Ministry. He published various works on military law a. a. he also worked on the regulation amending the military criminal court order (1936). Stock advocated the use of the death penalty in a broader sense, but in 1943 he was instrumental in advocating the Marburg Romanist Werner Krauss , a member of the Red Orchestra , who was sentenced to death by the Imperial Court Martial for complicity in high treason . The verdict was postponed and ultimately overturned. As early as 1941 he resigned from the judge's office due to his university obligation. Originally a member of the Catholic German Center Party (1924/25 or 1923–1927) and the German National People's Party (DNVP, around 1927), he joined the NSDAP on May 1, 1933 . He was also a member of the NSDB from 1936 . Due to his former party membership, he was arrested in 1945 twice by the Americans, initially classified as "Relieved," he was able in 1947 to a repealed Wiesbaden Spruchkammer judgment this time as a " fellow traveler resume", in spite of all his academic work in Marburg. His attitude to the Nazi regime is considered ambivalent, on the one hand he was once called trustworthy by the National Socialists, on the other hand, after 1945 Walter Schätzel , Fritz von Hippel and Julius Ebbinghaus , who rather described him as opponents of the regime, defended him. In particular, the persecution of the Jews and the Nazi church policy displeased Stock; some of his lectures were also monitored by the Gestapo .

Stock changed in 1948 as a full professor of criminal law and civil procedure at the University of Saarland Saarbruecken; his successor was Ernst Seelig . After a substitute professor for criminal law at the University of Marburg in 1950/51, he succeeded August Schoetensack as professor for criminal law, criminal procedural law and voluntary jurisdiction at the Julius-Maximilians-Universität Würzburg . There he held the office of dean of the law and political science faculty in 1952/53 and was rector in 1957/58. In 1959/60 he was unable to attend due to illness. In 1960 he became head of the Institute for Defense Law with the constitutional and international law specialist Friedrich August Freiherr von der Heydte . In 1961 he retired, after which he was active in teaching until his death in 1974. Günter Spendel was appointed as his successor in 1961 .

Significantly influenced by the Classical School of Criminal Law, his writings were shaped by a basic criminalist attitude. In 1937 he gave a lecture to the Defense Law Committee of the Academy for German Law in Munich, which was also published in the Zeitschrift für Wehrrecht , of which he was a permanent employee. From the 1950s he was then a permanent employee of the new magazine for military law . A commemorative publication ( Studies on Criminal Law ) was dedicated to his 70th birthday . In an obituary published in the NJW , Spendel attested that he had a “remarkably liberal [] attitude”.

Stock was baptized Evangelical Lutheran. Later he was a supporter of the Una Sancta movement .

Awards

Fonts (selection)

  • Child robbery and child trafficking (1921)
  • The Nationalization of the Police in Saxony (1923)
  • Outline of the beverage tax law (1925)
  • Development and nature of official crime (1931)
  • Punishment as a service to the people (1933)
  • The Punishment as Achievement (1952)
  • Outline of the Law of Criminal Procedure (1952/54)

literature

  • Christopher Benkert: The Law Faculty of the University of Würzburg 1914 to 1960. Education and science under the sign of the two world wars (= Würzburg jurisprudential writings . Vol. 62). Ergon Verlag, Würzburg 2005, ISBN 3-89913-481-8 , pp. 203-206.
  • Norbert Haase: The judges at the Reich Court Martial and their post-war careers . In: Joachim Perels , Wolfram Wette (Ed.): With a clear conscience. Military power judges in the Federal Republic and their victims . Structure, Berlin 2011, ISBN 978-3-351-02740-7 , p. 200 ff.
  • Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors from the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives (= publications of the State Archives Administration Rhineland-Palatinate . Vol. 98). Scientific companion volume, Landeshauptarchiv, Koblenz 2002, ISBN 3-931014-60-6 , pp. 210–228.
  • Günter Spendel (Ed.): Studies on criminal law. Festschrift for Ulrich Stock on his 70th birthday on May 8, 1966 . Holzner, Würzburg 1966.
  • Günter Spendel: Ulrich Stock on his 70th birthday . NJW 1966, 873.
  • Günter Spendel: Obituary for Ulrich Stock . NJW 1975, 630.

Web links

Individual evidence

  1. ↑ a b c d e f Günter Spendel : Ulrich Stock on his 70th birthday . In the S. (Ed.): Studies on criminal law. Festschrift for Ulrich Stock on his 70th birthday on May 8, 1966 . Holzner, Würzburg 1966, pp. 9–13, here: 9.
  2. ↑ a b c Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 211.
  3. ↑ a b c d e f g h i j k l Ulrich Stock in the Catalogus Professorum Halensis.
  4. ↑ a b c d e f g h i j k Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 212.
  5. ↑ a b c d Christopher Benkert: The Law Faculty of the University of Würzburg 1914 to 1960. Education and science under the sign of the two world wars (= Würzburg legal writings . Vol. 62). Ergon Verlag, Würzburg 2005, ISBN 3-89913-481-8 , p. 204.
  6. ↑ a b c d e f g h i j k l m Günter Spendel : Ulrich Stock on his 70th birthday . In the S. (Ed.): Studies on criminal law. Festschrift for Ulrich Stock on his 70th birthday on May 8, 1966 . Holzner, Würzburg 1966, pp. 9–13, here: p. 10.
  7. ^ A b Günter Spendel : Ulrich Stock on his 70th birthday . In the S. (Ed.): Studies on criminal law. Festschrift for Ulrich Stock on his 70th birthday on May 8, 1966 . Holzner, Würzburg 1966, pp. 9–13, here: p. 11.
  8. ^ A b Anne Christine Nagel (Ed.): The Philipps University of Marburg in National Socialism. Documents on their history (= Academia Marburgensis . Vol. 7). Edited by Anne Christine Nagel and Ulrich Sieg , Steiner, Stuttgart 2000, ISBN 3-515-07653-0 , p. 546 ( online ).
  9. ↑ a b Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 215.
  10. ^ Anne Christine Nagel (Ed.): The Philipps University of Marburg in National Socialism. Documents on their history (= Academia Marburgensis . Vol. 7). Edited by Anne Christine Nagel and Ulrich Sieg , Steiner, Stuttgart 2000, ISBN 3-515-07653-0 , pp. 36, 451 ( online ).
  11. ^ A b Anne Christine Nagel (Ed.): The Philipps University of Marburg in National Socialism. Documents on their history (= Academia Marburgensis . Vol. 7). Edited by Anne Christine Nagel and Ulrich Sieg , Steiner, Stuttgart 2000, ISBN 3-515-07653-0 , p. 385 ( online ).
  12. ↑ a b c d Christopher Benkert: The Law Faculty of the University of Würzburg 1914 to 1960. Education and science under the sign of the two world wars (= Würzburg legal writings . Vol. 62). Ergon Verlag, Würzburg 2005, ISBN 3-89913-481-8 , p. 205.
  13. ↑ Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 214.
  14. ↑ Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: pp. 216 ff.
  15. ↑ Christopher Benkert: The Law Faculty of the University of Würzburg 1914 to 1960. Education and science under the sign of the two world wars (= Würzburg legal writings . Vol. 62). Ergon Verlag, Würzburg 2005, ISBN 3-89913-481-8 , pp. 177, 205.
  16. ↑ Manfred Seebode : Against injustice and unreason - Günter Spendel for his 70th birthday . In the S. (Ed.): Festschrift for Günter Spendel on his 70th birthday on July 11, 1992 . de Gruyter, Berlin a. a. 1992, ISBN 3-11-012889-6 , pp. 1–6, here: p. 3.
  17. ↑ Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 213.
  18. ↑ Detlef Garbe : About "terrible lawyers" and their concern about the "power of the troops". Wehrmacht deserters and the armed forces justice in the post-war period . In: Michael Th. Greven , Oliver von Wrochem (Ed.): The war in the post-war period. The Second World War in politics and society in the Federal Republic . Leske and Budrich, Opladen 2000, ISBN 3-8100-2619-0 , pp. 51-76, here: p. 68.
  19. ↑ Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 221.
  20. ^ Günter Spendel : Obituary for Ulrich Stock . NJW 1975, 630 (631).
  21. ↑ Wolfgang Müller: Ulrich Stock and Ernst Seelig - Biographical sketches for two professors in the early years of the Saarland University . In: Heinz-Günther Borck (Ed.): “Injustice and Law. Crime and Society in Change from 1500–2000 ”. Joint state exhibition of the Rhineland-Palatinate and Saarland archives . Scientific companion volume, Koblenz 2002, pp. 210–228, here: p. 216.
personal data
SURNAME Stock, Ulrich
ALTERNATIVE NAMES Stock, Johannes Paul Ulrich (full name)
BRIEF DESCRIPTION German criminal and military lawyer; Judge at the Reich Court Martial
DATE OF BIRTH June 8, 1896
PLACE OF BIRTH Leipzig
DATE OF DEATH December 12, 1974
Place of death Wurzburg