Volker Erb

Volker Erb (born May 5, 1964 in Grünstadt ) is a German legal scholar and holder of the chair for criminal law and criminal procedural law at the Johannes Gutenberg University in Mainz , who is known in particular for his work on self-defense law and so-called "rescue torture".

Life

Volker Erb studied law in Mainz , where he also spent his legal traineeship and his assistantship. In 1990 he received his doctorate and habilitation in 1998 in the subjects of criminal law and criminal procedure law. From 1998 to 1999 he worked at the Koblenz Public Prosecutor's Office as a public prosecutor in the specialist department for white-collar crime and was appointed to a chair for criminal law and criminal procedure law at the Friedrich-Alexander-Universität Erlangen-Nürnberg in 1999 . Since the 2004 summer semester, Erb has held a chair at Johannes Gutenberg University in Mainz. His main research interests are criminal law , criminal procedural law and commercial criminal law .

Position in the Daschner case

Erb commented on the Daschner case in December 2004 and was of the opinion that in emergency situations the natural law of the individual (including the public official) violates the law of civil servants and thus entitles him to avert the current and ongoing threat with all necessary means. A criminal sanction requires the fulfillment of criminal offenses (in the case of torture usually the offense of coercion and / or bodily harm), so that the justification for emergency aid must also be able to intervene in the case of torture. Daschner's punishment therefore constitutes a violation of substantive criminal law. In no case can this be used to justify torture measures ordered by the state, since the nature of the emergency aid requirement under natural law is limited to individuals.

Publications

• Legitimate alternative behavior and its effects on the attribution of success in criminal law: a systematic presentation taking into account the relevant questions of civil law , University dissertation, Mainz 1990
• Memorandum on the discussion about the tightening of the gun law (PDF file; 193 kB) July 1999
• Legality and opportunity: contradicting principles of the application of criminal law norms reflected in legal theory, rule of law and legal policy considerations , Duncker & Humblot, Berlin 1999
• Löwe-Rosenberg, Major Commentary on the Code of Criminal Procedure , 26th edition, de Gruyter, Berlin from 2006 (co-editor and co-author)
• Not torture, but emergency aid DIE ZEIT December 9, 2004 No. 51
• Self-defense as a human right - At the same time a criticism of the decision of the LG Frankfurt am Main in the "Daschner case" - NStZ 2005, 593–602

Web links

• Volker Erb on the website of the University of Mainz