Wilhelm Malaniuk

Wilhelm Malaniuk (born June 26, 1906 in Oberndorf near Eger , † December 20, 1965 in Vienna ) was an Austrian lawyer.

Life

Wilhelm Malaniuk grew up in Baden near Vienna , where his Galician-born father Lukas Malaniuk, an Austro-Hungarian professional soldier, ran the Sauerhof hospital and recreation home during and after the First World War .

In 1929 Wilhelm Malaniuk graduated from the University of Vienna . The judicial practice in Vienna and the surrounding area followed. In 1933 he became a judge in Mödling and a year later in Baden . In the same year (1934) he was appointed presidential secretary at the Higher Regional Court in Vienna. After he had been transferred to a post in the Vienna II public prosecutor's office in 1937, he was removed from his post by the Nazi authorities in March 1938, briefly arrested and finally forced into retirement without being entitled to a pension. From 1934 to 1938, Malaniuk was the municipal representative of the city of Baden and district advertising manager of the Fatherland Front, although he saw the NSDAP as the main enemy early on, contrary to the party line, wanted to push back the Christian-conservative elements and to strike a balance with the SDAP electorate, emphasizing a new awareness of Austria urged. In 1937 the long-running conflict between Malaniuk and the Mayor of Badner Josef Kollmann escalated and from March 1937 Malaniuk was no longer involved in community work.

From 1938 to 1940 he was a trainee lawyer. From 1940 to 1945 he did military service as a team rank in the German Wehrmacht , until he contacted the judiciary in Vienna in April 1945 and was reappointed to the judiciary on April 13, 1945. He was appointed presidential secretary at the Regional Court for Civil Law Matters in Vienna and in 1946 he was appointed Vice-President of the Regional Court. From 1946 to 1950 he was chairman of the judges and prosecutors section of the civil servants' union. Wilhelm Malaniuk became the first chairman of the Austrian judges' association in 1948 , which was reestablished after the war under the most difficult conditions. In 1949 he initially took over the management of the Korneuburg District Court until he was appointed President of the Korneuburg District Court on August 21, 1949. From 1947 to 1950 he was a member of the Restitution Commission in Vienna and from 1949 chairman of the Public Employee Insurance Company (then KVA).

In 1955 he completed his habilitation in commercial criminal law and was appointed President of the Regional Court for Criminal Matters Vienna . Wilhelm Malaniuk was a member of the Criminal Law Commission for the revision of the Criminal Code and became a substitute member of the Constitutional Court in 1959 . On September 22, 1959, the Austrian Lawyers' Conference (ÖJT) was constituted at the urging of Wilhelm Malaniuk. In 1963 he became President of the Vienna Higher Regional Court . Wilhelm Malaniuk was in contact with Hans Kelsen and visited him in August 1964 at the University of California at Berkeley. In June 1965 he became an associate professor at the University of World Trade in Vienna.

Wilhelm Malaniuk was married to Maria Malaniuk and their only child Peter Malaniuk, b. 1942, like the grandson Michael Malaniuk was or is a notary in Vienna-Floridsdorf, the granddaughter Elisabeth Malaniuk graduated from the Vienna University of Economics. He was related to the opera singer Ira Malaniuk . Wilhelm Malaniuk's brother-in-law was the Austrian resistance fighter and railway engineer Viktor Gromaczkiewicz, who died in 1944 and was also a member of the "Austrian Action" movement around Ernst Karl Winter , Hans Karl Zeßner-Spitzenberg and Walter Krajnc .

Malaniuk died after a short illness during his active career and is buried at St. Helene's cemetery in Baden near Vienna.

His textbooks were banned from Austrian legal training soon after his death in the late 1960s and 1970s. Wilhelm Malaniuk also tried to come to terms with the crimes in or in the Nazi state from a legal perspective. Above all, he justified the admissibility of the non-application of the prohibition of retroactive effects in the War Crimes Act and Prohibition Act : "Because these are criminal acts which violate the laws of humanity so grossly that such lawbreakers are not entitled to the guarantee function of the offense. The crimes of the National Socialist Regimes also represent violations of treaties and international law ". With regard to war crimes law and war crimes in connection with command structures, Malaniuk said: "In the war instigated by the National Socialists, the requirements of humanity as well as the principles of international law and martial law were violated to such an extent that one no longer has to blame the state leadership alone believed, but also the individual citizens, because they had to know that by their actions they grossly violated the principles, compliance with which must be demanded from every member of the occidental culture. "

Wilhelm Malaniuk's most determined opponent of the ban on retroactivity was the Innsbruck criminal law professor Theodor Rittler , who propagated a legal theoretical foundation that left many Nazi crimes unpunished. Malaniuk's opponent is the Innsbruck criminal law professor Friedrich Nowakowski , who was also frequently quoted in Austrian criminal law literature in 2015 , who was a member of the NSDAP from 1940 and a public prosecutor at the Vienna Special Court from 1943 and at least two death sentences, namely against two Czech agricultural laborers participated in broadcasting offenses.

Awards

Fonts

Textbook of Criminal Law: Volume 1 Criminal Law Offenses of the Austrian Criminal Law, the secondary criminal law and other laws, 1st T: Offenses against individuals; 2. T offense against the whole; Volume 2 of the textbook criminal law; Manzsche publishing house, 1947–1949.
Abortion and related crimes as a legal problem , Styria Verlag, Graz, 1956.
The position of the judge and the process reform, in: [without ed.]: Festschrift for the fiftieth anniversary of the Austrian Code of Civil Procedure 1898–1948 (Vienna 1948), pp. 175–200.

swell

CAP Otto, 130 Years of the Korneuburg District Court (1974), p. 70.
Austrian Lawyers' Conference

Individual evidence

↑ Dominik Zgierski, Die Kurstadt Baden unter dem Kruckenkreuz (2015), pp. 20 et seq. 145 ff.
↑ Malaniuk, Textbook of Criminal Law, Volume 2 - II (1949), p. 126
↑ cf. including Claudia Kuretsidis-Haider in: Nazi Trials and the German Public - Occupation, Early Federal Republic and GDR (2012), p. 415; Claudia Kuretsidis-Haider “The people sit in court” (2006), p. 55 ff .; Malaniuk, textbook, p. 113 u. 385.
^ Kuretsidis-Haider: The Engerau case. 2001, p. 78ff; see. also Walter Schuster, Wolfgang Weber (ed.): Denazification in regional comparison: the attempt to take stock (= historical yearbook of the city of Linz 2002 ). Archive of the City of Linz , Linz 2004, ISBN 3-900388-55-5 , p. 649.

personal data
SURNAME	Malaniuk, Wilhelm
BRIEF DESCRIPTION	Austrian lawyer
DATE OF BIRTH	June 26, 1906
PLACE OF BIRTH	Oberndorf near Eger
DATE OF DEATH	December 20, 1965
Place of death	Vienna

[1] Dominik Zgierski, Die Kurstadt Baden unter dem Kruckenkreuz (2015), pp. 20 et seq. 145 ff.

[2] Malaniuk, Textbook of Criminal Law, Volume 2 - II (1949), p. 126

[3] . including Claudia Kuretsidis-Haider in: Nazi Trials and the German Public - Occupation, Early Federal Republic and GDR (2012), p. 415; Claudia Kuretsidis-Haider “The people sit in court” (2006), p. 55 ff .; Malaniuk, textbook, p. 113 u. 385.

[4] Kuretsidis-Haider: The Engerau case. 2001, p. 78ff; see. also Walter Schuster, Wolfgang Weber (ed.): Denazification in regional comparison: the attempt to take stock (= historical yearbook of the city of Linz 2002 ). Archive of the City of Linz , Linz 2004, ISBN 3-900388-55-5 , p. 649.