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Obituary of Professor Dr.. Dr. h.c. a lot. Hans Heinrich Jescheck

The 27 september 2009 passed away, at the age of 94 years, Professor Dr.. Dr. h.c. a lot. Hans Heinrich Jescheck, founder and former director of the Max Planck Institute for Foreign and International Criminal Law in Freiburg, professor emeritus at the Albert Ludwig University of Freiburg and former judge of the Karlsruhe High Court of Justice. Hans-Heinrich Jescheck was the Nestor of German and Foreign Criminal Science, holder of numerous honorary doctoral degrees and recipient of the highest national and international decorations. Since the post-war period, he was among the most outstanding criminal lawyers in the world and, for a long time, He was president of the largest international association of criminal law scientists: the International Association of Criminal Law (AIDP).
Hans-Heinrich Jescheck was born on 10 of January of 1915 en Liegnitz (lower silesia) —currently Legnica, in Poland-. Among 1933 and 1936 studied Law Sciences at the Universities of Freiburg im Breisgau, Munich and Göttingen. After the licentiate examination he obtained his doctorate in Tübingen in 1939, while he was completing his military service that he had begun in 1937. On 1949 He was qualified in the same University —parallel to the exercise of the magistracy in the courts of Badenses— under the direction of his teacher Eduard Kern, with a paper on "The responsibility of the organs of the State in international criminal law".
In the year 1954 was called to the University of Freiburg im Breisgau, where he held the positions of dean of the Faculty of Law (1962-63) and rector (1965-66). His inaugural lecture on “Development, tasks and methods of comparative criminal law, pronounce in the year 1954, as well as the fundamental works for the Great Commission of Criminal Law that he developed between 1954 and 1959, consecrated his fame as the leading German comparative law criminal. At the same time, continued for many years as a secondary judge at the High Court of Justice in Karlsruhe.
Thanks to your links and your chores, Hans-Heinrich Jescheck was able to reinstate, after World War II, German criminal science in the international community. under your direction, the Max Planck Institute for Foreign and International Criminal Law in Freiburg became one of the leading international research centers in the fields of criminal law and criminology, which has one of the largest libraries in the world among those dedicated to these subjects and attracts hundreds of criminal lawyers and criminologists from all continents every year. After the incorporation of his Institute to the Max Planck Society for the Advancement of Science in the year 1966, Hans-Heinrich Jescheck expanded the Criminal Law and Comparative Criminal Law working group by creating, in the year 1970, of a section of Criminology, role played by the well-known criminologist Günther Kaiser. His concept of “Criminal Law and Criminology under

the same roof” he explained with the illustrative phrase: “Criminal Law without Criminology is blind, while Criminology without criminal law has no limits”. This orientation meant that his Institute in Friborg was practically predestined to dedicate itself to political-criminal investigations., which currently —especially within the framework of two “International Max Planck Research Schools” created in 2007— focus on modern issues of terrorism and organized crime, as well as economic crime and cybercrime.
The scientific work of Hans-Heinrich Jescheck covers more than 600 publications and extends to all areas of criminal science. Its essential topics focus on Comparative Criminal Law, international criminal law and the general part of criminal law. He is the author of an outstanding treatise on German criminal law that has been translated into Spanish in various editions., japanese and chinese. The enormous prestige enjoyed by the Max Planck Institute for Foreign and International Criminal Law was fundamentally consolidated with extensive comparative criminal law research and interdisciplinary studies. He was often visionary in selecting his research topics. Already in his works at the beginning of the decade of the 50 recognized the importance that comparative criminal law would have in the future, international criminal law and European criminal law and worked on issues that still today are among the main challenges facing the science of criminal law. in addition, With his methods of Comparative Criminal Law and Criminology, he established new models to follow in international research..

in the content, Hans-Heinrich Jescheck defended a liberal-conservative position in the best sense of the word.. He pursued a rational criminal policy in the style of von Liszt and his Marburg program on "The idea of ​​the end in criminal law". But his utilitarianism was limited by the ideas of humanity, liberality and, above all, by the guilt principle. His disciple Rudolf Leibinger pointed out this position of Hans-Heinrich Jescheck on the occasion of his 70 birthday: „Individual guilt and personal responsibility are considered the foundation of a criminal law that strengthens the guarantee of freedom. In order to fulfill its function of guaranteeing peace, the sentence must correspond to society's expectations of justice. You cannot move away in your lower limit from the just compensation of guilt, but neither can it be used solely as an imperative of distributive justice without taking into account the humanitarian responsibility towards the offender”. Hans-Heinrich Jescheck aspired above all to a better criminal law in the sense of Gustav Radbruch.: "Another thing that was better than criminal law" considered it, however —as he pointed out again in the speech given at the colloquium held in commemoration of his 90 birthday in the year 2005—, “only defensible up to the limit of the principle of ultima ratio”.
He was daily present in his Institute even after fulfilling the 90 years, he was an important adviser for himself and an invaluable interlocutor for criminal lawyers from all over the world. His scientific merits were recognized, among others, through twelve honorary doctorate degrees and admission to numerous foreign scientific academies.

To honor the figure of Hans-Heinrich Jesckeck, it was created in the year 2009 the “Hans-Heinrich Jescheck Award” which, two days before his death, was conferred for the first time at the world congress of the International Association of Criminal Law that took place in Istanbul.
Funerals for Hans-Heinrich Jescheck were held in the strictest family privacy. In memory of its founder, the Max Planck Institute in Freiburg will organize an international colloquium next year.
Prof. Dr. Dr. h.c. Ulrich Sieber
Director of the Max Planck Institute for Foreign and International Criminal Law
Translated by Teresa Manso Porto. Doctor of Law. Max Planck Institute for Foreign and International Criminal Law

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