Gerd Pfeiffer (22 December 1919 – 1 February 2007) was a German jurist who served as the fourth
President of the Federal Court of Justice of
West Germany
West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 O ...
from 1977 to 1987.
Biography
In March 1937, Pfeiffer finished his
Abitur
''Abitur'' (), often shortened colloquially to ''Abi'', is a qualification granted at the end of secondary education in Germany. It is conferred on students who pass their final exams at the end of ISCED 3, usually after twelve or thirteen year ...
and was recruited into the
Reich Labour Service
The Reich Labour Service (''Reichsarbeitsdienst''; RAD) was a major organisation established in Nazi Germany as an agency to help mitigate the effects of unemployment on the German economy, militarise the workforce and indoctrinate it with Nazi ...
(
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Reichsarbeitsdienst'', abbr. RAD) in
Breslau. From 1937 onwards he completed his mandatory service in the
Wehrmacht
The ''Wehrmacht'' (, ) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the ''Heer'' (army), the ''Kriegsmarine'' (navy) and the ''Luftwaffe'' (air force). The designation "''Wehrmacht''" replaced the previous ...
. After the start of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
in 1939, he served in the ''
Heer'' until 1945. He was wounded five times. After the war ended, he studied law at the
University of Erlangen-Nuremberg
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, t ...
from 1945 to 1948. In 1948, he was promoted to
Dr. iur.
Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the earl ...
by the university faculty. After passing the second
Staatsexamen
The ("state examination" or "exam by state"; pl.: ''Staatsexamina'') is a German government licensing examination that future physicians, dentists, teachers, pharmacists, food chemists, psychotherapists and jurists (i.e., lawyers, judges, public ...
in 1951, he entered into judicial service in
Bavaria
Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total lan ...
. Following that, he served as a scientific employee at the
Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
(
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Bundesverfassungsgericht'', abbr. BVG) from 1952 to 1958, being promoted to judge at the
Landgericht München I ''Landgericht'' may refer to:
* Landgericht (Germany), a mid-level court in the present-day judicial system of Germany
*: For example,
** Landgericht Berlin
** Landgericht Bremen
* Landgericht (medieval) The ''Landgericht'' (plural: ''Landgericht ...
and later at the Supreme District Court in
Munich
Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by popu ...
.
On 7 April 1966, Pfeiffer was appointed Federal Judge. He was delegated the I. Punitive Senate of the Federal Court of Justice, becoming president of that senate on 5 March 1970. On 3 November 1976, he was appointed the Vice President of the Federal Court of Justice, and less than a year later, on 1 October 1977, he was appointed the court's President, succeeding
Robert Fischer. Additionally, he became the chairman of the
Cartel Senate of the court.
In 1979, he was named the speaker of a celebration for the centenary of the
Reich Court (
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Reichsgericht''), where he gained notoriety for successfully defending the conservative tradition of the court before
1933
Events
January
* January 11 – Sir Charles Kingsford Smith makes the first commercial flight between Australia and New Zealand.
* January 17 – The United States Congress votes in favour of Philippines independence, against the wis ...
, while at the same time denouncing Nazi excesses committed through the
judicial system
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
and describing the changes to the legal system since 1945.
[''Der Spiegel.'' Heft 7, 2007]
For his judicial competency and determination, he became well-respected as an expert in criminal law. Using his abilities as the head of the Ethics Commission of
Freiburg
Freiburg im Breisgau (; abbreviated as Freiburg i. Br. or Freiburg i. B.; Low Alemannic: ''Friburg im Brisgau''), commonly referred to as Freiburg, is an independent city in Baden-Württemberg, Germany. With a population of about 230,000 (as o ...
, as well as the chairman of the scientific council of the exposition "Justice and National Socialism" (
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Justiz und Nationalsozialismus'') in 1989. He opposed the toughening-up of existing criminal law in a way he believed to be disproportionate. Additionally, he oppsed the policy on turn state's evidence pursued by the then-Federal Minister of the Interior
Friedrich Zimmermann
Friedrich Zimmermann (18 July 1925 – 16 September 2012) was a German politician and a member of the Christian Social Union (CSU). From 1982 to 1989, he was the federal minister of interior. From 1989 to 1991 he held the position of federal min ...
. During his tenure, Pfeiffer published, among other things, the Karlsruhe Commentary to the Code of Criminal Procedure (
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Karlsruher Kommentar zur Strafprozeßordnung'').
He retired on 31 December 1987 from his position as President of the Federal Court of Justice. He was succeeded by
Walter Odersky. He was the first member of the
Social Democratic Party of Germany
The Social Democratic Party of Germany (german: Sozialdemokratische Partei Deutschlands, ; SPD, ) is a centre-left social democratic political party in Germany. It is one of the major parties of contemporary Germany.
Saskia Esken has been the ...
(SPD) to become president of that court.
From 1988 to 1993, he was the Chairman of the Supportive Association for the Legal History Museum (
German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: ''Trägervereins für das Rechtshistorische Museum'') in Karlsruhe.
Honours
*
Federal Cross of Merit
The Order of Merit of the Federal Republic of Germany (german: Verdienstorden der Bundesrepublik Deutschland, or , BVO) is the only federal decoration of Germany. It is awarded for special achievements in political, economic, cultural, intellect ...
* Bavarian Cross of Merit
*
Grand Decoration of Honour in Gold with Sash of Austria
* Grand Cross of the
Order of Merit of the Italian Republic
The Order of Merit of the Italian Republic ( it, Ordine al Merito della Repubblica Italiana) is the senior Italian order of merit. It was established in 1951 by the second President of the Italian Republic, Luigi Einaudi.
The highest-ranking ...
* Badge of Honour of the German Advocacy
*
Iron Cross
The Iron Cross (german: link=no, Eisernes Kreuz, , abbreviated EK) was a military decoration in the Kingdom of Prussia, and later in the German Empire (1871–1918) and Nazi Germany (1933–1945). King Frederick William III of Prussia est ...
Bibliography
*
Klaus Tiedemann,
Otto-Friedrich Freiherr von Gamm,
Peter Raisch: ''Strafrecht, Unternehmensrecht, Anwaltsrecht.'' Festschrift für Gerd Pfeiffer. Zum Abschied aus dem Amt als Präsident des Bundesgerichtshofes. Heymann, Köln u. a. 1988, ISBN 3-452-20938-5.
*
Thomas Fischer: ''Gerd Pfeiffer † 1. Februar 2007.'' Nachruf. In: ''Journal der Juristischen Zeitgeschichte.'' 1. Jahrgang, Heft 3, 2007, , S. 101–103.
External links
*
''Prof. Dr. Gerd Pfeiffer wird 85 Jahre alt''''Ex-BGH-Präsident Pfeiffer ist tot''
References
{{DEFAULTSORT:Pfeiffer, Gerd
1919 births
2007 deaths