Michael Kubiciel: Advocating for Change in Germany’s Criminal Code
Michael Kubiciel, a professor at the University of Augsburg and a legal expert, believes that the mandatory life sentence in § 211 StGB should be abolished. Kubiciel, nominated for LTO Most Wanted, shared his views on the law, his profession, and his favorite spots in an interview.
Kubiciel heads the chair for German, European, and International Criminal Law, Criminal Procedure Law, and Economic and Medical Criminal Law at the University of Augsburg. He also writes as a freelancer for various media outlets, including the Frankfurter Allgemeine Zeitung. Furthermore, Kubiciel is Of Counsel at the law firm Tsambikakis & Partner.
Reflecting on his career, Kubiciel revealed that he initially wanted to become a journalist. A study advisor suggested he study law due to his interests and high school subjects. Law, with its complex systems and diverse applications, proved to be an engaging field for Kubiciel. “What I enjoy most about my job is meeting interesting people from all ages and backgrounds,” he said. However, he finds that the lack of time for in-depth discussions with these individuals can be a challenge, given the fast-paced nature of his work.
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On the differences between law and justice, Kubiciel explained, “The difference is that the law is the all-day compass for handling through the countless conflicts of interest in society. At the same time, justice is the compass of the compass when he himself is looking for orientation. It represents the moral and ethical principles that should guide the application of the law.” He credited his academic teachers, particularly Michael Pawlik and Albin Eser, as well as ongoing dialogues with younger jurists for shaping his professional growth and understanding of these concepts.
Regarding artificial intelligence, Kubiciel sees it as a valuable research tool in his profession. “AI can be particularly useful for statistical analysis and reviewing legislative documents,” he said. “However, it should not replace the deep understanding and critical thinking that comes from reading and interpreting legal texts firsthand. Sometimes, I let AI suggest alternative formulations when I’m struggling to untangle a complex sentence, but the final interpretation remains my responsibility.”
One paragraph Kubiciel would like to see changed or repealed is the mandatory life sentence in § 211 StGB. He thinks the non-prescription of murder should be reconsidered. Looking ahead, he expects significant changes in the fields of planning and infrastructure law, driven by technological advancements and evolving societal needs.
