IV. GENERAL DEVELOPMENT OF GERMAN LAW DURING THE NAZI PERIOD

A. Introduction

Throughout the trial and in the judgment of the Tribunal, references were frequently made to various laws and decrees issued during Hitler’s Third Reich. Some of these laws and decrees were introduced by the prosecution, some by the defense, and some by both the prosecution and the defense. Most of these laws and decrees are relevant in connection with more than one of the principal issues of the case. Hence, with respect to laws and decrees selected for publication herein, it has often been difficult to decide where a particular law or decree should appear within the sections of this volume. To reduce the complexity of this matter, more than 30 laws and decrees have been reproduced together in the chronological order of their promulgation. (Section B, “Selected Laws and Decrees, 1933–1944.”) A number of other laws and decrees appear in the later sections of the volume. In a further effort to reduce the difficulties inherent in this situation, cross-references by way of footnotes have often been made to laws or decrees mentioned in the documents and in the testimony.

Since the main issues of the case involved the organization and administration of justice in the Third Reich, it was also thought appropriate to include early in the volume some general materials on the organization of the Reich Ministry of Justice and the German judicial system (sec. C). First appears a brief excerpt from the testimony of the defendant Mettgenberg concerning the position and responsibility of leading officials in the Reich Ministry of Justice (sec. C1). This is followed by parts of a “Basic Information” of justice (sec. C2). This “Basic Information” was submitted by the prosecution at the beginning of the trial not as evidence, but rather as an aid to the understanding of the evidence later submitted. The parts reproduced herein include a “Summary of the organization of the administration of justice in Germany” and two charts purporting to show graphically the structure of the regular and extraordinary courts and the main positions held by the defendants in the over-all administration of justice. The next following materials are all contemporaneous documents, principally laws and decrees, concerning the establishment and functioning of the Special Courts (sec. C3), the People’s Court (sec. C4), the hereditary health courts (sec. C5), and civilian courts martial (sec. C6).

These materials on the general structure and organization of the administration of justice are followed by extracts from the testimony of the defense expert witness, Professor Jahrreiss, whose testimony dealt comprehensively with the development of German law and justice from a period far antedating the Nazi regime (sec. D). This section concludes with extracts from the testimony of the defendant Schlegelberger, under secretary (Staatssekretaer) in the Reich Ministry of Justice (sec. E). In addition to giving a leading defense point of view concerning general legal developments during the Hitler regime, this testimony introduces a number of the leading figures who played a role in the administration of justice and whose names frequently arise in the later appearing documents and testimony.

B. Selected Laws and Decrees, 1933–1944

DECREE, 28 FEBRUARY 1933,

BY REICH PRESIDENT VON HINDENBURG, COSIGNED BY REICH CHANCELLOR HITLER AND REICH MINISTERS FRICK AND GUERTNER, SUSPENDING CONSTITUTIONAL RIGHTS AND INSTITUTING OTHER MEASURES[84]

1933 REICHSGESETZBLATT, PART 1, PAGE 83

Decree of the Reich President for the Protection of People and State of 28 February 1933.

Pursuant to article 48, paragraph 2 of the German constitution, the following is decreed as a defensive measure against Communist acts of violence endangering the State:

Article 1

Articles 114, 115, 117, 118, 123, 124, and 153 of the constitution of the German Reich are suspended until further notice.[85] Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association and interferences with the secrecy of postal, telegraphic, and telephonic communications, and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

[All footnote quotations from the Weimar constitution used in this volume have been taken from the translation in Select Constitutions of the World, edited by B. Shiva Rao (Mylapore, Madras, The Madras Law Journal Press, 1934), page 208 and following pages.]

Article 2

If in a state [Land] the measures necessary for the restoration of public security and order are not taken, the Reich government may temporarily take over the powers of the highest State authority.

Article 3

The authorities of the states [Laender] and local communities have to comply, within their competency, with the orders of the Reich government issued on the basis of article 2.

Article 4

Whoever disobeys the orders issued by the supreme State authorities or by the authorities subordinate to them for the implementation of this decree, or the orders issued by the Reich government in pursuance of article 2, or whoever solicits or incites others to disobey such orders, will be punished with imprisonment of not less than 1 month or a fine from 150 up to 15,000 Reichsmarks, unless other regulations make his act liable to a more severe punishment.

Whoever, by a violation of paragraph 1, induces a common danger for human life, will be punished with hard labor, or, in case of extenuating circumstances, with imprisonment of not less than 6 months, and, if the violation causes the death of a person, with death, or, in case of extenuating circumstances, with penal servitude of no less than 2 years. In addition, his property may be confiscated.

Whoever solicits or incites to commit a violation under the qualifications of paragraph 2, will be punished with hard labor or, in case of extenuating circumstances, with imprisonment of not less than 3 months.

Article 5

The crimes, which under the penal code are punishable with hard labor for life, are to be punished with death; i.e., in articles 81 (high treason), 229 (poisoning), 307 (arson), 311 (use of explosives), 312 ([intentional] flooding), 315 paragraph 2 (damaging of railroad installations), and 324 (poisoning causing public danger).

Insofar as a more severe Punishment has not been previously provided for, the following are punishable with death or with hard labor for life or with hard labor not to exceed 15 years—

1. Whoever undertakes to kill the Reich president or a member or a commissioner of the Reich government or of a state government, or solicits such a killing, or volunteers to commit it, or accepts such an offer, or conspires with another for such a killing.

2. Whoever under article 115(2) of the penal code (serious rioting) or of article 125(2) of the penal code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person.

3. Anyone who deprives a person of his liberty under article 239 of the penal code with the intention of making use of the person deprived of his liberty as a hostage in the political struggle.

Article 6

This decree comes into force on the day of its promulgation.

Berlin, 28 February 1933

The Reich President

von Hindenburg

The Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

The Reich Minister of Justice

Dr. Guertner

THE “ENABLING ACT”[86]

1933 REICHSGESETZBLATT, PART 1, PAGE 141

Law for the Solution of the Emergency of People and Reich of 24 March 1933

The Reichstag has decreed the following law, which is hereby promulgated in agreement with the Reich Council [Reichsrat], after it has been duly established that the prerequisites of legislation changing the constitution have been fulfilled.

Article 1

Laws of the Reich can be decreed, apart from the procedure provided by the constitution of the Reich, also by the government of the Reich. This also applies to the laws mentioned in articles 85, paragraphs 2, and 87 of the constitution of the Reich.

Article 2

The laws decreed by the government of the Reich may deviate from the constitution of the Reich as far as they do not concern the institution of the Reichstag and the Reich Council [Reichsrat] as such. The rights of the Reich President remain untouched.

Article 3

The laws decreed by the government of the Reich are certified by the Reich Chancellor and promulgated in the Reichsgesetzblatt. Unless they dispose otherwise, they will come into force on the day following the promulgation. Articles 68 through 77 of the constitution of the Reich do not apply to laws decreed by the government of the Reich.

Article 4

Treaties of the Reich with foreign countries concerning subjects under Reich legislation do not require the approval of the authorities taking part in the legislation. The government of the Reich issues the ordinances which are necessary to carry into effect these treaties.

Article 5

This law comes into force on the day of its promulgation. It will become invalid on 1 April 1937; it will further become invalid if the present government of the Reich will be replaced by another one.

Berlin, 24 March 1933.

The Reich President

von Hindenburg

The Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

The Reich Foreign Minister

Baron von Neurath

The Reich Finance Minister

Count Schwerin von Krosigk

LAW, 7 APRIL 1933, CONCERNING ADMISSION TO THE BAR

1933 REICHSGESETZBLATT, PART 1, PAGE 188

The Reich government has enacted the following law which is promulgated herewith:

Article 1

The admission [to the bar] of attorneys who, according to the Law for the Restoration of the Professional Civil Service of 7 April 1933 (Reichsgesetzblatt, Part 1, page 175), are of non-Aryan descent, may be revoked before 30 September 1933.

The provision of paragraph 1 does not apply to attorneys who were already admitted on 1 August 1914 or who, during World War I, fought for the German Reich or her allies, or whose fathers or sons were killed in action in World War I.

Article 2

The admission to the bar can be refused to persons, who, according to the Law for the Restoration of the Professional Civil Service of 7 April 1933 (Reichsgesetzblatt, Part 1, page 175) are of non-Aryan descent, even though the reasons for this measure provided by the Attorneys’ Ordinance do not apply. The same applies to the admission, at another court, of attorneys designated in article 1, paragraph 2.

Article 3

Persons who have undertaken Communist activities are excluded from admission to the bar. Admissions already granted will be revoked.

Article 4

The administration of justice can suspend the admission of an attorney until it has been decided whether the right to revoke his admission according to article 1, paragraph 1, or article 3 will be used or not. The provisions of article 91b, paragraphs 2 through 4 of the Attorneys’ Ordinance (1933 Reichsgesetzblatt, Part 1, page 120) apply in case of a suspension.

Attorneys of the kind described in article 2, paragraph 2, can only be suspended in those cases where article 3 is applicable.

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Berlin, 7 April 1933.

The Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

LAW OF 1 DECEMBER 1933 CONCERNING SPECIAL NAZI PARTY AND STORM TROOPS’ (SA) JURISDICTION OVER MEMBERS OF THE NAZI PARTY, THE SA, AND THEIR SUBORDINATE ORGANIZATIONS[87]

Law for the Safeguarding of Unity of Party and State decreed on 1 December 1933

The Reich government has passed the following law, which herewith is promulgated.

Article 1

(1) Since the victory of the National Socialist revolution the National Socialist German Workers’ Party is the bearer of the German State ideology and merged with the State inseparably.

(2) It is a corporate body under public law. Its statutes are determined by the Fuehrer.

Article 2

In order to guarantee closest cooperation between Party and SA offices on the one hand and public authorities on the other hand, the deputy of the Fuehrer [Hess] and the chief of staff of the SA [Roehm] become members of the Reich government.

Article 3

(1) Because they are the leading and moving power of the National Socialist State, the members of the National Socialist German Workers’ Party and of the SA (including their subordinated organizations) have an enhanced duty toward the Fuehrer, the Nation, and the State.

(2) For violation of these duties they come under a special Party and SA jurisdiction.

(3) The Fuehrer can rule that these regulations be extended to members of other organizations.

Article 4

A violation of duty is represented by any action or omission, which affects or endangers the existence, the organization, the activities, or the reputation of the National Socialist German Workers’ Party; for members of the SA (including all organizations subordinated to it) especially every offense against discipline and order.

Article 5

In addition to the usual disciplinary penalties, terms of imprisonment and arrest can be imposed.

Article 6

Within the limits of their competence, the public authorities must render official and judicial assistance to Party and SA—offices which have been entrusted with the execution of the Party and SA jurisdiction.

Article 7

The law, concerning the right of imposing disciplinary penalties on members of the SA and SS, decreed on 28 April 1933 (Reich Law Gazette I, page 230) is repealed.

Article 8

In his capacity as leader of the National Socialist German Workers’ Party and supreme commander of the SA, the Reich Chancellor issues the necessary regulations for the carrying-out and completion of this law, especially those regarding the structure and the procedure of Party and SA jurisdiction. He determines the date on which the regulations pertaining to this jurisdiction will take effect.

Berlin, 1 December 1933

The Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

EXTRACTS FROM THE FIRST LAW FOR THE TRANSFER OF THE ADMINISTRATION OF JUSTICE TO THE REICH, 16 FEBRUARY 1934[88]

1934 REICHSGESETZBLATT, PART 1, PAGE 91

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

All courts shall pronounce sentence in the name of the German people.

Article 2

The Reich President exercises the right to quash pending proceedings, apart from his clemency prerogative.

Amnesties can only be issued by Reich law.

Article 3

Whoever has obtained the qualification to act as a judge, must be admitted to the bar in each State in pursuance of the existing Reich regulations.

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Article 5

The Reich Minister of Justice is authorized to issue all regulations which the transfer of the administration of justice to the Reich requires.

Berlin, 16 February 1934

The Reich Chancellor

Adolf Hitler

The Reich Minister of Justice, at the same time for the Reich Minister of Food and Agriculture

Dr. Guertner

The Reich Minister of the Interior

Frick

The Reich Minister of Finance

Count Schwerin von Krosigk

The Reich Minister of Economics

Dr. Schmitt

The Reich Minister of Labor

Franz Seldte

The Reich Minister of War

von Blomberg

EXTRACTS FROM THE LAW, 24 APRIL 1934, AMENDING PROVISIONS OF CRIMINAL LAW AND CRIMINAL PROCEDURE

1934 REICHSGESETZBLATT, PART 1, PAGE 341

The Reich government has enacted the following law, which is promulgated herewith:

Part I

In the second part of the criminal code, the first section (articles 80 to 93) is amended as follows):

Section 1

High treason[89] [Hochverrat].

Article 80

Whoever undertakes to incorporate, by violence or by threat of violence, the German territory [Reichsgebiet] in its entirety or in part into a foreign state, or to detach from the Reich any territory belonging to the Reich, will be punished by death.

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Article 81

Whoever undertakes to deprive the Reich President, the Reich Chancellor or any other member of the Reich government of his constitutional power, or to force or prevent such a person by violence or threat of violence or perpetration of a crime or offense, from exercising his constitutional rights altogether or in a certain sense, will be punished by death or hard labor for life or hard labor of not less than 5 years.

Article 82

Whoever conspires with another person in a treasonable act (articles 80, 81) is subject to punishment by death, hard labor for life or hard labor of not less than 5 years.

Whoever contacts a foreign power for the purpose of the preparation of a treasonable act or misuses his official authority or recruits men or trains them in the use of arms will be liable to the same penalty. If the perpetrator contacts a foreign government in a written declaration, the crime is considered accomplished once this declaration has been sent off.

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Article 83

Whoever publicly solicits, and incites to, an undertaking of high treason shall be punished by hard labor up to 10 years.

Whoever prepares an undertaking in any other way shall be liable to the same penalty.

The death penalty or hard labor for life or hard labor for not less than 2 years will be inflicted—

1. If the act aimed at establishing or maintaining an organized structure for the preparation of high treason; or

2. If the act was directed toward making the armed forces or police unfit for the execution of their duty to protect the stability of the German Reich from internal or external attack; or

3. If the act was directed toward influencing the masses by composing or distributing writings, recordings and pictures, or by the installation of radio, telegraph, or telephone; or

4. If the act was committed abroad or in such a manner that the perpetrator undertook to import writings, recordings or pictures from abroad for the purpose of distribution within the country.

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Article 87

Undertakings, within the meaning of the criminal code, embrace both completion and attempt.

Section 1 a

Article 88

Treason [Landesverrat]

State secrets in the meaning of the provisions of this section are documents, drawings, other objects, facts or reports thereof, which the welfare of the Reich, especially in the interest of national defense, requires to be held secret from a foreign government.

Whoever passes on or publicizes such a state secret to another person, especially to a foreign government or to a person acting for a foreign government, with the intent of endangering the welfare of the Reich, commits an act of treason in the meaning of the provisions of the section.

Article 89

Whoever undertakes to give away a state secret will be punished by death.

If the perpetrator is a foreigner he may be sentenced to hard labor for life.

If the act could not have constituted a danger for the welfare of the Reich, the verdict may be hard labor for life or for not less than 5 years.

Article 90

Whoever undertakes to procure a state secret in order to give it away will be punished by death or hard labor for life.

If the crime could not have brought about a danger for the welfare of the Reich the verdict may be a term of hard labor.

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Article 91

Whoever establishes contact with a foreign government or a person acting for a foreign government with the intention of causing a war or forcible measures against the Reich or other serious disadvantages to the Reich, will be punished by death.

Whoever establishes contact of the kind described in paragraph 1 with the intention of causing serious disadvantages for a national of the Reich, will be punished with hard labor for life or for not less than 5 years.

Article 82, paragraph 2, second sentence shall apply.

Article 91 a

A German who, during a war against the Reich, serves in the armed forces of the enemy or carries arms against the Reich or its allies shall be punished by death or hard labor for life or not less than 5 years.

Article 91 b

Whoever, during a war against the Reich, or with regard to an impending war, undertakes within the Reich, or being a German abroad, to either aid and abet the enemy power, or to cause a detriment to the armed forces of the Reich or its allies shall be punished by death or by hard labor for life.

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Article 92

Whoever conspires with another in a crime of treason under articles 89 through 90a, or 90f through 91b shall be punished by hard labor.

Whoever solicits or volunteers to commit a crime as described in paragraph 1, or accepts such a solicitation or offer will be liable to the same punishment. If the perpetrator declares his solicitation, offer, or acceptance in writing, the crime is accomplished when the declaration is sent off.

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Part III. People’s Court[90]

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Berlin, 24 April 1934

The Reich Chancellor

Adolph Hitler

The Reich Minister of Justice at the same time for the Reich Minister of the Interior

Dr. Guertner

The Reich Defense Minister

von Blomberg

EXTRACTS FROM THE SECOND LAW CONCERNING THE TRANSFER OF THE ADMINISTRATION OF JUSTICE TO THE REICH, 5 DECEMBER 1934[91]

1934 REICHSGESETZBLATT, PART 1, PAGE 1214

The Reich government has enacted the following law, which is promulgated herewith:

In the National-Socialist State, the administration of justice is uniform. It is under the jurisdiction of the Reich and requires uniform administration by the Reich. After the Ministries of Justice of the Reich and of Prussia have been combined, the Reich takes over the immediate direction of the administration of justice in the other states [Laender] in accordance with the following provisions:

Article 1

The competencies of the Supreme Justice Authorities of the States [Laender] are transferred to the Reich Minister of Justice; he is authorized to delegate them to agencies subordinate to him.

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Berlin, 5 December 1934

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

The Reich Minister of the Interior

Frick

LAW, 20 DECEMBER 1934, ON INSIDIOUS ACTS AGAINST STATE AND PARTY FOR THE PROTECTION OF PARTY UNIFORMS HEIMTUECKEGESETZ

1934 REICHSGESETZBLATT, PART 1, PAGE 1269

The Reich government has enacted the following law, which is promulgated herewith:

Section I

Article 1

1. Unless heavier punishment is provided for in other provisions, imprisonment up to 2 years shall be imposed upon anybody deliberately making false or grossly distorted statements, which are apt to debase the welfare of the Reich or the prestige of the Reich government, the NSDAP or its affiliated agencies. Whoever makes or disseminates such statements in public, will be imprisoned for not less than 3 months.

2. Anyone committing the offense with gross neglect shall be punished with imprisonment up to 3 months, or with a fine.

3. If the offense is directed solely against the prestige of the NSDAP or its affiliated agencies, the offender shall be prosecuted only with the consent of the Fuehrer’s Deputy or of agencies authorized by him.

Article 2

1. Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them or about institutions created by them, which are apt to undermine the confidence of the people in its political leadership—shall be punished with imprisonment.

2. Statements of this kind which are not made in public shall be punished equally if the offender reckons or has to reckon that his statements will eventually circulate in public.

3. The offender shall be prosecuted only by order of the Reich Minister of Justice; in case the offense was committed against a leading personality of the NSDAP, the Reich Minister of Justice will issue the order in agreement with the Fuehrer’s Deputy.

4. The Reich Minister of Justice in agreement with the Fuehrer’s Deputy shall determine who is to be regarded as a leading personality according to paragraph 1.

Article 3

1. Anyone who, when committing or threatening to commit a punishable act, is wearing or is carrying on his person the uniform or an insignia of the NSDAP, without being entitled to do so as a member of the NSDAP or its affiliated agencies, will be punished with hard labor or in minor instances with imprisonment for at least 6 months.

2. Anyone who commits the offense with the intention to bring about disorder or to sow fear or terror among the population, or to create difficulties for the German Reich with a foreign power, shall be punished with hard labor for at least 3 years or with hard labor for life; in particularly grave cases the death penalty may be imposed.

3. According to this law, a German national may be punished also if he committed the offense in a foreign country.

Article 4

1. Anyone who for his material advantage or for political ends poses as a member of the NSDAP or its agencies, shall be punished with imprisonment up to 1 year, plus a fine or both.

2. The offender shall be prosecuted only with the consent of the Fuehrer’s deputy or of agencies authorized by him.

Article 5

1. Anyone who manufactures, holds in stock, sells or otherwise brings on the market official Party uniforms, parts of Party uniforms, uniform cloth, or insignia of the NSDAP, its affiliated agencies or organization, without the permission of the Reich Treasurer of the NSDAP, shall be punished with imprisonment up to 2 years. By a directive to be published in the Reichsgesetzblatt the Reich Treasurer of the NSDAP in agreement with the Reich Minister of Economics will determine for what parts of uniform and uniform cloth a permission is required.

2. Anyone who has in his possession official Party uniforms and insignia without being a member of the NSDAP or its affiliated agencies or organizations, or without being entitled to possess them for any other reason, shall be punished with imprisonment of up to 1 year. Anyone who wears any of the above-mentioned items, shall be punished with imprisonment for at least 1 month.

3. To be put on a par with Party uniforms, parts of uniforms and insignia, are those uniforms, parts of uniforms, and insignia which can easily be taken for them.

4. In addition to the penalty those uniforms, parts of uniforms, uniform cloth, flags, or insignia which are involved in the punishable act shall be confiscated. In case no particular person can be prosecuted or condemned, the confiscation shall take place automatically, provided conditions justify it.

5. The confiscated items shall be turned over to the Reich Treasurer of the NSDAP or to those agencies appointed by him, for future use.

6. The prosecution of the offense and the confiscation (article 4, paragraph 2) can be carried through only in agreement with the Fuehrer’s deputy or agencies authorized by him.

Article 6

According to this law, anyone who has obtained membership of the Party through false pretenses, is not a member of the NSDAP, its affiliated agencies or organizations.

Article 7

The Fuehrer’s deputy, in agreement with the Reich Minister of Justice and the Reich Minister of the Interior, shall issue the regulations necessary for the application and supplementation of articles 1 to 6.

Section II

Article 8

1. The regulations set forth in this law, with the exception of article 5, paragraph 1, apply accordingly to the Reich League for Air Defense [Reichsluftschutzbund], the League of German Sports Fliers [Deutscher Luftsportverband], the Voluntary Labor Service [Freiwilliger Arbeitsdienst], and the Technical Emergency Corps [Technische Nothilfe—TeNo].

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Section III

Article 9

Article 5, paragraph 1, will come into force on 1 February 1935. The other rules set forth in this law will come into force one day after their promulgation; the decree on malicious acts against the Government of the National Revolution, of 21 March 1933 (Reichsgesetzblatt I, page 135) as well as article 4 of the law on the Reich Aviation Administration of 15 December 1933 (Reichsgesetzblatt I, page 1077) are declared invalid.

Berlin, 20 December 1934

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

The Fuehrer’s Deputy, Reich Minister without Portfolio

R. Hess

The Reich Minister of the Interior also for the Reich Minister of Aviation

Frick

EXTRACTS FROM LAW OF 28 JUNE 1935 AMENDING THE CRIMINAL (PENAL) CODE

1935 REICHSGESETZBLATT, PART 1, PAGE 839

The Reich government has enacted the following law, which is promulgated herewith:

Section I

Creation of law by analogous application of penal laws. Articles 2 and 2a of the penal code are amended as follows:

Section I

Article 2[92]

Whoever commits an act which the law declares as punishable or which deserves punishment according to the fundamental idea of a penal law or the sound sentiment of the people, shall be punished. If no specific penal law can be directly applied to the act, it shall be punished according to the law whose underlying principle can be most readily applied to the act.

Section I

Article 2a

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A law issued for a limited time only is to be applied to those criminal acts which were committed during its validity, even after its validity has expired.

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Berlin, 28 June 1935

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

EXTRACTS FROM THE LAW, 28 JUNE 1935, THE CODE OF CRIMINAL PROCEDURE AND THE JUDICATURE ACT

1935 REICHSGESETZBLATT, PART 1, PAGE 844

The Reich government has enacted the following law, which is promulgated herewith:

Section I

Freer Position of the Judge

1. Creation of law by analogous application of the penal laws.

(a) As articles 170a and 267a, the following stipulations will be inserted in the Code of Criminal Procedure:

Article 170a

If an act deserves punishment according to the sound sentiment of the people, but is not declared punishable in the law, the prosecution will examine whether the underlying principle of a penal law can be applied to the act and whether justice can be helped to triumph by analogous application of that penal law. (Article 2 of the Penal Code).

Article 267a

If the trial shows that the defendant has committed an act which deserves punishment according to the sound sentiment of the people, but is not declared punishable by the law, the court will examine whether the underlying principle of a penal law applies to the act and whether justice can be helped to triumph by analogous application of that penal law (Article 2 of the Penal Code).

Article 265, paragraph 1, applies accordingly.

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4. Removal of one-sided limitations of the courts deciding on legal appeals. The code of criminal procedure is amended as follows:

(a) Article 331 is amended as follows:

Article 331

Even if the judgment has been contested only by the defendant or his legal representative or by the prosecution in his favor, it can be changed against the interests of the defendant.

(b) Article 358, paragraph 2, is amended as follows:

Even if the judgment has been contested only by the defendant or his legal representative or by the prosecution in his favor, it can be changed against the interests of the defendant.

(c) Article 373, paragraph 2, is amended as follows:

Even if resumption of the proceedings has been applied for only by the defendant or his legal representative or by the prosecution in his favor, the sentence can be changed against the interest of the defendant.

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Section II

Exemption of the Reich Supreme Court from being bound by precedents.

The Reich Supreme Court as the highest German tribunal must consider it its duty to effect an interpretation of the law which takes into account the change of ideology and of legal concepts which the new state has brought about. In order to enable it to accomplish this task without having to show consideration for the jurisdiction of the past brought about by other ideologies and other legal concepts, it is ruled as follows:

When a decision is made on a legal question, the Reich Supreme Court can deviate from a decision laid down before this law came into force.

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Section IV

Freer Position of the Prosecution

1. Removal of the necessity of proceedings before the investigating judge; Introduction of assistant judges.

The investigating code of criminal procedure is amended as follows:

(a) Article 178 is amended as follows:

Article 178

In those penal cases, which belong to the competency of the People’s Court, the courts of appeal or the courts of assize, a preliminary court investigation is to be held at the request of the prosecution, if the prosecution, according to its own discretion, deems this necessary.

Also, in other penal cases a preliminary court investigation will be held, if the prosecution so requests. The prosecution should make such a request only if extraordinary circumstances require a preliminary court investigation by a judge.

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2. Discretion with regard to victims of blackmail:

As article 154b, the following stipulation is inserted:

Article 154b

If duress has been applied, or blackmail has been committed, by threatening to reveal a criminal act, the prosecution can refrain from prosecuting the act whose revelation has been threatened, if it is required as expiation and for protection of the community of the people.

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Berlin, 28 June 1935

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

LAW, 15 SEPTEMBER 1935, FOR THE PROTECTION OF GERMAN BLOOD AND HONOR[93]

1935 REICHSGESETZBLATT, PART 1, PAGE 1146

Imbued with the conviction that the purity of the German blood is the prerequisite for the permanence of the German people, and animated by the inflexible will to safeguard the German nation for all future, the Reichstag has unanimously enacted the following law, which is promulgated herewith:

Article 1

(1) Marriages between Jews and German nationals of German or related blood are prohibited. Marriages concluded despite of this are void, even if concluded abroad in order to circumvent this law.

(2) Only the public prosecutor can file an action for nullification.

Article 2

Sexual intercourse (except in marriage) between Jews and German nationals of German or related blood is forbidden.

Article 3

Jews may not employ female German nationals of German or related blood below 45 years of age in their households.

Article 4

(1) Jews are forbidden to show the Reich and national flag or the colors of the Reich.

(2) They are, however, allowed to show the Jewish colors. The exercise of this right will be protected by the State.

Article 5

(1) Whoever violates the prohibition of article 1 will be punished with hard labor.

(2) Any man violating the prohibition of article 2 will be punished with imprisonment or hard labor.

(3) Whoever violates the regulations under articles 3 or 4, will be punished with imprisonment up to 1 year or with a fine, or with both of these penalties.

Article 6

The Reich Minister of the Interior, in agreement with the deputy of the Fuehrer and the Reich Minister of Justice, will issue the legal and administrative regulations required for carrying out and supplementing this law.

Article 7

This law comes into force on the day following its promulgation; article 3, however, not until 1 January 1936.

Nuernberg, 15 September 1935, at the Reich Party Congress for Freedom.[94]

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

The Reich Minister of Justice

Dr. Guertner

The Deputy of the Fuehrer Reich Minister without Portfolio

R. Hess

EXTRACTS FROM THE LAW AGAINST ECONOMIC SABOTAGE, 1 DECEMBER 1936

1936 REICHSGESETZBLATT, PART 1, PAGE 999

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

(1) A German citizen who deliberately and unscrupulously, for his own gain or for other low motives, contrary to legal provisions smuggles property abroad or leaves property abroad and thus inflicts serious damage to German economy is to be punished by death. His property will be confiscated. The perpetrator is also punishable, if he commits the act abroad.

(2) This crime is subject to the jurisdiction of the People’s Court.

Article 2

The law becomes effective on the day of its promulgation.

Berlin, 1 December 1936

The Fuehrer and Reich Chancellor

Adolf Hitler

The Plenipotentiary for the Four Year Plan

Goering

Minister President

The Reich Minister of Economics as Deputy

Posse

The Reich Minister of Justice

Dr. Guertner

EXTRACT FROM THE GERMAN CIVIL SERVICE LAW (DEUTSCHES BEAMTENGESETZ, OR “DBG”), 26 JANUARY 1937[95]

4. Obligation to render obedience

Article 7

(1) The civil servant is responsible for the lawfulness of his official acts.

(2) Insofar as nothing else has been legally provided, he has to comply with the official directives given by his superiors or by persons authorized to give him directives by virtue of a special order; the responsibility then rests with him who gave the directive. The civil servant must not comply with an order the execution of which would obviously contravene the criminal laws.

(3) The civil servant may accept directives for his official acts only from his superior or from persons authorized by virtue of a special order to give him directives; his obligation to comply with the law and with such regulations has the precedence of any other obligations to render obedience.

(4) The Fuehrer and Reich Chancellor decides whether and to what extent it is admissible to call a civil servant who is a member of the National Socialist German Workers’ Party to account before a Party court.

DECREE, 10 JULY 1937, OF THE FUEHRER AND REICH CHANCELLOR CONCERNING APPOINTMENT OF CIVIL SERVANTS AND TERMINATION OF CIVIL SERVICE STATUS

1937 REICHSGESETZBLATT, PART 1, PAGE 769

On the basis of Articles 24, 31, 66, and 78 of the German Civil Service Law of 26 January 1937 (Reichsgesetzblatt I, page 39) I hereby order under concurrent suspension of my decree on the appointment and termination of Reich and Land [State] civil servants of 1 February 1935 (Reichsgesetzblatt I, pages 74, 73) and on the participation of the deputy of the Fuehrer in the appointment of civil servants of 24 September 1935 (Reichsgesetzblatt I, page 1203) as follows:

I

(1) I reserve to myself the power to appoint and retire civil servants of permanent status [Planstellen] of the civil service pay groups A 2 c 2 and upward and in the equivalent Land civil service pay groups, if not otherwise directed by special regulations. These civil servants will be dismissed by me in accordance with articles 60, 61, 63 of the German Civil Service Law, but according to article 61 only in as far as they can be placed in inactive status [Wartestand]. Civil servants whom I have placed in inactive status, and who are to be returned to active duty in permanent positions which do not require a formal appointment on my part can only be returned to active duty with my concurrence. I reserve to myself the power to retire the following civil servants in inactive status: under secretaries, ambassadors, ministerial directors, ministers first class, and Oberreichsanwaelte.

(2) Suggestions will be submitted by the appropriate Reich Minister, for Prussia by the Minister President.

(3) Before suggestions for appointment of civil servants and the employment in accordance with sentence 3, Article I, is made, the advice from the deputy of the Fuehrer [Hess] is to be sought, except in cases where they are civil servants of the armed forces.

II

(1) I delegate the implementation of the powers reserved to myself on appointment, retirement, and dismissal of the other civil servants, in as far as I have not made reservations in article I, to the Reich Ministers, for Prussia to the Minister President, who can further delegate their authority with concurrence of the Reich Minister of Interior and the Reich Minister of Finance.

(2) In special cases I reserve to myself the right of personal decision also in cases of these civil servants.

III

The necessary regulations for the implementation of this decree will be published by the Reich Minister of the Interior and the Reich Finance Minister.

Berchtesgaden, 10 July 1937

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Interior

Frick

EXTRACTS FROM DECREE, 17 AUGUST 1938, FOR SPECIAL CRIMINAL LAW IN TIME OF WAR AND SPECIAL EMERGENCY[96]

1939 REICHSGESETZBLATT, PART 1, PAGE 1455

*******

Article 5. Undermining of Military Efficiency[97]

(1) The following shall be guilty of undermining German defensive strength, and shall be punished by death:

1. Whoever publicly solicits or incites others to evade the fulfillment of compulsory military service in the German or an allied armed force, or publicly otherwise seeks to paralyze or undermine the will of the German or allied people to assert itself by force of arms.

2. Whoever undertakes to induce a soldier or conscript in the reserves to disobedience, opposition, or violence against a superior, or to desertion or illegal absence, or otherwise to undermine the discipline of the German or an allied armed force.

3. Whoever undertakes to avoid or cause another person to avoid the fulfillment of military service entirely, partly, or temporarily by means of self-mutilation, by means designated to deceive, or by other methods.

*******

Berlin, 17 August 1938

The Fuehrer and Reich Chancellor

Adolf Hitler

The Chief of the High Command of the Armed Forces

Keitel

DECREE, 1 SEPTEMBER 1939, CONCERNING EXTRAORDINARY MEASURES WITH REGARD TO FOREIGN RADIO BROADCASTS

1939 REICHSGESETZBLATT, PART 1, PAGE 1683

*******

Article 1

Deliberate listening to foreign radio stations is prohibited. Violations are punishable by hard labor. In less severe cases a sentence of imprisonment may be passed. The radio receivers used will be confiscated.

Article 2

Whoever deliberately spreads news from foreign radio stations which is apt to undermine the defensive strength of the German people will be punished by hard labor, in particularly severe cases by death.

Article 3

The provisions of this decree do not apply to actions taken in execution of official duty.

Article 4

The Special Courts have jurisdiction to try and decide on violations of this decree.

Article 5

Criminal prosecution under articles 1 and 2 takes place only on request of the State Police authorities.

*******

Berlin, 1 September 1939

The Chairman of the Ministerial Council for the Defense of the Reich

Field Marshal Goering

The Deputy of the Fuehrer

R. Hess

The Plenipotentiary for the Administration of the Reich

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

Copy

DECREE, 3 SEPTEMBER 1939, OF THE FUEHRER AND REICH CHANCELLOR CONCERNING EXECUTION OF THE RIGHT OF PARDON[98]

During my absence from Berlin I delegate to the Reich Minister of Justice the execution of the right of cancellation [Niederschlagungsrecht] as well as the power to grant pardon and to dismiss petitions for pardon, in cases which come under the jurisdiction of the ordinary courts insofar as I have reserved these decisions to myself in the decree of 1 February 1935 (Reichsgesetzblatt I, page 74).

The same applies to revocation of decisions based on the decree of 23 November 1938 (Reichsgesetzblatt I, page 729).

I reserve to myself the right to decide personally in individual cases.

Berlin, 3 September 1939

The Fuehrer and Reich Chancellor

[Signed] Adolf Hitler

[Great Reich Seal]

The Reich Minister of Justice

[Signed] Dr. Guertner

Minister of State and Chief of the Presidential Chancellery

[Signed] Dr. Meissner

EXTRACTS FROM THE WAR ECONOMY DECREE OF 4 SEPTEMBER 1939

1939 REICHSGESETZBLATT, PART I, PAGE 1609

To protect the borders of our Fatherland, supreme sacrifices are demanded from each of the members of the people’s community [Volksgenossen]. The soldier protects the Fatherland with a weapon, risking his life. In view of the greatness of this commitment, it is the obvious duty of every member of the people’s community in the Fatherland to put all their strength and wealth at the disposal of the people and the Reich, in order to guarantee the continuation of an orderly economic life. This also means that every member of the people’s community restricts himself in his way of living and his standards.

*******

Section 1

Conduct Detrimental to War

Article 1

(1) Whoever destroys, removes, or conceals raw materials or products belonging to the vital requirements of the population and thereby malevolently endangers the supply of such requirements will be punished with hard labor or imprisonment, and in particularly serious cases by death.

(2) Whoever conceals payment certificates without any justified reason, will be punished with imprisonment and, in particularly serious cases, with hard labor.

*******

Berlin, 4 September 1939

The Chairman of the Ministerial Council for Defense of the Reich

Field Marshal Goering

The Deputy of the Fuehrer

R. Hess

The General Plenipotentiary for the Administration of the Reich

Frick

The General Plenipotentiary for the Economy

Walther Funk

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

The Chief of the High Command of the Armed Forces

Keitel

DECREE, 5 SEPTEMBER 1939, AGAINST PUBLIC ENEMIES[99]

1939 REICHSGESETZBLATT, PART I, PAGE 1679

The Ministerial Council for the Defense of the Reich decrees with the force of Law:

Article 1

Looting in Liberated Territory

(1) Whoever is found looting in liberated territory or in buildings or rooms voluntarily vacated will be punished by death.

(2) This crime is subject to the jurisdiction of the Special Courts,[100] insofar as field military courts have no jurisdiction.

(3) The death penalty may be executed by hanging.

Article 2

Crimes During Air Raids

Whoever commits a crime or offense against the body, life, property, taking advantage of air raid protection measures, is punishable by hard labor of up to 15 years or for life, and in particularly severe cases by death.

Article 3

Crimes of Public Danger

Whoever commits arson or any other crime of public danger, thereby undermining German defensive strength, will be punished by death.

Article 4

Exploitation of the State of War as a Reason for more severe Punishment

Whoever commits any other criminal act by exploiting the extraordinary conditions caused by war is punishable beyond the regular punishment limits with hard labor of up to 15 years or for life, or by death if the sound sentiment of the people requires it because of the particular wickedness of the act.

Article 5

Speeding up of Special Court Proceedings

In all trials by Special Courts the verdict must be pronounced at once without observation of time limits if the perpetrator is caught redhanded or if his guilt is otherwise obvious.

Article 6

Sphere of Jurisdiction

The provisions of this Law are also applicable in the Protectorate of Bohemia and Moravia, also for those persons who are not German nationals.

Article 7

Final Regulations

The Reich Minister of Justice will issue the legal and administrative regulations required to carry out and supplement this decree.

Berlin, 5 September 1939

The Chairman of the Ministerial Council for the Defense of the Reich

Field Marshal Goering

The Plenipotentiary for the Administration of the Reich

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

DECREE OF 17 OCTOBER 1939, ESTABLISHING SPECIAL JURISDICTION AND PROVIDING FOR JUDGES APPOINTED BY HIMMLER, FOR CRIMINAL PROCEEDINGS AGAINST MEMBERS OF THE SS AND POLICE FORMATIONS ON SPECIAL TASKS

1939 REICHSGESETZBLATT, PART I, PAGE 2107

Decree on special jurisdiction in criminal proceedings against members of the SS and members of police formations on special tasks, dated 17 October 1939.

The council of ministers for the defense of the Reich decrees that the following become law in the territory of the Greater German Reich:

Article 1[101]

Special jurisdiction is established for the prosecution of—

1. Professional members of the Reich leadership of the SS,

2. Professional members of the staffs of those Higher SS and Police Leaders who command organizations listed under numbers 3 to 6,

3. Members of the SS Special Duty Troops,

4. Members of the SS Death Head units[102] including their replacement units,

5. Members of the SS Junkers’ Schools,

6. Members of the police formations on special tasks.

Article 2

(1) The persons specified under article 1, numbers 1 to 5, come under special jurisdiction in all cases of unlawful actions for which army courts are competent. The persons specified under article 1, number 6, come under special jurisdiction only if these unlawful actions have been committed while on special duty.

(2) The competence of the army courts remains unchanged.

Article 3

(1) If not ordered otherwise, the regulations of the military penal code, the regulations of the criminal procedure of courts martial as well as their introductory laws will be applied correspondingly under this special jurisdiction. As far as nonmilitary offenses are concerned, general criminal law applicable to members of the armed forces will be applied.

(2) The place of the Reich Minister for War or of the Chief of the High Command of the Wehrmacht is taken by the Reich Leader of the SS and Chief of the German Police. He appoints the judges and specifies the regional sphere of their jurisdiction.

Article 4

(1) Courts martial will be replaced by SS courts and, wherever cases against members of police units are concerned, by SS and police courts. The army appeal courts will be replaced by an SS and police appeal court.

(2) A special decree will be issued as to which court will take over the tasks of the Supreme Army Court in Wehrmacht affairs.

Article 5

(1) Civilian army judges will be replaced by SS judicial officers [Justizfuehrer] who are qualified to be judges. They will be appointed by the Fuehrer and Reich Chancellor, and in disciplinary matters, are directly subordinate to the Reich Leader SS.

(2) If the proceedings involve a member of the SS, SS members will be appointed as associate judges, otherwise the associate judge will be appointed from the ranks of the police.

(3) The registrars of the office will be replaced by SS Beurkundungsfuehrer [SS officers having registrar’s functions].

(4) Further regulations as to the legal status of SS judicial officers and SS Beurkundungsbeamte [SS officials having registrar’s functions] remain reserved.

Article 6

The regulations of the military penal code concerning special honor penalties [Ehrenstrafen] against soldiers are not to be applied. They are superseded by regulations concerning the penalties of dishonorable discharge and dismissal from the SS.

Article 7

The Reich Minister for the Interior and the Reich Leader SS, in agreement with the Reich Ministers of Justice and of Finance, are authorized to decree in their own field of activities the regulations necessary for articles 4 and 5 as well as the regulations for the carrying out of this ordinance.

Article 8

This ordinance becomes effective on the day of its proclamation.

Berlin, 17 October 1939

The Chairman of the Council of Ministers for the Defense of the Reich

Field Marshal Goering

The Plenipotentiary General for the Administration of the Reich

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

EXTRACTS FROM DECREE, 25 NOVEMBER 1939, SUPPLEMENTING PENAL PROVISIONS FOR PROTECTION OF THE MILITARY STRENGTH OF THE GERMAN PEOPLE[103]

1939 REICHSGESETZBLATT, PART I, PAGE 2319

The Ministerial Council for the Defense of the Reich decrees with the force of law:

Article 1

Damage to Military Equipment

(1) Whoever intentionally destroys, renders unserviceable, damages, abandons or removes military equipment of an installation intended for the German defense, and thereby intentionally, or through negligence, endangers the fighting power of the German armed forces, will be punished with imprisonment of not less than 6 months. In serious cases the death penalty, or hard labor for life, or a term of hard labor will be imposed.

(2) The same punishment will be inflicted upon a person who intentionally builds, manufactures or delivers in a defective manner military equipment or installations of the kind described above, and thereby intentionally or through negligence endangers the fighting power of the German armed forces.

(3) The attempt is also punishable.

(4) Whoever acts carelessly and thereby negligently endangers the fighting power of the German armed forces will be punished with imprisonment.

(5) This regulation replaces article 143 a of the penal code.

Article 2

Disturbance of an Essential Enterprise

(1) Whoever disturbs or endangers the orderly function of an enterprise essential to the defense of the Reich or to the supply of the population by making any object serving the enterprise completely or partially unusable or by putting it out of commission will be punished with hard labor or in especially serious cases with death.

(2) In less serious cases the penalty will be imprisonment.

*******

Article 5

Endangering of the Armed Forces of Friendly States

(1) Whoever in Germany gathers or forwards information concerning military matters for a foreign military intelligence service to the prejudice of another state, or forms, maintains, or supports an information service concerning such matters will be punished with hard labor or in less serious cases with imprisonment.

(2) The act shall be prosecuted only upon order of the Reich Minister of Justice.

Article 6

In the Protectorate of Bohemia and Moravia the provisions of articles 1, 2, 4, and 5 of this decree apply also to persons who are not German nationals.

Berlin, 25 November 1939

The Chairman of the Ministerial Council for the Defense of the Reich

Field Marshal Goering

The Plenipotentiary for the Administration of the Reich

As Deputy, Himmler

The Chief of the Reich Chancellery

Dr. Lammers

DECREE OF 5 DECEMBER 1939 AGAINST VIOLENT CRIMINALS

1939 REICHSGESETZBLATT, PART I, PAGE 2378

The Ministerial Council for the Defense of the Reich decrees the following with the force of law for the area of the Greater German Reich:

Article 1

Armed Violence

(1) Whoever uses a firearm, a cutting or stabbing weapon, or any other equally dangerous object while committing rape, street robbery, bank robbery or any other serious act of violence, or whoever threatens another person’s body or life with such a weapon will be punished by death.

(2) The criminal who attacks his pursuers or defends himself against them with the use of arms will be subject to the same penalty.

Article 2

Protection for People Assisting in the Pursuit of the Criminals

Whoever takes part personally in the pursuit of a criminal for the purpose of his apprehension has the same privileges under criminal law as policemen and officers of the law.

Article 3

Competence of the Special Court

In cases of crimes which fall under the provisions of articles 1 or 2 of this decree, the indictment will be filed with the Special Court.

Article 4

More Severe Punishment for Attempted Crimes and Aiding and Abetting

Where an attempted crime or offense or the aiding and abetting in such a crime or offense are punishable, the same punishment is generally admissible as is provided for the accomplished crime.

Article 5

Retroactive Force

This decree is also applicable to punishable acts committed before it came into force.

Article 6

Final Regulations

The Reich Minister of Justice will issue the legal and administrative provisions required to carry out and supplement this decree, and the special provisions concerning the application of this decree in the Protectorate of Bohemia and Moravia.

Berlin, 5 December 1939

The Chairman of the Ministerial Council for the Defense of the Reich

Field Marshal Goering

The Plenipotentiary for the Administration of the Reich

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

DECREE OF 6 MAY 1940 ON THE EXTENSION OF THE APPLICATION OF GERMAN CRIMINAL LAW

1940 REICHSGESETZBLATT, PART I, PAGE 754

The Ministerial Council for the Defense of the Reich decrees, for the territory of the greater German Reich, with the force of law:

Section I

Extent of the Application of Criminal Law

Articles 3 through 5, 8 and 37 of the Reich Penal Code will be replaced by the following regulations:

Article 3

German criminal law will be applied to the crime of a German national, no matter whether it is committed in Germany or abroad.

For a crime committed abroad, which according to the laws of the place of commitment is not punishable, German criminal law will not be applied, if such an act according to the sound sentiment of the German people—on account of the particular conditions prevailing at the place of commitment—is not considered to be deserving punishment.

An act shall be deemed to have been committed in any place where the perpetrator has acted, or, in case the act consists in an omission, where he ought to have acted, or where the results of the act came about or were intended to come about.

Article 4

German criminal law will be applied also in case of acts committed by a foreigner in Germany.

German criminal law will be applied to a crime committed by a foreigner abroad, if it is punishable according to the penal code of the territory where it is committed, or if such territory is not subject to any punitive authority [Strafgewalt] and if—

1. The perpetrator obtained German nationality after the act, or

2. The act is directed against the German people or a German national, or

3. The perpetrator is apprehended in Germany and is not extradited, although the nature of his act would permit extradition.

German criminal law will be applied to the following acts committed by a foreigner abroad, independently of the laws of the place of commitment:

1. Acts committed while holding a German government office, as a German soldier, or as member of the Reich Labor Service, or committed against a holder of an office of the German State or the Party, against a German soldier, or a member of the Reich Labor Service, while on duty, or relating to his duty;

2. Acts constituting treason or high treason against the German Reich;

3. Crimes committed with explosives;

4. Traffic in children and women;

5. Disclosure of a manufacturing or commercial secret of a German enterprise;

6. Perjury committed in the course of proceedings of a German court or some other German agency authorized to take oaths;

7. Crimes and offenses of counterfeiting;

8. Unauthorized sale of narcotics;

9. Trade with pornographic publications.

Article 5

German criminal law will be applied, independently of the laws of the place of commitment, to crimes committed on a German vessel or a German airplane.

Section II

Regulations Amending the Rules of Criminal Procedure:

1. As article 8 a of the Code of Criminal Procedure the following regulation is being inserted:

Article 8 a

Jurisdiction shall also be established at the court in the district of which the defendant is being detained by order of an authority at the time the indictment is filed.

2. As article 153 a of the Code of Criminal Procedure, the following regulation is being inserted:

Article 153 a

*******

An act committed by a foreigner abroad will be prosecuted by the public prosecutor only if so demanded by the Reich Minister of Justice.

The public prosecutor may abstain from the prosecution of a punishable act if for the same act punishment has already been carried out abroad and the sentence to be expected in Germany, after deducting the time served abroad, would not be heavy.

*******

Berlin, 6 May 1940

The Chairman of the Ministerial Council for National Defense

Field Marshal Goering

The Plenipotentiary General for the Administration of the Reich

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

DECREE OF 11 JUNE 1940 CONCERNING EXECUTION OF PRISON SENTENCES FOR CRIMES COMMITTED IN TIME OF WAR

1940 REICHSGESETZBLATT, PART I, PAGE 877

The Ministerial Council for National Defense decrees the following with legal force for the territory of Greater Germany:

Article 1

(1) If a court martial or an SS and police court sentences a person to hard labor for crimes committed in time of war, or, sentences him, in addition to imprisonment, to loss of the right to bear arms, or loss of civil rights, and if the sentence is to be carried out within the scope of the Reich Administration of Justice, the period spent in prison during the war will not be included in the time of imprisonment. In special cases the judiciary can decide differently.

(2) If a person has within the scope of the Reich Administration of Justice been sentenced to hard labor for a crime committed in time of war, the executing authority should give an order which complies with the legal consequence of article 1, paragraph 1.

(3) The provisions of articles 1 and 2 apply also to prison sentences which have been passed before the effective date of this decree.

(4) Prison sentences which are covered by the provisions of article 1, paragraph 1, or for the execution of which an order according to article 2 is given, will be executed under more strict conditions.

Article 2

The Reich Minister of Justice is authorized to issue the necessary legal and administrative provisions for the carrying out or supplementation of this decree. He may determine that article 1, paragraph 2, should be applied accordingly if imprisonment is to be imposed.

Article 3

This decree applies also in the Incorporated Eastern Territories.

Berlin, 11 June 1940

The Chairman of the Ministerial Council for National Defense

Field Marshal Goering

The Plenipotentiary for the Administration of the Reich

Frick

The Chief of the High Command of the Armed Forces

Keitel

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

EXTRACTS FROM LAW OF 4 SEPTEMBER 1941 AMENDING THE CRIMINAL (PENAL) CODE

1941 REICHSGESETZBLATT, PART I, PAGE 549

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

The dangerous habitual criminal (article 20a of the penal code) and the sex criminal (articles 176 through 178 of the penal code) are subject to the death penalty if the protection of the national community or the need of just expiation require it.

*******

Article 3

The usurer (articles 302d and 302e of the penal code) will be punished with hard labor in especially serious cases. Moreover, a fine of an unlimited amount can be imposed.

*******

Fuehrer Headquarters, 4 September 1941

The Fuehrer and Reich Chancellor

Adolf Hitler

The President of the Ministerial Council for the Defense of the Reich

Reich Marshal Goering

The Acting Reich Minister of Justice

Dr. Schlegelberger

The Reich Minister of the Interior

Frick

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

EXTRACTS FROM THE ELEVENTH REGULATION ON THE REICH CITIZENSHIP LAW, 25 NOVEMBER 1941[104]

1941 REICHSGESETZBLATT, PART I, PAGE 722

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

A Jew, having his regular abode abroad, cannot be a German national. Regular abode abroad shall be presumed if a Jew is abiding abroad under circumstances indicating that he abides there not only temporarily.

Article 2

A Jew loses German nationality—

a. If at the date this amendment becomes effective, he has his regular residence abroad, with that same date.

b. If he takes up his regular residence abroad later on, at the same time replacing his regular domestic residence by a residence abroad.

Article 3

(1) The property of the Jew who is losing his German nationality under this amendment shall be forfeited for the benefit of the Reich at the moment he loses his nationality. For the benefit of the Reich shall further be forfeited the property of Jews who are stateless at the moment this amendment becomes effective, and who were of German nationality, prior to this amendment coming into effect, if they have taken up or take up their regular residence abroad.

(2) The property thus forfeited shall serve the furthering of all purposes in connection with the solution of the Jewish question.

Article 4

(1) Persons whose property is forfeited for the benefit of the Reich under article 3, shall not be able to inherit anything from a German national.

*******

Article 8

(1) It is for the chief of the Security Police and the SD to decide whether the conditions for a forfeiture of property are given.

(2) The administration and liquidation of the forfeited property is up to the chief of the Regional Finance Office, Berlin.

*******

Article 10

(1) Claims for pensions of Jews who lose German nationality under article 2 expire with the end of the month during which the loss of nationality occurs.

*******

Article 12

This amendment is also valid for the Protectorate of Bohemia and Moravia and the Incorporated Eastern Territories.

Berlin, 25 November 1941

The Reich Minister of the Interior

Frick

The Chief of the Party Chancellery

M. Bormann

The Reich Minister of Finance

As Deputy, Reinhardt

The Acting Reich Minister of Justice

Dr. Schlegelberger

ORDER OF 16 JANUARY 1942 FOR EXECUTION OF THE FUEHRER DECREE CONCERNING THE POSITION OF CHIEF OF THE PARTY CHANCELLERY

1942 REICHSGESETZBLATT, PART I, PAGE 35

Pursuant to the Fuehrer decree of 29 May 1941 (Reichsgesetzblatt I, p. 295) defining the position of the chief of the Party Chancellery, the following is hereby directed:

Article 1

(1) Any Party contribution toward national legislation is the exclusive responsibility of the chief of the Party Chancellery unless otherwise directed by the Fuehrer. Legislative proposals or suggestions emanating from the Party, its formations or affiliated organizations are to be submitted exclusively by the chief of the Party Chancellery to the top-level Reich authorities concerned.

(2) Likewise, all assistance of the Party in dealings with personnel matters of civil servants is the exclusive responsibility of the chief of the Party Chancellery.

Article 2

In all matters of national legislation the chief of the Party Chancellery occupies the same position as that of any Reich minister concerned. Therefore he is to be consulted by the highest Reich authorities with regard to the drafting of Reich laws, decrees, and directives of the Fuehrer, directives of the Ministerial Council for National Defense, as well as directives issued by the highest Reich authorities, and regulations and provisions for the execution of these directives. The same applies to the endorsement of laws and directives issued within the jurisdiction of the German States [Laender] or of directives of Reich governors.

Article 3

In all matters of general principle and national policy, particularly in matters pertaining to the drafting, amendment, or execution of laws, decrees, or directives, all communications between the highest Reich authorities and the highest authority of the German States including several political districts on one hand, and the agencies of the Party, its formations and affiliated organizations on the other hand, are to be channeled exclusively through the chief of the Party Chancellery. In such cases there shall exist no direct correspondence between either the highest Reich authorities or the highest authorities of the German States, and any agencies of the Party other than the chief of the Party Chancellery. The same applies to personnel matters of civil servants, unless such matters are otherwise regulated by special provisions.

Fuehrer Headquarters, 16 January 1942

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

The Chief of the Party Chancellery

M. Bormann

FUEHRER DECREE, 21 MARCH 1942, CONCERNING SIMPLIFICATION OF THE ADMINISTRATION OF JUSTICE

1942 REICHSGESETZBLATT, PART I, PAGE 139

The defense of people and Reich necessitates smooth and quick work in the administration of justice. In order to enable the courts and the public prosecutors to continue the fulfilling of their tasks under the extraordinary conditions, I decree the following:

I

The procedure in penal cases including the administration of punishment, in civil cases and in matters of voluntary jurisdiction, is to be simplified and expedited, by eliminating all dispensable measures and by utilizing all available manpower, as far as it is compatible with the purpose of the procedure. In particular, in penal cases the enforcement of the indictment by the offended party, and the formal decree of the court opening, the trial will be eliminated; the authority of the local court in penal matters is to be enlarged, and the admissibility of writs of punishment to be extended.

II

Indictments and judicial decisions will be written in concise style and cut down to the absolutely necessary.

III

The participation of professional associate judges in judicial decisions is to be restricted.

IV

Appeals against judicial decisions will be adapted to war conditions; they can be made subject to special admission. In civil cases of appeal the introduction of new factual material is to be further restricted.

V

(1) The term of office of the members of the Special Senates of the Reich Supreme Court and of the People’s Court, as well as the honorary members of the People’s Court, is extended to the termination of the war.

(2) The units and members of units of the Reich chamber of attorneys, the Reich chamber of notaries public and the notaries’ finance office will remain in office until the termination of the war; their appointment can be revoked at any time.

VI

I commission the Reich Minister of Justice, in agreement with the Reich Minister and chief of the Reich Chancellery, and the chief of the Party Chancellery, to issue the legal provisions necessary for the execution of this decree. I empower the Reich Minister of Justice to make the necessary administrative provisions and to decide any doubtful questions by administrative means under due observation of article 2 of the decree of 16 January 1942 (Reichsgesetzblatt Part I, page 35).

Fuehrer Headquarters, 21 March 1942

The Fuehrer

Adolf Hitler

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

UNANIMOUS DECISION OF THE GREATER GERMAN REICHSTAG, 26 APRIL 1942, CONCERNING UNRESTRICTED POWERS OF ADOLF HITLER

1942 REICHSGESETZBLATT, PART I, PAGE 247

Decision of the Greater German Reichstag, 26 April 1942

At the proposal of the president of the Reichstag, in its session of 26 April 1942, the greater German Reichstag has unanimously approved of the rights which the Fuehrer has postulated in his speech[105], with the following decision:

“There can be no doubt that in the present war, in which the German people is faced with a struggle for its existence or annihilation, the Fuehrer must have all the rights postulated by him which serve to further or achieve victory. Therefore—without being bound by existing legal regulations—the Fuehrer in his capacity as leader of the nation, supreme commander of the armed forces, chief of the government, and supreme holder of executive power, as holder of the supreme judicial power [Oberster Gerichtsherr] and leader of the Party must be in a position to force with all means at his disposal every German, if necessary, whether he be common soldier or officer, low or high official or judge, leading or subordinate official of the Party, worker or employee, to fulfill his duties. In case of violation of these duties, the Fuehrer is entitled, after conscientious examination, regardless of so-called well established rights, to impose due punishment, and to remove the offender from his post, rank and position, without using prescribed procedures.”

At the order of the Fuehrer this decision is hereby promulgated.

Berlin, 26 April 1942

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

DECREE, 15 JULY 1942, SIGNED BY KEITEL, STUCKART AND DEFENDANT SCHLEGELBERGER, EXTENDING SPECIAL JURISDICTION OF SS AND POLICE OR MILITARY COURTS TO THE PROTECTORATE OF BOHEMIA AND MORAVIA

1942 REICHSGESETZBLATT I, PAGE 475

Order Concerning the Jurisdiction of SS Courts and Police Courts in the Protectorate Bohemia and Moravia, 15 July 1942

In pursuance of the decree of the Fuehrer and Reich Chancellor concerning the Protectorate Bohemia and Moravia, dated 16 March, 1939 (RGB1.I, p. 485) and in agreement with the Reich Protector of Bohemia and Moravia, the following order is issued:

Article 1

In case of direct attack by a non-German citizen against the SS or the German police or against any of their members, the Reich Leader of the SS and chief of the German police in the Reich Ministry of the Interior may establish the jurisdiction of a combined SS court and police court, by declaring that special interests of parts of the SS or of the police require that judgment be given by an SS and police court.[106]

This declaration shall be sent to the Reich Protector of Bohemia and Moravia. The SS and police court, which shall have jurisdiction in individual cases, shall be specified by the Reich leader of the SS and chief of the German police in the Reich Ministry of the Interior.

Article 2

If the offense directly injures the interests of the armed forces the Reich Leader of the SS and chief of the German police in the Reich Ministry of the Interior, and the chief of the High Command of the Armed Forces shall reach an agreement as to whether the case shall be prosecuted by an SS and police court or by a military court.

Article 3

This order shall become effective 1 week after its publication.

Berlin, 15 July 1942

The Reich Minister of the Interior

As deputy, Dr. Stuckart

The Chief of the High Command of the Armed Forces

Keitel

The Acting Reich Minister of Justice

Dr. Schlegelberger

EXTRACTS FROM DECREE OF 13 AUGUST 1942 FOR THE FURTHER SIMPLIFICATION OF THE ADMINISTRATION OF JUSTICE IN CRIMINAL CASES

1942 REICHSGESETZBLATT, PART I, PAGE 508

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Article II

Extended penal authority of the Local Court

The local court may pass sentence of hard labor up to 5 years.

Article III

Extension of the Admissibility of the Writ of Punishment

A writ of punishment of up to 6 months’ imprisonment is admissible for crimes, too.

Article IV

Economizing on Manpower in the Composition of Penal Court

Decisions by the penal chamber of the district court, the Special Court and the penal senate of the courts of appeal may be made by the president or his regular deputy alone, if he considers the cooperation of his associates dispensable in view of the factual and legal simplicity of the case, and if the public prosecutor agrees.

Article V

Trial without Public Prosecutor

In proceedings before the local court the public prosecutor may abstain from participation in the trial.

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Article VII

Reorganization of the System of Legal Remedies

Article 1

Restriction of Legal Remedies

Appeal and complaint by the defendant or the plaintiff in penal cases, prosecuting on his own or beside the public prosecutor, against a decision issued after this decree comes into force, are subject to special admission. This will be granted in cases where a refusal would be unfair.

Berlin, 13 August 1942

The Acting Reich Minister of Justice

Dr. Schlegelberger

HITLER DECREE, 20 AUGUST 1942, CONCERNING SPECIAL POWERS AUTHORIZING THE REICH MINISTER OF JUSTICE TO DEVIATE FROM ANY EXISTING LAW IN ESTABLISHING A NATIONAL SOCIALIST ADMINISTRATION OF JUSTICE

1942 REICHSGESETZBLATT, PART I, PAGE 535

Decree of the Fuehrer concerning Special Powers of the Reich Minister of Justice

To fulfill the tasks of the Greater German Reich, a strong administration of justice is necessary. Therefore, I commission and empower the Reich Minister of Justice[107] to establish a national socialist administration of justice and to take all necessary measures in accordance with my directives and instructions and in agreement with the Reich Minister and chief of the Reich Chancellery and the chief of the Party Chancellery.[108] In doing so, he can deviate from any existing law.

Fuehrer Headquarters, 20 August 1942

The Fuehrer

Adolf Hitler

The Reich Minister and Chief of the Reich Chancellery

Dr. Lammers

EXTRACTS FROM THE REICH JUVENILE COURT LAW OF 10 NOVEMBER 1943

1943 REICHSGESETZBLATT, PART I, PAGE 639

First Part

Juvenile Delinquencies and their Consequences

First Section

General Rules

Article 1

Sphere of Application

(1) This law applies whenever a juvenile commits a delinquency subject to punishment. A juvenile is one who, at the time of the deed, is 14 but not yet 18 years old.

(2) This law applies to Germans. It shall be applied accordingly to members of other nationalities, as far as not otherwise provided.

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Seventh Section

Application of the General Criminal Law

Article 20

Juvenile Major Criminals

(1) If at the time of the deed the juvenile was morally and mentally developed to such an extent that he can be considered like a perpetrator over 18 years old, the judge will apply the general criminal law, if the sound sentiment of the people requires it because of the particularly wicked character of the perpetrator and because of the seriousness of his deed.

(2) The same applies, if the juvenile at the time of the deed, according to his moral and mental development, cannot be considered like an adult, but if the over-all appreciation of his personality and his deed shows that he is a major criminal of a degenerate character and the protection of the people demands such treatment.

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FIFTH DECREE, 5 MAY 1944, AMENDING THE DECREE CONCERNING SPECIAL CRIMINAL LAW IN TIME OF WAR AND SPECIAL EMERGENCY

1944 REICHSGESETZBLATT, PART I, PAGE 115

Pursuant to Article 10 of the Decree concerning Special Criminal Law in Time of War and Special Emergency[109] (Special Penal Decree for Wartime) of 17 August 1938 (Reichsgesetzblatt 1939, I, p. 1455) the following is ordered:

Article I

Article 5a of the Special Penal Decree for Wartime is amended as follows:

Article 5a

Excess of the Regular Penalty Limits

(1) With regard to all offenders who through an intentional, punishable act have become guilty of causing a serious detriment or danger to the conduct of the war or the security of the Reich, the penalty can be increased in excess of the regular penalty limits, up to the statutory maximum of a given type of penalty, or to a term of hard labor, or to hard labor for life, or to death, if the regular penalty limits are an insufficient expiation according to the sound sentiment of the people. The same applies to all punishable acts committed by negligence, if they have caused a particularly serious detriment or danger to the conduct of the war or the security of the Reich.

(2) In the case of punishable acts committed against the discipline and courage required of a soldier, the regular penalty limits may be likewise exceeded, if the maintenance of discipline and the security of the military unit require it.

Article II

Article I applies also to acts committed before this decree becomes effective.

Fuehrer Headquarters, 5 May 1944

The Chief of the High Command of the Armed Forces

Keitel

DECREE OF 25 AUGUST 1944, FOR THE PROTECTION OF THE TOTAL WAR EFFORT

1944 REICHSGESETZBLATT, PART I, PAGE 184

Pursuant to the decree of the Fuehrer concerning special powers of the Reich Minister of Justice,[110] of 20 August 1942 (Reichsgesetzblatt I, p. 535), in connection with the decree of the Fuehrer concerning total war effort of 25 July 1944 (Reichsgesetzblatt I, p. 161) the following is ordered in agreement with the Reich Minister and chief of the Reich Chancellery, the chief of the Party Chancellery, and the Plenipotentiary for the Administration of the Reich.

Article I

(1) He who willfully or negligently violates an order or prohibition contained in a legal decree or a duly promulgated administrative order of the Reich government, any Supreme Reich Authority or any other authority on the same level with it concerning measures for implementing total war effort, will be punished with imprisonment and/or a fine.

(2) If the perpetrator is guilty of causing, by a willful violation, a serious disadvantage or a serious danger or, by a negligent violation, a specially serious advantage or a specially serious danger to the war effort or the security of the Reich, he may be punished with hard labor for a limited period, or for life, or with death.

Article II

This decree is also applicable if the legal decree or administrative order has been promulgated before this decree comes into force, but after 25 July 1944.

Berlin, 25 August 1944

The Reich Minister of Justice

As deputy, Klemm[111]

EXTRACTS FROM DECREE, 13 DECEMBER 1944, FOR THE FURTHER ADAPTATION OF CRIMINAL PROCEDURE TO THE REQUIREMENTS OF TOTAL WAR (FOURTH DECREE FOR THE SIMPLIFICATION OF CRIMINAL PROCEDURE)

1944 REICHSGESETZBLATT, PART I, PAGE 339

In pursuance of the decree of the Fuehrer concerning special powers of the Reich Minister of Justice, dated 20 August 1942,[112] (Reichsgesetzblatt I, p. 535), in connection with the decree of the Fuehrer concerning total war, dated 25 July 1944 (Reichsgesetzblatt I, p. 161), and in agreement with the Reich Minister and chief of the Reich Chancellery, the chief of the Party Chancellery, and the Plenipotentiary for the Administration of the Reich, the following is ordered:

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Part II

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Article 12

Limited Admittance of Defense Counsel

(1) In one criminal case, several lawyers or professional representatives may not act side by side as chosen counsel for one defendant.

(2) The rules about obligatory representation by defense counsel do not apply. The presiding judge appoints a defense counsel for the whole or part of the proceedings if the difficulty of the factual or legal problems makes assistance by a defense counsel necessary, or if the defendant, in due consideration of his personality, is unable to defend himself personally.

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Berlin, 13 December 1944

The Reich Minister of Justice

Dr. Thierack

C. Organization and Structure of the German Judicial System and the Reich Ministry of Justice

I. THE POSITION AND RESPONSIBILITY OF LEADING OFFICIALS IN THE REICH MINISTRY OF JUSTICE

EXTRACT FROM THE TESTIMONY OF DEFENDANT METTGENBERG[113]

DIRECT EXAMINATION

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Dr. Schilf (counsel for defendant Mettgenberg): Dr. Mettgenberg, at the Reich Ministry of Justice you last held the position of a subdepartment chief. In the course of this trial a great many things have been said about that subdepartment chief,[114] but you are the only defendant who last held that position. Therefore, would you please give the court an outline of that last position you held?

Defendant Mettgenberg: Perhaps I may somewhat exceed the scope of the question and say a few words about the structure of the Reich Ministry of Justice as a whole, of which so far nothing has been said here. The entire personnel of the Reich Ministry of Justice amounted to approximately 800. Those 800 people composed three groups, the workers, the employees, and the officials. As an example for the workmen may I perhaps mention the cleaning women and the boilermen. As an example for the employees, the majority of the secretaries and typists. Officials were those who held the posts of civil servants. Conditions to fulfill the status of a civil servant were mainly of a formal nature. Within the body of civil servants there were three groups which must be distinguished—the lower grade, the intermediate grade, and the higher grade. Lower officials were, for example, those who carried the files, the chief messengers, etc. Officials of the intermediate grade were the men whose task it was to keep the registers and to draft documents which were made by the dozen. The higher grade of officials were those beginning with assessor [junior judge or prosecutor] up to the Minister himself. The scope of work for the higher grade civil servants was distributed in such a way that the younger of these civil servants were employed as so-called co-workers [Mitarbeiter] or assistants. Above the co-workers there were the Referents.[115] They were older officials who held the rank of Oberregierungsrat or ministerial counsellor [Ministerialrat].[115] Above them the next category was the subdepartment chiefs [Unterabteilungsleiter]. These subdepartment chiefs were either senior ministerial counsellors [Ministerialraete] or Ministerialdirigenten.[115] Above them there were the department chiefs [Abteilungsleiter], as a rule a ministerial director.[115] Sometimes it was a Ministerialdirigent. Above them, but only temporarily, there was an assistant under secretary [Unterstaatssekretaer]. Above him there was one or several under secretaries [Staatssekretaeren].[115] At the very top there was the Reich Minister.[115] When one keeps that survey in mind, the answer to the question which counsel put to me becomes fairly clear. The subdepartment chief was between the Referent and the department chief. His task was to take reports from the Referent on matters which were of a somewhat supernormal importance; matters which were altogether normal and clear and unambiguous, where there were no misgivings, no doubts, there the Referent made the decision. But as soon as a matter, from any point of view, assumed somewhat greater significance, he had to report on it to the chief who, in turn, had to consider as to whether he himself was competent to decide on the question. If it was of real significance, a report had to be made to a higher authority, to the department chief, to the State Secretary, and possibly to the Minister. In the absence of the department chief, the subdepartment chief had to deputize for him in his business as department chief. And the organization with us was such that every subdepartment chief for his sphere of work had to undertake that work as a deputy. In the big department IV, which has been discussed here such a great deal, there were in the end six subdepartment chiefs, each of whom had his own sphere of work. When the department chief was absent, each one of the six subdepartment chiefs had to deputize for the department chief within and for his own sphere of work. In the main, my defense counsel has already explained the matter in his opening statement, and I may therefore refer to it. As concerns myself as a subdepartment chief, I too had to deputize for the department chief when matters were concerned which belonged within my sphere of work as a subdepartment chief.

2. EXTRACTS FROM THE “BASIC INFORMATION”

A BRIEF SUMMARY OF THE COURT SYSTEM[116]

Following the practice of most continental nations, German law (based primarily on Roman law principles) is largely enacted into codes. The criminal code dates from 1871, and the code of criminal procedure from 1877.

Before Hitler’s seizure of power, the individual German states (Laender) retained their sovereignty in the administration of justice and the establishment of courts. There was, however, a Supreme Court of the entire German Reich (Reichsgericht), which sat at Leipzig.

Under the Supreme Court, there were 34 district courts of appeal (Oberlandesgerichte), established in the several states and provinces. Under the district courts of appeal were some 180 district courts (Landgerichte) and about 2,200 local courts (Amtsgerichte).

Both the Judicature Act of 1877 and the Weimar constitution (article 102) provided that the courts and judges should be independent. The general administration of the courts, however, was controlled by the Justice Ministries—the Reich Supreme Court by the Reich Ministry of Justice and the intermediate and lower courts by the Justice Ministries of the individual states. The Reich and state prosecutors were appointed and controlled by the respective Reich and state ministries.

*******

The regular courts. Original jurisdiction, both in civil and criminal matters, was divided between the local courts and the district courts. The local courts served for civil cases where the claim did not exceed 1500 reichsmarks, and criminal cases where the crime was punishable with penal servitude up to 5 years. Cases where these limits were exceeded were brought originally in the district courts.

The appellate procedure was much simplified as a war measure in 1939. Criminal cases heard in the local courts could thereafter be appealed to the district courts, and criminal cases heard originally in the district courts could be appealed directly to the Reich Supreme Court. Civil cases from the local courts could be taken on appeal directly to the district courts of appeal; civil cases from the district courts could be appealed to the district courts of appeal and thereafter to the Reich Supreme Court.

Under the impact of the war and the resulting shortage of judges and judicial personnel, a decree in September 1944 further curtailed the right of appeal and entirely eliminated the judicial functions of the district courts of appeal.

The Reich Supreme Court was the court of first and last instance for cases of treason against the Reich but, as set forth below, in 1934 this function was absorbed by the People’s Court.

Extraordinary courts. Immediately after the seizure of power, by a decree of 21 March 1933,[117] Special Courts (Sondergerichte) were established in order to combat the activities of opponents of the new regime. One Special Court was established within the area of each district court of appeal. Each court was composed of a president and two associates, drawn from the professional judges of the district. The Special Courts were given jurisdiction over various crimes, including inciting to disobedience of governmental orders, crimes in the nature of sabotage, and acts “contrary to the public welfare.” There was no appeal from decisions of the Special Courts.

The following year, the People’s Court (Volksgerichtshof) was established by the law of 24 April 1934.[118] The People’s Court tried cases of treason, which were withdrawn from the jurisdiction of the Reich Supreme Court. During the following years, the jurisdiction of the People’s Court was vastly increased by the expanded concept of treason.

The People’s Court sat in six divisions, or “senates”; later on, a “special senate” was created to retry cases where, in the judgment of the Chief Public Prosecutor of the Reich, an insufficient punishment had been imposed. Ordinarily a senate of the People’s Court was composed of five judges, of whom two were professional judges and the other three were laymen specially appointed from the SS, the armed forces, and the Nazi Party hierarchy. There was no appeal from decisions of the People’s Court.

*******

Other special tribunals established under the third Reich included the “hereditary health courts”[119] (Erbgesundheitsgerichte) and in 1945, emergency civilian “courts martial”[120] (Standgerichte) in those parts of Germany which were near the front lines.

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REGULAR AND EXTRAORDINARY COURTS OF THE THIRD REICH

+------+ |HITLER| +------+ . +---------------------------+ | REICH MINISTRY OF JUSTICE |............ | THE MINISTER | . +---------------------------+ . | THE UNDER SECRETARY | . +---------------------------+ . | DEPT. III DEPT. IV | . | (_Combined in 1944_) | . +---------------------------+ . . . ......................... . . . . +-------------+ +---+----------------+---+ . |REICH SUPREME| | | PEOPLE’S COURT | | . +--| COURT | | | (BERLIN) | | REICH DEFENSE | | (LEIPZIG) | | +---+--------+---+ | COMMISSARS OR | +-------------+ | | SPECIAL| | GAULEITER | | . | | SENATE | | . | | . +-------+--------+-------+ . CRIMINAL | . | 1st | 2d | 3d | . APPEALS | . |SENATE | SENATE | SENATE| . AFTER | . +-------+--------+-------+ . 1939 | . | 4th | 5th | 6th | . | | . |SENATE | SENATE | SENATE| . | | . +-------+--------+-------+ . | | . . | | ..................... . | | . . | +------------------+ +------------------+ +-----------------+ | | DISTRICT COURTS | | SPECIAL COURTS | | CIVIL COURTS | | | OF APPEAL | |(_At least one in_| | MARTIAL | | |(_At least one in_| | _each province_) | |After February | | |_each province_) | | | |1945, created | | +------------------+ |Criminal | |wherever needed | | | Civil Chamber | |jurisdiction | |using one | | +------------------+ |_only_; first | |criminal court | | |_Criminal_ appeals| |and last instance.| |judge and a Reich| | |from District | +------------------+ |prosecutor. | | |Courts, and | +-----------------+ | |clemency or | | |nullity pleas | | |from Special | | |Courts, went | +--------------------+ | |directly to | |APPELLATE HEREDITARY| | |Supreme Court | | HEALTH COURTS | | |after 1939. In | +--------------------+ | |1944 _all_ | | | |judicial | | | |functions of | SINGLE APPEAL | |these Courts | | |were eliminated. | | | +------------------+ | | | | | | | | +------------------+ +--------------------+ | | DISTRICT COURTS | |MUNICIPAL HEREDITARY| | +------------------+ | HEALTH COURTS | +-| CRIMINAL CHAMBER | +--------------------+ +------------------+ | CIVIL CHAMBER | +------------------+ | | +------------------+ | MUNICIPAL COURTS | | | NOTE: | Single Chambers | _Solid_ connecting lines show existence | for minor civil | and direction of appeal. | and criminal | _Dotted_ connecting lines show review | matters. | channels for clemency and nullity +------------------+ pleas (no appeal).

CHART SHOWING POSITIONS OF THE DEFENDANTS AND OTHERS IN THE REICH MINISTRY OF JUSTICE AND THE GERMAN JUDICIAL SYSTEM UNDER HITLER[121]

+------------------------+ | HITLER | | As Reich Chancellor | |and Fuehrer of the NSDAP| +-----------+------------+ | +---------------------------+-----------------------------+ | | | +--------------+ | +---------------------------+ |REICH CHANCERY| | | PARTY CHANCERY |-------------------+ | (LAMMERS) | | | (BORMANN) | | +--------------+ | |KLEMM _Dept. IIIc until 44_| +-----------------------+ | +---------------------------+ |REICH DEFENSE COMMISSARS| | |Usually NSDAP-Gauleiter | | +------------------------+ | | +--------------+ +--------------------------------------+ | | OKW (KEITEL) | | REICH MINISTER OF JUSTICE | | |Legal Division| |Acting Minister SCHLEGELBERGER 1941–42|... | | (LEHMANN) | | Minister THIERACK 1942–45 | . | +--------------+ +--------------------------------------+ . | | | . | | +----------------------+ . +-------------------+ | | STATE SECRETARY | ...............................| COURTS MARTIAL | | |SCHLEGELBERGER 1930–42| . | eg. OESCHEY | | |ROTHENBERGER 1942–44|............. |(_after Feb. 1945_)| | |KLEMM 1944–45| +-------------------+ _LIAISON_ +----------------------+ | | +--------------------------+----------------------------+-----------+------------+------------------------------+ | | | | | | +--------------------+ +-------------------------+ +--------------------+ | +-----------------------+ +-----------------------+ +-------------+ | DIVISION III | | DIVISION IV | | DIVISION V | | | DIVISION VI | | SECRET DIVISION XV | |RSHA, SS, and| |Criminal Legislation| |Criminal Admin. and Proc.| |Penal Administration| | |Civil Law and Procedure| |Prison Inmate Transfers| | GESTAPO | | eg. METTGENBERG | | eg. METTGENBERG | | Chief: ENGERT | | | Chief: ALTSTOETTER | | Chief: ENGERT | | (HIMMLER) | | von AMMON | | von AMMON | +--------------------+ | +-----------------------+ +-----------------------+ +-------------+ +--------------------+ | JOEL (_until 1943_) | | . . +-------------------------+ | ......._LIAISON_....... .....................+-------------------------+ . | | . | | +-------------+ | +----------------------------+ | REICH | | | PEOPLE’S COURT | |SUPREME COURT| | |eg. LAUTZ BARNICKEL NEBELUNG| +-------------+ | | ROTHAUG ENGERT PETERSEN| | +----------------------------+ | +---------------------------+ |PROVINCIAL COURTS OF APPEAL| | eg. JOEL (_after 1943_) | +---------------------------+ | ....................+---------------------+ . | +---------------+ +----------------------+ |DISTRICT COURTS| | SPECIAL COURTS | +---------------+ | eg. CUHORST | . | OESCHEY | +---------------+ |ROTHAUG (_until 1943_)| | LOCAL COURTS | +----------------------+ +---------------+

3. SPECIAL COURTS[122]

DECREE OF THE REICH GOVERNMENT, 21 MARCH 1933, ON THE FORMATION OF SPECIAL COURTS

1933 REICHSGESETZBLATT, PART I, PAGE 136

Pursuant to chapter II of part six of the third decree of the Reich President to safeguard economy and finances and to combat political excesses, of 6 October 1931, (Reichsgesetzblatt I, pp. 537, 565) the following is decreed:

Article 1

(1) A Special Court will be created for the district of each court of appeal.

(2) The Special Courts are courts of the States.

(3) The Legal Administration of the respective States determines the seats of the Special Courts.

Article 2

The Special Courts have jurisdiction over crimes and offenses enumerated in the decree of the Reich President for the protection of people and State of 28 February 1933 (Reichsgesetzblatt I, p. 83) and in the decree concerning the defense against insidious attacks against the government of the national revolution of 21 March 1933 (Reichsgesetzblatt I, p. 135), provided that such crimes and offenses are not within the jurisdiction of the Reich Supreme Court or the courts of appeal.

Article 3

(1) The Special Courts shall also be competent if a crime or offense within their jurisdiction constitutes at the same time another punishable act.

(2) If another punishable act is factually connected with a crime or offense within the jurisdiction of the Special Courts, the proceedings against the perpetrators and participants of the other punishable act may be brought before the Special Court by way of combination.

(3) The extension of jurisdiction according to paragraphs 1 and 2 does not apply to matters within the jurisdiction of the Reich Supreme Court or the courts of appeal.

Article 4

(1) The Special Courts are composed of a president and two associate judges. A deputy has to be appointed for each member in case of his absence.

(2) The members and their deputies must be permanently appointed judges of the district for which the Special Court is established.

(3) The members will be appointed and the distribution of their tasks undertaken by the presidency of the district court in the district in which the Special Court is located.

Article 5

The prosecutors will be appointed by the legal administration of the States from those prosecution officials who are legally qualified for the office of a judge.

Article 6

The regulations of the code of criminal procedure and of the judicature act will apply correspondingly to the proceedings, provided nothing else has been determined.

Article 7

Proceedings may be instituted also before the Special Court in the district in which the defendant was caught or where he is in custody. The release of the defendant does not affect this jurisdiction once it has been established.

Article 8

Applications for disqualification of a judge will be decided upon by the Special Court to which the respective judge is assigned. For this decision the respective judge is replaced by his deputy. The deputy cannot be disqualified.

Article 9

(1) No hearings relating to the warrant of arrest will be held.

(2) The decisions concerning arrest pending trial are made by the president of the Special Court. The president of the Special Court is, apart from the local court, also competent for those decisions, which, according to articles 125, 128 of the code of criminal procedure, fall under the jurisdiction of the local court. Complaints against the decisions of the president and the local court will be decided upon by the Special Court.

(3) The president of the Special Court can delegate the interrogation of the defendant and the decision about the warrant of arrest to an associate judge. The same applies to the decisions which are to be made according to articles 116 and 148 of the code of criminal procedure.

Article 10

For the defendant who has not yet chosen counsel, counsel has to be appointed at the time when the date for the trial is fixed.

Article 11

A preliminary court investigation will not be held. If a preliminary court investigation is pending at the time this decree becomes effective, the records are to be transferred in due time to the prosecutor of the Special Court.

Article 12

(1) The indictment must contain a summary of the results of the investigations.

(2) The order of the court to open the trial can be dispensed with. Instead of the request of the prosecution for the order to open the trial, there will be the request of the prosecution to fix a date for the trial. After receiving the indictment the president will set a date for the trial, if in his opinion the legal prerequisites for it are fulfilled. Otherwise he will put the decision to the court. When setting the date for the trial, the president will also decide upon the warrant of arrest or the continuation of the arrest pending trial.

(3) The legal administration of the State can decree that the clerk of the Special Court will issue the summons for the trial and produce those objects which are to serve as evidence (art. 214, par. 1 of the code of criminal procedure). The legal administration of the State can delegate this power.

(4) The term of the summons (art. 217 of the code of criminal procedure) is 3 days. It can be shortened to 24 hours.

(5) The effects which the code of criminal procedure connects with the opening of the trial take place with the filing of the indictment. The effects, which the code of criminal procedure connects with the reading of the order of the court to open the trial, take place at the moment when the interrogation of the defendant as to the facts of the case begins.

Article 13

The Special Court can refuse any offer of evidence, if the court has come to the conviction that the evidence is not necessary for clearing up the case.

Article 14

The Special Court has to pass sentence even if the trial results in showing the act, of which the defendant is accused, as not being under the jurisdiction of the Special Court. This does not apply if the act constitutes a crime or offense under the jurisdiction of the Reich Supreme Court or the courts of appeal; in this case the Special Court has to proceed according to article 270, paragraphs 1 and 2 of the code of criminal procedure.

Article 15

The results of the interrogations (art. 273, par. 2 of the code of criminal procedure) need not be incorporated in the record of the trial.

Article 16

(1) There is no legal appeal against decisions of the Special Courts.

(2) Applications for a reopening of the case are to be decided upon by the penal chamber of the district court. The reopening of the case in favor of the defendant will also take place if there are circumstances which point to the necessity of reexamining the case in the ordinary procedure. The stipulation of article 363 of the code of criminal procedure remains unaffected. If the application for the reopening of the case is justified, the trial will be ordered to take place before the competent ordinary court.

Article 17

Proceedings initiated on a punishable act within the jurisdiction of the Special Courts and pending at the date this decree becomes effective, will be continued according to the general rules if the trial has already started. Otherwise they will be transferred to the procedure regulated in this decree.

Article 18

(1) When the activities of the Special Courts end, the pending cases will be transferred to the ordinary procedure; the indictment filed according to the stipulations of this decree will become ineffective.

(2) If the trial has once started before the Special Court, it will be carried on according to the stipulations of this decree.

(3) The administration of punishment will be transferred to the authority for the administration of punishment in whose district the Special Court had its seat; the court decisions occurring in the course of the administration of punishment will be made by the penal chamber of the district court without hearings being held.

Article 19

This decree becomes effective on the second day after its promulgation.

Berlin, 21 March 1933

The Reich Chancellor

Adolf Hitler

For the Reich Minister of Justice

The Vice Chancellor

von Papen

DECREE OF 21 FEBRUARY 1940 CONCERNING JURISDICTION OF CRIMINAL COURTS, SPECIAL COURTS, AND ADDITIONAL PROVISIONS OF CRIMINAL PROCEDURE

1940 REICHSGESETZBLATT, PART I, PAGE 405

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PART II

SPECIAL COURTS

Section 1

Organization and Jurisdiction of the Special Courts

Article 10

Organization

(1) A Special Court will be established with one or several district courts within the district of each court of appeal.

(2) Location and district of the Special Courts are determined by the Reich Minister of Justice.

Article 11

Composition

1. Decisions of the Special Court are to be rendered by three professional judges.

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Article 13

Exclusive Jurisdiction

The Special Court has jurisdiction for:

1. Crimes and offenses committed under the law concerning insidious attacks against State and Party, and the protection of Party uniforms, of 20 December 1934.[123] (Reichsgesetzblatt I, p. 1269, and under articles 134a and 134b of the criminal (penal) code.)

2. Crimes under article 239a of the criminal (penal) code and under the law against highway robbery by means of highway traps, of 22 June 1938 (Reichsgesetzblatt I, p. 651).

3. Crimes under the decree concerning extraordinary measures with regard to radio, 1 September 1939[124] (Reichsgesetzblatt I, p. 1683).

4. Crimes and offenses under article 1 of the war economy decree, 4 September 1939[125] (Reichsgesetzblatt I, p. 1609).

5. Crimes under article 1 of the decree against public enemies, 5 September 1939[126] (Reichsgesetzblatt I, p. 1679).

6. Crimes under articles 1 and 2 of the decree against violent criminals, 5 December 1939, (Reichsgesetzblatt I, p. 2378).

Article 14

Establishment of jurisdiction of the court by the prosecution.

(1) The Special Court also has jurisdiction over other crimes and offenses, if the prosecution is of the opinion that immediate sentencing by the Special Court is indicated by the gravity or the wickedness of the act, by the public excitement aroused or in consideration of a serious threat to public order or security.

Article 15

Extension of Jurisdiction

(1) The Special Court is also competent if a crime or offense belonging to its jurisdiction at the same time constitutes another punishable act.

(2) If there is a factual connection between a crime or offense belonging to the jurisdiction of the Special Court and another punishable act, the latter can be brought before the Special Court by way of combination.

Article 16

Limitations of Jurisdiction

The Special Court is not competent for offenses indicated in articles 13 through 15, in as far as the competency of the People’s Court or of the court of appeal is established.

Section 2

Proceedings before Special Courts

Article 17

Application of General Rules of Procedure

(1) For the proceedings before the Special Courts, the code of criminal procedure, the judicature act, and their amendments apply, unless otherwise specified.

(2) The rules of the second chapter of the juvenile court law are not applicable.

Article 18

Local Competency of the Court

The Special Court shall also be competent for those defendants who are seized or kept in confinement in its district. The jurisdiction, once established, will not be affected by the release of the defendant.

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Article 23

Speeding up of the Proceedings

(1) In all proceedings before a Special Court the sentence must be passed immediately without observation of any time limits, if the delinquent was caught in the very act or if his guilt is otherwise obvious.

(2) In all other cases the term of summons (arts. 217 and 218 of the code of criminal procedure) shall be 24 hours.

*******

Article 25

Relationship between the Special Courts and the regular courts

(1) The Special Court must hand down a decision in a case, even if the trial shows that the act with which the defendant is charged is of such a nature that the Special Court is not competent to deal with it. If, however, the trial shows that the act comes under the jurisdiction of the People’s Court, the Special Court will refer the case to the latter court; article 270, paragraph 2, of the code of criminal procedure applies accordingly.

(2) If the trial of a case before the People’s Court or the court of appeal, after the filing of the indictment, shows that the Special Court has exclusive jurisdiction over the act with which the defendant is charged, the People’s Court or the court of appeal can either decide the case themselves or direct the trial to take place before the Special Court. In the latter case the act with which the defendant is charged has to be described, with emphasis on its legal characteristics and on the penal law.

Article 26

Incontestability

(1) There is no legal appeal against a decision of the Special Court.

(2) Applications for a reopening of the proceedings will be decided on by the penal chamber of the district court at the seat of the Special Court. The reopening of the case in favor of the defendant will take place also if circumstances should make it necessary to re-examine the case in ordinary proceedings. Article 363 of the code of criminal procedure shall remain unaffected. If the application for reopening is justified, the trial shall be directed to take place before the competent ordinary court.

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Part VI

Final Regulations

*******

Article 40

Validity in the Protectorate

This decree is also valid for the German courts in the Protectorate of Bohemia and Moravia.

*******

Berlin, 21 February 1940

The Plenipotentiary for the Administration of the Reich

Frick

LETTER FROM UNDER SECRETARY FREISLER TO PRESIDENTS AND PUBLIC PROSECUTORS AT COURTS OF APPEAL, 26 SEPTEMBER 1941, CONCERNING HANDLING OF CERTAIN WARTIME CRIMES BY SPECIAL COURTS TO SPEED UP PROCEEDINGS

The Reich Minister of Justice

3234-III a4 1187

To the Presidents and Public Prosecutors at the Courts of Appeal and for the information of—

a. The President of the Reich Supreme Court

b. The Chief Reich Prosecutor of the Reich Supreme Court concerning prosecution of wartime criminality—

Wartime crimes, particularly those involving the decree against public enemies, the war economy decree, the decree against violent criminals, and the decree against “Black Listening” [Listening to prohibited broadcasts][127], should, as a matter of principle, be indicted before Special Courts, in order to speed up proceedings as much as possible.

In the event that, because of the great number of proceedings, the necessary rapid handling of such cases should not prove possible, I wish to be informed promptly, in order that I may have new Special Courts established or new senates added to already existing Special Courts. The overload of work on a Special Court should never result in the handing over of cases to other courts.

A Special Court is, as a rule, to be considered overloaded if a monthly average of more than 40 new indictments has been filed with it.

Acting for the Minister

[Signed] Dr. Freisler

Certified:

[Signed] Benicke

Chief Clerk, Ministry of Justice Executive Office

LETTER FROM THIERACK, REICH MINISTER OF JUSTICE, TO PRESIDENTS OF COURTS OF APPEAL, 5 JULY 1943, DISCUSSING DEVELOPMENT AND EFFECTIVENESS OF SPECIAL COURTS AND PROPOSING LIMITATIONS ON THEIR JURISDICTION

The Reich Minister of Justice

3234-IVa 4 877/43

[Stamp] Court of Appeal Cologne 26 July 1943

To: The Presidents of Courts of Appeal and the Generalstaatsanwaelte

Subject: Relief of the Special Courts

The following has been discussed here:

Special Courts were established by the decree of 21 March 1933[128] as a keen weapon for the conviction of political criminals. Their jurisdiction was initially limited to crimes and delicts as defined by the decree of the Reich President concerning the protection of people and State[129] as well as in the Heimtueckegesetz.[130] By the decree on the extended jurisdiction of the Special Courts as of December 1934 and through a series of subsequent laws the functions of the Special Courts were steadily increased. The decree of 20 November 1938 then made it possible to bring before the Special Court such cases in which immediate action by this court seemed necessary in view of the gravity and the wickedness of the act or of the excitement aroused in public. After the outbreak of the war, by the decree of 21 February 1940 concerning court jurisdiction there was established exclusive jurisdiction of the Special Court for a series of offenses, in particular for crimes and transgressions covered by the war economy decree. Thus, the amount of work accruing to the Special Courts increased extraordinarily during the last years, especially during the war. Practically all somewhat important criminal cases are now under the jurisdiction of the Special Court.

This increase in work caused the establishment of a great number of new Special Courts, the enlargement of existing Special Courts and the formation of new Special Court sections.

I

This development is commented upon as follows:

1. Sentences by the Special Court in the first years after its establishment had a strongly intimidating effect. Prompt and severe punishment by the Special Court was dreaded. Moreover it was considered particularly shameful to have been sentenced by the Special Court. Since the focus of the entire system of criminal justice shifted in the meantime from the ordinary courts (local courts, criminal sections of district courts) to the Special Courts, a certain watering down of the original conception of the Special Courts could not be entirely avoided. Today the Special Courts basically are to be considered merely as special divisions of the criminal courts, their verdicts no longer having that full intimidating effect they had before. The only essential difference from ordinary criminal jurisdiction is left in the fact that there is no legal appeal remedy against verdicts of Special Courts. The standing of Special Courts suffered from their having to deal with comparatively small offenses such as small scale illegal slaughtering, unauthorized fishing by a Pole, and the like.

2. The concentration of jurisdiction in political and other most important criminal cases led at first to an essentially homogenous and coherent jurisdiction. The establishment of new chambers in the Special Courts and the increase of these courts tends to endanger this homogenousness. Since the verdicts of Special Courts were not regularly but rather casually published in the press, and since equalizing measures were taken only recently, the jurisdiction of the Special Courts, even of the individual chambers of one Special Court, developed partly in a very different manner. The first chamber of one Special Court, for instance, is reported to have punished the theft of some items from a collection of textiles as the deed of a people’s enemy with 4 years of penitentiary, while the second chamber of the same Special Court in a very similar case imposed a sentence of only 8 months.

3. The strong increase of the number of Special Courts had brought about that, due to the scarcity of apt candidates, the selection of judges officiating in these courts could no longer be carried through as carefully as it was done in the first years. While, in principle, only professionally and in particular politically highly qualified judges were supposed to work in Special Courts, the increase of positions made it necessary to draft judges frequently from criminal courts and civil sections who hardly were up to the required standards. Quite a number of judges in the Special Court are not even members of the Party.

4. Due to the development of the Special Courts, the ordinary criminal courts, especially the criminal court sections, have undergone an extreme decline in importance. While Special Courts are overburdened with work, some criminal court sections have hardly as much to do as they had in peacetime. Furthermore, the latter now having only to deal with trifling transgressions, they are gradually becoming less familiar with severe cases. It is reported that the prosecution now shows a tendency to bring many cases before the Special Courts which actually do not belong to their jurisdiction. On the one hand this is due to the prosecutors having greater confidence in the Special Courts, on the other to the fact that thus a delay of the execution of the sentence through appeal is made impossible.

5. The permanent overburdening of the Special Courts had led in some districts to a gradual vanishing of their particular advantage, their rapid sentencing. The Special Courts are said to proceed with such delay that at times the prison term imposed by the court is already absorbed by the custody preceding trial.

II

It may be stressed that said development of the Special Court jurisdiction is undesirable. In the interest of a rapid and severe punishment of the really outstanding crimes and transgressions it should be attempted to maintain the character of the Special Courts as “Courts Martial of the Home Front” [Standgerichte der Inneren Front].

1. In regard to organization, the following is pointed out:

a. At some Special Courts several chambers were established. Experiences with several chambers are varying, but in general not favorable. If the chambers are proceeding under different presidency and with different personnel, several chambers are actually equal to several Special Courts. Consequently it is possible that the uniformity of jurisdiction disappears even within one Special Court. Not in all places and instances the ability to preserve a uniform jurisdiction within the Special Court through an exchange of ideas and experiences and through an exchange of associate judges among the different chambers is to be found.

b. Even greater is the danger of a not uniform jurisdiction if new Special Courts with competence in a limited district are established. It is yet considerably harder to bring about an exchange of ideas and experiences and exchange of associate judges among different Special Courts than among several divisions of one and the same Special Court. Therefore, no advantage can be seen in the establishment of a whole series of new Special Courts as it has been noticed during the last years.

c. Reinforcement of the existing Special Courts by assigning a number of additional associate judges is considered to be the most suitable method. The uniformity of the direction of the Special Court is being secured by the presiding judge, while the most experienced associate judge should be made his deputy.

This strengthening of the Special Courts will in any case secure the uniformity of jurisdiction and will make possible a more extensive performance than in separated Special Courts. This strengthening of course is limited by the working capacity of the president and by his ability to exert influence. The president has to bear both in the preparation and in the conduct of the trial, the bulk of physical and intellectual work, a circumstance which sets a natural limit to this form of strengthening of the Special Courts.

2. Furthermore it is stressed that the Special Courts’ return to their proper task cannot be seen in organizational measures, but that a sensible relief of the Special Courts from inappropriate criminal cases must be accomplished.

a. A means thereto is already at hand now in article 24 of the decree concerning court competence. According to it, Special Courts are entitled to transfer trivial cases to the local or the criminal courts. Apparently practice is not uniform in this respect. While some Special Courts, in view of their excessive pressure of work, have already made an extended use of the opportunity to transfer cases to the regular courts, other Special Courts appear to have entirely renounced such a transfer, carrying through themselves even unimportant criminal cases. In general they base this on the bad experiences they made when they transferred cases to the regular jurisdiction.

In spite of that, transfers according to article 24 ought to be practised to a far greater extent. Through the sentences as suggested by the prosecutions, through judges’ letters and through directing of the criminal procedure, care has been taken that local and criminal courts are being integrated into the framework of Special Court jurisdiction. Thus, for instance, minor cases of illegal slaughtering, contact with prisoners of war, etc., could be transferred. If the penal courts were continuously entrusted with these matters, then they would also develop a uniform experience, which as yet is not possible. As a further means of relief, according to the present state of legislation, a directive to the public prosecutors is suggested with the purpose that all minor cases should be prosecuted before the penal court and not before the Special Court. Only political and really important cases arousing public excitement should be reserved for the Special Courts.

b. Hitherto the possibility of letting the president (one single judge) take decisions in the Special Court has not been sufficiently made use of. In simple typical cases it is not necessary to call in assessors and to mobilize the whole apparatus of the Special Courts.

Kindly let me have your opinion of these arguments before 1 August 1943. Will you kindly especially express your opinion as regards the advantages and the expediency of the three possibilities—criminal chamber system, central Special Court with several deputy presidents, and separate regional Special Courts, as well as about the question of the restriction of competence.

[Seal of Ministry of Justice]

Dr. Thierack

Certified:

[Illegible stamped signature]

Clerk

4. PEOPLE’S COURT[131]

EXTRACT FROM LAW OF 24 APRIL 1934 AMENDING REGULATIONS OF PENAL LAW AND CRIMINAL PROCEDURE

1934 REICHSGESETZBLATT, PART I, PAGE 341

*******

*******

CHAPTER III. PEOPLE’S COURT[132]

Article 1

(1) For the trial of cases of high treason and treason the People’s Court is established.

(2) Decisions of the People’s Court are made by five members during the trial, by three members outside the trial. This includes the president. The president and one further member must be qualified judges. Several senates may be established.

(3) The prosecution is represented by the Chief Prosecutor of the Reich.

Article 2

The members of the People’s Court and their deputies are appointed for the duration of 5 years by the Reich Chancellor at the recommendation of the Reich Minister of Justice.

Article 3

(1) The People’s Court is competent for the investigation and decision in the first and last instance in the cases of high treason according to articles 80 through 84, treason according to articles 89 through 92, assault against the Reich President according to article 94, paragraph 1 of the criminal (penal) code, and the crimes listed in article 5, paragraph 2, No. 1 of the decree of the Reich President for the protection of people and State of 28 February 1933[133] (Reichsgesetzblatt I, p. 83). In these cases the People’s Court also make the decision listed in article 73, paragraph 1 of the judicature act.

(2) The People’s Court is also competent in such cases where crimes or offenses subject to its competency constitute at the same time another crime or offense.

(3) If another punishable act is in factual connection with a crime or offense subject to the jurisdiction of the People’s Court, the proceedings against the perpetrators and participants of the other punishable act may be brought before the People’s Court by way of combination.

Article 4

(1) The Chief Reich Prosecutor can transfer the prosecution of the crimes of preparation of high treason listed in articles 82 and 83 of the penal code and of the treasonable offenses listed in articles 90 b through 90 e of the penal code to the prosecutor at the court of appeal. The Chief Reich Prosecutor can withdraw the transfer before the opening of the investigation.

(2) In the cases mentioned in paragraph 1 the People’s Court can transfer the trial and decision to the court of appeal, if the Chief Reich Prosecutor requests this when filing the indictment.

(3) Article 120 of the judicature act applies accordingly.

Article 5

(1) As far as not otherwise stipulated, the procedure is subject to the provisions of the judicature act and the code of criminal procedure concerning the procedure before the Reich Supreme Court in the first instance.

(2) Against the decisions of the People’s Court no legal appeal is permitted.

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Berlin, 24 April 1934

The Reich Chancellor

Adolf Hitler

The Reich Minister of Justice, at the same time for the Reich Minister of the Interior

Dr. Guertner

The Reich Defense Minister

von Blomberg

EXTRACTS FROM LAW OF 16 SEPTEMBER 1939 AMENDING REGULATIONS OF GENERAL CRIMINAL PROCEDURE, MILITARY CRIMINAL PROCEDURE AND THE PENAL CODE

1939 REICHSGESETZBLATT, PART I, PAGE 1841

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Article 5

The Special Senate of the People’s Court

(1) The special senate of the People’s Courts consists of the president and of four members.

(2) The special senate is presided over by the president of the People’s Court[134] and, if he cannot be present, by the vice president. One of the members must be a president of a senate or a professional associate judge at the People’s Court.

(3) The members and their deputies are appointed for the duration of two business years by the Fuehrer and Reich Chancellor upon recommendation of the Reich Minister of Justice.

*******

Fuehrer Headquarters, 16 September 1939

The Fuehrer and Reich Chancellor

Adolf Hitler

The Reich Minister of Justice

Dr. Guertner

The Chief of the High Command of the Armed Forces

Keitel

EXTRACTS FROM DECREE, 21 FEBRUARY 1940, CONCERNING THE JURISDICTION OF CRIMINAL COURTS, SPECIAL COURTS, AND ADDITIONAL PROVISIONS OF CRIMINAL PROCEDURE

1940 REICHSGESETZBLATT, PART I, PAGE 405

Upon the basis of legal authority and with the consent of the Plenipotentiary of the Four Year Plan [Goering] and the High Command of the Wehrmacht, the following is ordered:

Chapter I

Jurisdiction of the Criminal Courts

*******

Article 5

Jurisdiction of the People’s Court

(1) The People’s Court has jurisdiction for—

1. High treason (articles 80 through 84 of the Reich criminal code).

2. Treason (articles 89 through 92 of the Reich criminal code).

3. Attacks against the Fuehrer and Reich Chancellor (article 94, paragraph 1 of the Reich criminal (penal) code).

4. Severe cases of damaging military equipment and endangering the armed forces of friendly states (arts. 1–5 of the decree supplementing penal provisions for the protection of the defensive strength of the German people of 25 November 1939, Reichsgesetzblatt I, p. 2319).

5. Failure to report an intended crime (art. 139, par. 2 of the criminal (penal) code), insofar as this crime was intended to be high treason or treason under the jurisdiction of the People’s Court, or a severe case of damaging military equipment.

6. Crimes under article 5, paragraph 1 of the decree concerning protection of people and state, of 28 February 1933 (1933 Reichsgesetzblatt I, p. 83).

7. Crimes under article 1, paragraph 1 of the law against economic sabotage, of 1 December 1936[135] (1936 Reichsgesetzblatt, Part I, page 999).

(2) In cases of acts punishable under articles 82, 83, 90b through 90e, 92 of the criminal (penal) code, the Chief Reich Prosecutor at the People’s Court can transfer the prosecution to the attorney general at the court of appeal.

(3) In the cases described in paragraph 2, the People’s Court, in agreement with the Chief Reich Prosecutor, can transfer the trial and decision to the court of appeal, as long as the trial has not been directed to take place before the People’s Court.

(4) The Chief Reich Prosecutor can withdraw the transfer and his consent to a transfer as long as the trial has not begun before the court of appeal.

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Final Regulations

Section 40

Validity in the Protectorate

This decree is also valid for the German courts in the Protectorate of Bohemia and Moravia.

Berlin, 21 February 1940

The Plenipotentiary for the Administration of the Reich

Frick

LETTER FROM THE OFFICE OF THE SUPREME CHIEF OF THE SA, SIGNED BY DEFENDANT KLEMM, 4 DECEMBER 1936, PROPOSING FIVE SA LEADERS AS ASSOCIATE JUDGES OF THE PEOPLE’S COURT

Kl/Hz

Supreme Chief of the SA

Adjutant’s office of the Chief of Staff

SA Liaison officer in the Reich Ministry of Justice.

Correspondence Record: None

Subject: Members of the SA as members of the People’s Court

Enclosures: [Handwritten] Proposal for supplementary appointments of the below-mentioned five nominees. W. 4 December.

To: The Reich Ministry of Justice, Section I, Special attention: Ministerial Counsellor Wanger, Berlin W, Wilhelmstrasse 65.

I understand that more honorary associate judges [ehrenamtliche Beisitzer] of the People’s Court are to be appointed. On behalf of the Chief of Staff [of SA] the following SA leaders are proposed:

I should be grateful if the above-named would be included among the nominees proposed to the Fuehrer and Reich Chancellor.

Chief of the adjutant’s office

By order:

[Signed] Klemm

Obersturmbannfuehrer

LETTER FROM FREISLER, PRESIDENT OF THE PEOPLE’S COURT, TO THE REICH MINISTER OF JUSTICE, 17 JANUARY 1944, TRANSMITTING SUMMARY OF ACTIVITY OF THE PEOPLE’S COURT FROM 1 JANUARY TO 31 DECEMBER 1943

The President of the People’s Court

1440 E-1. 123g

[Stamp] 01/3

18 January 1944

[Stamp] Secret

To: the Reich Minister of Justice

Berlin W 8

2 Enclosures

[Stamp] Reich Ministry of Justice

18 January 1943

Dept. IV

[Initial] Th [Thierack]

My dear Reich Minister!

Attached please find two enclosures giving you a summary on the activity of the People’s Court from 1 January to 31 December 1943. The activity of the special senate is not contained therein as the documents were lost in the terror attack of 24 November 1943.

Heil Hitler!

Obediently yours

[Signed] Freisler

[Handwritten] taken out 1 copy [signed] Klemm

1440E-1. 116

SUMMARY ON THE ACTIVITY OF THE PEOPLE’S COURT FROM 1 JANUARY UNTIL 31 DECEMBER 1943

1st
senate		2d
senate		3d
senate		4th
senate		5th
senate		6th
senate		Total
 1. Number of sentences5051771141861401901,312
 2. Number of decrees232548512297127717
 3. Number of persons sentenced 1,3326101412593846123,338
  thereof those under 18 years of age.65112
 4. Number of days of session5501641151311621481,270
  thereof those outside of Berlin.183832711671480
 5. Death sentences76936849722002041,662
 6. Life terms8242824
 7. 15–10 years of hard labor80296254878266
 8. 10–5 years of hard labor23492153747161586
 9. Less than 5 years of hard labor.975712195164300
10. Penal camp:
a. 15–10 years13610
b. 10–5 years5254521
c. less than 5 years1152211
11. Imprisonment874325422042259
12. Fined:
a. by judgment
b. additional66
13. Acquittals501612471442181
14. Procedure suspended: (persons)
a. by judgment188118
b. by decree2041128660
15. Settled in other ways (persons)38192229035103723

[Handwritten] IV a 35. 44g

MEMORANDUM FROM FREISLER, PRESIDENT OF THE PEOPLE’S COURT, 1 APRIL 1944, CONCERNING ASSIGNMENT OF VARIOUS TYPES OF CASES TO THE SEVERAL SENATES OF THE PEOPLE’S COURT

[Handwritten] To the Minister

3204-1. 65

The examination of the charges filed during the first quarter of 1944 shows the necessity of a change in the procedure. For the charges coming in after 1 April 1944, I distribute our work as follows:

A

The first senate will take up—

I. a. Attacks against the Fuehrer,

b. Attacks against leading men of the State, the movement [Nazi Party] or the armed forces,

c. Attacks against Germans in foreign countries, on grounds of their German nationality to thereby hit the Reich, or against representatives of the Reich, insofar as these attacks go beyond verbal attacks; in this category also belong all crimes against section 5 of the decree of 28 February 1933.[136]

II. a. Punishable acts of Germans of the intelligentsia or of the economic leadership,

b. Acts hostile to the State based on religious convictions from the Gauen: Baden, Bayreuth, Berlin, Danzig-West Prussia, Duesseldorf, Essen, Franconia, Carinthia, Cologne, Aix-la-Chapelle, Main-Franconia, Moselland, Munich-Upper Bavaria, Lower Danube, Upper Danube, Upper Silesia, Salzburg, Swabia, Styria, Sudetenland, Tyrol-Vorarlberg, Wartheland, Westmark, Vienna, Wuerttemberg-Hohenzollern, and from the Government General, excepting both treason [Landesverrat] and Marxist high treason.

III. Punishable acts of Germans from Alsace, from Luxembourg, Lower Styria, or Upper Carinola and punishable offenses in these areas; punishable acts of Germans in Bohemia and Moravia.

IV. Marxist high treason from Berlin and the areas incorporated since the beginning of the war.

[stamp] The Minister is informed 20 April

V. Non-Marxist high treason, with the exception however of separatist (often called legitimist) high treason, insofar as it concerns the Alps and Danube and Gauen or Bavaria.

VI. Defeatism, cases of undermining of morale and intentional evasion of military service (Art. 5, KSSVO) from the Gauen Berlin, Brandenburg, Silesia, Pomerania, East Prussia, Mecklenburg, Sudetenland, Upper Silesia, and the Reich Gauen Danzig-West Prussia, and the Wartheland.

VII. Punishable offenses of foreigners [Fremdvoelkischer]—except high treason—from Bohemia, if these offenses were committed after the establishment of the protectorate.

VIII. Impeachment of non-German civilians for punishable offenses against the Reich or the occupying power in the occupied northern areas according to the special instructions for the area.

IX. Chiefly punishable acts committed abroad—with exception of high treason.

B

The second senate will take up—

I. All other cases of Marxist high treason within the borders of the Altreich [pre-1938 Reich].

II. Impeachment of non-German civilians for punishable offenses against the Reich or the occupying power in France and Belgium in accordance with the special directions pertaining thereto.

III. Acts hostile to the State based on religious convictions from the Gauen Halle-Merseburg, Hamburg, Hessen-Nassau, Kurhessen, Magdeburg-Anhalt, Mark Brandenburg, Mecklenburg, Lower Silesia, East-Hannover, East Prussia, Pomerania, Saxony, Schleswig-Holstein, South Hannover-Brunswick, Thuringia, Weser-Ems, Westphalia-North, Westphalia-South—with exception of high treason.

IV. Endangering of the armed forces of befriended states (sec. 5 of the decree of 25 November 1939).

C

The third senate will take up—

I. High treason in favor of the Soviet Union and Poland.

II. Defeatism, undermining of morale, and intentional evasion of military service (Art. 5, KSSVO) from the entire Reich, as far as these affairs are not dealt with by the first senate (A II and A VI) or the second senate (B III), excepting however the Gauen Essen, Duesseldorf, Cologne-Aix-la-Chapelle, Moselland, Westphalia-North, Westphalia-South, and Saxony.

D

The fourth senate takes up—

I. High treason in favor of all countries of the world except the Soviet Union and Poland.

II. Damaging of means of defense.

III. Punishable offenses of Germans from Lorraine and punishable offenses in Lorraine.

IV. Punishable offenses of foreigners from Moravia, in case they were committed after the establishment of the protectorate, however not high treason in favor of the Soviet Union or Poland.

E

The fifth senate takes up—

I. Punishable crimes except high treason and defeatism, undermining of morale as well as evasion of military service, in the Reich Gauen Vienna, Upper and Lower Danube.

II. Separatist high treason involving the Reich Gauen Vienna, Upper and Lower Danube, Styria, Carinthia, Salzburg, and Tyrol-Vorarlberg.

F

The sixth senate takes up—

I. Punishable offenses except treason and defeatism, undermining of morale and evasion of military service in the Reich Gauen Styria and Carinthia, Salzburg, and Tyrol-Vorarlberg.

II. Separatist high treason involving Bavaria.

III. Accusations according to the law against sabotage of the economy of 1 December 1936.

IV. Accusations according to the decree of the Fuehrer for the protection of the armament economy from 21 March 1942.

V. Defeatism, undermining of morale, intentional evasion of military service (Art. 5, KSSVO) from the Gauen Essen, Duesseldorf, Cologne-Aix-la-Chapelle, Moselland, Westphalia-North, Westphalia-South, and Saxony, insofar as these cases are not taken care of by the first (A II and A VI) or the second senate (B III).

G

Impeachment for failing to report a crime to be dealt with by the senate, competent for the crime involved.

H

If a defendant is accused of high treason or treason against his country, the assignment is to be determined by the accusation of treason, if this is not irrelevant.

Favoring the enemy by treasonous activities, defeatism, undermining of morale, or evasion of military service does not bear any influence on the assignment.

Interrelated cases may be handled by one single senate in agreement with the other senates involved. Cases of nonagreement are to be submitted to me.

J

For charges, entered before 1 April 1944 the former plan of distribution of work applies, however, I wish to be notified by 1 June whether and which of these accusations are not yet settled.

Berlin, 1 April 1944

Dr. Freisler

LETTER FROM THE REICH MINISTER OF JUSTICE TO THE PRESIDENT OF THE PEOPLE’S COURT, 18 OCTOBER 1944, COMMENTING UPON ITS FUNCTIONS AND THE SELECTION OF PRESIDING JUDGES “IN PARTICULARLY IMPORTANT POLITICAL CASES”

[Handwritten] MIi Berlin, 18 October 1944 [Handwritten]T 276

Copy

The Reich Minister of Justice

To: The President of the People’s Court, Dr. Freisler

Berlin W 9

Bellevuestrasse 15

[Handwritten] 18 October Bz

Dear Mr. President:

The importance of the People’s Court for the maintenance of the home front has greatly increased and is bound to increase still further after carrying into effect of the Fuehrer’s decree of 20 September 1944. The functions of the People’s Court must, therefore, not be confined to meting out adequate punishment to the accused, they must moreover fulfill the specific task of political leadership.

This is inherent in the fact that the population not only recognizes the sentences of the People’s Court as right, but that, moreover, it also learns why any particular sentence has become expedient.

The President of the senate is often hampered in conducting the proceedings, because in some particularly important political cases—including cases occurring frequently—the political evaluation of the offense is not always sufficiently shown up with a view to the prevailing situation of the people and of the Reich. If it is sufficient in nonpolitical criminal cases to show up the perpetrator, the deed and the effects of both on the national community and thus to find a just sentence, this is not sufficient for cases tried in the People’s Court. With due stress for the political aspect of the case it is necessary to discuss the conditions of the Reich and of the people. When conducting proceedings the president must be able to justify why this particular offense is especially dangerous for the population and the Reich and why it is especially grave. Everybody who is taking part in the proceedings must have the inner conviction when leaving the courtroom not only that the punishment was just but also why it was just. This also and quite particularly applies to the so-called cases of defeatism which from now on will be tried in an increased measure. Likewise, utterances must not be allowed to spring up which, for instance, say that proceedings before a certain senate mean certain death, or that the term “general public” is stretched too far in its legal definition. Whenever such utterances occur they can only be parried by a manner of conducting the proceedings which is superior, calm and—if need be—stone cold. In that case the people must always understand why in these crucial months of the war the instigator deserves death—but not so the gossip monger unless it happened not to be merely silly gossip but a gossip which became dangerous because it was unscrupulous.

The above applies in corresponding measure to all other cases tried before the People’s Court.

I, therefore, would like to ask you, Mr. President, to make a special endeavor especially that only such judges will preside in particularly important political cases, who master the material involved also along political lines and who warrant that they are able not only to pass just sentences but also by their manner of conducting the proceedings to convince those present of the correctness of the sentence. If any difficulties as to personnel should occur here, please let me have your oral report.

Heil Hitler!

Yours

Dr. Thierack

5. HEREDITARY HEALTH COURTS[137]

LAW OF 14 JULY 1933 FOR THE PREVENTION OF PROGENY WITH HEREDITARY DISEASES (GESETZ ZUR VERHUETUNG ERBKRANKEN NACHWUCHSES)

1933 REICHSGESETZBLATT, PART I, PAGE 529

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

1. Whoever is afflicted with a hereditary disease can be sterilized by operation, if according to experience of medical science a hereditary impairment of his progeny, either physical or mental, is to be expected in all likelihood.

2. Whoever suffers from one of the following diseases is afflicted with a hereditary disease according to this law—

3. Any person suffering from chronic alcoholism can also be sterilized.

Article 2

1. The right to file such an application rests with the person to be sterilized. If he is incompetent or has been put under tutelage because of feeble mindedness or being under 18 years of age, this right rests with the legal representative and is subject to approval by the court of guardianship. In all other cases of limited competence, the consent of the legal representative is needed for the application. In case an adult person has been under guardianship, the guardian’s consent is mandatory.

2. A certificate of a physician, approved in Germany, has to be attached to this application, stating that the person to be sterilized has been familiarized with the meaning and the consequences of a sterilization.

3. The application can be rescinded.

Article 3

Sterilization can also be proposed by—

1. A public health officer.

2. The superintendent of a hospital, sanatorium, asylum, or of a penitentiary for its inmates.

Article 4

The application is to be made in writing and is to be submitted to the attention of a hereditary health court. The facts, upon which this application is based must be corroborated by a medical expert opinion or in some other way. The office [of the hereditary health court] must inform the public health office of this application.

Article 5

The hereditary health court of the district where the person to be sterilized resides has jurisdiction over the decision.

Article 6

1. The hereditary health court is to be affiliated with a local court. It is composed of a local court judge as president, a public health officer and another physician approved in the German Reich, with expert knowledge of matters pertaining to eugenics. A deputy is to be appointed for each member.

*******

Article 10

1. The higher hereditary health court is to be affiliated to a district court of appeal covering the same district. It consists of a member of the district court of appeal, a public health officer and another physician, approved in Germany, with expert knowledge of matters pertaining to eugenics. A deputy is to be appointed for each member. Article 6, paragraph 2 applies accordingly.

*******

3. The decisions of the higher hereditary health courts are final.

Article 11

1. The operation necessary for the sterilization is to be performed only in a hospital and by a physician approved in Germany. He can perform this operation only after the decree for sterilization has become valid. The supreme provincial authority will appoint the hospitals and physicians authorized to perform the sterilization. The operation is not to be performed by the physician who made the application or who was a member of the board during the proceedings.

Article 12

1. Once approved by the court, this sterilization has to be performed even against the will of the person to be sterilized, unless he made the application himself. The public health officer has to arrange the necessary measures with the police. Direct force may be used if other measures do not suffice.

2. If circumstances demand a re-examination of the facts, the hereditary health court has to reopen the case and to suspend the sterilization order temporarily. In case of a rejection of the application a reopening of the case is permissible only if new facts have appeared which justify the sterilization.

*******

Berlin, 14 July 1933

The Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

The Reich Minister of Justice

Dr. Guertner

EXTRACTS FROM DECREE OF 5 DECEMBER 1933 FOR THE EXECUTION OF THE LAW FOR THE PREVENTION OF PROGENY WITH HEREDITARY DISEASES

1933 REICHSGESETZBLATT, PART I, PAGE 1021

*******

Section 1

(Concerning article 1, paragraphs 1 and 2 of the basic law)[138]

A condition for sterilization is that the disease, although only temporarily manifested from a latent tendency, has been established beyond any doubt by a doctor approved by the German Reich.

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Section 3

(Concerning Articles 3 and 4)

*******

If an approved doctor in the course of his official activity learns of a person suffering from a hereditary disease (art. 1, pars. 1 and 2) or from chronic alcoholism, he must report this without delay to the competent district public health officer using the form printed as supplement 3 (p. 1024). Other persons who are concerned with the treatment, examination, or advising of sick persons, have the same obligation. In the case of inmates of institutions, it is the head of the institution who has the duty to report the case.

*******

Berlin, 5 December 1933

The Reich Minister of the Interior

Frick

The Reich Minister of Justice

Dr. Guertner

THIRD DECREE FOR THE IMPLEMENTATION OF THE LAW FOR THE PREVENTION OF PROGENY WITH HEREDITARY DISEASES, 25 FEBRUARY 1935

1935 REICHSGESETZBLATT, PART I, PAGE 289

*******

Article 4

Authorized persons and counsel can be barred from appearance before the hereditary health courts and higher hereditary health courts for important reasons; this decision is uncontestable.

*******

Article 12

1. The Reich Minister of Justice determines the location and the district of the court which is to render the decision, and the number of court chambers to be established. He may transfer the exercise of this authority to the presidents of the district courts of appeal.

2. The hereditary health courts are to be regarded as parts of the local courts, and higher hereditary health courts are to be regarded as parts of the district courts of appeal, with respect to administration and official supervision.

3. The president of the district court of appeal determines the number of medical members and deputies of the hereditary health courts, as needed.

*******

Berlin, 25 February 1935

The Reich Minister of the Interior

The deputy: Pfundtner

The Reich Minister of Justice

The deputy: Dr. Schlegelberger

The Reich Minister of Labor

The deputy: Dr. Krohn

CIRCULAR OF THE REICH MINISTRY OF JUSTICE TO ALL PRESIDENTS OF THE COURTS OF APPEAL, 11 MAY 1936, ANNOUNCING COURSES FOR JUDGES DEALING WITH HEREDITARY DISEASE CASES

The Reich Minister of Justice

No. 6234-IV. b 472

To: All Presidents of the Courts of Appeal

Subject: Courses for judges dealing with hereditary disease cases

It is intended that during the second half of the month of June courses will be held in Berlin and Munich to train presiding judges of the courts and courts of appeal dealing with cases of hereditary diseases in matters of the marriage health law. The course in Berlin will probably take place between 15 and 17 June and the course in Munich between 22 and 24 June. In order to save expenses, only the presiding judges of the courts and courts of appeal dealing with cases of hereditary disease will be admitted to these courses, but not their deputies. The course in Berlin is intended for the judges of the district courts of appeal of Berlin, Brunswick, Breslau, Celle, Dresden, Duesseldorf, Hamburg, Hamm, Jena, Kassel, Kiel, Koenigsberg Pr., Marienwerder, Naumburga. S., Oldenburg, Rostock, and Stettin. The course in Munich is intended for the judges of the courts of appeal in Bamberg, Darmstadt, Frankfurt/Main, Karlsruhe, Munich, Nuernberg, Stuttgart, and Zweibruecken. The nonresident participants will have their traveling expenses refunded in accordance with paragraph II of the traveling expenses law. The expenses will be paid by the director of the office to which the official belongs. The amounts paid are to be recorded under chapter 4, title 25 of the budget. Please inform me of the names of the participating judges by 31 May 1936.

An opportunity for a discussion will probably be given on the last day of each course. During the course of these discussions questions may be raised concerning the marriage health law and the law on prevention of progeny with hereditary disease. In consequence of the large number of participants it is however necessary that each judge who wishes to discuss a question will submit it in triplicate directly to us (Berlin W. 9, Vosstrasse 5, Office b) not later than 31 May 1936. If several questions are submitted a separate sheet is to be used for each question. In the case of medical questions a summarized statement of the case is to be attached, if possible; in other cases it is also advisable to state briefly which particular case led to the question. The name, official position, and the court of the judges should be marked at the top of the page on the left hand side.

Enclosed are copies for the presidents of the district courts and for the presiding judges of the main hereditary health courts.

Deputy

Certified [Signed] Dr. Volkmar

[Signature illegible]

Clerk

[Stamp: Reich Ministry of Justice]

ANNOUNCEMENT BY THE REICH MINISTER OF JUSTICE, 17 DECEMBER 1943, CONCERNING THE APPOINTMENT OF A REFERENT WITH THE DUTY OF TRAINING JUDGES AND OTHERS IN A RACIAL, HEREDITARY, AND CRIMINOLOGICAL-BIOLOGICAL LINE OF THOUGHT

[initials] Kle [Klemm]

Internal Regulation

Reference: The consideration of racial, hereditary, and criminological-biological [kriminalbiologische] viewpoints in educational questions

With regard to the necessity of putting more emphasis on the racial, hereditary, and criminological-biological viewpoints in connection with educational questions within the meaning of my internal regulation of 12 June 1943—1200 E—Ip 2 340—Oberlandesgerichtsrat Meinhof, without prejudice to his sphere of office in department VI, is also assigned to department II as Referent.

The range of his duties comprises—

The training of judges, public prosecutors, jurists, and other officials, as well as of the entire new generation in a racial, hereditary, and criminological-biological line of thought.

Berlin, 17 December 1943

Dr. Thierack

1200 E—Ip 2 383

[Handwritten] Adjutant Klemm

DECREE SIGNED BY DR. CONTI[139] AND DEFENDANT KLEMM, 14 NOVEMBER 1944, TEMPORARILY SUSPENDING ACTIVITIES OF HIGHER HEREDITARY HEALTH COURTS, AND AUTOMATICALLY LEGALIZING PENDING CONTESTED DECISIONS

1944 REICHSGESETZBLATT, PART I, PAGE 330

Seventh decree concerning the execution of the law for the prevention of progeny with hereditary diseases

On the basis of Article 17 of the law for the prevention of progeny with hereditary diseases of 14 July 1938 (Reich Law Gazette I p. 529) in combination with the decree of the Fuehrer concerning the total war effort of 25 July 1944 (Reich Law Gazette I p. 161) it is decreed in agreement with the Reich Minister and chief of the Reich Chancellery, the chief of the Party Chancellery and the Plenipotentiary General for the administration of the Reich:

Article 1

(1) The higher hereditary health courts discontinue their activity temporarily—for the duration of the suspension the definite decision is with the hereditary health courts.

(2) A trial pending in the higher hereditary health courts ends with the coming into effect of this decree. With the termination the contested decision becomes legal. The hereditary health court investigates officially, whether a resumption of the proceedings according to article 12, paragraph 2, of the law for prohibiting carriers of inherited diseases to reproduce is ruled in consideration of the terminated proceedings.

(3) Paragraphs 1 and 2 are not valid for cases in which the higher hereditary health court has already passed a resolution at the time when this decree came into effect and has merely not yet delivered it.

Article 2

This decree goes into effect on 1 December 1944.

Berlin, 14 November 1944.

The Reich Minister of the Interior

As deputy: Dr. L. Conti

The Reich Minister for Justice

As deputy: Klemm

6. CIVILIAN COURTS MARTIAL

DECREE OF 15 FEBRUARY 1945 ON CIVILIAN COURTS MARTIAL PROCEDURE

1945 REICHSGESETZBLATT, PART I, PAGE 30

The seriousness of the fight for existence of the Reich demands of every German determination to fight to the last, and devotion to the utmost. Whoever tries to withdraw from his duties towards the common cause, especially if it is done through cowardice or for personal profit, must at once be called to account with the necessary severity, so that the State will not suffer damage through the failing of one single person. Therefore, the following has been decreed upon the order of the Fuehrer in agreement with the Reich Minister and chief of the Reich Chancellery, the Reich Minister of the Interior and the chief of the Party Chancellery:

I

Courts martial are to be established in Reich defense districts which are menaced by the approach of the enemy.

II

1. The court martial consists of a judge of a criminal court as president and a member of the Leadership Corps [of the Nazi Party], or a leader of a unit affiliated with the National Socialist Party, and of an officer of the armed forces, the Waffen SS [armed SS] or the police, as associate judges.

2. The Reich defense commissioner appoints the members of the tribunal and designates a state attorney as public prosecutor.

III

1. The courts martial have jurisdiction for all kinds of crimes endangering the German fighting power or undermining the people’s fighting strength and will to fight.

2. For these proceedings, the regulations of the code of criminal procedure will be applied.

IV

1. The sentence of the court martial will be either death, acquittal, or commitment to the regular court. The consent of the Reich defense commissioner is required. He gives orders for the time, place, and kind of execution.

2. If the Reich defense commissioner is not available, but the immediate execution is indispensable, the public prosecutor is authorized to act in his place.

V

The necessary regulations for amendment, changes and execution of this decree are issued by the Reich Minister of Justice in agreement with the Reich Minister of the Interior and the chief of the Party Chancellery.

VI

This decree goes into effect immediately upon its promulgation over the radio.

Berlin, 16 February 1945

The Reich Minister of Justice

Thierack