I now come to the last document which the Prosecution of the United States has already submitted under Exhibit Number USA-607 (Document Number 2233(x)-PS), an excerpt from the diary: “Concluding reflections on the events of the last three months.”
In these reflections Dr. Frank once more definitely states his attitude towards the concept of the legal state, and I ask the Tribunal to take cognizance particularly of his basic assumptions on Pages 74 and 75 of the document book. Here, Dr. Frank again formulated the prerequisites which he considered necessary for the existence of any legal state. I quote only a few lines from Page 74:
“1) No fellow German can be convicted without regular court procedure, and only on the basis of a law in effect before the act was committed.
“2) The proceedings must carry full guarantee that the accused will be interrogated on all matters pertaining to the indictment, and that he will be able to speak freely.
“3) The accused must have the opportunity, at all stages of the trial, to avail himself of the services of defense counsel acquainted with the law.
“4) The defense counsel must have complete freedom of action and independence in carrying out his office in order to strike an even balance between the State prosecutor and the defendant.
“5) The judge or the court must make his or its decision quite independently—that is, the verdict must not be influenced by any irrelevant factors—in logical consideration of the subject matter and in just application of the purport of the law.
“6) When the penalty imposed by the sentence has been paid, the act has been expiated.
“7) Measures for protective custody and security custody may not be undertaken or carried out by police organs, nor may measures for the punishment of concentration camp inmates, except from this aspect, that is, after confirmation of the intended measures by regular, independent judges.
“8) In the same manner, the administration of justice for fellow Germans must guarantee full safeguarding of individual interests in all relations pertaining to civil suits proper.”