“Section 11. A preliminary court investigation will not take place. * * *”[636]
By a decree of the Reich Minister of Justice, Dr. Thierack, on 13 December 1944, it was provided:
“Article 2, paragraph 12. Limited admittance of defense counsel.
“(1) In any 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 material or legal problems require assistance by a defense counsel, or if the defendant, in due consideration of his personality, is unable to defend himself personally. * * *”[637]
On 16 February 1934 it was provided that:
“Article 2. The president of the Reich has the prerogatives for nulle prosequi and clemency (formerly held by the States).
“Amnesties can be promulgated only by Reich law.”[638]
This centralization of the clemency powers marks a radical departure from the system which prevailed prior to 1933 and was the means by which the will of Hitler became a dominating force in the Ministry of Justice and in the courts. Other provisions are 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.[639]