25 January 1939
Conference with the Presidents of the Courts of Appeal on 24 January 1939
Protective custody after serving term of imprisonment, after acquittal, after release from arrest pending trial.
Hamm (Schneider)—Conditions have improved during the year 1938. The most important cases are the ones after arrest pending trial. The taking into protective custody is performed more carefully today because of the reputation of justice. The complaint has been made that the length of protective custody is assuming the character of punishment. In one case (public notary) protective custody after release from arrest pending trial was justified. Some lawyers refrain from submitting a complaint of arrest because protective custody is pending. There are judges who in case of doubt issue a warrant of arrest in order to avoid protective custody. In one case of criminal proceedings homosexuals were released from arrest pending trial and later on legally acquitted; during the trial, however, they were brought to court from protective custody every day. Monks from Dorsten were taken into protective custody after their acquittal.
Darmstadt (Scriba)—In one case defendant taken into protective custody while still being in court after acquittal. In some cases protective custody was inflicted after repealing arrest pending trial, release, however, was obtained after objecting by the administration of justice. General picture: Decline of measures of protective custody in face of contradictory legal decisions.
Berlin (Hoelscher)—In 1938 only 3 cases of protective custody. A decline of arrests has been observed.
Duesseldorf (Schwister)—Frequent requests for calling back if warrant of arrest has been refused. It has even been noticed that corresponding agreements were made between the investigating or examining judges and the State Police (Duesseldorf). In one case protective custody was justified and in another case one additional year of protective custody. Those cases are very rare now; good understanding exists between the court and the State police. Therefore the impression that justice is being criticized does not exist.
Naumburg (Sattelmacher)—A mitigation has been noticed, however, there are frequent requests for calling back if warrant had been refused.
Hamburg (Rothenberger)—Cases of protective custody have been increased, because the warrants of protective custody are decided on in Berlin. In 6 cases, Jewish women have been taken into protective custody because of sexual intercourse with Aryans. In the case of Laeiss vs. half-Jewess, she has already been under protective custody for 1½ years. State police file notes from police records state:
(1) Protective custody, “to make the punishment finally effective.”