Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
2. Any person without regard to nationality or the capacity in which he
acted, is deemed to have committed a crime as defined in paragraph 1 of
this Article, if he was (_a_) a principal or (_b_) was an accessory to
the commission of any such crime or ordered or abetted the same or (_c_)
took a consenting part therein or (_d_) was connected with plans or
enterprises involving its commission or (_e_) was a member of any
organization or group connected with the commission of any such crime or
(_f_) with reference to paragraph 1 (_a_), if he held a high political,
civil or military (including General Staff) position in Germany or in
one of its Allies, co-belligerents or satellites or held high position
in the financial, industrial or economic life of any such country.
3. Any person found guilty of any of the Crimes above mentioned may upon
conviction be punished as shall be determined by the tribunal to be
just. Such punishment may consist of one or more of the following:
(_a_) Death.
(_b_) Imprisonment for life or a term of years, with or without hard
labour.
(_c_) Fine, and imprisonment with or without hard labour, in lieu,
thereof.
(_d_) Forfeiture of property.
(_e_) Restitution of property wrongfully acquired.
(_f_) Deprivation of some or all civil rights.
Any property declared to be forfeited or the restitution of which is
ordered by the Tribunal shall be delivered to the Control Council for
Germany, which shall decide on its disposal.
4. (_a_) The official position of any person, whether as Head of State
or as a responsible official in a Government Department, does not free
him from responsibility for a crime or entitle him to mitigation of
punishment.
(_b_) The fact that any person acted pursuant to the order of his
Government or of a superior does not free him from responsibility for a
crime, but may be considered in mitigation.
5. In any trial or prosecution for a crime herein referred to, the
accused shall not be entitled to the benefits of any statute of
limitation in respect of the period from 30 January 1933 to 1 July 1945,
nor shall any immunity, pardon or amnesty granted under the Nazi regime
be admitted as a bar to trial or punishment.
Article III
1. Each occupying authority, within its Zone of occupation,
(_a_) shall have the right to cause persons within such Zone suspected
of having committed a crime, including those charged with crime by one
of the United Nations, to be arrested and shall take under control the
property, real and personal, owned or controlled by the said persons,
pending decisions as to its eventual disposition.
(_b_) shall report to the Legal Directorate the names of all suspected
criminals, the reasons for and the places of their detention, if they
are detained, and the names and location of witnesses.
(_c_) shall take appropriate measures to see that witnesses and evidence
will be available when required.
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