Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
which is presented at these proceedings by the defendant himself, by
witnesses, experts, and documents can be considered by the court in
passing judgment, but not the interrogation transcript of the police
or the public prosecutor. The presiding judge guides the proceedings.
He examines the defendant who can make statements pertaining to the
case in question, but who may not take the stand as a witness as is the
case in American proceedings and who can also not be sworn in. Should
the public prosecutor or the counsel for the defense desire to ask
questions of the defendant, they may do so only through the presiding
judge. The examination of the defendant is followed by the hearing
of the witnesses and of the experts. This is also carried on by the
judge. The public prosecutor and the defense counsel have the right
to put pertinent questions to the witnesses and to the experts, which
the judge must permit in accordance with the regulations within the
framework of the code of criminal procedure.
The role played by the counsel for the defense must be described in
detail. In comparison with his role in the Anglo-American procedure,
he is not so important here. Whereas in Anglo-American procedures
the prosecution as well as the defense, so to speak as two parties,
submit their case for the decision of the court, in German procedures
the investigation of the facts of the case in the trial, the rules
concerning the extent of evidence to be collected, the serving of
summons to witnesses for the prosecution and defense, without the
prosecution or the defense filing any requests, are in the hands of the
court. According to that, the public prosecutor and the counsel for the
defense in reality only support the court in investigating the facts
of the case, which is the duty of the court itself. Because of this
role played by the counsel for the defense, it follows that in German
criminal proceedings the defendant is represented by a counsel only in
a comparatively small percentage of cases, and in all the other cases
the defendant just does not employ a counsel for his defense.
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