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
The question regarding the contesting of a verdict rendered by a court
of first instance demands thorough clarification. In this connection,
we will demonstrate the meaning and the purpose of the nullity plea
and of the extraordinary objection. We will prove that it was not
National Socialistic thinking in terms of violence [Gewaltdenken]
which gave rise and impulse to their introduction, but rather
considerations regarding the technique of procedure. By extending the
competency of such courts, which had to decide only in one instance,
the necessity arose for a higher instance to be able to take care
of reviewing decisions. To be sure, considerably eased regulations
regarding the review of verdict rendered by special courts had already
been introduced when these courts were first established. However,
these regulations proved by providing a resumption of proceedings
[Wiederaufnahme des Verfahrens] insufficient in practice, particularly
after it became evident that economic offenses called for uniform
laws throughout Germany. Considerable divergence insofar as the
legal interpretation of the new laws was concerned and with regard
to the meting out of punishment became apparent in the procedure of
the different courts, through a constant surveillance, which became
especially necessary in view of the changing economic conditions. To
obtain uniformity in this respect, new opportunities for additional
legal redresses were created. We shall demonstrate that the nullity
plea is a method of procedure which has been taken over from the
former Austrian law. The diversity in legal conceptions concerning the
principle of _ne bis in idem_ [double jeopardy] with regard to
legal remedies will be treated in this respect.
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