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
From the individual provisions we will see that in matters of death
sentences, for example, the Oberstaatsanwalt, regardless of whether
the condemned person had personally submitted a petition for pardon,
had to make a thorough report on the question of pardon after he first
gathered the attitude of the court, the presiding judge, the prison
authorities, the police, and still other offices prescribed in special
cases. This report goes to the Generalstaatsanwalt who on his part must
then state in detail his attitude about the pardon report. In the Reich
Ministry of Justice, special Referenten had been appointed for dealing
with pardon questions. These Referenten were supported by numerous
co-workers. The co-worker had to present an opinion with an exact
report of the facts, an opinion on the legal question of the individual
case, a criticism of the judgment with regard to the factual and legal
aspects, and a detailed statement on the question of pardon. The
Referent, on his part, as well as the division chief, had to add their
attitude to this opinion. Only if all reporting offices, the co-worker,
the Referent, and the division chief unanimously recommended that
the sentence be carried out was the matter designated as a so-called
smooth affair [glatte Sache]. In this case the Referent in charge of
death sentences reported personally to the Minister, calling special
attention to all the circumstances of the case worth remarking on.
On the other hand, even if one of all these participants recommended
commuting the death sentence to a prison sentence, then the co-worker
had to present his detailed opinion in person to the Minister; and the
Referent, the division chief, and the under secretary stated their
attitude at the request of the Minister.
The same procedure was also used in principle in cases of so-called
immediate execution [Blitzvollstreckung]. This concerned cases from the
last years of the war, in which the facts of the case and the legal
question to be decided on were straightforward; moreover, it concerned
cases in which, on account of the fact that the deed had caused
considerable stir among the public, a special deterrent effect should
be obtained by carrying out the sentence as soon as possible after the
deed had been committed and judged. The only difference in dealing
with these immediate executions and the usual procedure was that all
reports and opinions were given by telephone, telegraph, teletype, or
verbally, and on account of its being a straightforward case no files
were submitted.
The indictment also contains the charge that the amnesty laws were
administered according to political view. The provisions in question
will be discussed in detail when the evidence is presented.
Hitler’s constitutional right to quash pending criminal proceedings
[Abolitionsrecht] will be shown in its practical meaning.
Public-domain text, read in full here on John Shaqi.
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