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 second erroneous supposition from which the prosecution sets out
is the assumption that there was only _one_ chief Reich public
prosecutor [Oberreichsanwalt], viz, defendant Lautz. The evidence
taken so far has shown that beside the chief Reich public prosecutor
of the People’s Court, viz, defendant Lautz, there was still another
chief Reich public prosecutor, viz, the chief Reich public prosecutor
of the Reich Supreme Court. It is due to this error on the part of
the prosecuting authority that matters have been made the subject of
this procedure with which defendant Lautz had nothing to do. It is
the nullity plea for instance of which I am thinking here; I shall
prove in the course of my submission of evidence that this nullity
plea could be filed only by the chief Reich public prosecutor of the
Reich Supreme Court and not by the chief Reich public prosecutor of
the People’s Court. It is due to the same erroneous supposition on the
part of the prosecution, according to which there was only _one_
chief Reich public prosecutor, that in the “information on the outlines
of the German judicial system,” which was submitted by the prosecution
at the beginning of the trial, it is stated on page 5--“The criminal
prosecution in cases before the People’s Court and before the Special
courts, as well as those before the ordinary courts, lay in the hands
of the chief Reich public prosecutor. Defendant Ernst Lautz was chief
Reich public prosecutor.” I shall prove in the course of the evidence
to be submitted by me that defendant Lautz was not a superior official
to the public prosecutors of the Special Courts and other courts and
that he was not competent for the criminal prosecution before these
courts. I shall prove that he had only a quite limited competence,
viz, competence for the criminal prosecution of those crimes for
which the People’s Court was competent, and that he was superior only
in regard to the personnel of the Reich public prosecutors at the
People’s Court. The position of defendant Lautz as chief Reich public
prosecutor at the People’s Court did not differ in any way from the
position of the chief public prosecutors [Oberstaatsanwaelte] at the
district courts. When these two points have been clarified, there
remains of all accusations made against defendant Lautz only the one
accusation of his being coresponsible for the criminal procedure
carried through before the People’s Court. This brings me to the third
erroneous supposition on which the indictment against Lautz is based.
It is the fact that the prosecution in its indictment of Lautz, as
well as the other Reich public prosecutors under indictment here,
obviously started from the assumption that the function and position
of a German public prosecutor are the same as that of the prosecuting
authority in Anglo-American criminal procedure. As will be proved by
the evidence of the defense the position of public prosecutor in the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account