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
These materials on the general structure and organization of the
administration of justice are followed by extracts from the testimony
of the defense expert witness, Professor Jahrreiss, whose testimony
dealt comprehensively with the development of German law and
justice from a period far antedating the Nazi regime (sec. D). This
section concludes with extracts from the testimony of the defendant
Schlegelberger, under secretary (Staatssekretaer) in the Reich Ministry
of Justice (sec. E). In addition to giving a leading defense point of
view concerning general legal developments during the Hitler regime,
this testimony introduces a number of the leading figures who played a
role in the administration of justice and whose names frequently arise
in the later appearing documents and testimony.
B. Selected Laws and Decrees, 1933–1944
PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112[82]
[Also Schlegelberger Document 91
Schlegelberger Defense Exhibit 84][83]
DECREE, 28 FEBRUARY 1933,
BY REICH PRESIDENT VON HINDENBURG, COSIGNED BY REICH CHANCELLOR
HITLER AND REICH MINISTERS FRICK AND GUERTNER, SUSPENDING
CONSTITUTIONAL RIGHTS AND INSTITUTING OTHER MEASURES[84]
1933 REICHSGESETZBLATT, PART 1, PAGE 83
Decree of the Reich President for the Protection of People and State of
28 February 1933.
Pursuant to article 48, paragraph 2 of the German constitution, the
following is decreed as a defensive measure against Communist acts of
violence endangering the State:
Article 1
Articles 114, 115, 117, 118, 123, 124, and 153 of the constitution
of the German Reich are suspended until further notice.[85] Thus,
restrictions on personal liberty, on the right of free expression of
opinion, including freedom of the press, on the right of assembly and
the right of association and interferences with the secrecy of postal,
telegraphic, and telephonic communications, and warrants for house
searches, orders for confiscations as well as restrictions on property,
are also permissible beyond the legal limits otherwise prescribed.
[All footnote quotations from the Weimar constitution used in this
volume have been taken from the translation in Select Constitutions of
the World, edited by B. Shiva Rao (Mylapore, Madras, The Madras Law
Journal Press, 1934), page 208 and following pages.]
Article 2
If in a state [Land] the measures necessary for the restoration of
public security and order are not taken, the Reich government may
temporarily take over the powers of the highest State authority.
Article 3
The authorities of the states [Laender] and local communities have
to comply, within their competency, with the orders of the Reich
government issued on the basis of article 2.
Article 4
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