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
(2) The decisions concerning arrest pending trial are made by the
president of the Special Court. The president of the Special Court is,
apart from the local court, also competent for those decisions, which,
according to articles 125, 128 of the code of criminal procedure,
fall under the jurisdiction of the local court. Complaints against the
decisions of the president and the local court will be decided upon by
the Special Court.
(3) The president of the Special Court can delegate the interrogation
of the defendant and the decision about the warrant of arrest to an
associate judge. The same applies to the decisions which are to be made
according to articles 116 and 148 of the code of criminal procedure.
Article 10
For the defendant who has not yet chosen counsel, counsel has to be
appointed at the time when the date for the trial is fixed.
Article 11
A preliminary court investigation will not be held. If a preliminary
court investigation is pending at the time this decree becomes
effective, the records are to be transferred in due time to the
prosecutor of the Special Court.
Article 12
(1) The indictment must contain a summary of the results of the
investigations.
(2) The order of the court to open the trial can be dispensed with.
Instead of the request of the prosecution for the order to open the
trial, there will be the request of the prosecution to fix a date for
the trial. After receiving the indictment the president will set a
date for the trial, if in his opinion the legal prerequisites for it
are fulfilled. Otherwise he will put the decision to the court. When
setting the date for the trial, the president will also decide upon the
warrant of arrest or the continuation of the arrest pending trial.
(3) The legal administration of the State can decree that the clerk
of the Special Court will issue the summons for the trial and produce
those objects which are to serve as evidence (art. 214, par. 1 of the
code of criminal procedure). The legal administration of the State can
delegate this power.
(4) The term of the summons (art. 217 of the code of criminal
procedure) is 3 days. It can be shortened to 24 hours.
(5) The effects which the code of criminal procedure connects with the
opening of the trial take place with the filing of the indictment. The
effects, which the code of criminal procedure connects with the reading
of the order of the court to open the trial, take place at the moment
when the interrogation of the defendant as to the facts of the case
begins.
Article 13
The Special Court can refuse any offer of evidence, if the court has
come to the conviction that the evidence is not necessary for clearing
up the case.
Article 14
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