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 Special Court has to pass sentence even if the trial results in
showing the act, of which the defendant is accused, as not being under
the jurisdiction of the Special Court. This does not apply if the act
constitutes a crime or offense under the jurisdiction of the Reich
Supreme Court or the courts of appeal; in this case the Special Court
has to proceed according to article 270, paragraphs 1 and 2 of the code
of criminal procedure.
Article 15
The results of the interrogations (art. 273, par. 2 of the code of
criminal procedure) need not be incorporated in the record of the trial.
Article 16
(1) There is no legal appeal against decisions of the Special Courts.
(2) Applications for a reopening of the case are to be decided upon by
the penal chamber of the district court. The reopening of the case in
favor of the defendant will also take place if there are circumstances
which point to the necessity of reexamining the case in the ordinary
procedure. The stipulation of article 363 of the code of criminal
procedure remains unaffected. If the application for the reopening of
the case is justified, the trial will be ordered to take place before
the competent ordinary court.
Article 17
Proceedings initiated on a punishable act within the jurisdiction
of the Special Courts and pending at the date this decree becomes
effective, will be continued according to the general rules if the
trial has already started. Otherwise they will be transferred to the
procedure regulated in this decree.
Article 18
(1) When the activities of the Special Courts end, the pending cases
will be transferred to the ordinary procedure; the indictment filed
according to the stipulations of this decree will become ineffective.
(2) If the trial has once started before the Special Court, it will be
carried on according to the stipulations of this decree.
(3) The administration of punishment will be transferred to the
authority for the administration of punishment in whose district the
Special Court had its seat; the court decisions occurring in the course
of the administration of punishment will be made by the penal chamber
of the district court without hearings being held.
Article 19
This decree becomes effective on the second day after its promulgation.
Berlin, 21 March 1933
The Reich Chancellor
ADOLF HITLER
For the Reich Minister of Justice
The Vice Chancellor
VON PAPEN
PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112
DECREE OF 21 FEBRUARY 1940 CONCERNING JURISDICTION OF
CRIMINAL COURTS, SPECIAL COURTS, AND ADDITIONAL
PROVISIONS OF CRIMINAL PROCEDURE
Public-domain text, read in full here on John Shaqi.
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