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 is not competent for offenses indicated in articles
13 through 15, in as far as the competency of the People’s Court or of
the court of appeal is established.
Section 2
_Proceedings before Special Courts_
Article 17
Application of General Rules of Procedure
(1) For the proceedings before the Special Courts, the code of criminal
procedure, the judicature act, and their amendments apply, unless
otherwise specified.
(2) The rules of the second chapter of the juvenile court law are not
applicable.
Article 18
Local Competency of the Court
The Special Court shall also be competent for those defendants who are
seized or kept in confinement in its district. The jurisdiction, once
established, will not be affected by the release of the defendant.
* * * * * * *
Article 23
Speeding up of the Proceedings
(1) In all proceedings before a Special Court the sentence must be
passed immediately without observation of any time limits, if the
delinquent was caught in the very act or if his guilt is otherwise
obvious.
(2) In all other cases the term of summons (arts. 217 and 218 of the
code of criminal procedure) shall be 24 hours.
* * * * *
Article 25
Relationship between the Special Courts and the regular courts
(1) The Special Court must hand down a decision in a case, even if the
trial shows that the act with which the defendant is charged is of such
a nature that the Special Court is not competent to deal with it. If,
however, the trial shows that the act comes under the jurisdiction of
the People’s Court, the Special Court will refer the case to the latter
court; article 270, paragraph 2, of the code of criminal procedure
applies accordingly.
(2) If the trial of a case before the People’s Court or the court of
appeal, after the filing of the indictment, shows that the Special
Court has exclusive jurisdiction over the act with which the defendant
is charged, the People’s Court or the court of appeal can either decide
the case themselves or direct the trial to take place before the
Special Court. In the latter case the act with which the defendant is
charged has to be described, with emphasis on its legal characteristics
and on the penal law.
Article 26
Incontestability
(1) There is no legal appeal against a decision of the Special Court.
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