(2) Applications for a reopening of the proceedings will be decided on by the penal chamber of the district court at the seat of the Special Court. The reopening of the case in favor of the defendant will take place also if circumstances should make it necessary to re-examine the case in ordinary proceedings. Article 363 of the code of criminal procedure shall remain unaffected. If the application for reopening is justified, the trial shall be directed to take place before the competent ordinary court. * * * * * * * Part VI Final Regulations * * * * * * * Article 40 Validity in the Protectorate This decree is also valid for the German courts in the Protectorate of Bohemia and Moravia. * * * * * * * Berlin, 21 February 1940 The Plenipotentiary for the Administration of the Reich FRICK PARTIAL TRANSLATION OF DOCUMENT NG-715 PROSECUTION EXHIBIT 112 LETTER FROM UNDER SECRETARY FREISLER TO PRESIDENTS AND PUBLIC PROSECUTORS AT COURTS OF APPEAL, 26 SEPTEMBER 1941, CONCERNING HANDLING OF CERTAIN WARTIME CRIMES BY SPECIAL COURTS TO SPEED UP PROCEEDINGS The Reich Minister of Justice 3234-III a4 1187 Berlin W 8, 26 September 1941 Wilhelmstrasse 65 Telephone: 11 00 44, long distance: 11 65 16 To the Presidents and Public Prosecutors at the Courts of Appeal and for the information of-- _a._ The President of the Reich Supreme Court _b._ The Chief Reich Prosecutor of the Reich Supreme Court concerning prosecution of wartime criminality-- Wartime crimes, particularly those involving the decree against public enemies, the war economy decree, the decree against violent criminals, and the decree against “Black Listening” [Listening to prohibited broadcasts][127], should, as a matter of principle, be indicted before Special Courts, in order to speed up proceedings as much as possible. In the event that, because of the great number of proceedings, the necessary rapid handling of such cases should not prove possible, I wish to be informed promptly, in order that I may have new Special Courts established or new senates added to already existing Special Courts. The overload of work on a Special Court should never result in the handing over of cases to other courts. A Special Court is, as a rule, to be considered overloaded if a monthly average of more than 40 new indictments has been filed with it. Acting for the Minister [Signed] DR. FREISLER