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
4. Due to the development of the Special Courts, the ordinary criminal
courts, especially the criminal court sections, have undergone an
extreme decline in importance. While Special Courts are overburdened
with work, some criminal court sections have hardly as much to do as
they had in peacetime. Furthermore, the latter now having only to deal
with trifling transgressions, they are gradually becoming less familiar
with severe cases. It is reported that the prosecution now shows a
tendency to bring many cases before the Special Courts which actually
do not belong to their jurisdiction. On the one hand this is due to the
prosecutors having greater confidence in the Special Courts, on the
other to the fact that thus a delay of the execution of the sentence
through appeal is made impossible.
5. The permanent overburdening of the Special Courts had led in some
districts to a gradual vanishing of their particular advantage, their
rapid sentencing. The Special Courts are said to proceed with such
delay that at times the prison term imposed by the court is already
absorbed by the custody preceding trial.
II
It may be stressed that said development of the Special Court
jurisdiction is undesirable. In the interest of a rapid and severe
punishment of the really outstanding crimes and transgressions it
should be attempted to maintain the character of the Special Courts as
“Courts Martial of the Home Front” [Standgerichte der Inneren Front].
1. In regard to organization, the following is pointed out:
_a._ At some Special Courts several chambers were established.
Experiences with several chambers are varying, but in general not
favorable. If the chambers are proceeding under different presidency
and with different personnel, several chambers are actually equal to
several Special Courts. Consequently it is possible that the uniformity
of jurisdiction disappears even within one Special Court. Not in all
places and instances the ability to preserve a uniform jurisdiction
within the Special Court through an exchange of ideas and experiences
and through an exchange of associate judges among the different
chambers is to be found.
_b._ Even greater is the danger of a not uniform jurisdiction
if new Special Courts with competence in a limited district are
established. It is yet considerably harder to bring about an exchange
of ideas and experiences and exchange of associate judges among
different Special Courts than among several divisions of one and
the same Special Court. Therefore, no advantage can be seen in the
establishment of a whole series of new Special Courts as it has been
noticed during the last years.
_c._ Reinforcement of the existing Special Courts by assigning
a number of additional associate judges is considered to be the most
suitable method. The uniformity of the direction of the Special Court
is being secured by the presiding judge, while the most experienced
associate judge should be made his deputy.
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