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
A. And then finally the Ministry of Propaganda. The fact that this
Ministry was directed by Goebbels may cause, to a non-German’s mind,
the misconception that this was a Party function. That, as I said,
would be a misconception because the Ministry of Propaganda was not a
Party office but a Ministry, just as the Ministry of Justice or the
Ministry of Finance, or the Foreign Office, and that there was an
official channel between all the ministries is a matter of course in
every state. But that connection was also a necessity from the point of
view of [self] defense. Only thus was it possible, at least from time
to time, to guard oneself against surprises. Only thus was it possible,
perhaps in the very last moment, to make successful objections.
Q. The witness referred to a provision of the Code of Penal Procedure
according to which the prosecution could authorize the police to make
investigations. That is article 161 of the Code of Penal Procedure.
Furthermore, in this connection, article 146 of the Judicature Act has
to be considered. About the importance of reports and information from
the SD, I shall submit as Schlegelberger Document 92, Schlegelberger
Exhibit 85, a report from the handbook for allied troops.
Witness, in your own camp, that is to say in the field of the
administration of justice itself, did you have to fight against
opposition?
A. That question, unfortunately, I have to confirm emphatically.
First of all, and very briefly, I again have to mention Frank in
this connection, the representative of the National Socialist legal
ideology, who through all available channels succeeded in bringing this
thought before the public. As means, he had at his disposal, first the
legal publications under his influence, the National Socialist Legal
Workers’ League whose president he was, and the Academy of German Law
which he had created. That academy which possibly, in view of its
composition, could be considered a sort of scientific institute to aid
the administration of justice, evolved by Frank as a competition in
order to direct the Ministry of Justice, to overrule and to discredit
it with the Party. As soon as he found out, from his own information
sources, that the Ministry of Justice intended to carry out reforms,
he mobilized his academy immediately which on its part was to prepare
plans and to publish them, and not much emphasis was placed upon their
quality. But the main purpose was to demonstrate that Frank was the
leader of the living young justice in opposition to the old senile
machinery of justice of the State. Apart from that goal to carry out
his famous thesis, “Right is that which serves the German people,” he
also for personal ambitions and, last but not least, for that ambition,
had intentions to take over the post of Ministry of Justice.
Q. Could you name other personalities who in that manner fought against
the administration of justice?
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