Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III — John Shaqi
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
5. It was a part of the said common design, conspiracy, plans, and
enterprises to enact, issue, enforce, and give effect to certain
purported statutes, decrees, and orders, which were criminal both in
inception and execution, and to work with the Gestapo, SS, SD, SIPO,
and RSHA for criminal purposes, in the course of which the defendants,
by distortion and denial of judicial and penal process, committed
the murders, brutalities, cruelties, tortures, atrocities, and other
inhumane acts, more fully described in counts two and three of this
indictment.
6. The said common design, conspiracy, plans, and enterprises embraced
the assumption by the Reich Ministry of Justice of total control of
the administration of justice, including preparation of legislation
concerning all branches of law, and control of the courts and
prisons. The supreme administration of justice in all German states
was transferred to the Reich Ministry of Justice in 1934. Thereupon,
certain extraordinary courts of a predominantly political nature, with
wide and arbitrary criminal jurisdiction, were superimposed upon the
existing ordinary court system. The People’s Court (Volksgerichtshof)
became the court of original and final jurisdiction in cases of “high
treason” and “treason.” This court itself had jurisdiction over the
investigation and prosecution of all cases before it, and there was
no appeal from its decision. The court’s territorial jurisdiction
was extended not only to all annexed countries of the Reich but also
to the “Protectorate” (Bohemia and Moravia) in 1939. Beginning in
1933, Special Courts (Sondergerichte) also were superimposed upon
the ordinary court system under the Reich Ministry of Justice. These
Special Courts were of a character which had been outlawed until the
NSDAP seizure of power. Jurisdiction of these Special Courts extended
to all “political” cases, as well as to all acts deemed inimical to
either the Party, the government, or continued prosecution of the
war. At least one Special Court was attached to every court of appeal
(Oberlandesgericht); public prosecutors could arbitrarily refer thereto
any case from the local courts (Amtsgerichte) or from the criminal
division of the district courts (Landgerichte). Despite guaranties in
the Weimar Constitution and the German Judicature Act, that no one may
be deprived of his competent judge, and prohibitions against irregular
tribunals, these courts were imposed upon Germany, as well as upon the
“Protectorate” and the occupied countries.
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