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
Because Germany was divided into a multitude of states and provinces
until modern times, German law is not the product of a continuous or
uniform development. However, while some elements of old Germanic law
have survived, German law has for many centuries been based primarily
on the principles of Roman law. As is the case in most continental
nations, German law today is enacted to a substantial degree in the
form of codes.
Even at the present time, the principal source of German criminal
law is the Criminal Code of 1871. Amendments have been frequent, but
it has never been completely overhauled. For our present purpose,
it is sufficient to note the code’s threefold division of criminal
offenses. Serious crimes, punishable with death or imprisonment for
more than 5 years, are called “crimes” (Verbrechen); lesser offenses,
punishable with imprisonment or substantial fines, are called
“delicts” (Vergehen); and minor offenses are called “contraventions”
(Uebertretungen).
Questions of criminal procedure are regulated by the Code of Criminal
Procedure of February, 1877; matters of jurisdiction and of court
organization are prescribed in the General Judicature Act of January,
1877.
Under both the German Empire and the Weimar Republic, the authority to
appoint judges and prosecutors and the power to execute sentences were
jealously guarded prerogatives of the individual German states. The
Reich Ministry of Justice, therefore, remained predominantly a ministry
of federal legislation. The anomaly of a highly unified federal law, as
contrasted with a court system administered by the individual states,
endured until after the advent of Hitler.
In spite of the fact that the authority for supervision and appointment
of judges rested with the numerous states, the German court system
was well organized and highly unified before Hitler came to power.
The basis of the court system was the local courts (Amtsgerichte), of
which there were over 2,000, which had original jurisdiction over minor
civil suits and over the less serious criminal offenses (“delicts” and
“contraventions”). Original jurisdiction in the more important civil
and criminal cases was exercised by the district courts (Landgerichte),
of which there were some 180.
The principal appellate courts in Germany were called the district
courts of appeal (Oberlandesgerichte). Of those there were 26, or
generally one to each state and province.[12] The district courts of
appeal entertained civil appeals from all decisions of the local and
district courts, and second criminal appeals from cases originally
heard in the local courts. The president of the district court of
appeals (Oberlandesgerichtspraesident) was also the administrative head
of all the courts in his district.
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