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
2. _The Hierarchy of regular courts_--The centralization of judicial
administration in the Reich Ministry of Justice did not at first have
any pronounced effect upon the structure of the regular court system.
The established hierarchy of courts--local courts, district courts,
district courts of appeal, and the Reich Supreme Court--continued in
effect. The most important development in the early years of the Third
Reich was the creation of extraordinary and special courts, which
increasingly cut into the jurisdiction of the regular courts.
Under the impact of war, however, the system of regular courts was
substantially altered, although its general outlines remained the same.
These alterations were intended for economy and expedition, and to
reduce the number of judicial personnel. This was accomplished chiefly
in two ways: by reduction in the number of judges required to hear
particular kinds of cases, and by drastic curtailment of the right of
appeal.
Many of these changes were made at the outbreak of war in 1939.
Thereafter, all cases in the local courts and all civil cases in the
district courts were heard by one judge only; criminal cases in the
district courts were heard by three judges, but the president of the
court could hear such cases alone if the issues were simple. Criminal
cases heard by the local courts could be appealed only as far as
the district courts; civil cases heard in the local courts could be
appealed directly to the district court of appeals, bypassing the
district court.
Further drastic curtailments of the right of appeal occurred in 1944
and 1945. In general, appeals could only be taken by permission of the
court which heard the case, and permission was granted only to settle
legal questions of fundamental importance. The judicial functions of
the district courts of appeal were almost, if not entirely, eliminated,
although their supervisory administrative functions continued.
3. _Extraordinary courts_--The most crucial and radical change in the
judicial system under the Third Reich, however, was the establishment
of various extraordinary courts. These irregular tribunals permeated
the entire judicial structure, and eventually took over all judicial
business which touched political issues or related to the war.
Within a matter of weeks after the seizure of power, by a decree of 21
March 1933, “Special Courts” (Sondergerichte) were established. One
Special Court was set up within the district of each district court of
appeal. Each court was composed of three judges drawn from the judges
of the particular district. They were given jurisdiction over offenses
described in the emergency decree of 28 February 1933, which included
inciting to disobedience of government orders, crimes in the nature of
sabotage, and acts “contrary to the public welfare.” There were drastic
provisions for the expedition of proceedings before the special courts,
and no appeal whatsoever lay from their decisions.
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