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 few weeks later, special military courts, which had been abolished
by the Weimar constitution, were reestablished and given jurisdiction
over all offenses committed by members of the armed forces. In July
1933, special “Hereditary Health Courts” more generally known as
“Sterilization Courts” were established at the seats of the local
courts, with special appellate “Hereditary Health Courts” above them.
But the most notorious Nazi judicial innovation was the so-called
“People’s Court” (Volksgerichtshof), established by the decree of 24
April 1934, after the Reich Supreme Court’s acquittal of the defendants
in the Reichstag fire trial. The People’s Court replaced the Supreme
Court as the court of first and last instance for most treason cases.
The People’s Court sat in divisions, or “senates,” of five members
each. Two of the five had to be qualified judges; the other three
were trusted Nazi laymen selected from high ranking officers of the
Wehrmacht (armed forces) and SS, or from the Party hierarchy. They
were appointed for 5-year terms by Hitler, on the recommendation of
the Minister of Justice. Six “senates” were established, each of which
heard cases from a particular geographical section of Germany. In
1940 a “special senate” was established to retry cases where, in the
judgment of the chief public prosecutor of the Reich, an inadequate
punishment had been imposed.
As time went on, the concept of “treason” was much enlarged by a
variety of Nazi decrees, and both the Special Courts and the People’s
Court were given jurisdiction to try a great variety of offenses.
In 1936, for example, the smuggling of property out of Germany was
proclaimed an offense against the national economy, and the People’s
Court was given jurisdiction over such cases. In 1940, a new decree
defined the jurisdiction of the Special Courts and People’s Court, and
all sorts of offenses, such as evasion of conscription and listening to
foreign broadcasting stations, were brought within their purview.
Toward the end of the war, by a decree of February 1945, emergency
civil courts martial (Standgerichte) were set up in areas “menaced by
the approaching enemy.” Each consisted of three members appointed by
the Reich Defense Commissar, usually the Gauleiter (regional leader) of
the district; the president was a professional judge, who sat with one
associate judge from the Nazi Party, and one from the Wehrmacht or SS.
These courts martial could only condemn the accused to death, acquit
him, or transfer the case to a regular tribunal.
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