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
The war brought new and extraordinary procedures, as well as new
crimes. Despite all that had been done in prewar years, the courts were
still handing down some sentences which, in the eyes of Berlin, were
too mild, and once such a final judgment had been given, nothing could
be done about it. The whole idea of the finality of judgments had long
been a thorn in the flesh of the Nazi jurists. Accordingly, 2 weeks
after the outbreak of war, a decree[30] was promulgated which provided
that, if the Chief Reich Prosecutor had “serious misgivings” concerning
the justice of a sentence, he could, within 1 year thereafter, file
an extraordinary appeal and secure a second trial of the case. The
officials of the Reich Ministry of Justice, who controlled the public
prosecutors, reviewed the criminal decisions and directed the chief
prosecutor to file appeals in cases where they deemed the punishment
insufficient. If the first decision had been rendered by the regular
courts, the second trial was held by the Special Penal Senate of
the Reich Supreme Court. If the first decision had been made by the
People’s Court, on the other hand, the second trial was held by the
Special Senate of the People’s Court.
In 1940, an analogous procedure was authorized[31] under which the
Chief Public Prosecutor of the Reich could lodge with the Supreme Court
a petition for “nullification” against final judgments of the regular
criminal courts or the Special Courts “if the judgment is not justified
because of an erroneous application of law on the established facts.”
The Supreme Court was authorized either to render a new judgment or
to send the case back to a lower court for a new trial under binding
instructions as to the legal principles which should govern. Not
content with this elaborate system for punitive double jeopardy, the
right of the Chief Public Prosecutor to attack final judgments by means
of the nullification procedure was again enlarged in 1942, by extension
to questions of law and to the adequacy of the punishment.[32] This
new regulation provided the prosecution, but not the defense, with
an unlimited right to ask for a new trial within one year after the
decision had been rendered.
On the day of the attack on Poland, a new assault on the tenure and
independence of the judiciary was made.[33] By this new decree, judges
were obliged to take any assignment whatsoever, as judge, prosecutor,
or administrative official, and on any regular or Special Court,
according to the orders of the Reich Minister of Justice. Similar
powers were given to the presidents of the district courts of appeal
within their respective districts.
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