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 judge who is in direct relation of fealty to the
Fuehrer must judge ‘like the Fuehrer.’ In order to guarantee
this, a direct liaison officer without any intermediate agency
must be established between the Fuehrer and the German judge,
that is, also in the form of a judge, the supreme judge in
Germany, the ‘Judge of the Fuehrer.’ He is to convey to the
German judge the will of the Fuehrer by authentic explanation of
the laws and regulations. At the same time he must, upon the
request of the judge, give binding information in current trials
concerning fundamental political, economic, or legal problems
which cannot be surveyed by the individual judge.”
In part, this executive control was accomplished by conferences between
the prosecutors and the judges, in which the prosecutor advised the
judge what measure of sentence the Ministry of Justice thought fitting
in a particular case. But an even more effective device was a series
of confidential circulars to the judges known as Judges’ Letters
(Richterbriefe) which Thierack dispatched, under his own signature
as Minister of Justice, to the judges and prosecutors throughout the
German judicial system. Thierack announced this forthcoming series in
September 1942 in the following letter:
“To aid the judge in fulfilling his high duty in the life of our
people, I decided to publish the Judges’ Letters. They shall be
distributed to all German judges and prosecutors. These Judges’
Letters will contain decisions that seem to be especially
worthwhile mentioning, on account of result or argumentation.
On these decisions, I will show how a better decision might
or should have been found; on the other hand, good, and for
the national community, important decisions shall be cited as
examples.
“The Judges’ Letters are not meant to create a new casuistry,
which would lead to a further ossification of the administration
of justice and to a guardianship over the judges. They will
rather tell how judicial authorities think National Socialist
justice should be applied and thereby give the judge the inner
security and freedom to come to the right decision.
“The contents of these letters are confidential; the chief of an
office shall keep them, and let every judge and prosecutor take
notice of them against receipt.
“For the publication of the Judges’ Letters, the collaboration
of all the judges and prosecutors is needed. I expect that
suitable decisions from all branches of justice will be
presented to me. On publication, neither the judge nor the
deciding court will be named.
“I am convinced that the Judges’ Letters will help to influence
the administration of justice uniformly according to National
Socialist doctrines.”
Public-domain text, read in full here on John Shaqi.
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