Chapter XX: Section II: Regulations Amending the Rules of Criminal Procedure

1. As article 8 a of the Code of Criminal Procedure the
following regulation is being inserted:

Article 8 a

Jurisdiction shall also be established at the court in the district of which the defendant is being detained by order of an authority at the time the indictment is filed.

2. As article 153 a of the Code of Criminal Procedure, the following regulation is being inserted:

Article 153 a

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An act committed by a foreigner abroad will be prosecuted by the public prosecutor only if so demanded by the Reich Minister of Justice.

The public prosecutor may abstain from the prosecution of a punishable act if for the same act punishment has already been carried out abroad and the sentence to be expected in Germany, after deducting the time served abroad, would not be heavy.

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Berlin, 6 May 1940

The Chairman of the Ministerial
Council for National Defense
FIELD MARSHAL GOERING

The Plenipotentiary General for the
Administration of the Reich
FRICK

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

TRANSLATION OF DOCUMENT NG-1807
PROSECUTION EXHIBIT 626

DECREE OF 11 JUNE 1940 CONCERNING EXECUTION OF PRISON
SENTENCES FOR CRIMES COMMITTED IN TIME OF WAR

1940 REICHSGESETZBLATT, PART I, PAGE 877

The Ministerial Council for National Defense decrees the following with legal force for the territory of Greater Germany:

Article 1

(1) If a court martial or an SS and police court sentences a person to hard labor for crimes committed in time of war, or, sentences him, in addition to imprisonment, to loss of the right to bear arms, or loss of civil rights, and if the sentence is to be carried out within the scope of the Reich Administration of Justice, the period spent in prison during the war will not be included in the time of imprisonment. In special cases the judiciary can decide differently.

(2) If a person has within the scope of the Reich Administration of Justice been sentenced to hard labor for a crime committed in time of war, the executing authority should give an order which complies with the legal consequence of article 1, paragraph 1.

(3) The provisions of articles 1 and 2 apply also to prison sentences which have been passed before the effective date of this decree.

(4) Prison sentences which are covered by the provisions of article 1, paragraph 1, or for the execution of which an order according to article 2 is given, will be executed under more strict conditions.

Article 2

The Reich Minister of Justice is authorized to issue the necessary legal and administrative provisions for the carrying out or supplementation of this decree. He may determine that article 1, paragraph 2, should be applied accordingly if imprisonment is to be imposed.

Article 3

This decree applies also in the Incorporated Eastern Territories.

Berlin, 11 June 1940

The Chairman of the Ministerial Council
for National Defense
FIELD MARSHAL GOERING

The Plenipotentiary for the Administration of the Reich
FRICK

The Chief of the High Command of the Armed Forces
KEITEL

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

EXTRACTS FROM LAW OF 4 SEPTEMBER 1941 AMENDING THE
CRIMINAL (PENAL) CODE

1941 REICHSGESETZBLATT, PART I, PAGE 549

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

The dangerous habitual criminal (article 20a of the penal code) and the sex criminal (articles 176 through 178 of the penal code) are subject to the death penalty if the protection of the national community or the need of just expiation require it.

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Article 3

The usurer (articles 302d and 302e of the penal code) will be punished with hard labor in especially serious cases. Moreover, a fine of an unlimited amount can be imposed.

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Fuehrer Headquarters, 4 September 1941

The Fuehrer and Reich Chancellor
ADOLF HITLER

The President of the Ministerial Council
for the Defense of the Reich
REICH MARSHAL GOERING

The Acting Reich Minister of Justice
DR. SCHLEGELBERGER

The Reich Minister of the Interior
FRICK

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

EXTRACTS FROM THE ELEVENTH REGULATION ON THE
REICH CITIZENSHIP LAW, 25 NOVEMBER 1941[104]

1941 REICHSGESETZBLATT, PART I, PAGE 722

The Reich government has enacted the following law, which is promulgated herewith:

Article 1

A Jew, having his regular abode abroad, cannot be a German national. Regular abode abroad shall be presumed if a Jew is abiding abroad under circumstances indicating that he abides there not only temporarily.

Article 2

A Jew loses German nationality--

_a._ If at the date this amendment becomes effective, he has his regular residence abroad, with that same date.

_b._ If he takes up his regular residence abroad later on, at the same time replacing his regular domestic residence by a residence abroad.

Article 3

(1) The property of the Jew who is losing his German nationality under this amendment shall be forfeited for the benefit of the Reich at the moment he loses his nationality. For the benefit of the Reich shall further be forfeited the property of Jews who are stateless at the moment this amendment becomes effective, and who were of German nationality, prior to this amendment coming into effect, if they have taken up or take up their regular residence abroad.

(2) The property thus forfeited shall serve the furthering of all purposes in connection with the solution of the Jewish question.

Article 4

(1) Persons whose property is forfeited for the benefit of the Reich under article 3, shall not be able to inherit anything from a German national.

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Article 8

(1) It is for the chief of the Security Police and the SD to decide whether the conditions for a forfeiture of property are given.

(2) The administration and liquidation of the forfeited property is up to the chief of the Regional Finance Office, Berlin.

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Article 10

(1) Claims for pensions of Jews who lose German nationality under article 2 expire with the end of the month during which the loss of nationality occurs.

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Article 12

This amendment is also valid for the Protectorate of Bohemia and Moravia and the Incorporated Eastern Territories.

Berlin, 25 November 1941

The Reich Minister of the Interior
FRICK

The Chief of the Party Chancellery
M. BORMANN

The Reich Minister of Finance
As Deputy, REINHARDT

The Acting Reich Minister of Justice
DR. SCHLEGELBERGER

TRANSLATION OF SCHLEGELBERGER DOCUMENT 23
SCHLEGELBERGER DEFENSE EXHIBIT 63

ORDER OF 16 JANUARY 1942 FOR EXECUTION OF THE FUEHRER
DECREE CONCERNING THE POSITION OF CHIEF OF
THE PARTY CHANCELLERY

1942 REICHSGESETZBLATT, PART I, PAGE 35

Pursuant to the Fuehrer decree of 29 May 1941 (Reichsgesetzblatt I, p. 295) defining the position of the chief of the Party Chancellery, the following is hereby directed:

Article 1

(1) Any Party contribution toward national legislation is the exclusive responsibility of the chief of the Party Chancellery unless otherwise directed by the Fuehrer. Legislative proposals or suggestions emanating from the Party, its formations or affiliated organizations are to be submitted exclusively by the chief of the Party Chancellery to the top-level Reich authorities concerned.

(2) Likewise, all assistance of the Party in dealings with personnel matters of civil servants is the exclusive responsibility of the chief of the Party Chancellery.

Article 2

In all matters of national legislation the chief of the Party Chancellery occupies the same position as that of any Reich minister concerned. Therefore he is to be consulted by the highest Reich authorities with regard to the drafting of Reich laws, decrees, and directives of the Fuehrer, directives of the Ministerial Council for National Defense, as well as directives issued by the highest Reich authorities, and regulations and provisions for the execution of these directives. The same applies to the endorsement of laws and directives issued within the jurisdiction of the German States [Laender] or of directives of Reich governors.

Article 3

In all matters of general principle and national policy, particularly in matters pertaining to the drafting, amendment, or execution of laws, decrees, or directives, all communications between the highest Reich authorities and the highest authority of the German States including several political districts on one hand, and the agencies of the Party, its formations and affiliated organizations on the other hand, are to be channeled exclusively through the chief of the Party Chancellery. In such cases there shall exist no direct correspondence between either the highest Reich authorities or the highest authorities of the German States, and any agencies of the Party other than the chief of the Party Chancellery. The same applies to personnel matters of civil servants, unless such matters are otherwise regulated by special provisions.

Fuehrer Headquarters, 16 January 1942

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

The Chief of the Party Chancellery
M. BORMANN

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

FUEHRER DECREE, 21 MARCH 1942, CONCERNING SIMPLIFICATION
OF THE ADMINISTRATION OF JUSTICE

1942 REICHSGESETZBLATT, PART I, PAGE 139

The defense of people and Reich necessitates smooth and quick work in the administration of justice. In order to enable the courts and the public prosecutors to continue the fulfilling of their tasks under the extraordinary conditions, I decree the following:

I

The procedure in penal cases including the administration of punishment, in civil cases and in matters of voluntary jurisdiction, is to be simplified and expedited, by eliminating all dispensable measures and by utilizing all available manpower, as far as it is compatible with the purpose of the procedure. In particular, in penal cases the enforcement of the indictment by the offended party, and the formal decree of the court opening, the trial will be eliminated; the authority of the local court in penal matters is to be enlarged, and the admissibility of writs of punishment to be extended.

II

Indictments and judicial decisions will be written in concise style and cut down to the absolutely necessary.

III

The participation of professional associate judges in judicial decisions is to be restricted.

IV

Appeals against judicial decisions will be adapted to war conditions; they can be made subject to special admission. In civil cases of appeal the introduction of new factual material is to be further restricted.

V

(1) The term of office of the members of the Special Senates of the Reich Supreme Court and of the People’s Court, as well as the honorary members of the People’s Court, is extended to the termination of the war.

(2) The units and members of units of the Reich chamber of attorneys, the Reich chamber of notaries public and the notaries’ finance office will remain in office until the termination of the war; their appointment can be revoked at any time.

VI

I commission the Reich Minister of Justice, in agreement with the Reich Minister and chief of the Reich Chancellery, and the chief of the Party Chancellery, to issue the legal provisions necessary for the execution of this decree. I empower the Reich Minister of Justice to make the necessary administrative provisions and to decide any doubtful questions by administrative means under due observation of article 2 of the decree of 16 January 1942 (Reichsgesetzblatt Part I, page 35).

Fuehrer Headquarters, 21 March 1942

The Fuehrer
ADOLF HITLER

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

UNANIMOUS DECISION OF THE GREATER GERMAN REICHSTAG,
26 APRIL 1942, CONCERNING UNRESTRICTED POWERS
OF ADOLF HITLER

1942 REICHSGESETZBLATT, PART I, PAGE 247

Decision of the Greater German Reichstag, 26 April 1942

At the proposal of the president of the Reichstag, in its session of 26 April 1942, the greater German Reichstag has unanimously approved of the rights which the Fuehrer has postulated in his speech[105], with the following decision:

“There can be no doubt that in the present war, in which
the German people is faced with a struggle for its
existence or annihilation, the Fuehrer must have all the
rights postulated by him which serve to further or achieve
victory. Therefore--without being bound by existing legal
regulations--the Fuehrer in his capacity as leader of the
nation, supreme commander of the armed forces, chief of the
government, and supreme holder of executive power, as holder of
the supreme judicial power [Oberster Gerichtsherr] and leader
of the Party must be in a position to force with all means at
his disposal every German, if necessary, whether he be common
soldier or officer, low or high official or judge, leading
or subordinate official of the Party, worker or employee, to
fulfill his duties. In case of violation of these duties, the
Fuehrer is entitled, after conscientious examination, regardless
of so-called well established rights, to impose due punishment,
and to remove the offender from his post, rank and position,
without using prescribed procedures.”

At the order of the Fuehrer this decision is hereby promulgated.

Berlin, 26 April 1942

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

DECREE, 15 JULY 1942, SIGNED BY KEITEL, STUCKART AND DEFENDANT SCHLEGELBERGER, EXTENDING SPECIAL JURISDICTION OF SS AND POLICE OR MILITARY COURTS TO THE PROTECTORATE OF BOHEMIA AND MORAVIA

1942 REICHSGESETZBLATT I, PAGE 475

Order Concerning the Jurisdiction of SS Courts and Police Courts in the Protectorate Bohemia and Moravia, 15 July 1942

In pursuance of the decree of the Fuehrer and Reich Chancellor concerning the Protectorate Bohemia and Moravia, dated 16 March, 1939 (RGB1.I, p. 485) and in agreement with the Reich Protector of Bohemia and Moravia, the following order is issued:

Article 1

In case of direct attack by a non-German citizen against the SS or the German police or against any of their members, the Reich Leader of the SS and chief of the German police in the Reich Ministry of the Interior may establish the jurisdiction of a combined SS court and police court, by declaring that special interests of parts of the SS or of the police require that judgment be given by an SS and police court.[106]

This declaration shall be sent to the Reich Protector of Bohemia and Moravia. The SS and police court, which shall have jurisdiction in individual cases, shall be specified by the Reich leader of the SS and chief of the German police in the Reich Ministry of the Interior.

Article 2

If the offense directly injures the interests of the armed forces the Reich Leader of the SS and chief of the German police in the Reich Ministry of the Interior, and the chief of the High Command of the Armed Forces shall reach an agreement as to whether the case shall be prosecuted by an SS and police court or by a military court.

Article 3

This order shall become effective 1 week after its publication.

Berlin, 15 July 1942

The Reich Minister of the Interior
As deputy, DR. STUCKART

The Chief of the High Command of the Armed Forces
KEITEL

The Acting Reich Minister of Justice
DR. SCHLEGELBERGER

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

EXTRACTS FROM DECREE OF 13 AUGUST 1942 FOR THE FURTHER
SIMPLIFICATION OF THE ADMINISTRATION OF JUSTICE
IN CRIMINAL CASES

1942 REICHSGESETZBLATT, PART I, PAGE 508

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Article II

Extended penal authority of the Local Court

The local court may pass sentence of hard labor up to 5 years.

Article III

Extension of the Admissibility of the Writ of Punishment

A writ of punishment of up to 6 months’ imprisonment is admissible for crimes, too.

Article IV

Economizing on Manpower in the Composition of Penal Court

Decisions by the penal chamber of the district court, the Special Court and the penal senate of the courts of appeal may be made by the president or his regular deputy alone, if he considers the cooperation of his associates dispensable in view of the factual and legal simplicity of the case, and if the public prosecutor agrees.

Article V

Trial without Public Prosecutor

In proceedings before the local court the public prosecutor may abstain from participation in the trial.

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Article VII

Reorganization of the System of Legal Remedies

Article 1

Restriction of Legal Remedies

Appeal and complaint by the defendant or the plaintiff in penal cases, prosecuting on his own or beside the public prosecutor, against a decision issued after this decree comes into force, are subject to special admission. This will be granted in cases where a refusal would be unfair.

Berlin, 13 August 1942

The Acting Reich Minister of Justice
DR. SCHLEGELBERGER

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

HITLER DECREE, 20 AUGUST 1942, CONCERNING SPECIAL POWERS AUTHORIZING THE REICH MINISTER OF JUSTICE TO DEVIATE FROM ANY EXISTING LAW IN ESTABLISHING A NATIONAL SOCIALIST ADMINISTRATION OF JUSTICE

1942 REICHSGESETZBLATT, PART I, PAGE 535

Decree of the Fuehrer concerning Special Powers of the Reich
Minister of Justice

To fulfill the tasks of the Greater German Reich, a strong administration of justice is necessary. Therefore, I commission and empower the Reich Minister of Justice[107] to establish a national socialist administration of justice and to take all necessary measures in accordance with my directives and instructions and in agreement with the Reich Minister and chief of the Reich Chancellery and the chief of the Party Chancellery.[108] In doing so, he can deviate from any existing law.

Fuehrer Headquarters, 20 August 1942

The Fuehrer
ADOLF HITLER

The Reich Minister and Chief of the Reich Chancellery
DR. LAMMERS

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

EXTRACTS FROM THE REICH JUVENILE COURT LAW OF
10 NOVEMBER 1943

1943 REICHSGESETZBLATT, PART I, PAGE 639

First Part

Juvenile Delinquencies and their Consequences

First Section

General Rules

Article 1

Sphere of Application

(1) This law applies whenever a juvenile commits a delinquency subject to punishment. A juvenile is one who, at the time of the deed, is 14 but not yet 18 years old.

(2) This law applies to Germans. It shall be applied accordingly to members of other nationalities, as far as not otherwise provided.

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Seventh Section

Application of the General Criminal Law

Article 20

Juvenile Major Criminals

(1) If at the time of the deed the juvenile was morally and mentally developed to such an extent that he can be considered like a perpetrator over 18 years old, the judge will apply the general criminal law, if the sound sentiment of the people requires it because of the particularly wicked character of the perpetrator and because of the seriousness of his deed.

(2) The same applies, if the juvenile at the time of the deed, according to his moral and mental development, cannot be considered like an adult, but if the over-all appreciation of his personality and his deed shows that he is a major criminal of a degenerate character and the protection of the people demands such treatment.

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PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

FIFTH DECREE, 5 MAY 1944, AMENDING THE DECREE CONCERNING
SPECIAL CRIMINAL LAW IN TIME OF WAR
AND SPECIAL EMERGENCY

1944 REICHSGESETZBLATT, PART I, PAGE 115

Pursuant to Article 10 of the Decree concerning Special Criminal Law in Time of War and Special Emergency[109] (Special Penal Decree for Wartime) of 17 August 1938 (Reichsgesetzblatt 1939, I, p. 1455) the following is ordered:

Article I

Article 5a of the Special Penal Decree for Wartime is amended as follows:

Article 5a

Excess of the Regular Penalty Limits

(1) With regard to all offenders who through an intentional, punishable act have become guilty of causing a serious detriment or danger to the conduct of the war or the security of the Reich, the penalty can be increased in excess of the regular penalty limits, up to the statutory maximum of a given type of penalty, or to a term of hard labor, or to hard labor for life, or to death, if the regular penalty limits are an insufficient expiation according to the sound sentiment of the people. The same applies to all punishable acts committed by negligence, if they have caused a particularly serious detriment or danger to the conduct of the war or the security of the Reich.

(2) In the case of punishable acts committed against the discipline and courage required of a soldier, the regular penalty limits may be likewise exceeded, if the maintenance of discipline and the security of the military unit require it.

Article II

Article I applies also to acts committed before this decree becomes effective.

Fuehrer Headquarters, 5 May 1944

The Chief of the High Command of the Armed Forces
KEITEL

TRANSLATION OF DOCUMENT NG-1918
PROSECUTION EXHIBIT 531

DECREE OF 25 AUGUST 1944, FOR THE PROTECTION OF
THE TOTAL WAR EFFORT

1944 REICHSGESETZBLATT, PART I, PAGE 184

Pursuant to the decree of the Fuehrer concerning special powers of the Reich Minister of Justice,[110] of 20 August 1942 (Reichsgesetzblatt I, p. 535), in connection with the decree of the Fuehrer concerning total war effort of 25 July 1944 (Reichsgesetzblatt I, p. 161) the following is ordered in agreement with the Reich Minister and chief of the Reich Chancellery, the chief of the Party Chancellery, and the Plenipotentiary for the Administration of the Reich.

Article I

(1) He who willfully or negligently violates an order or prohibition contained in a legal decree or a duly promulgated administrative order of the Reich government, any Supreme Reich Authority or any other authority on the same level with it concerning measures for implementing total war effort, will be punished with imprisonment and/or a fine.

(2) If the perpetrator is guilty of causing, by a willful violation, a serious disadvantage or a serious danger or, by a negligent violation, a specially serious advantage or a specially serious danger to the war effort or the security of the Reich, he may be punished with hard labor for a limited period, or for life, or with death.

Article II

This decree is also applicable if the legal decree or administrative order has been promulgated before this decree comes into force, but after 25 July 1944.

Berlin, 25 August 1944

The Reich Minister of Justice
As deputy, KLEMM[111]

TRANSLATION OF KLEMM DOCUMENT 57
KLEMM DEFENSE EXHIBIT 57

EXTRACTS FROM DECREE, 13 DECEMBER 1944, FOR THE FURTHER ADAPTATION OF CRIMINAL PROCEDURE TO THE REQUIREMENTS OF TOTAL WAR (FOURTH DECREE FOR THE SIMPLIFICATION OF CRIMINAL PROCEDURE)

1944 REICHSGESETZBLATT, PART I, PAGE 339

In pursuance of the decree of the Fuehrer concerning special powers of the Reich Minister of Justice, dated 20 August 1942,[112] (Reichsgesetzblatt I, p. 535), in connection with the decree of the Fuehrer concerning total war, dated 25 July 1944 (Reichsgesetzblatt I, p. 161), and in agreement with the Reich Minister and chief of the Reich Chancellery, the chief of the Party Chancellery, and the Plenipotentiary for the Administration of the Reich, the following is ordered:

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