Chapter III: People’s Court132

Article 1

(1) For the trial of cases of high treason and treason the People’s Court is established.

(2) Decisions of the People’s Court are made by five members during the trial, by three members outside the trial. This includes the president. The president and one further member must be qualified judges. Several senates may be established.

(3) The prosecution is represented by the Chief Prosecutor of the Reich.

Article 2

The members of the People’s Court and their deputies are appointed for the duration of 5 years by the Reich Chancellor at the recommendation of the Reich Minister of Justice.

Article 3

(1) The People’s Court is competent for the investigation and decision in the first and last instance in the cases of high treason according to articles 80 through 84, treason according to articles 89 through 92, assault against the Reich President according to article 94, paragraph 1 of the criminal (penal) code, and the crimes listed in article 5, paragraph 2, No. 1 of the decree of the Reich President for the protection of people and State of 28 February 1933[133] (Reichsgesetzblatt I, p. 83). In these cases the People’s Court also make the decision listed in article 73, paragraph 1 of the judicature act.

(2) The People’s Court is also competent in such cases where crimes or offenses subject to its competency constitute at the same time another crime or offense.

(3) If another punishable act is in factual connection with a crime or offense subject to the jurisdiction of the People’s Court, the proceedings against the perpetrators and participants of the other punishable act may be brought before the People’s Court by way of combination.

Article 4

(1) The Chief Reich Prosecutor can transfer the prosecution of the crimes of preparation of high treason listed in articles 82 and 83 of the penal code and of the treasonable offenses listed in articles 90 b through 90 e of the penal code to the prosecutor at the court of appeal. The Chief Reich Prosecutor can withdraw the transfer before the opening of the investigation.

(2) In the cases mentioned in paragraph 1 the People’s Court can transfer the trial and decision to the court of appeal, if the Chief Reich Prosecutor requests this when filing the indictment.

(3) Article 120 of the judicature act applies accordingly.

Article 5

(1) As far as not otherwise stipulated, the procedure is subject to the provisions of the judicature act and the code of criminal procedure concerning the procedure before the Reich Supreme Court in the first instance.

(2) Against the decisions of the People’s Court no legal appeal is permitted.

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Berlin, 24 April 1934

The Reich Chancellor
ADOLF HITLER

The Reich Minister of Justice, at the same
time for the Reich Minister of the Interior
DR. GUERTNER

The Reich Defense Minister
VON BLOMBERG

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112

EXTRACTS FROM LAW OF 16 SEPTEMBER 1939 AMENDING
REGULATIONS OF GENERAL CRIMINAL PROCEDURE, MILITARY
CRIMINAL PROCEDURE AND THE PENAL CODE

1939 REICHSGESETZBLATT, PART I, PAGE 1841

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Article 5

The Special Senate of the People’s Court

(1) The special senate of the People’s Courts consists of the president and of four members.

(2) The special senate is presided over by the president of the People’s Court[134] and, if he cannot be present, by the vice president. One of the members must be a president of a senate or a professional associate judge at the People’s Court.

(3) The members and their deputies are appointed for the duration of two business years by the Fuehrer and Reich Chancellor upon recommendation of the Reich Minister of Justice.

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Fuehrer Headquarters, 16 September 1939

The Fuehrer and Reich Chancellor
ADOLF HITLER

The Reich Minister of Justice
DR. GUERTNER

The Chief of the High Command of the Armed Forces
KEITEL

PARTIAL TRANSLATION OF SCHLEGELBERGER DOCUMENT 88
SCHLEGELBERGER DEFENSE EXHIBIT 81

EXTRACTS FROM DECREE, 21 FEBRUARY 1940, CONCERNING THE
JURISDICTION OF CRIMINAL COURTS, SPECIAL COURTS, AND
ADDITIONAL PROVISIONS OF CRIMINAL PROCEDURE

1940 REICHSGESETZBLATT, PART I, PAGE 405

Upon the basis of legal authority and with the consent of the Plenipotentiary of the Four Year Plan [Goering] and the High Command of the Wehrmacht, the following is ordered: