PRELIMINARY HEARING

Wednesday, 14 November 1945

THE PRESIDENT (Lord Justice Lawrence): Is Counsel for Gustav Krupp Von Bohlen in Court?

DR. THEODOR KLEFISCH (Counsel for Defendant Krupp Von Bohlen): Yes.

THE PRESIDENT: Do you wish to make your motion now?

DR. KLEFISCH: Yes.

THE PRESIDENT: Will you make your motion"

DR. KLEFISCH: Mr. President, gentlemen: As defense counsel for Krupp Von Bohlen und Halbach, I repeat the request which has already been made in writing, to suspend the proceedings against this defendant, at any rate, not to carry out the Trial against this defendant. I leave it to this High Court to decide whether it should suspend proceedings against Krupp for the time being or altogether. According to the opinion of the specialists, who were appointed by this Court for the investigation of the illness of Krupp, Krupp Von Bohlen und Halbach is not able, on account of his serious illness, to appear at this Trial without danger to his life. Their opinion is that he is suffering from an organic disturbance of the brain and that mental decline makes the defendant incapable of reacting normally to his surroundings From that it follows that Krupp is not capable of informing his defense. Furthermore, the report states that the deterioration of his physical and mental powers has already been going on for several years and that since Krupp was involved in an auto accident on 4 December 1944, he can only speak a few disconnected words now and again, and during the last two months has not even been able to recognize his relatives and friends. On the basis of these facts one can only establish that Krupp has no knowledge of the serving of the Indictment of 19 October. Thus he does not know that he is accused and why. The question now arises whether, in spite of this permanent inability to appear for trial, in spite of this inability to inform his defense, and in spite of his not knowing of the Indictment and its contents, Krupp can be tried in absentia. Article 12 of the Charter gives the right to the Tribunal to take proceedings against people who are absent, under two conditions: First, if the accused cannot be found; second, if the Tribunal, for other reasons, thinks it is necessary in the interests of justice, to try him in absentia