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sentencing
should not be vested in the court; but the
discretion should be within fixed limits
appropriate to the nature of the crime.
2.
Law No. 10, to which reference has already been
made, leaves punishment entirely in the
discretion of the trial court even to the extent
of inflicting the death penalty.
The
De-Nazification Law of 5 March 1946, however,
passed for Bavaria, Greater-Hesse, and Württemberg-Baden,
provides definite sentences for punishment in
each type of offense. The Tribunal recommends
that in no case should punishment imposed under
Law No. 10 upon any members of an organization
or group declared by the Tribunal to be criminal
exceed the punishment fixed by the
De-Nazification Law. No person should be
punished under both laws.
3. The
Tribunal recommends to the Control Council that
Law No. 10 be amended to prescribe limitations
on the punishment which may be imposed for
membership in a criminal group or organization
so that such punishment shall not exceed the
punishment prescribed by the De-Nazification
Law.
The Indictment asks that the
Tribunal declare to be criminal the following
organizations: The Leadership Corps of the Nazi
Party; the Gestapo; the SD; the SS; the SA; the
Reich Cabinet, and the General Staff and High
Command of the German Armed Forces.
THE
LEADERSHIP CORPS OF THE NAZI PARTY
Structure and
Component Parts: The
Indictment has named the Leadership Corps of the
Nazi Party as a group or organization which
should be declared criminal. The Leadership
Corps of the Nazi Party consisted, in effect, of
the official organization of the Nazi Party,
with Hitler as Führer at its head. The
actual work of running the Leadership Corps was
carried out by the Chief of the Party
Chancellery (Hess, succeeded by Bormann)
assisted by the Party Reich Directorate, or
Reichsleitung, which was composed of the
Reichsleiters, the heads of the functional
organizations of the Party, as well as of the
heads of the various main departments and
offices which were attached to the Party Reich
Directorate. Under the Chief of the Party
Chancellery were the Gauleiters, with
territorial jurisdiction over the major
administrative regions of the Party, the Gaue.
The Gauleiters were assisted by a Party Gau
Directorate or Gauleitung, similar in
composition and in function to the Party Reich
Directorate. Under the Gauleiters in the Party
hierarchy were the Kreisleiters with territorial
jurisdiction over a Kreis, usually consisting of
a single county, and assisted by a Party Kreis
Directorate, or Kreisleitung. The Kreisleiters
were the lowest members of the Party hierarchy
who were full-time paid employees. Directly
under the Kreisleiters were the
Ortsgruppenleiters, then the Zellenleiters
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