. NMT03-F021
Volume III · Page XXI
| would be of value in the investigation and
trial of crimes within or without his Zone. 6. Each Zone Commander will cause such effect to be given to the judgments of courts of competent jurisdiction, with respect to the property taken under his control pursuant hereto, as he may deem proper in the interest of justice. |
| Article IV |
| 1. When any person in a Zone in Germany is
alleged to have committed a crime, as defined in Article II, in a country other
than Germany or in another Zone, the government of that nation or the Commander
of the latter Zone, as the case may be, may request the Commander of the Zone
in which the person is located for his arrest and delivery for trial to the
country or Zone in which the crime was committed. Such request for delivery
shall be granted by the Commander receiving it unless he believes such person
is wanted for trial or as a witness by an International Military Tribunal, or
in Germany, or in a nation other than the one making the request, or the
Commander is not satisfied that delivery should be made, in any of which cases
be shall have the right to forward the said request to the Legal Directorate of
the Allied Control Authority. A similar procedure shall apply to witnesses,
material exhibits and other forms of evidence. 2. The Legal Directorate shall consider all requests referred to it, and shall determine the same in accordance with the following principles, its determination to be communicated to the Zone Commander. (a) A person wanted for trial or as a witness by an International Military Tribunal shall not be delivered for trial or required to give evidence outside Germany, as the case may be, except upon approval of the Committee of Chief Prosecutors acting under the London Agreement of 8 August 1945. (b) A person wanted for trial by several authorities (other than an International Military Tribunal) shall be disposed of in accordance with the following priorities: (1) If wanted for trial in the Zone in which he is, he should not be delivered unless arrangements are made for his return after trial elsewhere; (2) If wanted for trial in a Zone other than that in which he is, he should be delivered to that Zone in preference to delivery outside Germany unless arrangements are made for his return to that Zone after trial elsewhere; (3) If wanted for trial outside Germany by two or more of the United Nations, of one of which he is a citizen, that one should have priority; (4) If wanted for trial outside Germany by several countries, not all of which are United Nations, United Nations should have priority; (5) If wanted for trial outside Germany by two or more of the United Nations, then, subject to Article IV 2 (b) (3) above, that which has the most serious charges against him, which are moreover supported by evidence, should have priority. |
| Article V |
| The delivery, under Article IV of this Law, of persons for trial shall be made on demands of the Governments or Zone Commanders in such a manner that the delivery of criminals to one jurisdiction will not become the means of defeating or unnecessarily delaying the carrying out of justice in another place. If within six months the delivered person has not been convicted by the Court of the zone or country to which he has been delivered, then such |
