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IV. GENERAL DEVELOPMENT OF GERMAN LAW
DURING THE NAZI PERIOD
A. Introduction Throughout the trial and in the judgment of the Tribunal, references
were frequently made to various laws and decrees issued during Hitler's Third
Reich. Some of these laws and decrees were introduced by the prosecution, some
by the defense, and some by both the prosecution and the defense. Most of these
laws and decrees are relevant in connection with more than one of the principal
issues of the case. Hence, with respect to laws and decrees selected for
publication herein, it has often been difficult to decide where a particular
law or decree should appear within the sections of this volume. To reduce the
complexity of this matter, more than 30 laws and decrees have been reproduced
together in the chronological order of their promulgation, (Section B,
"Selected Laws and Decrees, 1933-1944.") A number of other laws and decrees
appear in the later sections of the volume. In a further effort to reduce the
difficulties inherent in this situation, cross-references by way of footnotes
have often been made to laws or decrees mentioned in the documents and in the
testimony.
Since the main issues of the case involved the organization
and administration of justice in the Third Reich, it was also thought
appropriate to include early in the volume some general materials on the
organization of the Reich Ministry of Justice and the German judicial system
(sec. C). First appears a brief excerpt from the testimony of the defendant
Mettgenberg concerning the position and responsibility of leading officials in
the Reich Ministry of Justice (sec. C1). This is followed by parts of a "Basic
Information of justice (sec. C2). This "Basic Information" was submitted by the
prosecution at the beginning of the trial not as evidence, but rather as an aid
to the understanding of the evidence later submitted. The parts reproduced
herein include a "Summary of the organization of the administration of justice
in Germany" and two charts purporting to show graphically the structure of the
regular and extraordinary courts and the main positions held by the defendants
in the over-all administration of justice. The next following materials are all
contemporaneous documents, principally laws and decrees, concerning the
establishment and functioning of the Special Courts (sec. C3), the People's
Court (sec. C4), the hereditary health courts (sec. C5), and civilian courts
martial (sec. C-6).
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