. NMT03-T0214
Volume III · Page 214
| 2. EXTRACTS FROM THE "BASIC INFORMATION" |
| A BRIEF SUMMARY OF THE COURT SYSTEM* |
| Following the practice of most continental nations, German law (based primarily on Roman law principles) is largely enacted into codes. The criminal code dates from 1871, and the code of criminal procedure from 1877. Before Hitler's seizure of power, the individual German states (Laender) retained their sovereignty in the administration of justice and the establishment of courts. There was, however, a Supreme Court of the entire German Reich (Reichsgericht), which sat at Leipzig. Under the Supreme Court, there were 34 district courts of appeal (Oberlandesgerichte), established in the several states and provinces. Under the district courts of appeal were some 180 district courts (Landgerichte) and about 2,200 local courts (Amtsgerichte). Both the Judicature Act of 1877 and the Weimar constitution (article 102) provided that the courts and judges should be independent. The general administration of the courts, however, was controlled by the Justice Ministries-the Reich Supreme Court by the Reich Ministry of Justice and the intermediate and lower courts by the Justice Ministries of the individual states. The Reich and state prosecutors were appointed and controlled by the respective Reich and state ministries. |
| * * * * * * * * * * |
| The regular courts. Original
jurisdiction, both in civil and criminal matters, was divided between the local
courts and the district courts. The local courts served for civil cases where
the claim did not exceed 1500 reichsmarks, and criminal cases where the crime
was punishable with penal servitude up to 5 years. Cases where these limits
were exceeded were brought originally in the district courts. The appellate procedure was much simplified as a war measure in 1939. Criminal cases heard in the local courts could thereafter be appealed to the district courts, and criminal cases heard originally in the district courts could be appealed directly to the Reich Supreme Court. Civil cases from the local courts could be taken on appeal directly to the district courts of appeal; civil cases from the district courts could be appealed to the district courts of appeal and thereafter to the Reich Supreme Court. |
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* This summary and the following two charts are part of the "Basic Information" submitted by the Prosecution at the beginning of the case as an aid to the understanding of the evidence to be later submitted.
