. NMT03-T0215
Volume III · Page 215
| Under the impact of the war and the resulting
shortage of judges and judicial personnel, a decree in September 1944 further
curtailed the right of appeal and entirely eliminated the judicial functions of
the district courts of appeal. The Reich Supreme Court was the court of first and last instance for cases of treason against the Reich but, as set forth below, in 1934 this function was absorbed by the People's Court. Extraordinary courts. Immediately after the seizure of power, by a decree of 21 March 1933,¹ Special Courts (Sondergerichte) were established in order to combat the activities of opponents of the new regime. One Special Court was established within the area of each district court of appeal. Each court was composed of a president and two associates, drawn from the professional judges of the district. The Special Courts were given jurisdiction over various crimes, including inciting to disobedience of governmental orders, crimes in the nature of sabotage, and acts "contrary to the public welfare." There was no appeal from decisions of the Special Courts. The following year, the People's Court (Volksgerichtshof) was established by the law of 24 April 1934.² The People's Court tried cases of treason, which were withdrawn from the jurisdiction of the Reich Supreme Court. During the following years, the jurisdiction of the People's Court was vastly increased by the expanded concept of treason. The People's Court sat in six divisions, or "senates"; later on, a "special senate" was created to re-try cases where, in the judgment of the Chief Public Prosecutor of the Reich, an insufficient punishment had been imposed. Ordinarily a senate of the People's Court was composed of five judges, of whom two were professional judges and the other three were laymen specially appointed from the SS, the armed forces, and the Nazi Party hierarchy. There was no appeal from decisions of the People's Court. |
| * * * * * * * * * * |
| Other special tribunals established under the third Reich included the "hereditary health courts"³ (Erbgesundheitsgerichte) and in 1945, emergency civilian "courts martial" 4 (Standgerichte) in those parts of Germany which were near the front lines. |
| * * * * * * * * * * |
¹ This decree is reproduced on p. 218.
² This decree is reproduced on p. 231.
³ For further information on this subject, see contemporaneous documents below in section C5.
4 The decree on court martial procedure is reproduced below in section C6.
