| (3) The extension of jurisdiction
according to paragraphs 1 and 2 does not apply to matters within the
jurisdiction of the Reich Supreme Court or the courts of appeal.
|
| |
| Article 4 |
| |
(1) The Special Courts are composed of
a president and two associate judges. A deputy has to be appointed for each
member in case of his absence.
(2) The members and their deputies must
be permanently appointed judges of the district for which the Special Court is
established.
(3) The members will be appointed and the distribution of
their tasks undertaken by the presidency of the district court in the district
in which the Special Court is located. |
| |
| Article 5 |
| |
| The prosecutors will be appointed by the
legal administration of the States from those prosecution officials who are
legally qualified for the office of a judge. |
| |
| Article 6 |
| |
| The regulations of the code of criminal
procedure and of the judicature act will apply correspondingly to the
proceedings, provided nothing else has been determined. |
| |
| Article 7 |
| Proceedings may be instituted also before the
Special Court in the district in which the defendant was caught or where he is
in custody. The release of the defendant does not affect this jurisdiction once
it has been established. |
| |
| Article 8 |
| |
| Applications for disqualification of a judge
will be decided upon by the Special Court to which the respective judge is
assigned. For this decision the respective judge is replaced by his deputy. The
deputy cannot be disqualified. |
| |
| Article 9 |
| |
(1) No hearings relating to the warrant of
arrest will be held.
(2) The decisions concerning arrest pending trial
are made by the President of the Special Court. The president of the Special
Court is, apart from the local court, also competent for those decisions,
which, according to articles 125, 128 of the code of |