. NMT03-T0232
Volume III · Page 232
| (2) Decisions of the People's Court are made
by five members during the trial, by three members outside the trial. This
includes the president. The president and one further member must be qualified
judges. Several senates. may be established. (3) The prosecution is represented by the Chief Prosecutor of the Reich. |
| Article 2 |
| The members of the People's Court and their deputies are appointed for the duration of 5 years by the Reich Chancellor at the recommendation of the Reich Minister of Justice. |
| Article 3 |
| (1) The People's Court is competent for the
investigation and decision in the first and last instance in the cases of high
treason according to articles 80 through 84, treason according to articles 89
through 92, assault against the Reich President according to article 94,
paragraph 1 of the criminal (penal) code, and the crimes listed in article 5,
paragraph 2, No. 1 of the decree of the Reich President for the protection of
people and State of 28 February 1933* (Reichsgesetzblatt 1, p. 83). In these
cases the People's Court also make the decision listed in article 73, paragraph
1 of the judicature act. (2) The People's Court is also competent in such cases where crimes or offenses subject to its competency constitute at the same time another crime or offense. (3) If another punishable act is in factual connection with a crime or offense subject to the jurisdiction of the People's Court, the proceedings against the perpetrators and participants of the other punishable act may be brought before the People's Court by way of combination. |
| Article 4 |
| (1) The Chief Reich Prosecutor can transfer the prosecution of the crimes of preparation of high treason listed in articles 82 and 83 of the penal code and of the treasonable offenses listed in articles 90 b through 90 a of the penal code to the prosecutor at the court of appeal. The Chief Reich Prosecutor can withdraw the transfer before the opening of the investigation. (2) In the cases mentioned in paragraph 1 the People's Court can transfer the trial and decision to the court of appeal, if the Chief Reich Prosecutor requests this when filing the indictment. (3) Article 120 of the judicature act applies accordingly. |
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* This decree is reproduced on p. 160.
