. NMT03-T0242
Volume III · Page 242
| [more...] over, it also learns why any
particular sentence has become expedient. The President of the senate is often hampered in conducting the proceedings, because in some particularly important political cases — including cases occurring frequently — the political evaluation of the offense is not always sufficiently shown up with a view to the prevailing situation of the people and of the Reich. If it is sufficient in non-political criminal cases to show up the perpetrator, the deed and the effects of both on the national community and thus to find a just sentence, this is not sufficient for cases tried in the People's Court. With due stress for the political aspect of the case it is necessary to discuss the conditions of the Reich and of the people. When conducting proceedings the president must be able to justify why this particular offense is especially dangerous for the population and the Reich and why it is especially grave. Everybody who is taking part in the proceedings must have the inner conviction when leaving the courtroom not only that the punishment was just but also why it was just. This also and quite particularly applies to the so-called cases of defeatism which from now on will be tried in an increased measure. Likewise, utterances must not be allowed to spring up which, for instance, say that proceedings before a certain senate mean certain death, or that the term "general public" is stretched too far in its legal definition. Whenever such utterances occur they can only be parried by a manner of conducting the proceedings which is superior, calm and — if need be — stone cold. In that case the people must always understand why in these crucial months of the war the instigator deserves death — but not so the gossip monger unless it happened not to be merely silly gossip but a gossip which became dangerous because it was unscrupulous. The above applies in corresponding measure to all other cases tried before the People's Court. I, therefore, would like to ask you, Mr. President, to make a special endeavor especially that only such judges will preside in particularly important political cases, who master the material involved also along political lines and who warrant that they are able not only to pass just sentences but also by their manner of conducting the proceedings to convince those present of the correctness of the sentence. If any difficulties as to personnel should occur here, please let me have your oral report. |
| Heil Hitler! |
| Yours DR. THIERACK |
