| II |
| |
1. The court martial consists of a judge of a
criminal court as president and a member of the Leadership Corps [of the Nazi
Party], or a leader of a unit affiliated with the National Socialist Party, and
of an officer of the armed forces, the Waffen SS [armed SS] or the police, as
associate judges.
2. The Reich defense commissioner appoints the
members of the tribunal and designates a state attorney as public
prosecutor. |
| |
| III |
| |
1. The courts martial have jurisdiction for
all kinds of crimes endangering the German fighting power or undermining the
people's fighting strength and will to fight.
2. For these proceedings,
the regulations of the code of criminal procedure will be
applied. |
| |
| IV |
| |
1. The sentence of the court martial will be
either death, acquittal, or commitment to the regular court. The consent of the
Reich defense commissioner is required. He gives orders for the time, place,
and kind of execution.
2. If the Reich defense commissioner is not
available, but the immediate execution is indispensable, the public prosecutor
is authorized to act in his place. |
| |
| V |
| |
| The necessary regulations for amendment,
changes and execution of this decree are issued by the Reich Minister of
Justice in agreement with the Reich Minister of the Interior and the chief of
the Party Chancellery. |
| |
| VI |
| |
This decree goes into effect immediately
upon its promulgation over the radio.
Berlin, 16 February 1945
|
| |
The Reich Minister of Justice
THIERACK |