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Volume III · Page 405
| [cere…] mony. It is a fact,
in any case — and this is why the people who worked for me also knew about
these occurrences-that the matters which were discussed there, without
exception, I believe, I had also discussed with them and among them. Thus, I
had no thought of violating any secrets or any pledges of secrecy. Q. What was the status called that you had with the SD? A. In former times I never worried about that because for me it was not a question of practical importance as to what I would be designated as, since I had agreed to hold conversations of the type that I used to carry on with Elkar. Thus, in former times, there was no need to have some kind of a rank for that, or whatever you want to call it. Q. Did you ever become a member of the SS? A. I was never a member of the SS. |
|
| * * * * * * * * * * | |
| b. New devices to change final
court decisions — The "Extraordinary Objection" and the "Nullity Plea" |
|
| PARTIAL
TRANSLATION OF NG-715 PROSECUTION EXHIBIT 112 |
|
| EXTRACT FROM LAW,
16 SEPTEMBER 1939, AMENDING REGULATIONS OF GENERAL CRIMINAL PROCEDURE,
MILITARY CRIMINAL PROCEDURE, AND THE PENAL CODE |
|
| 1939 REICHSGESETZBLATT, PART 1, PAGE 1841 | |
| * * * * * * * * * * | |
| Part 2
Extraordinary Objection [Ausserordentlicher Einspruch] |
|
| Article 3
Extraordinary Objection to final judgments [rechtskraeftige Urteile]* |
|
| (1) Against final penal
sentences the Chief Reich Prosecutor at the Reich Supreme Court can file an
objection within I year after the sentence has become final, if, because of
serious misgivings as to the justness of the sentence, he deems a new trial and
decision in the case necessary. (2) On the basis of the objection, the special penal senate of the Reich Supreme Court will try the case a second time. |
|
*In German legal terminology a judgment or an interlocutory ruling is described as "rechtskraeftig" if all regular means of opposing or altering it (by such means as objection and appeal) have been exhausted, or if the period of time within which objection or appeal can be taken has lapsed. The term "rechtskraeftig" to this trial, Justice Case, was usually translated as "final:"
907802 —51 — 28
