. NMT03-T0406
Volume III · Page 406
| (3) If the first sentence was passed by the
People's Court, the objection is to be filed by the Chief Reich Prosecutor at
the People's Court, and the second trial is to be held by the special senate of
the People's Court. The same applies to sentences of courts of appeal in cases
which the Chief Reich Prosecutor at the People's Court has transferred to the
public prosecutor at the court of appeal, or which the People's Court has
transferred for trial and sentence to the court of appeal. (4) If there is a connection with a case which is under the jurisdiction of the military courts, the proceedings can be transferred to the jurisdiction of the armed forces by agreement between the Reich Minister of Justice and the Chief of the High Command of the Armed Forces. On the basis of the objection the case will then be decided by the special senate of the Reich Supreme Military Court (art 410b of the Military Code of Criminal Procedure). |
| * * * * * * * * * * |
| Fuehrer Headquarters, 16 September 1939 |
| The Fuehrer and Reich
Chancellor ADOLF HITLER |
| The Reich Minister of Justice
DR. GUERTNER |
| The Chief of the High Command
of the Armed Forces KEITEL |
| EXTRACTS FROM THE TESTIMONY OF
DEFENDANT LAUTZ CONCERNING THE EXTRAORDINARY OBJECTION* |
| DIRECT EXAMINATION |
| * * * * * * * * * * |
| DR. GRUBE (counsel for defendant Lautz) :
When, in effect, did you assume your office as Chief Reich Prosecutor at the
People's Court? DEFENDANT LAUTZ: Due to illness, I only assumed office on 20 December 1939, in Berlin. |
| * * * * * * * * * * |
| Q. * * * Witness, first of all what general remarks do you have to make on the subject of the extraordinary objection? |
* Further extracts from the testimony of the defendant Lautz is reproduced below in section V E. His entire testimony is recorded in the mimeographed transcript (23, 24,25, 28 July 1947, pages 5761-5775, 5781-6054).
