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| I feel that it is my duty to you, my Fuehrer,
to bring it to the attention of the judges if a decision does not conform to
the opinion of the State leadership. |
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| Heil, my Fuehrer! |
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| [Signed] DR.
SCHLEGELBERGER |
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| __________ |
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[Stamp] 3868 B [Handwritten] 1508/1
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| The Acting Reich Minister of Justice
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Berlin, 10 March
1941 [Initial] L. [Lammers] [Handwritten] 11 March 2
enclosures |
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Dear Reich Minister Dr. Lammers:
In
connection with our telephone conversation of today, I am sending you a copy of
my letter addressed to the Fuehrer.* I consider it of great importance that the
Fuehrer receive this letter as soon as possible. It has come to my knowledge
that just recently a number of sentences passed have roused the strong
disapproval of the Fuehrer. I do not know exactly which sentences are
concerned, but I have ascertained for myself that now and then sentences are
pronounced which are quite untenable. In such cases I shall act with the utmost
energy and decision. It is, however, of vital importance for the administration
of justice and its standing in the Reich, that the head of the Ministry of
Justice should know to which sentences the Fuehrer objects; for nothing is more
dangerous than the creation of a so-called atmosphere, of the causes of which
the Minister of Justice is unaware. That is the reason for my request to the
Fuehrer in the last paragraph of my letter. I repeat, this attempt to establish
a direct contact between the Fuehrer and the Minister of Justice must be made
at once if irreparable damage is to be avoided.
In explanation of the
first paragraph of my letter, I enclose the mentioned draft of the decree,
which is to be provisionally discussed here on the 17th of this month with the
Reich Chancellery. Basic approval has already been received from the Reich
Finance Minister, the Reich Minister of the Interior and the Reich Minister of
Economics. Participation by the prosecuting authorities in civil cases was
already known in Roman law. Nowadays, in the recently published Italian code of
civil procedure, this participation has been extended, following the general
line of my draft, because, as is indicated in the report to the king, a purely
platonic participation is no longer sufficient. |
__________ * The letter to Hitler is
reproduced immediately above
418 |