. NMT03-T0418
Volume III · Page 418
| The deceased Reich Minister Dr. Guertner, during the last days he was still in office, advised me to examine the question of whether an extraordinary objection should be created for civil as in criminal cases. I have adopted the right of the Chief Reich Prosecutor to ask for the reopening of a case but deliberately with such limitations, that by human standards no offense can be created thereby; this special reopening will only be put into practice in so-called secular cases. |
| With best regards and Heil Hitler! |
| Yours very truly [Signed] DR. SCHLEGELBERGER |
| __________ |
| Enclosure to the Letter of 10 March 1941
from Defendant Schlegelberger to Lammers |
| Draft of a Decree Concerning
Participation by the Public Prosecutor in Legal Proceedings of matters of Civil Law |
| dated. . . . . . . . . . 1941 |
| The Ministerial Council for the Defense of the Reich issues the following decree with force of law: |
| Article 1 |
| (1) The public prosecutor is authorized to
participate in civil law proceedings in order to plead the circumstances which
have to be considered from the point of view of the national community and for
the final judgment. For this purpose, the public prosecutor may be present at
all proceedings and may give his opinion regarding the judgment which is to be
passed. He may submit facts and evidence insofar as this does not affect the
rights of either party with regard to the disagreement. (2) Regulations which already provide for participation by the public prosecutor in matters of civil law, are not affected. |
| Article 2 |
| In matters of civil law where a valid final judgment has been Passed, the Chief Reich Prosecutor at the Reich Supreme Court may, within a year after the decision has become valid, file an application for reopening the proceedings if there are serious legal and factual objections against the justness of the decision, and if he considers new proceedings and a new judgment to be necessary because of the special importance of the judgment to the national community. |
