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Volume III · Page 566
| (2) The lawyer, whose plea was that "we would
be glad if our German prisoners of war would be shown a kindness" shows a total
lack of understanding of the seriousness and significance of this offense. It
is not the business of German women "to show kindness" to prisoners of war, but
they should behave as German women. Decency and honor should bar the least
contact with prisoners of war who are still our enemies. What should women who
have resisted the temptation to which the defendant fell say if they hear a
lawyer express such views? (3) As for the defense counsel, who was "impressed" by the attitude of the Czech industrialists who had bought butter without ration tickets because the defendants "like real German men they took the blame for their wives who were really responsible," all that can be said is that he knows very little about the tasks of a German lawyer. Here again the lack of tact and understanding was not that he tried to minimize the offense. He obviously knows nothing about the situation of ethnic Germans in the Protectorate and about the interests of the German people. To mention a speech by one of the Czech defendants in one breath with a speech by the Fuehrer was — no matter how it was meant — outrageous. Such a thing cannot be excused as an "awkward mistake." Lack of instinct is a feature of one's character. (4) The lawyer who pleaded for a factory owner, accused of an offense against wartime economy, was it is true right in pointing out that the defendant also thought of his workers when he acquired food illegally. As far as this was a fact he even had to point it out. But in disregarding the fact, that the defendant as the sentence of 2 1/2 years penal servitude shows bought considerably for his own benefit, he has violated his duty as defense counsel. Furthermore, in trying to influence and mislead the court by saying "and now condemn the accused" thus demanding the acquittal of the defendant, he went far beyond the limits of a possible and legitimate defense. This suggestion had to give everybody and not least the defendant, too — to whom he should have explained his offense — the impression that the sentence was unfair and as such contrary to the interest of the people. This type of plea does not serve, but damage the administration of law. (5) The next two cases also show that some defense counsel have not yet, in the fifth year of war, recognized the importance of criminal proceedings to war economy. To excuse black market activities with the obesity of the accused can scarcely have been meant seriously and can, of course, not meet with success — except for the bad impression counsel makes. This again cannot excuse |
