The Mazal Library

©MAZAL LIBRARY

NMT03-T1009

NUERNBERG MILITARY TRIBUNAL
Volume III · Page 1009

"Article 5. Main proceeding without public prosecutor — In the proceeding before the district judge, the public prosecutor may renounce his participation in the main proceeding.

"Article 7 (2). The validity of an objection is decided on by the president of the deciding court. The admissibility of an appeal is decided on by the president of the court of appeal (Berufungsstrafkammer) ; he is also authorized to bring about a decision of the court. These decisions are not subject to any proof, and are incontestable.

"Article 7 (3). Further objections will not be admitted."

We have already quoted at length from the decree of 4 December 1941 concerning the organization of criminal jurisdiction against Poles and Jews in the Incorporated Eastern Territories. That decree also contained provisions for the establishment of martial law from which we quote:

"Article XIII (1). Subject to the consent of the Reich Minister of the Interior and the Reich Minister of Justice, the Reich governor may, until further notice, enforce martial law in the Incorporated Eastern Territories, either in the whole area under his jurisdiction or in parts thereof, upon Poles and Jews guilty of grave excesses against the Germans or of other offenses which seriously endanger the German work of reconstruction.

"(2) The courts established under martial law impose the death sentence. They may, however, dispense with punishment and refer the case to the Secret State Police (Gestapo)."

A final step in the development of summary criminal procedure was taken on 15 February 1945 by a decree of the Reich Minister of Justice, Dr. Thierack. The decree provided:

"II. 1. The court martial consists of a judge of a criminal court as president and of a member of the political leader corps, or of a leader of another structural division of the NSDAP and an officer of the Wehrmacht, the Waffen SS, or the police, as associate judges. * * *

"III. 1. The courts martial have jurisdiction for all kinds of crimes endangering the German fighting power or undermining the people's military efficiency. * * *

"IV. 1. The sentence of the court martial will be either death, acquittal, or commitment to the regular court. The consent of the Reich defense commissar is required. He gives orders for the time, place, and kind of execution. * * * " *

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* 1945 RGB1. I, p. 30.

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