. NMT03-T1119
Volume III · Page 1119
| Berlin. He joined the NSDAP in May 1933.
During the period of his service the "higher officials" under his supervision
increased from 25 to about 70. The office originally consisted of four
departments which were later increased to five to correspond with the number of
senates of the People's Court. After the enlargement of the department there
were five public prosecutors and one senior public prosecutor in each
department. The defendants Barnickel and Rothaug were among the senior public
prosecutors under the general supervision of the defendant Lautz. The crimes
with which his office dealt were those over which the People's Court had
jurisdiction. Of particular interest here were the prosecutions for undermining
the German defensive strength, high treason and treason, cases of attempted
escape from the Reich by Poles and other foreigners, and NN cases. A great number of prosecutions were brought under the decree of 17 August 1938 which provides that "Whoever * * * openly seeks to paralyze or undermine the will of the German people or an allied nation to self-assertion by bearing arms" should be punished by death. This was the law which effectively destroyed the right of free speech in Germany. The prosecutor's office was required to handle approximately 1,500 cases a month involving charges of this type. Under supervision of the defendant Lautz all of these charges had to be examined and assigned for trial to the People's Court in serious cases, or to other courts. In the cases which were assigned to the People's Court for trial "there was always the possibility that the death sentence would be pronounced." The defendant Lautz instructed his subordinates that only those cases were to be retained for trial before the People's Court in which it was "possible to assume full responsibility if the People's Court senate pronounces the death sentence." Lautz did not shirk responsibility for the acts of his deputies. He testified that the signature of his deputy "meant, of course, that I assumed responsibility for that matter." In connection with the work of his department it was the duty of the defendant Lautz to sign all indictments, all suspensions of proceedings, and all reports to his superior, the Minister of Justice. This work assumed such proportions that it became necessary to delegate parts thereof to his subordinates, but the defendant Lautz required that important matters be reported directly to him. In partial explanation of his activities and motives in connection with his enforcement of the law against undermining the military efficiency of the nation, Lautz stated: |
"Just as I think it is a good thing that no one today can claim that this war was lost only through treason, I must also |
