. NMT06-T0161
Volume VI · Page 161
| criminally responsible. This question in
particular will have to be examined under the legal aspect of the form of
participation as defined in Control Council Law No. 10, Article II, paragraph
2. Without doubt it is here a matter of the wordings of the law which, in their general setting and lack of precision, call for our attention as lawyers. I should like, therefore, at this time, to point to the fact that proof of individual participation is absolutely necessary. It must be proved that my client knew the incriminating action to be a crime, and either collaborated in it or incited it. It must be proved that he gave his consent for the specified crime. In this connection, however, such consent cannot constitute a general sanction, but a possible consent can only be regarded as participation in a crime if he supported and promoted the alleged perpetrators in their criminal intention by this consent, and in this way contributed to the deed in the form of an action of participation. It will be proved by the defense that even the first prerequisite, namely, the existence of criminal facts in cases of Aryanization, is lacking, and further, that in the case of my client a form of participation in the sense of criminal law does not exist. The principles of actual and legal confirmation hold good for the third case, in respect of which my client is accused and which the prosecution in count two of the indictment has described as "spoliation in the occupied territories." It concerns the cases of Rombach, Dnjepr Stahl G.m.b.H., and Vairogs. Here the prosecution, as far as Konrad Kaletsch is concerned, has contented itself with general declarations, without showing in detail the facts of the case which would render possible the establishment of his personal and criminal guilt. In the open speech of the prosecution it is only quite generally asserted that Kaletsch was guilty together with Flick, Burkart, and Weiss. I shall comment upon the few documents submitted by the prosecution which concern my client on this count. I shall likewise reserve the legal part of my detailed arguments concerning this problem of international law for my concluding speech. I hope thus to be able to prove to the Court by my submission of evidence that Herr Konrad Kaletsch is not guilty in the sense of the indictment. |
| F. Opening Statement for Defendant Weiss* |
| DR. SIEMERS: May it please the Tribunal.
On the occasion of the Bavarian Export Exhibition, Mr. Kenneth E. Dayton, the Deputy Director of the Military Government for |
* Transcript pages 3960-3974, 18 July 1947.
