 |
| crimes against peace) as defined in Control Council Law No. 10, and
are individually responsible for their own acts and for all acts committed by
any persons in the execution of such common plan or conspiracy. |
| |
“The acts and conduct of the
defendants set forth in counts one, two and three of this indictment formed a
part of said common plan or conspiracy and all the allegations made in said
counts are incorporated in this count.” |
The prosecution concedes that the Tribunal has no jurisdiction
of a conspiracy to commit war crimes and crimes against humanity as substantive
offenses and, hence, so much of count four as appears to charge those offenses
may be disregarded.
For many years prior to May 1945, the Krupp concern
was one of Germany’s greatest vertical combinations in the field of heavy
industry. From 1904 to December 1943, Fried. Krupp, AG., a private limited
liability company, was at the apex of the combination. Bertha Krupp owned all
but five shares of Fried. Krupp, A.G. These were distributed by way of
compliance with legal requirements and were kept under strict control so that,
to all intents and purposes, Bertha Krupp was the owner of the entire business.
In December 1943, the corporation was dissolved and pursuant to the
provisions of a governmental decree, known as “Lex Krupp”, Alfried
Krupp von Bohlen und Halbach, the son of Bertha Krupp and her husband, Gustav
Krupp von Bohlen und Halbach, became the sole owner and proprietor of the whole
business, presumably as a gift from his mother. Thereafter, the business was
known simply as Fried. Krupp.
The Fried. Krupp, A.G., and in turn the
private firm, owned and controlled directly and through subsidiary holding
companies a number of coal, iron, and steel enterprises, and armament plants,
including a shipbuilding yard. Mines, collieries, transportation companies,
development and research companies, and miscellaneous enterprises were carried
on by subsidiary concerns. From the evidence so far introduced the operation of
Fried. Krupp, A.G. as well as of the entire Krupp concern seems to have been
vested by the general corporation laws in the Vorstand of Fried. Krupp, A.G.
The exercise of its authority, however, was subject to review and control by
the Aufsichtsrat.
Prior to the dissolution of the corporation in
December 1943, its affairs in their many ramifications were dominated and
controlled by Gustav Krupp as the representative of his wife, Bertha Krupp.
Thus, as said in the prosecution’s brief, “Gustav Krupp, because of
his control over the stock of Fried. Krupp, A.G., and his Position as chairman
of the Aufsichtsrat, had absolute power |
403 |
. 
