1938 REICHSGESETZBLATT, PART I, PAGE 1632
Decree concerning the Extension of the Jurisdiction of the Special Courts of 20 November 1938
On authority of Chapter II of the Sixth Section of the decree of 6 October 1931 (RGB1 I, page 537), Article II of the law regarding the reunification of Austria with the German Reich of 13 March 1938 (RGB1 I, page 237) and Article 7 of the decree of the Fuehrer and Reich Chancellor regarding the administration of the Sudeten German territories of 1 October 1938 (RGB1 I, page 1331), the following order is promulgated:
Article I
In cases of criminal acts which belong to the jurisdiction of the Assizes or of a lower court, the prosecuting authorities can bring the charge before the Special Court, if they believe that in consideration of the gravity or the wickedness of the deed, or the possible arousing of popular excitement, an immediate verdict by the Special Court is advisable.
Article II
(1) Under the same supposition in the state of Austria and in the Sudeten German territories the prosecuting authorities can bring the charge before the Court of Appeal in cases of criminal acts which, according to the existing legal procedure in those areas, belongs to the jurisdiction of the Jury Court or of a lower court. This is decided by the appointment of three professional judges.
(2) For the legal procedure the decree of 21 March 1933 (RGB1 I, page 136) is applicable. The Reich Minister for Justice is to be consulted for more precise definitions.
Article III
In the proceedings before the Special Court (Court of Appeals) the period of time for summons is limited to 24 hours.
Article IV
As long as the main deliberation has not yet begun in cases of Articles I and II, proceedings which are pending in the Assizes (Jury Court) or a lower court at the time this decree enters into effect, are to be referred to the Special Court of the prosecuting authorities so proposed.
Article V
This decree becomes effective on the date of publication.
Berlin, 20 November 1938
The Reich Minister for Justice
Dr. Guertner
The Reich Minister of the Interior
Frick
698
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Decree extending the jurisdiction of the Special Courts in the territories of Austria and the Sudetenland now incorporated in the Reich
Authors
Franz Guertner (Dr., Minister of Justice 1932-41)
Franz Guertner
Government minister of Germany (1881-1941)
- Born: 1881-08-26 (Regensburg)
- Died: 1941-01-29 (Berlin)
- Country of citizenship: German Reich
- Occupation: jurist; politician
- Member of political party: German National People's Party; Nazi Party; Q15787248
- Participant in: Aktion T4
- Position held: Baviarian Minister of Justice (member of cabinet: Q1719960, Q1719961, ..., Q1720104; period: 1922-08-04 through 1932-06-01; replaced by: Heinrich Spangenberger); Reich Minister of Justice (period: 1932-06-01 through 1941-01-29; replaced by: Franz Schlegelberger; replaces: Curt Joël)
- Educated at: Ludwig Maximilian University of Munich
Wilhelm Frick (Minister of the Interior; chief of Nazi delegation, Reichstag; admin. Plenipotentiary)
Wilhelm Frick
German Nazi official (1877-1946)
- Born: 1877-03-12 (Alsenz)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; lawyer; politician
- Member of political party: German Völkisch Freedom Party; National Socialist Freedom Movement; Nazi Party
- Member of: AGV München; Thule Society
- Participant in: Aryanization; Beer Hall Putsch; International Military Tribunal (role: defendant)
- Position held: Protectorate of Bohemia and Moravia (period: 1943-08-24 through 1945-05-04; replaces: Konstantin von Neurath); Reichsminister des Innern (period: 1933-01-30 through 1943-08-20; replaced by: Heinrich Himmler; replaces: Franz Bracht); member of the Reichstag of Nazi Germany; member of the Reichstag of the Weimar Republic
Date: 20 November 1938
Literal Title: 1938 Reichsgesetzblatt . . . Decree concerning the Extension of the Jurisdiction of the Special Courts of 20 November 1938
Defendant: Wilhelm Frick
Total Pages: 2
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-2056
Citation: IMT (page 255)
HLSL Item No.: 450227