STÁTNÍ TAJEMNÍK U ŘÍŠSKÉHO PROTEKTORA V ČECHÁCH A NA MORAVĚ, PRAHA, inv. 1848, sig. 109-5/76 (poškozeno) Page 8 · 8 of 31
STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 1848, sig. 109-5/76 (damaged)
English Translation
4a) In order to recognize that every former opinion here, under the judicial restraint of the police, was understood to be serious dangers for independence, that the judge had to lead only to the security of the empire. "The judicial authority is thus exercised by the tension between the criminal justice system and by independent judicial measures which are subject to the law only to the additional or corrective measures of the courts", states § 1 of our current police, due to the fact that the empire is still formally in force in a change in its view of the law. Judicial independence has been established and that, in terms of the concept of freedom from instructions of a different agreement between criminal justice and the demands of the authorities than of the law in the decision of National Socialism in law and jurisprudence in cases of law and in the organization of the procedure serving the time of the decision-making war between Europe. Secured and Asia falls. As soon as we are able to compensate for this independence through the irreplaceableness and between the purpose of our order of life and the desirability of the judge: the judge was able to exercise the right of this order of living against his will only by virtue of judicial decisions and, above all, we are a judge on political decision and only for the reasons and under the functions of criminal justice, who determine the laws, possess his office, the current or another place or in the extraordinary measures of the police will be taken on our own initiative. There is no doubt that, in addition to the punitive measures of the criminal sanctions, these two safeguards of judicial indiscriminate police measures will be necessary in the course of the development since 1933. In any case, ideas, but then more recently also practical, are being eliminated with increasing recovery. Today, the judge can also be made aware of his will against our legal system, a possibility which permeates the people, that it must not be regarded as directed against the judge already in the course of the war, but as a necessary supplement to the need for the power of the judiciary to be allowed to function in the judicial field. The judge may also, under certain conditions, be deprived of the alleged legal uncertainty which, in particular, shall be suspended even without the judgment of his office in legal circles with the police measures. The one basis for this is brought together, if one considers it to be constituted by the German Civil Service Act, according to which the s t c s t leader of every official, even a judge, without a fortiori influenced imagination, currently retired for official criminal proceedings, certainly cannot have a limited effect on this measure, if he no longer provides the guarantee for it; for I could at any time say that he irrevocably for the National Socialist to you dozens of examples, where the working state will enter; the other, with the competence of the judiciary, deserves this "proceeding at least in the same known authority for the leader of 26.4.1942 measures. The time and again to be ascertained has been created. According to this, in its uniform case law, the Führer, in certain capacity as supreme courtlor, is at all times in the breaking groups, the diversity in the penal situation, each judge, as it is said, "with all the means, according to the local and mentally different, which appear to him to be appropriate for the fulfilment of his appointment of judges, to stop his duties in the people and, in the event of violation of this obligation, to hold the feeling of legal certainty, at least in the same manner as in some respects, after careful examination, on the extent to which the so-called well-acquired rights with the police operate. The reason for this, therefore, lies in my acknowledging atonement for the fact that, in particular, it is far less in the nature of the procedures prescribed in each case from its actions, rather than in human inadequacy, from its rank and position, which can be found here and there. In this respect, in all cases, the judicial system has the advantage, in practice, of abolishing the two sequestrations referred to above by means of a body of civil servants of judicial independence. I have already stated that we also do not recognize the fact that the judge's commitment to the law is based on a uniform basic attitude, thanks to a politically strong leadership and I had already stated. This is true both in the sense, directed, a fact which guarantees a broad agreement of its activity with the political as we attach to the law the attachment to the National Socialist world view preceeding necessities. But it is precisely this that has affected us, as well as the fact that we are denying the independence from the state expressed by the judiciary, and precisely in this context. The other problem which I have raised within the framework of my own initiative is the question of whether, after all, we want to deal with the subject, particular importance can be attached to judicial independence at all, namely, judicial independence. How the concept of legal certainty can be seen from the fact that the judge attacked the independence of the judge only out of which in his work no instructions are subject. Political situation of a time understand. I have already mentioned this, for example, in the decree of the Führer, and I need only briefly to state here the main features of the judicial years 1941. The judge has to describe his independence as liberal decision according to free, out of the whole factual idea, in order then to discuss the moderate and actual changes carried by the state-created production and by the ideas of the National Socialist world view, which have since come into being by National Socialism. It should be made clear that: