English Translation

In addition, we cannot defend a different view of the judge's freedom of decision from the national position of the Judge. Our opponents are therefore right in so far as there is still a need for further consideration, however, how judicial independence in the old sense goes far with us the prohibition of giving the judge instructions no more. The judge must give without influence of. This question can rightly be judged only from an inconspicuous external influence. This demand is answered by us, too. But it is dependent on National Socialism, and with it, we were in judicial circles a very short time ago, he was again in the midst of the people. As we recognize the prevailing opinion that it has with the judicial one that the liberal concept of legal certainty is incompatible with independence, that the criminal judge also recognizes with the alienation of the people from it by reference to certain cases, for example, to reprimand that his case law is generally too mild or too strict and that for the future people are expected to bring a different attitude. Such, so that one is said, must not happen in the finest cries of National Socialism. A general invitation to the administration of justice to impose sharper penalties on certain types of crimes would also be inadmissible, according to the general public, because it is precisely the judge who wants judges to be subject to the law. tsesensend of the Now, this view has been ad absurdum in the war without before it. It is clear that the administration of justice has to fulfil its functions. The activity of the last speech, for example, is a criminal judge. It is clear that the decision of the political judge is always decisive, since a living with a formal right, but that Germany e, that the political leadership must live, no matter how formal an opinion on these decisions may conflict with that of the judiciary". And if Frank, in his speech, shouted out politically false decision-making on 1.7.1942: "I will not get tired, will take. shake up everything and also raise up the so much reviled ne of the political leadership on German judges again and again. I judge is not under, however, I have never been so proud of the profession of judge. It can be widely known, as in the times when one believes that a politico- and state-of-the-art turf can be emptied out in a uniform way in the judiciary", we have the following to say. As the experience shows: No one who is seriously concerned about the clarification n is this not the case. In the absence of political questions in our legal life, the purpose of its judges is to criticise the judge for denouncing the political and ideological jurisprudence as such, or for choosing the question. As a result of the interpretation of his mandate within the framework of the People's Order, the mediation of a nationalization must also be disputed or reduced. The fact that the individual judge did not dispute the justification of such a criticism without difficulty proves once again that the misdevelopment could have found the right decision in the individual personnel policy within the judiciary in its case. In this second point, one has to point out in particular that one must look at the unpolitical, deeper cause of the withdrawal of the legal position of a skilled person who has not succeeded in giving his or her job to the unacquainted with politics the right to stop alleged necessity, and also to give a judgment in purely technical matters. We must now point out that the influence on the activity of the individual, on the other hand, must always be pointed out to a criminal judge from above in an unusual way, that the factual criticism of the judge did not have to be increased to a certain extent. First and foremost against his professional activity, but, Our intelligence experience was where it is necessary, against his political development. We have made point of view. The right is not always the opinion that only the lawyers and the judicial independence in involving the individual judge can only give from political demands of the national level of directives, right is this again the matter of the even disparate National Socialist. It is so closely linked to the internal one, relying on the preconditions, that legal thinking must inevitably be taken of a criticism if these ideas are to be based on an ande-socialistic view of the world by the non-legal Vol. Here again the world's judges will have to reckon, the condition of the spiritual dissociation will be clear to Catholicism.