NĚMECKÉ STÁTNÍ MINISTERSTVO PRO ČECHY A MORAVU, PRAHA (1906) 1939 - 1945 (1965), inv. 425, sig. 110-4/272 Page 43 · 43 of 73
Germany's MINISTRY for Chechnya and Moravia, PRAGUE (1906) 1939 - 1945 (1965), inv. 425, sig. 110-4/272
English Translation
33 The jurisdiction of the People's Court of Justice for the judgment of criminal cases from the Protectorate rests on § 1 para. 2 of the Ordinance on German jurisdiction in the Protectorates of Bohemia and Moravia of 14 April 1939 (RgBl. I p. 752). After that, the German jurisdiction is exercised in the protectorates, among other things, by the Peoples' Court. The transfer of high and state treasons "nothing of importance" - by the way also recognized by them on death penalty - to this Higher Regional Court is derived from the jurisdiction of the People's Court and by § 5 of the Jurisdiction Order of 21 February 1940 (ETUCl. I p. 405) in conjunction with the AV. of the RJM of 7 July 1941 ("Deutsche Justis" p. The fact that the criminal cases assigned to the Volksgerichtshof and the above-mentioned Öberlandesgerichten are not judged by a special court in the Protectorate, by the German Higher Regional Court in Prague, can only be attributed to technical reasons, in particular to the kangel of the necessary detention area and to general considerations of the Reichsssicherheit. It is therefore m.B. In the absence of a legal basis, it is more technical that these political crimes are judged by courts with the sits outside the Protectorate, which are transferred to jurisdiction in the exercise of the right of grace in those criminal cases which, for me, are of particular political importance to the representative of the head of the Reich in the Protectorates of special interest and to the German Minister of State for Bohemia and Mühren as a proposed body. But it is precisely the treasons of the protectorate that attach the greatest political importance, especially insoveit, that the decision of grace is a means of political control of this area. It cannot therefore correspond to the rejections of the leader as well as to the political necessities, when the Reich Minister of the Juetis puts it precisely in these matters on the formal and more accidental "Sita" of the courts and thus wants to withhold from me to a considerable extent the right granted to me by the Führer. The opinion of the Reichaminister of the Justis is also purely right-wing wmso less tenable than the Volksgerichtshof and thus the Oberlandesgerichte, which had been replaced in Sschen of "minor importance", exercise German jurisdiction according to the established wording "in the Protectorate".