English Translation

182 sources, should have been a national socialist legal perception, as it finds its expression particularly in the NSDAP programme and in the leader's statement. (503) Accordingly, the judge should have followed not only the wording of the legislation, corrected by normal interpretation methods, but above all the so-called. the national feeling (Volksempfinden), which enabled him to decide against the provisions contained in it, if it was in the German national interest. The priority was not the wording of the law, but the result, which was achieved by comparing the case with the basic maximum of German law, i.e. the concept of justice in the sense of the nationalist world opinion. In the event that this would be necessary for the implementation of the rule of law, he was even obliged to freely, without analogy, to find the right to add gaps in the law (gesetzliche Wertungslücken) (504), which may not have occurred too often in the Protectorate, because the tangle of different legislation contained a sufficient number of very wide general clauses, or if even this had not been enough to justify the procedure without regard to the applicable law. These approaches, as P.Maršálek writes, have also found theoretical justifications in the doctrine of double law about imperfect positive and its perfect and complete foreshadow, the law of innate. In the application practice, they reflected in particular in the fact that priority was given to the right over the legal certainty (Rechtsrichtigkeit vor Rechtssicherheit) and its development over the stability (Rechtsfortbildung vor Rechtsbeständigkeiteit). It was on this dualistic position that a fundamental refusal of analogy was based, since its use in filling the gaps in the law would actually mean unnecessary detour or brake. (505) In the name of this national interest, the only thing that really matters is the implementation of the political objectives of the Nazis presented to the world by their propaganda as a German national interest. (506) In German law, the principle of nullum crime, nulla poena sine lege, equality before the law, proportionality of punishment, on the contrary, was to judge according to a healthy national feeling and condemn those actions not contained in criminal standards. And I'm a political soldier of my leader Adolf Hitler... declared Dr. Roland Freisler at a time when he was already feared president of the Volksgerichtshof.