5 December 1934 in Germany entered into force the “Law on the transfer to the Reich of judicial power” (“Gesetz zur Überleitung der Rechtspflege auf das Reich”, the German text is available here). The actual purpose of this Nazi initiative was to dissolve the local judicial system and centralize the judiciary in Berlin. This strengthened the already unlimited power of Hitler and was the last of the transformations that put German justice under the full control of the Nazis.
After coming to power, the Nazis launched terror against judges
These actions were a logical continuation of the first steps of the Nazis as part of their course towards the judicial branch in Germany. Immediately after coming to power, they took care to put it, in the days of the Weimar Republic, completely independent, under tight control.
For the sake of achieving this goal in the media did not hesitate. Already in April, the 1933 of the year began terror against Jewish judges, as well as any kind of “politically unreliable” who worked in the German justice system. All of these people were fired from the service on the same day by a special order of the Reich Chancellor Adolf Hitler.
Ban on all legal associations and associations, except one
22 April 1933 prosecutor Hans Frank was appointed Reich Commissar for the unification of local judicial power and law and order (his new position was so pompously called).
Literally on the day of his appointment, Frank banned all legal associations and associations in Germany. Their place was taken by the Union of National Socialist German Lawyers (“Bund Nationalsozialistischer Deutscher Juristen”) permitted by the authorities.
What is harmful and what is useful to the German people, the judge decides
The Nazis paid special attention to the position of the German judges. A little later, in 1935, Reichsmarschal Hermann Goering described their functions in the Third Reich: “The judge performs a very important function in our country. It must be a living embodiment of the ideals of National Socialism. The ideal of the German judge is a man of the people who can understand that this people will benefit and harm. "
The vast majority of judges instantly adapted to the new conditions. Dissenters were immediately dismissed or sent to prison. Justice openly began to protect not justice, but the interests of the authorities.
In September 1934, Hans Frank openly admitted this, saying: "As the head of German lawyers, I can say that the basis of the national-socialist state is national-socialist justice. The Führer is the highest authority for us, because we know how sacred for him, the legality and interests of the German people. Remember (here Frank addresses directly to the judges - Pravo.Ru) that including your security and prosperity entirely depend on the prosperity of our state, order, freedom and justice. "
Women have no place in the new justice
German courts quickly turned into a tool to combat political opponents. But not only the Nazis fought against them. Having taken up the purge in the Ministry of Justice, they for a long time took away the right to hold at least some important posts for women.
Back in 1931, the future propaganda minister, Joseph Goebbels, vehemently opposed the representation of the weaker women as judges or lawyers, saying that "women judges are a defiance of the interests of justice." After 1933, a career in the justice system began to order women.
Hitler becomes the main judge
In June, 1934, when Hitler decided to deal with the attack aircraft from the SA Ernst Rehm, it finally became clear that the courts stopped playing any serious role when it came to the interests of the top of the Reich.
When it became necessary to get rid of the attackers who had become too independent, the SS and the Gestapo simply gave a blank check for their extermination without trial. Speaking to the Reichstag, Hitler explained his decision: “The insurrection was always suppressed with an iron hand. If someone asks me why we didn’t attract the courts (to fight attack aircraft - Pravo.Ru), I will answer that at that hour for the fate of the German I am personally responsible for the whole people, so only I can judge and give orders. I ordered to shoot the heads of the rebellion and burn out their ulcers with a hot iron. "
The killings officially began to justify the "state necessity"
German justice in such a situation could only obey Hitler and give his decision legitimacy. For this, a special law was passed (its German text is available here), where the killings of attack aircraft, carried out from 30 June to 2 in July of 1934, were explained by "state necessity", and therefore declared legitimate. This law, in addition to Hitler, was obediently signed by the Minister of Justice of the Third Reich, Franz Gürtner.
The specially created People’s Court of Justice has become an instrument of terror.
Such a novel (like all previous ones) did not cause any particular protests. And in order to make even potential dissenters reconcile and silence, in the year 1934 in Leipzig created the People's Court of Justice, which began to consider political affairs. Needless to say, nobody really cared about the procedural side, and the judges of the People's Chamber were appointed personally by Hitler.
In the 1939 year, when World War II began, this institution turned into the most effective tool of terror and struggle against those who disagree. And there is no doubt that the rapid and successful collapse of the judicial system by the Nazis in the form in which it existed in the Weimar Republic served as the foundation for this.