Your prosperity, judges, depends on the prosperity of our state.

6
Your prosperity, judges, depends on the prosperity of our state.


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.
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  1. +3
    1 February 2013 10: 58
    “Speaking before the Reichstag, Hitler explained his decision as follows:“ Rebellions have always been suppressed with an iron hand. If someone asks me why we did not involve the courts (to fight the stormtroopers - Pravo.Ru), I will answer that at this hour I am personally entirely responsible for the fate of the German people, therefore only I can judge and give orders. I ordered to shoot the heads of the rebellion and burn out its ulcers with a hot iron. "

    Guantanomo, Abu Ghraib, the fight against terrorism, do not find an analogy?

    "in 1934, the People's Court of Justice was created in Leipzig, which began to consider political cases. "

    Internationally, the Hague Tribunal.
    1. AlexW
      +1
      1 February 2013 18: 16
      VladimiretsIn the interests of stability and world order, bombing the unwelcome ones. How many Kurds did Saddam Hussein kill there? - 123! bastard, urgently invade Iraq, seize, execute! And the fact that at the same time hundreds of thousands perished and continue to die is not important - "justice" has triumphed. Libya, Syria, Iran, something is not there, how it behaves ....... In Venezuela, and in Russia, there is something wrong with human rights ............
  2. borisst64
    +3
    1 February 2013 11: 10
    And our judicial power through the Constitutional Court makes changes to the laws in favor of ourselves relatives. Especially for retirement benefits. I regularly learn about the introduction of new and new financial payments to judges and ask - how long?
  3. +1
    1 February 2013 16: 24
    to be at the waterhouse and not to get drunk? Not only are the payments different and considerable, but also the invulnerability of the law. What they guard is what they have, and they share it with friends. (Of course, they have a law in the literal and figurative sense). Not only are laws for us - that drawbar - turn wherever you want, but the pillar - getting around is simple. So also the judiciary is not the most bashful (modest)
  4. +2
    1 February 2013 19: 21
    From the article "Justice openly began to protect not justice, but the interests of the authorities."
    In Ukraine, I have a doubt that at least one judge does not protect the interests of those in power. From personal experience:
    1. The judges, at the request of a venerable man, took my apartment away without any compensation. Art. 41 of the Constitution, the Prosecutor's Office makes procedural sabotage, so as not to consider this case.
    2. Oblenergo without the owner’s permission breaks into the apartment to disconnect the consumer from a single source of energy in a 30 degree frost. Art. 30 of the Constitution, the Prosecutor's Office and the court claim that they have the right to do so.
    3. In court, the judge agrees with the bank representative what decision he needs. Art. 126 of the Constitution
    4. Vodokanal in violation of the Cabinet’s decree requires the consumer to pay 200 hryvnias more. The court says that the Cabinet’s decision in Kirovograd does not apply to our local laws.
    5. The bank manager proves that they are preparing the decision to the judge. Judges only read out decisions.
    And now you are wondering how to protect your property if you are not an oligarch and do not have hired mongrel to protect your good.
    What to do? How to protect yourself from arbitrariness?
    1. sq
      0
      1 February 2013 23: 19
      A bike about a grandfather-partisan and a village council has been walking around Belarus for a long time. In the years 60-70s in one of the villages, a grandfather-veteran came to the village council with a request, they say, lonely I, help to block the roof with slate. Well, they answer him that, you say, grandfather has no money, we can’t help you. You would be sitting at home. And he went like a spit. Then, in two weeks, the village council was blocked with a brand new slate. Well, the grandfather here is rolling out a forty-fifth heap and direct fire on the roof of the village council. I won’t tell about the further, I heard it a very long time, and they told who what.

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