On the basis of Chapter II, Part 6 of the third decree of the Reich President to safeguard economy and finances and to combat political excesses, of 6 October 1931 (Reichsgesetzblatt I pp. 537, 565) the following is decreed.
Section 1
(1) A special court will be created for the district of each court of appeals.
(2) The special courts are courts of the State [Land].
(3) The legal administration of the State [Land] determines the seats of the special courts.
Section 2
The special courts have jurisdiction over crimes and felonies enumerated in the decree of the President of the Reich for the defense of people and state, of 28 February 1933 (Reichsgesetzblatt I, p. 83) and in the decree relating to the defense against insidious attacks against the government of the national revolution provided that such offenses are not within the jurisdiction of the Supreme Court or court of appeals.
Section 3
(1) The special courts also have jurisdiction when a crime or felony which is under their jurisdiction fulfills at the same time the specifications of another offense.
(2) If another offense is directly connected with the crime or felony which comes under the jurisdiction of the Special Courts, then the proceedings against the offenders and accessories of the other offense may be instituted in the Special Courts.
(3) The extended jurisdiction pursuant to Paragraphs 1 and 2 does not apply to offenses for which the Supreme Court or Courts of Appeals have jurisdiction.
Section 7
Proceedings may be instituted also before the Special Court in the district of which the defendant was caught or where he is in custody. The release of the defendant does not affect this jurisdiction once it has been established.
Section 9
(1) No hearings relating to the warrant of arrest shall be held.
Section 11
A preliminary court investigation will not take place. If a preliminary investigation is pending at the time this decree becomes effective, the records are to be transferred at once to the prosecuting official with the Special Court.
Section 16
(1) No legal remedy is admissible against the decisions of the Special Courts.
Berlin, March 24, 1933|
Source: Nazi Conspiracy and Aggression Volume IV Office of the United States Chief Counsel for Prosecution of Axis Criminality Washington, DC : United States Government Printing Office, 1946 |