"Non-Germans" Under the Third Reich (314 page)

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Authors: Diemut Majer

Tags: #History, #Europe, #Eastern, #Germany

BOOK: "Non-Germans" Under the Third Reich
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3. Police “Rectification” Measures in the Prosecution of “Non-Germans”
a. Collaboration between the Reich Ministry of Justice and the Police: “Non-Germans” Are Handed Over to the Gestapo
b. Usurpation of Sentencing Powers in Specific Domains
aa. So-Called Political Crimes (Including Nacht und Nebel Cases and Racial and Sexual Offenses)
bb. Labor Law Offenses
c. General Usurpation of Jurisdiction
aa. Decree of the Reichsführer-SS and Chief of the German Police, January 19, 1942
bb. The Circular of June 30, 1943, by the Reich Security Main Office (RSHA)
4. Judicial Consequences of the Usurpation of the Prosecution of “Non-Germans” by the Police
B. Civil Law
I. Main Elements of the Transformation of Civil Law on an Ethnic Basis
II. The Principle of Völkisch Inequality in the Domain of Substantive Law
1. General Principles
2. The Main Areas of Discriminatory Practices
a. Family Law
b. Inheritance Law
c. Law of Tenancy
d. Labor Law
e. Commercial Law
III. Discriminatory Principles in Procedural Law
1. Discrimination against Jewish Judges and Lawyers
2. Discrimination against Jewish Parties (Legal Aid) and Witnesses: The Plan to Renounce from Legal Proceedings
3. Discrimination against Jewish Participants in the Estate Execution/Administration Process
Section Two: The Implementation of Völkisch Inequality in the Annexed Eastern Territories
Introduction: The Political Objectives in the Annexed Eastern Territories: Testing the Ethnic Struggle
A. Stages in the Implementation of Völkisch Inequality
I. The Principle of the Analogous Application of German Law (October 1939–May 1940)
II. From the Analogous Application of German Law to Special Law (Summer 1940–Fall 1941)
III. The Establishment of Overt Special Law for “Non-Germans” (after Fall 1941)
B. Penal Law as a Central Element of the Special Law against “Non-Germans”
I. Principles of Substantive Special Penal Law
1. Decrees of the Military Administration
2. Führer Decree on the Division and Administration of the Eastern Territories, October 8, 1939
3. Decree on the Implementation of German Penal Law in the Annexed Eastern Territories, June 6, 1940
4. The “Special Penal Provisions for the Annexed Eastern Territories” in the Decree on the Implementation of German Penal Law in the Annexed Eastern Territories, June 6, 1940
5. The Decree on the Administration of Penal Justice against Poles and Jews (Decree on Penal Law for Poles), December 4, 1941
a. Basic Principles of the Decree on Penal Law for Poles and Its Justification
b. Details of the Decree on Penal Law for Poles
c. Plans by the Ministry of Justice to Extend the Decree on Penal Law for Poles
II. The Status of “Non-German” Individuals in Procedural Law
1. Special Courts as an Instrument for Combating “Non-German” Crime
a. Jurisdiction
b. Proceedings
2. Procedural Discrimination against Poles and Jews under the Decree on Penal Law for Poles
III. The Elaboration of Special Law by the Courts: Overview of Sentencing Practice
Excursus: Encroachment upon the Jurisdiction of the Judiciary: Extension of Police Jurisdiction for Criminal Matters
1. Efforts by the Police to Create a Police “Penal Law for Alien Peoples”
2. Developments before the Coming into Force of the Decree on Penal Law for Poles: Arbitrary Acts and Police Court-Martial Jurisdiction
3. Developments Following the Coming into Force of the Decree on Penal Law for Poles
a. Continuation of Illegal Police Practices
b. Legalization of the Jurisdiction of the Police Courts-Martial
c. The Undermining of the Decree on Penal Law for Poles by Police Orders
C. Civil Law
I. “Analogous Application” of Civil Law
II. Disputes between the Judicial Administration and the Political Powers about the Implementation of Civil Law
III. Decree on the Implementation of Civil Law in the Annexed Eastern Territories, September 15, 1941 (Decree on the Civil Law in the East)
1. Substantive Law
a. The Principle of Political Reservation for the Application of German Law in the Annexed Eastern Territories (Sec. 4)
b. Areas of Application of Section 4
2. Procedural Law
a. Rejection of Polish Claims on the Basis of “General Legal Principles”
b. The Principle of Political Reservation toward Claims by Polish Nationals (Sec. 5)
c. The Principle of Political Reservation for the Recognition of Decisions by Polish Courts and for Their Enforcement
Section Three: The Implementation of Völkisch Inequality in the General Government
Introduction: Main Contours of the Legal Policy: Continuation of Domestic Law and Primacy of the German Supervisory Authority
A. The Function and Structure of the German Judiciary
I. Supervision of the Polish Judiciary
II. The Adoption of the Principles of Reich Law
1. Supervisory and Control Powers
2. Review of Unappealable Decisions
3. The Structure and Organization of the German Judiciary
B. Criminal Law as the Principal Tool of Discriminatory Law (Special Law) against “Non-Germans”

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