"Streamlined justice" in the Reich 1942

[David Thompson]

"Document 654-PS [translation]", in Nazi Conspiracy and Aggression. Volume III: US Government Printing Office, District of Columbia: 1947. pp. 467-470.

UIb

Discussion with Reich Fuehrer of SS Himmler on 18 September 1942 in his Field Headquarters in the presence of State Secretary Dr. Rothenberger, SS Gruppenfuehrer Streckenbach and SS Obersturmbannfuehrer Bender.

1. Correction [2 illegible pencilled words] by special treatment at the hands of the police in cases where judicial sentences are not severe enough. On the suggestion of Reichsleiter Bormann, the following agreement was reached between the Reich Fuehrer of SS and myself:

a. In principle the Fuehrer's time is no longer to be burdened with these matters.

b. The Reich Minister for Justice will decide whether and when special treatment at the hands of the police is to be applied.

c. The Reich Fuehrer of SS will send the reports, which he sent hitherto to Reichsleiter Bormann, to the Reich Minister for Justice.

d. If the views of the Reich Fuehrer of SS and those of the Reich Minister for Justice agree, the final decision on the case will rest with them.

e. If their views are not in agreement, the opinion of Reichsleiter Bormann will be brought to bear on the case, and he will possibly inform the Fuehrer.

f. In cases where the Fuehrer's decision on a mild sentence is sought through other channels (such as by a letter from a Gauleiter) Reichsleiter Bormann will forward the report to the Reich Minister for Justice. The case will then be decided as already described by the Reich Fuehrer of SS and the Reich Minister for Justice.

2. The delivery of anti-social elements from the execution of their sentence to the Reich Fuehrer of SS to be worked to death. Persons under protective arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3-year sentences, Czechs and Germans with more than 8-year sentences, according to the decision of the Reich Minister for Justice. First of all the worst anti-social elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann.

3. Administration of justice by the people. This is to be carried out step by step as soon as possible, first of all in the villages and the small towns of up to about 20000 inhabitants. It is difficult to carry it out in large towns. I shall rouse the Party particularly to cooperate in this scheme by an article in the Hoheitstraeger (NSDAP publication). It is evident that jurisdiction may not lie in the hands of the Party. [Marginal note in pencil: according to the permanency of the courts (?)]

4. Orders regarding the police and justice are, in future, to be tempered; for example, not prosecuting unmarried mothers if they attempt to procure abortion.

5. The Reich Fuehrer of SS is agreed that the cancellation of sentence, even for members of the police, will rest, as in Article 8 of the law relating to the cancellation of sentence, with the Reich Minister for Justice.

6. The Reich Fuehrer of SS has given full consent to the ruling I have planned on the corporal punishment ordered by the Fuehrer.

7. I shall refer to the Common Law relating to Aliens and will give notification of the claims of Justice, e.g. in the identification of young people as anti-social elements and their arrest. Also, it seems to me that the actual circumstances which serve to stamp a person as anti-social are not laid down in the law with sufficient clarity. The Reich Fuehrer of SS is waiting for our opinion, and until then will not carry out the text of the law.

8. The Reich Fuehrer of SS has agreed to a clause for the Juvenile Court Law, whereby the age of discretion can be reduced to 12 years and the reduced age of discretion can be extended to over 18 years. [Marginal note in pencil: "by which he has made clear that a reduction in the age limit of full age of discretion is meant."]

9. SS-Obersturmbannfuehrer Bender, of the Staff of the Reich Fuehrer of SS, is appointed by the Reich Fuehrer of SS as liaison officer for matters which appear to necessitate direct liaison with the Reich Fuehrer of SS. He can be contacted any time by teleprinter in the Field Headquarters of the Reich Fuehrer of SS, and will come once every month to Berlin to report to me here. Hauptsturmfuehrer Wanniger is appointed as liaison officer for other matters, and he will be at Security Headquarters (Sicherheitsharuptamt) .

10. The Reich Fuehrer of SS declared that, in the infliction of punishment, special establishments should be set up, on the principle that confirmed criminals should be confined separately and that those capable of improvement should be separated according to the nature of their crimes (e.g. impostors, thieves and those who have committed acts of violence). This was recognized as correct.

11. The Reich Fuehrer of SS demands that the penal register should be kept by the police. Arguments against this are to be examined (cancellation and tightening up of the Penal Register Bill and additions made to it). The question is to be further discussed with Gruppenfuehrer Streckenbach.

12. The Reich Fuehrer of SS pointed out as reliable SSObersturmfuehrer Reichsgerichtsrat Altstetter, at present on active service as a Major, and also Landgerichtspraesident Stepp; he designated as unreliable Generalstaatstanwalt Jung in Dresden.

13. Finally, the Reich Fuehrer of SS broached the subject of the Office of the Public Prosecutor and its transfer to the police. I rejected it flatly. There was no further discussion of this subject.

14. It is agreed that, in consideration of the intended aims of the Government for the clearing up of the Eastern problems, in future Jews, Poles, Gypsies, Russians and Ukrainians are no longer to be judged by the ordinary courts, so far as punishable offenses are concerned, but are to be dealt with by the Reich Fuehrer of SS. This does not apply to civil lawsuits, nor to Poles whose names are announced or entered in the German Racial Lists.

Signed
Th.