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Germany (territory Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Civil Administration Division. / Denazification, cumulative review. Report, 1 April 1947-30 April 1948.
(1948)

Military Government, Germany, British Zone of Control, Ordinance No. 69 (trial of members of criminal organizations) 31 December 1946,   pp. 138-141 PDF (1.5 MB)


Page 138

DENAZIFICATION
ANNEX N
PART II
MILITARY GOVERNIENT ORDINANCE APPLICABLE
TO THE WHOLE OF THE BRITISH ZONE
ORDINANCE No. 69
Trial of members of Criminal Organizations
Whereas by Arti cle 10 of the Charter of the International Military Tribunal
an-
nexed to the Agreement for the Prosecution and Punishment of the Major mr
Criminals
of the European Axis signed at London on 8th August, 1945, by the Government
of the
United Kingdom of Great Britain and Northern Ireland, the Government of the
United
States of America, the Provisional Government of the French Ibpublic and
the Govern-
ment of the Union of Soviet Socialist Republics, it is provided (1) that
in cases
where a group or organization is declared criminal by the said Tribunal the
compe-
tent national authority of any Signatory shall have the right to bring individuals
to trial for membership therein before national military or occupation oourts
and
(ii) that in any such case the criminal nature of the group or organization
is oon-
sidered proved and shall not be questioned;
and whereas the International Military Tribunal set up under the said Charter
at the first trial, held at Nuremberg$ has declared to be criminal the members
and
off icials of the groups and organizations (hereinafter called "the
said Criminal
Organizations") as set out in the First Schedule annexed hereto: -
Now it is hereby ordered as follows: -
ARTICLE I
Establishment of German Tribunals of First Instance
1. German Tribunals of first instance (hereinafter called Spruchkammern)
will
be established for the trial and punishment of members of the said Criminal
Organi-
zations.
2. The number of the Spruchkemnern   ill be determined by the Central Legal
Office for the British Zone.
ARTICLE II
Establishmeit of a Zonal German Tribunal of Second Instanoe
3. A Zonal German Tribunal of Second Insteame will be established to hear
and
determine appeals by the Prosecution and by the accused persons from the
Spruchkam-
mern on questions of Lawe This Tribunal will ccisist of a number of Senates
(herein-
after called Spruchsenate). The number of such Spruchsenate shall be determined
by
the Central Legal Office.
ARTI LE III
Composition of the Spruchkanmern and Spruchsenate
4. Each of the Spruchkamnern will be canposed of a Chairman who must be quali-
fied to hold judicial office and two Lay Assessors.
5.  Each of the Spruchsenate will be composed of a Chairman, *io must be
a
Judge, and two members who must be qualified to hold Judicial Office.
APRIL 1948
- 138 -


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