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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
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Page 139
DENAZIFICATION_ 6. The Chairman of the Spruchkamen and all members of the Spruchsenate will be nominated by the Central Legal Office in consultation with the highest legal ad- ministrative authority (Oberste Justizverwaltung) in each Lend. The two Lay Asses- sors on each spruchkammer will be nominated by the appropriate Land Gvernent. 7. No former member of the N.S.D.A.P. nor any person who has held office in any affiliated organization thereof may be Chairman or member of the Spruchkammern or Spruchsenate. ARTICLE IV Prosecution and-Charge 8. The preparation of cases against members of the said Criminal Organizations and the prosecution thereof shall be the responsibility of the Central Legal Office. 9. The accused persons will be chargbd with having been a member of .a criminal organization with knowledge that it was being used for. the commission of acts de- clared criminal by Article 6 of the Charter of the International Military Tribunal, as specified in the Second Schedule to this Ordinance. ARTICLE V Penalties 10. Any person found guilty will be liable to any or all of the following penaltiess - (a) imprisonment (iefaengnisstrafe) for a tera not exceeding 10 years; (b) forfeiture of property; (c) fine. ARTICLE VI Mitigating Circumstances 11. The Tribunals may take into account mitigating circumstances when determin- ing the sentence to be awarded. ARTICLE VII Issue of Regulations 12. The Central Legal Office shall issue such regulations or orders as may be necessary or expedient for carrying this Ordinance intl- effect, including direc- tions as to the maximum sentences to be imposed in relation to any rank or appoint- ment held in any of the said criminal organizations, provided that in no cases shall any sentence of imprisonment exceed the maximum laid down in Article V hereof. ARTICLE VIII Effective Date 13. This Ordinance shall become effective aa the 31st December, 1946. BY ORDER OF MILITARY GOVERIAENT. APRIL 1948 - 139 -
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