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Secret Reports on Nazi GermanyThe Frankfurt School Contribution to the War Effort$
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Franz Neumann, Herbert Marcuse, Otto Kirchheimer, and Raffaele Laudani

Print publication date: 2013

Print ISBN-13: 9780691134130

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691134130.001.0001

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Administration of German Criminal Justice Under Military Government

Administration of German Criminal Justice Under Military Government

(July 29,1944)

(p.318) 20 Administration of German Criminal Justice Under Military Government
Secret Reports on Nazi Germany

Otto Kircheimer

Princeton University Press

This chapter discusses the administration of criminal justice in Germany under military government. The report claims that German criminal law conflicts in many respects not only with the theories and practices for which German criminal law had previously stood, but also with the theories which, in Anglo-American countries, are traditionally linked to the functions of criminal law. This conflict alone does not suffice to impose upon military government a duty to revise or revoke criminal legislation. The chapter considers changes in the German criminal justice system which are necessary not only for the security of the occupying army and the orderly development of German political and social life, but also for the execution of the policies and purposes of the United Nations. It also makes a number of recommendations with respect to military government's approach to criminal law, substantive law, procedural law, problems of jurisdiction, amnesty problems, prosecution of Nazi offenders against German citizens, and problems of administration.

Keywords:   criminal law, military government, criminal justice system, United Nations, substantive law, procedural law, jurisdiction, amnesty, prosecution, Germany

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