Determining the Jurisdiction of Polish (non-German) Courts in Criminal Cases by the German Prosecutor’s Office in the General Government in the Years 1939–1945 Cover Image

Ustalanie właściwości sądów polskich (nieniemieckich) w sprawach karnych przez prokuraturę niemiecką w Generalnym Gubernatorstwie w latach 1939–1945
Determining the Jurisdiction of Polish (non-German) Courts in Criminal Cases by the German Prosecutor’s Office in the General Government in the Years 1939–1945

Author(s): Hubert Mielnik
Subject(s): Criminal Law, Military history, Political history, WW II and following years (1940 - 1949), Fascism, Nazism and WW II, Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: General Government; Third Reich; criminal law; Nazi law;

Summary/Abstract: The article discusses the issue of determining jurisdiction by the German prosecutor’s offi ce in criminal cases in the General Government concerning the Polish (non-German) judiciary. The study uses the legal-history methodology. The author indicated and analyzed the legal basis for the subject matt er. The procedure for determining jurisdiction has been reconstructed, from preparatory proceedings to the possibility of changing fi nal judgments. In addition, criteria were indicated that determined the selection of a specifi c type of court to consider a case. The article also analyzes the practice of the German prosecutor’s offi ce in this regard. The research was based on the analysis of the preserved fi les of proceedings of German courts, special courts, and Polish (non-German) courts, which met the criteria of the adopted methodology. The thesis of the work assumes that the German prosecutor’s offi ce transferred to special courts, apart from those cases that belonged to their jurisdiction under the provisions of the regulations in force in the General Government, also those that concerned acts and perpetrators requiring severe punishment, under the Nazi views on criminal law.

  • Issue Year: 2023
  • Issue No: 56
  • Page Range: 753-797
  • Page Count: 45
  • Language: English
Toggle Accessibility Mode