Mit o prevladavanju prošlosti
Myth about Overcoming the Past

Summary/Abstract: The author's starting point is the dearest myth of the Federal Republic of Germany about the successful surmounting of the National Socialist regime. However, this myth cannot sustain any serious testing. In reality, the criminal prosecution of crimes committed by Nazi regime was not successful. The author concludes that the criminal prosecution of the Nazi crimes, regardless of the important trials such as the Auschwitz trials, was just a token. It is not hard to conclude what is the constitutional law - principle according to which all branches of power are bound by constitutional law (Article 1, paragraph 3 of German Constitution) and international law (Article 24 of the German Constitution). This did not have any significance in criminal prosecution of many Nazi crimes. In regard to material and evidence it was possible already in 1950 to initiate a great number of proceedings against the leadership of the Third Reich. Although extensive pre-trial measures were taken against 600 suspects these proceedings were never initiated with the exceptions of few trials. Thus, Hitler's accomplices were not pu¬nished for crimes committed against millions of people.

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