Fonds Landesarchiv Baden-Württemberg, Abt. Hauptstaatsarchiv Stuttgart, M 1/7 - Ministry of War: Justice Department (inventory)

808 Verzeichnungseinheiten

Foreword: Responsible for the entire area of military justice was the "Oberauditor" for Württemberg according to the Military Judicial Code of 1692. In order to take into account the circumstances, which had completely changed in terms of their magnitude alone, King Friedrich appointed in 1807 the General Auditoriat for "civil cases" of the military, with the involvement of a war council with the designation "Oberkriegsgericht". As a result, the military court ap-pellation authority and at the same time the supreme authority for military justice care in Württemberg were created. These functions were transferred on 30 March 1874 to a special department in the War Ministry, the "Justice Department". She was responsible for advising and taking a stand on all legal issues specific to the military. At the same time, it fulfilled the function of the Higher War Court for the Württemberg Army Corps, was the supreme military justice authority in criminal cases, and the supreme supervisory authority for the auditors. It consisted of 4 alternating higher officers, including 1 general as chairman, the general auditor and 2 councillors of the judicial department of the Kriegsministe-rium. 1900, however, in the course of the implementation of the German Military Criminal Court Ordinance of 1898, Württemberg lost its remaining independence in the field of military court organization. De facto, it had already become necessary before, through a whole series of voting procedures with the Reich Military Administration, as well as with Bavaria and Saxony, to achieve adjustments, which were later incorporated into the new Military Criminal Court Code (2). As a result of the reorganization from 1900 onwards, the Justice Department of the (Royal Württemberg) War Ministry was dissolved as a Higher War Court or Court of Appeal. It was also decreed within the framework of the reorganization that all military court investigation files were to be handed over to the (newly appointed) High War Court of the XIIIth (Royal Württemberg) Army Corps, which was assigned to the General Command (3). From 1900 onwards, military jurisdiction was exercised exclusively by the court rulers and the recognizing courts (courts of state, war courts, upper war court and - in the appeal instance - Reich Military Court (4)). The supervision of the exercise of this military jurisdiction remained (apart from the Reich Military Court) with the Ministry of War as the supreme military justice administrative authority. According to the Ministry's organizational plan, between 1900 and 1906 this function was entrusted to "Section J" within the "Department for General Army Affairs". Section J" also had to continue to provide legal advice. In 1906, these divisions were integrated into the newly created Supply and Justice Department ( C ). From 1906 to March 1915 the Department ( C ) was thus responsible for pension, pension and support matters and for the judiciary. The expansion of the business volume caused by the war in turn resulted in the outsourcing of the judiciary. Department C remained the utility department. The tasks of the new "Department J" (legal advisor) consisted mainly in personnel administration, supervision and maintenance of the operation of the various military tribunals, pardons, extradition matters, penal system, construction and operation of military prisons, legal opinions including consideration of foreign rights, occupation law and non-military areas of law. This division also remained within the framework of the liquidation of the Ministry of War, whereby Department J was renamed Legal Department ( R ) in November 1918. Like all the settlement authorities of the Württemberg Ministry of War, it was dissolved at the end of 1920. The records of the military justice sector, which were so severely affected by reorganization, were only incomplete and in an unexpectedly badly organized state and had to be rearranged as they had been for the military tribunals (inventory M 631). The existing file numbers of the file plan were no longer a suitable basis because of the different changes over long distances, so that a complete reorganization was inevitable. The inventory was recorded in the years 2001 and 2002 by the archive employee Gerd Mantel under guidance of the signatory, who also provided the editorial revision and reorganization. The Repertorium M 1/7 contains 808 title records and 28 shelf meters of files. Stuttgart, November 2003Dr. Moegle-HofackerNotes(1) On the development of military jurisdiction, see also foreword to Repertorium M 631, Militärstrafverfahren XIII. Armeekorps.(2) Cf. M 1/7 Bü 11, Bü 17, Bü 21.(3) Cf. Holdings M 33/1 resp. 33/2 and M 77/1 as well as Government Gazette for the Kingdom of Württemberg, volume 1900, page 841(4) A list of the military courts of Württemberg is contained in the preface to Repertory M 631.

Landesarchiv Baden-Württemberg, Dept. Main State Archives Stuttgart (Archivtektonik) >> Military holdings 1871-ca. 1920 >> Authorities and formations >> Ministry of War and its subordinate authorities and formations >> War Department

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