Fonds Landesarchiv Baden-Württemberg, Abt. Staatsarchiv Freiburg, A 47/1 - Public prosecutor's office at the special court Freiburg (inventory)

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Landesarchiv Baden-Württemberg, Abt. Staatsarchiv Freiburg, A 47/1

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Public prosecutor's office at the special court Freiburg (inventory)

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  • 1940-1945 (Creation)

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History of the authorities: By decree of the Reich government of 21 March 1933, a special court was formed for each district of the Higher Regional Court. The special court responsible for the Karlsruhe Higher Regional Court district was installed at the Mannheim Regional Court. These special courts were given criminal jurisdiction for offences under the "Ordinance of the Reich President for the Protection of People and State", which had been issued in reaction to the Reichstag fire of 27 February 1933 and which formed the legal background to the wave of arrests, particularly against Communists. In addition, the special courts were responsible for the offences according to the so-called "Heimtückeverordnung", which was cast into legal form in December 1934 under aggravation of the threat of punishment. Originally limited to purely "political" offences, special jurisdiction was extended in 1938 to include areas of "normal" crime. With a decree issued at the beginning of the war in 1939, any offence could be brought before a special court if "public order and security were particularly seriously endangered by the offence". New penal regulations also followed with the beginning of the war. The most important are briefly mentioned here:1. the "Kriegssonderstrafrechtsverordnung" of 17 August 1938 concerned the offences "Wehrkraftzetzung", "Wehrdiensttziehung" and "Selbstverstümmelung", which - depending on the severity of the offence - were placed under death penalty.2The "Ordinance on Extraordinary Broadcasting Measures" of 1 September 1939 punished the listening of foreign broadcasters with imprisonment, in severe cases with the death penalty.3 The "War Economics Ordinance" of 4 September 1939 punished black slaughter, food card fraud and similar offences.4The "Verordnung gegen Volksschädlinge" of 5 September tightened the penal provisions for property offences if the offence was committed "by exploiting the state of war" or "the healthy feeling of the people" "required" this.5 The "Verordnung zum Schutz gegen jugendliche Schwerverbrecher" of 4 October 1939 also made it possible to pronounce the death penalty against criminals who were only 16 years old.6The "Ordinance against Violent Criminals" issued on 5 December 1939 made it possible to impose death sentences for any type of capital crime.All these ordinances led to a tremendous increase in the workload in the Special Courts.Further Special Courts were therefore established, including the Special Court Freiburg im Breisgau from 1 November 1940, which was responsible for the Regional Court districts of Freiburg, Constance, Offenburg and Waldshut. The specially established public prosecutor's office at the Freiburg Special Court initiated more than 1,000 proceedings in the four and a half years up to April 1945. Of these, the records of 727 cases have been preserved. Most of the proceedings, about 30 of which were opened on the basis of the "Heimtückegesetz", were followed by "Kriegswirtschaftsverbrechen" with 23 The proceedings on the basis of the "Volksschädlingsverordnung" comprised 12 the so-called "Rundfunkverbrechen" 14
ller cases.literature:Hans Wüllenweber: Special courts in the Third Reich. Forgotten crimes of justice. Frankfurt a.M. 1990.Michael P. Hensle: The death sentences of the Special Court Freiburg 1940-1945. Munich 1996.Michael P. Hensle: Radio crime. Listening to 'enemy stations' in National Socialism. Berlin 2003: Inventory history: The present inventory was delivered in 1975 (receipt 1975/10-II) by the public prosecutor's office in Freiburg. At the beginning of the 90's the documents were indexed with the help of the archiving program MIDOSA by ABM forces in terms of content and with a place and person index, and in 1996 made available to the users as finding aid of the state archives Freiburg the MIDOSA data of the existence were converted in the year 2005 into the MIDOSA95 format; the existence were revised even by the undersigned in the years 2006 and 2007 and provided with a subject index on the basis of the regulations quoted above. The data was then transferred to the archive management program SCOPE-Archiv of the Landesarchiv Baden-Württemberg. The stock was organized according to the crime scene, the alphabet of names, and the duration of the investigation. 2,427 order numbers in 20.4 m were now included in the stock. The following order numbers are not assigned: 17, 1000, 1195, 1773-1778. The indices refer to the order number Freiburg, in August 2007 Kurt Hochstuhl.

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prosecution offices

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      Original description: Deutsche Digitale Bibliothek

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      labw-5-13309

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