Emil Brettle

Emil Brettle (born December 5, 1877 in Schatthausen ; † summer 1945 in the Treysa camp, Schwalmstadt ) was a senior realm attorney for the German Reich under National Socialism .

Life

The son of a senior teacher passed the state law exams in 1901 and 1905. In 1905 he was hired as a court assessor and was appointed magistrate in Mannheim in 1913. He took part in the First World War as a captain in the artillery. On May 1, 1918, he was promoted to district judge and in 1920 he was appointed first public prosecutor in Mannheim. He became a senior public prosecutor in March 1926 in Waldshut and in April 1931 in Mannheim. On March 13, 1933, he temporarily took over the post of General Prosecutor at the Karlsruhe Higher Regional Court and was probably appointed to Ministerialrat in the Baden Ministry of Justice on April 27, 1933 and finally to General Prosecutor in August 1933. His entry into the party was dated back to May 1, 1937. On June 1, 1937, he was promoted to senior Reich attorney at the Reich Court . On May 22, 1937, Rudolf Hess gave the approval that Brettle, although he was not yet listed as a member of the NSDAP headquarters, was appointed senior Reich attorney at the Reichsgericht.

In this role, Brettle suggested the introduction of a nullity appeal in order to be able to review special court judgments. The ordinance of February 21, 1940 introduces annulment complaints against judgments by local judges, criminal chambers and special courts.

In February 1940 an article appeared in the SS journal Das Schwarze Korps under the heading “That was just missing”, which praised the strict judgment practice of the courts in Germany and, as an example, praised the death sentence for a man who was accused of indecent acts with two boys and criticized the court rulings in Austria for their leniency. Five days after the article was published, State Secretary Roland Freisler informed senior Reich attorney Brettle that the President of the Reich Court, Erwin Bumke, valued this criticism. They had decided to bring the next suitable case to the Grand Senate of the Imperial Court. Freisler acted immediately and had a memorandum circulated to all public prosecutors in Austria, instructing them to apply the laws in accordance with the rulings of the courts in Germany. On November 27, 1941, Brettle wrote to Freisler that the sixth senate of the Imperial Court of Justice, which dealt with Austria, approved the German interpretation of the prevailing law on sodomy .

Filbinger

In January 1937, Brettle announced to Hans Filbinger that he would be admitted to the second legal exam if the political objections on the file had been resolved. Filbinger joined the NSDAP shortly afterwards in order to be able to begin his legal internship.

Party memberships

1906–1914 National Liberal Party
From May 1, 1937 NSDAP (membership number 4,354,281)

Honors

April 28, 1938 Golden Loyalty Service Decoration
September 1, 1943 War Merit Cross, 2nd class
September 22, 1944 War Merit Cross, 1st Class

Publications

One year annulment complaint, German Law 1941, p. 561ff.
Cooperation between the Reich Prosecutor and the Reich Court, in: Erwin Bumke on his 65th birthday, Berlin 1939.

literature

Friedrich Karl Kaul , History of the Reichsgericht, Volume IV (1933–1945), East Berlin 1971, pp. 60f.

Individual evidence

↑ Christof Schiller: The Higher Regional Court of Karlsruhe in the Third Reich, Diss. Heidelberg (1995) Berlin 1997, p. 36.
^ Helmut Heiber, files of the party chancellery of the NSDAP , Institute for Contemporary History Munich. Page 305. [1]
^ Oberreichsanwalt Brettle to Dr. Freisler, Reich Ministry of Justice, November 27, 1941, Federal Archives Koblenz R22 / 970 sheet 47; Grau, Homosexuality in the Nazi Era, page 261 Doc. 67. [2] after Lothar Gruchmann Justice in the Third Reich 1933 - 1940. Adaptation and submission in the Gürtner era , Munich 2001 p. 283 [3]
↑ Tim Kirk, Anthony McElligott Eds. Opposing Fascism, Community, Authority and Resistance in Europe [4]
^ Gerhard Pauli The case law of the Reichsgericht in criminal matters between 1933 and its continued effect in the case law of the Federal Court of Justice , De Gruyter, Berlin, 1992 [5]

personal data
SURNAME	Brettle, Emil
BRIEF DESCRIPTION	German senior realm attorney of the German Reich under National Socialism
DATE OF BIRTH	December 5, 1877
PLACE OF BIRTH	Shadows
DATE OF DEATH	1945
Place of death	Treysa camp, Schwalmstadt

[1] Christof Schiller: The Higher Regional Court of Karlsruhe in the Third Reich, Diss. Heidelberg (1995) Berlin 1997, p. 36.

[2] Helmut Heiber, files of the party chancellery of the NSDAP , Institute for Contemporary History Munich. Page 305. [1]

[3] Oberreichsanwalt Brettle to Dr. Freisler, Reich Ministry of Justice, November 27, 1941, Federal Archives Koblenz R22 / 970 sheet 47; Grau, Homosexuality in the Nazi Era, page 261 Doc. 67. [2] after Lothar Gruchmann Justice in the Third Reich 1933 - 1940. Adaptation and submission in the Gürtner era , Munich 2001 p. 283 [3]

[4] Tim Kirk, Anthony McElligott Eds. Opposing Fascism, Community, Authority and Resistance in Europe [4]

[5] Gerhard Pauli The case law of the Reichsgericht in criminal matters between 1933 and its continued effect in the case law of the Federal Court of Justice , De Gruyter, Berlin, 1992 [5]