Court of the French military government in Berlin
The court of the French military government in Berlin ( French Tribunal du Gouvernement Militaire Français de Berlin ) was an occupation court in the French sector of Berlin during the time of the four- power administration .
The legal basis of the court was Act No. 7 of the Allied Commandatura “On Jurisdiction in the Reserved Areas” of March 17, 1950. According to this, the German courts in Berlin were not allowed to have criminal jurisdiction against members of the Allied armed forces or against them without the consent of the respective occupying power People who have committed crimes against the occupying powers or their relatives. In addition, the respective city commanders were able to withdraw any proceedings from a German court in Berlin and assign them to a court of occupation.
With effect from May 5, 1955, the existing French occupation court in Berlin was converted into a court of the local military government.
The court ruled against Germans in the sensational proceedings against two GDR citizens who hijacked a Polish plane to Berlin-Tegel in the French sector in 1969 . After the French city commander referred the proceedings to the court, the court sentenced the accused to two years in prison.
With the entry into force of the two-plus-four treaty , the legal basis for the court's activities no longer existed after the reunification of Germany.
swell
- Mixed law. In: Der Spiegel issue 48/1969 of November 24, 1969
- Hans von Mangold: The judgment of the Tribunal du Gouvernement Militaire Français de Berlin for the hijacking of a Polish transport plane to Berlin. In: Journal for Foreign Public Law and Völkerrecht 30 (1970), p. 528ff. (PDF; 1.4 MB)
- Dieter Wilke, Jan Ziekow: The development of the constitution in Berlin since 1945. In: Yearbook of public law, new series Volume 37 (1988), p. 167, 185
See also
Individual evidence
- ↑ Ordinance Gazette for Greater Berlin 1950, p. 89. On this Klaus Hammes: The restrictions on German jurisdiction in West Berlin and in the federal territory. In: Juristische Rundschau 1950, pp. 289ff.
- ^ Ordinance of the French city commandant dated July 5, 1955 (Official Gazette of the Allied Kommandatura Berlin 1955, p. 1070).
- ^ Decision of November 20, 1969, reprinted in extracts in: Neue Juristische Wochenschrift 1970, p. 399.