Law on the Treatment of Non-Community Members

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The law on the treatment of non-residents was a draft law that had been drawn up by the National Socialist leadership in the last years of the war .

background

As early as 1935, thoughts on a community alien law were developed in the Reich Ministry of the Interior and by the Reichsführer SS . In 1939 a first draft law was presented, in the drafting of which the Reich Ministry of Justice only had an advisory role; The Reich Ministry of the Interior was in charge. A lasting influence of the actually responsible Ministry of Justice only took place when Otto Georg Thierack took office . He complained that the draft gave police authorities the power to order prolonged imprisonment without the involvement of any court.

The draft presented in 1942 was an example of National Socialist criminal law : First and foremost, certain personality types and lifestyles were to be persecuted - it was not about illegal or "socially damaging" activities. This penal approach was not upheld because, after all, crimes by "slope criminals "Were used as a criterion for" community alienation ". Up until 1944, the drafts distinguished five groups of "non-community" groups, namely as "failures", "do-not-gooders and parasites", "good-for-nothing", "troublemakers" and "criminals who are hostile to the community".

content

The law defined who, according to the will of the Nazi leadership, should be considered "alien to the community". The individual statements were often very broad. The following groups of people, among others, were considered "alien to the community":

  • In the broadest sense, people "who did not meet the minimum requirements of the national community "
  • People who couldn't take care of themselves
  • People who led an “uneconomical” or “unsteady way of life”
  • "Careless"
  • Those "tendency to a begging or land strike had"
  • , People who support payments not settled
  • So-called "inclination criminals ", ie people who have already been noticed several times through minor crimes such as theft
  • Equal to them were the "anti-community"
  • So-called “morality criminals”, which also included animal abusers , those guilty of bodily harm , “ fornicators ”, homosexuals , sexual murderers , rapists and those guilty of “desecration”.

The penalties provided were severe; they ranged from eight years ' imprisonment to placement in a "reformatory" or in a police prison, penitentiary sentences and indefinite prison sentences to the death penalty . So-called “morality criminals” could be emasculated and, if children were expected, made sterile .

According to the plans of the Nazi leadership, the law on the treatment of non-residents was to come into force on January 30, 1945 and also apply in the incorporated eastern regions. This was only prevented by the events of the war .

Interpretations

Sarah Schädler describes the draft presented in 1945 as a “law to combat 'useless' members of society”, with the intention of counteracting the “negative selection of war”.

The law was a so-called rubber paragraph and would have made it possible to dictate the way of life for the individual. " According to this, Germany would even have become a single concentration camp by virtue of the 'law' , as even leading National Socialists recognized." (Giordano)

literature

  • Wolfgang Ayaß : "Community strangers". Sources on the persecution of "anti-social" 1933–1945 , Koblenz 1998. Digitized
  • Ralph Giordano : When Hitler the war would have won , is: The attack on the community strangers ; Kiepenheuer & Witsch, 2000, ISBN 978-3462029444 .
  • Detlev Peukert : Labor camps and youth concentration camps: the “treatment of non-community members” in the Third Reich . In: Detlev Peukert together with Jürgen Reulecke and with the assistance of Adelheid Gräfin zu Castell Rüdenhausen (ed.): The ranks almost closed . Peter Hammer Verlag, Wuppertal 1981, pp. 413-434 (here pp. 415-422).

Web links

Individual evidence

  1. ^ Sarah Schädler: "Judicial Crisis" and "Judicial Reform" in National Socialism. The Reich Ministry of Justice under Reich Minister of Justice Thierack (1942–1945). Mohr Siebeck, Tübingen 2009, ISBN 978-3-16-149675-2 , p. 281.
  2. ^ Sarah Schädler: "Justice Crisis" and "Judicial Reform" in National Socialism ..., Tübingen 2009, ISBN 978-3-16-149675-2 , p. 335.