Law for the Liberation from National Socialism and Militarism

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Law for the Liberation from National Socialism and Militarism, in short Liberation Law

The Law no. 104 to the liberation from National Socialism and militarism abbreviated March 5, 1946 Liberation Act , has been prepared by Länderrat the American occupation zone approved and should all Germans, the Nazi dictatorship had actively supported by the influence on the public, economic and cultural Exclude life and commit to reparation.

The liberation from National Socialism and militarism has been viewed by the Allies since the Potsdam Conference as an indispensable prerequisite for political, economic and cultural reconstruction.

The law came into being on the initiative of the American military governor Lucius D. Clay and regulated the arbitration chamber proceedings in Bavaria , Greater Hesse and Württemberg-Baden . The Minister for Political Liberation was responsible for implementing the law . These ministers were Gottlob Kamm (SPD) from April 7, 1946 to February 3, 1948 and Walter Koransky (commissioned) from February 3, 1948 to October 3, 1948 .

In the course of 1946 the Liberation Act was transferred to all zones of occupation.

This was preceded by Act No. 8 of the military government in the American zone of occupation for the liberation in the field of commercial economy of September 26, 1945 and the Control Council Directive No. 24 of January 12, 1946 for the removal of all members of the NSDAP from public and semi-public offices responsible positions in major private companies.

Employment and activity bans applicable under Act No. 8 continued to apply until a final decision by a panel of judges. Persons whose employment or activity had been temporarily approved by the military government on the basis of Act No. 8 were allowed to continue to work until the Chamber had finally decided. According to the Chamber's decision, the restrictions on employment or activity were determined by the expiatory measures imposed on the basis of the Liberation Act.

Procedure

Seal of the Ministry for Political Liberation Württemberg-Baden

Every German over the age of 18 had to fill out a registration form and submit it to the public plaintiff appointed for the competent court. In addition to personal information, the registration form primarily contained membership in the NSDAP and its organizations as well as certain professional activities, for example as a senior civil servant in the NS administration or as a judge or public prosecutor at the People's Court , at special courts , party, SS and SA To disclose to courts or tribunals.

The public plaintiff checked the registration forms and initiated ex officio investigations (Art. 33). To check the group of people to be denazified in the Control Council Directive No. 24 of January 1946, to which the Liberation Act referred in the annex, the NSDAP's membership card, which has largely been preserved, was used . All authorities of the state, the municipalities and the police administration, as well as the local and special administrations, had to provide legal assistance to the bodies entrusted with the enforcement of the law (Art. 56). False or misleading information and the concealment of significant facts were punishable by law (Art. 65).

The plaintiff grouped those affected based on Control Council Directive No. 38 . The main culprits or those charged were tried orally on his complaint. A decision was made in writing against those with a minor burden or fellow travelers. The public plaintiff dropped the proceedings against those exonerated or not at all.

Relief saying

The person concerned bore the burden of proof against the classification of the public plaintiff (Art. 43), i. H. he had to prove himself to be placed in a more favorable group.

In addition to the public plaintiff, the Minister for Political Liberation and his agents, an injured person who had been directly harmed by the person concerned, and the person concerned himself could also apply for classification (Art. 32).

The ruling of the chamber established whether the person concerned is the main culprit, the person charged, the person under the burden (probation group), a fellow traveler or the discharged person and ordered the necessary atonement measures (Art. 41).

Appeals were possible against the classification in a group as well as against the establishment of expiatory measures. The proceedings could be resumed on application based on new material facts or evidence (Articles 46 to 48).

The final decision on the classification of the person concerned and the atonement measures forfeited by him were entered in his identity card and in a register created for this purpose (Art 51).

The Minister for Political Liberation was entitled to a comprehensive right of examination and pardon (Articles 52 to 54).

See also

literature

  • Lutz Niethammer : Denazification in Bavaria. Purge and rehabilitation under American occupation . S. Fischer Verlag, Frankfurt / Main 1972.

Web links

Individual evidence

  1. ↑ Law No. 104 on the Liberation from National Socialism and Militarism ( Memento of August 17, 2018 in the Internet Archive ) of March 5, 1946. verfassungen.de, accessed on September 8, 2019.
  2. ↑ Joachim Szodrzynski: Denazification - using the example of Hamburg's Research Center for Contemporary History in Hamburg , no year, p. 3.
  3. ^ Paul Hoser: Denazification Historical Lexicon of Bavaria, February 5, 2013.
  4. ↑ Control Council Directive No. 24. Removal of National Socialists and persons who are hostile to the efforts of the Allies from offices and positions of responsibility from January 12, 1946. verfassungen.de, accessed on April 14, 2019.
  5. ^ Military Government of Germany - questionnaire bilingual English-German