Impunity Ordinance of 1933

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Basic data
Title: Ordinance of the Reich President on the granting of impunity
Short title: Impunity Ordinance (not official)
Type: Imperial Ordinance
Scope: German Empire
Legal matter: Criminal law
Issued on: March 21, 1933
(RGBl. I p. 134)
Entry into force on: March 23, 1933
Expiry: June 25, 1947
(Art. 1 No. 6 Control Council Act No. 55 of June 20, 1947)
Weblink: Text of the regulation (PDF)
Please note the note on the applicable legal version.

The impunity ordinance of 1933 , long title ordinance of the Reich President on the granting of impunity of March 21, 1933 regulates the exemption from punishment for crimes committed "in the struggle for the national uprising of the German people , in preparation for them or in the struggle for the German soil" were.

Origin and content

In the initial phase of the National Socialists' takeover of power, there was an accumulation of right-wing acts of violence against political opponents, the prosecution of which the judiciary, which was enforced by the National Socialists, was confronted.

State Secretary Heinrich Hölscher , as acting head of the Prussian Ministry of Justice, proposed an amnesty on March 10, 1933 , which should also include crimes against life and explosives and which should be enacted by the Reich President so that it would apply not only to Prussia but to the entire Reich. The aim was to avoid disruptions to court hearings and violent liberation of prisoners during the prevailing political unrest, and thus to achieve a “calm continuation of the administration of justice”. Hermann Göring and Franz Schlegelberger support the proposal in the Reich Cabinet. On March 15th, Hölscher was authorized by the State Ministry in Prussia to carry out the work by the state of Prussia.

In the Reich Ministry of Justice , the Prussian draft was expanded and also included crimes that had been committed in the interest of preserving previous property. This mainly applied to crimes during the peasant riots in northwest Germany and East Prussia of 1929.

Farewell and effect

After the Reichstag elections on March 5, 1933 , the constituent session of the newly elected parliament took place on March 21, 1933, the day of Potsdam , in the garrison church there. The draft of the impunity ordinance was also approved by the Reich Cabinet and signed by Reich President Hindenburg .

Heinrich Tillessen and Heinrich Schulz , who murdered central politician Matthias Erzberger in 1921, were among the beneficiaries of the regulation .

Repeal

The impunity ordinance was repealed with Control Council Act No. 55 repealing provisions in the field of criminal law on June 25, 1947.

The repeal was also declared in the law for the repeal of National Socialist judgments in the criminal justice system of August 25, 1998.

literature

  • Lothar Gruchmann: Justice in the Third Reich 1933-1940: Adaptation and submission in the Gürtner era. Oldenbourg 2001, ISBN 3-486-53833-0 .

Web links

Individual evidence

  1. Lothar Gruchmann: Justice in the Third Reich 1933-1940: Adaptation and submission in the Gürtner era . P. 320 ff.
  2. Lothar Gruchmann: Justice in the Third Reich 1933-1940: Adaptation and submission in the Gürtner era . P. 325.
  3. Christoph Janecke: Some references to contemporary history from 1901 to 2000. A small reference work The time 1933 - 1945 - the time of "National Socialism" and the Second World War / 1933, accessed on June 4, 2019
  4. Lothar Gruchmann: Justice in the Third Reich 1933-1940: Adaptation and submission in the Gürtner era . P. 326.
  5. Birte Förster: 14th reading: A parliament is doing away with reading blog on "Anniversaries" by Uwe Johnson . FAZ , November 25, 2017
  6. Control Council Act No. 55 Verassungen.de, accessed on June 3, 2019
  7. Law on the repeal of National Socialist injustice judgments in the administration of criminal justice and of sterilization decisions of the former hereditary health courts of August 25, 1998, Federal Law Gazette I p. 2501 , Annex (to Article 1, Section 2, No. 3) No. 49