Werner envelope (judge)

from Wikipedia, the free encyclopedia

Werner shell (born the thirtieth April 1903 in Stettin , died 16th January 1992 in Oldenburg (Oldenburg) ) was a German military lawyer in the era of National Socialism and judges in the Federal Republic.

Life

Werner envelope studied law and received his doctorate from the University of Marburg in 1926. At the time of the transfer of power to the National Socialists , he was a district judge in Dortmund in April 1933, and in July 1934, when military justice was reinstated in Germany , he was judge- martial in Weimar .

In cooperation with Heinrich Dietz published in 1935 commentary on the military court order he welcomed the "National Socialist revolution" and justified the claim Adolf Hitler of 3 July 1934 without binding to the law for the Lord of life and death to make. Shell also reveled in the language of National Socialism with “bloody forces” and “healthy public sentiment ” . In March 1938, he was transferred to the legal department of the Reich Ministry of War as a senior government councilor , later transferred to the high command of the Wehrmacht , and became head of the legislative department and deputy head of department Rudolf Lehmann . Shell, who was promoted to chief judge, played a key role in all military injustice laws, ordinances and decrees. He was a permanent employee of the magazine for military law published by Heinrich Dietz .

The mitformulierte of Lehmann and shell decree on the application of military law in the region "Barbarossa" and special measures of the troops of 13 May 1941, shortly Military Jurisdiction Decree , withdrew the prosecution of crimes of the German army against Soviet civilians as well as the persecution directed against the German troops directed actions by partisans and other civilians under the jurisdiction of the courts-martial. With this amnesty granted in advance for the mass crimes, large parts of the Soviet civilian population, including Jews, as well as gypsies and the mentally disabled, became unprotected victims of the calculated mass murder in the Soviet Union. In order to suppress the resistance in France , Belgium , the Netherlands and Norway , the so-called Night and Fog Decree circumvented the German military jurisdiction in these states, the formulation of the decree was also a work of Lehmann and Shell.

After the war, a lawyer colleague issued him a clean bill of health , in which the latter claimed that he had carried out his legal work “non-partisan” , and he was denazified without hesitation . In 1946 he became a district judge in Oldenburg, where he was president of the Senate in 1949 and a judge at the Federal Court of Justice in 1950 . In 1955 he was appointed President of the Oldenburg Higher Regional Court. Shell also took care of the history of the Oldenburg jurisdiction and was socially highly honored.

His activity in the unjust National Socialist state led him to court on October 5, 1957, when he was summoned in a jury trial against Field Marshal Ferdinand Schörner . In the last months of the war, Shell had drafted the rigorous civil law norms that led to many shootings among the increasingly war-tired Wehrmacht . He was not sworn as a witness because he was “suspected of being involved (in the shootings)”. Criminal proceedings against Werner envelope have been discontinued. Shell claimed to have had a febrile flu on the day the order to shoot, which had been prepared in weeks, was issued. The disciplinary proceedings that then had to be initiated against Shell have been discontinued. In 1983, proceedings initiated by the Kassel public prosecutor's office against Werner envelope, Erich Lattmann et al. , because Erich Lattmann , now 88 years old, was unable to stand trial. Shell retired in 1968.

Fonts (selection)

  • The wife's maintenance claim to money , Borna-Leipzig: Noske 1926, Marburg, Jur.Diss., 1926
  • The Military Criminal Court Code for the German Reich [with comment] Neufassg of November 4, 1933/23. Nov. 1934 with introductory law and Execution determination; [In addition to] addendum and cover sheets
  • The military criminal court order for the German Reich with commentary
  • The military criminal court order in the version of Sept. 29, 1936 with introductory law, implementation regulations and Subsidiary laws
  • The drafting of judgments in criminal matters A guide to practice. With e. Merkbl. fd Secretary in criminal matters ufd preparation of the indictment
  • The legal historical appearance of the Prussian criminal judgment , Aalen: Scientia Verl. 1965
  • The auditorium in Brandenburg-Preussen A legal history. Contribution z. History of his army with e. Excursus on Austria , Göttingen: Schwartz 1971
  • History of the highest regional court in Oldenburg (1573-1935) , Göttingen: Musterschmidt, 1974
  • History of the Oldenburg legal profession , Oldenburg: Holzberg 1977
  • with Josef Wiefels: German legal history , Heidelberg: Verlagsgesellschaft Recht u. Economy 1979
  • Oldenburg's path to the rule of law from the perspective of the 20th century: Lecture on d. Event d. Judicial authorities on October 1, 1979 in memory of d. Reorganization d. Jurisdiction in Oldenburg a hundred years ago , Oldenburg: Holzberg 1979

literature

  • Helmut Kramer : Careers and self-justifications of former Wehrmacht lawyers after 1945 , in: Wolfram Wette (Ed.): Filbinger: a German career , Jump: zu Klampen 2006 excerpt
  • Ernst Klee : The personal dictionary of the Third Reich. Who was what before and after 1945 . S. Fischer Verlag, Frankfurt am Main 2003. ISBN 3-10-039309-0 .
  • Manfred Messerschmidt : The Wehrmacht Justice 1933-1945. Schöningh, Paderborn u. a. 2005, ISBN 3-506-71349-3 .
  • Manfred Messerschmidt and Fritz Wüllner: The Wehrmacht Justice in the Service of National Socialism - Destroying a Legend . Nomos-Verlag, Baden-Baden 1987. ISBN 3-7890-1466-4 .

Web links

Individual evidence

  1. ^ Heinrich Dietz lawyer at DNB
  2. ^ Helmut Kramer: Careers and self-justifications of former Wehrmacht lawyers after 1945
  3. ↑ from the denazification files quoted by Helmut Kramer: Careers and self-justifications of former Wehrmacht lawyers after 1945 , p. 101
  4. ^ Helmut Kramer: Careers and self-justifications of former Wehrmacht lawyers after 1945 , p. 104
  5. ^ Proceedings of the Kassel public prosecutor 3 a J s 373/72 against Werner envelope, Erich Lattmann et al.
personal data
SURNAME Shell, Werner
BRIEF DESCRIPTION German judge
DATE OF BIRTH April 30, 1903
PLACE OF BIRTH Szczecin
DATE OF DEATH January 16, 1992
Place of death Oldenburg (Oldenburg)