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127-607: The court was established in 1934 by order of Reich Chancellor Adolf Hitler , in response to his dissatisfaction at the outcome of the Reichstag fire trial in front of the Reich Court of Justice ( Reichsgericht ) in which all but one of the defendants were acquitted. The court had jurisdiction over a rather broad array of "political offenses", which included crimes like black marketeering , work slowdowns, defeatism , and treason against Nazi Germany. These crimes were viewed by

254-408: A de novo review of both legal and factual findings. In doing so, it held that the scope of an appeal may not extend to challenging findings of fact where no legal error has been made. At this point, the court reasoned, the process ceases to be an appeal and instead becomes a new trial disguised as one. A notable example cited by critics of Canada's appeal system is the case of Guy Paul Morin , who

381-543: A motion of confidence ( Vertrauensfrage , literally "question of trust"), either combined with a legislative proposal or as a standalone vote. If such a vote fails, the chancellor may ask the president for the dissolution of the Bundestag ; they are however not bound to do so, and the president in turn is not bound to follow this request. The chancellor must appoint one of the cabinet ministers as vice chancellor (Article 69.1 Basic Law). The vice chancellor may deputise for

508-673: A prisoner-of-war in the Soviet Union . Of the other approximately 570 judges and prosecutors, none were held responsible for their actions related to the People's Court. In fact, many had careers in the West-German post-war legal system: Reich Chancellor The chancellor of Germany , officially the federal chancellor of the Federal Republic of Germany , is the head of the federal government of Germany , and

635-556: A "chancellor majority" of yes-votes. If the Bundestag is unable to elect a chancellor in these fourteen days, a final ballot is held on the very next day. Once again, candidates must be nominated by at least a quarter of all MPs. Candidates receiving a "chancellor majority" in this ballot are elected. Otherwise, it is up to the President of Germany either to appoint the candidate with the plurality of votes as Chancellor or to dissolve

762-553: A Court of competent jurisdiction and acquitted by such court cannot be tried again for the same offence or for any other offence based on similar facts. The scope of section 403 is restricted to criminal proceedings and not to civil proceedings and departmental inquiries. This principle is incorporated into the Constitution of the Republic of Serbia and further elaborated in its Criminal Procedure Act. The Bill of Rights in

889-431: A cardigan, faced Freisler, who addressed him as " Schweinehund ". When he said that he was not a Schweinehund , Freisler asked him what zoological category he thought he fitted into. The accused were unable to consult their lawyers, who were not seated near them. None of them was allowed to address the court at length, and Freisler interrupted any attempts to do so. However, Major General Helmuth Stieff attempted to raise

1016-405: A continuation of the same case. The European Convention on Human Rights permits this by using the phrase "finally acquitted or convicted" as the trigger for prohibiting subsequent prosecution. In contrast to other common law nations, Australian double jeopardy law has been held to further prevent the prosecution for perjury following a previous acquittal where a finding of perjury would controvert

1143-445: A conviction of a felony by themselves or in combination with earlier evidence. In Germany, a felony is defined by § 12 (1) StGB as a crime that has a minimum of one year of imprisonment. A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India , which states "No person shall be prosecuted and punished for the same offence more than once". This provision enshrines

1270-403: A crime already judged is impossible even if incriminating evidence has been found. However, a person who has been convicted may request another trial on the grounds of new exculpating evidence through a procedure known as révision . French law allows the prosecution to appeal an acquittal. The Basic Law ( Grundgesetz ) for the Federal Republic of Germany protects against double jeopardy if

1397-495: A department minister. The chancellor presided over the government, and he had to conduct business in accordance with given rules of procedure. In practice the Reich chancellor's power to determine political guidelines was limited by his own party as well as the other parties in the governing coalition. The Weimar chancellors were accordingly men whose strength lay in mediation rather than political initiative. Constitutionally, there

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1524-486: A different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter. A variation in common law countries is the peremptory plea , which may take the specific forms of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'). These doctrines appear to have originated in ancient Roman law , in

1651-565: A documentary entitled Traitors Before the People's Court . Intended to be used in The German Weekly Review , it was not shown at the time and turned out to be the last documentary made for the newsreel. The accused were forced to wear shabby clothes, denied neckties and belts or suspenders for their trousers, and were marched into the courtroom handcuffed to policemen. The proceedings began with Freisler announcing he would rule on "...the most horrific charges ever brought in

1778-682: A few days later. On 9 November 1918, Imperial Chancellor Prince Maximilian of Baden , handed over his office of chancellor to Friedrich Ebert . Ebert continued to serve as head of government during the three months between the abdication of Kaiser Wilhelm II and the end of the German Empire in November 1918, the beginning of the November 11, 1918 Armistice , and the first gathering behind the Western Front battle lines and trenches of

1905-409: A final verdict is pronounced. A verdict is final if nobody appeals against it. Nobody shall be punished multiple times for the same crime on the basis of general criminal law. However, each trial party can appeal against a verdict in the first instance. The prosecution or the defendants can appeal against a judgement if they disagree with it. In this case, the trial starts again in the second instance,

2032-513: A minimum sentence of 20 years or more are now possible even if the original trial preceded the 2006 reform. On 17 October 2006, the New South Wales Parliament passed legislation abolishing the rule against double jeopardy in cases where: On 30 July 2008, South Australia also introduced legislation to scrap parts of its double jeopardy law, legalising retrials for serious offences with "fresh and compelling" evidence, or if

2159-427: A person who was found not guilty in court. This new law is limited to crimes where someone died and new evidence must have been gathered. The new law also works retroactively. Article 13 of the Constitution of Pakistan protects a person from being punished or prosecuted more than once for the same offence. Section 403 of The Code of Criminal Procedure contemplates a situation where a person having once been tried by

2286-423: A prisoner's dock under armed police escort. The presiding judge would read the charges and then call the accused forward for "examination". Although the court had a prosecutor, it was usually the judge who asked the questions. Defendants were often berated during the examination and never allowed to respond with any sort of lengthy reply. After a barrage of insults and condemnation, the accused would be ordered back to

2413-489: A rare instance for the court's last nine months in existence, possibly motivated by fear of later reprisals, acquitted by its new acting president, Wilhelm Crohne . After the war Schlabrendorff became a judge of the Federal Constitutional Court of West Germany . Yet another version of Freisler's death states that he was killed by a British bomb that came through the ceiling of his courtroom as he

2540-405: A shelter, but paused to gather that day's files. Freisler was killed when an almost direct hit on the building caused him to be struck down by a beam in his own courtroom. His body was reportedly found crushed beneath a fallen masonry column, clutching the files that he had tried to retrieve. Among those files was that of Fabian von Schlabrendorff , a 20 July Plot member who was on trial that day and

2667-534: A strong monarchist, bureaucratic, and ultimately antiparliamentary component, as in the Prussian tradition of, for instance, Hardenberg . In both of these aspects, the executive of the earlier confederation, and then empire, as it was formed in 1867 and 1871, was deliberately different from the previous Imperial Ministry of the German revolutionary years of 1848–1849 , which had been led by a prime minister elected by

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2794-617: A year later. On 3 February 1945, Freisler was conducting a Saturday session of the People's Court, when USAAF Eighth Air Force bombers attacked Berlin . Government and Nazi Party buildings were hit, including the Reich Chancellery , the Gestapo headquarters, the Party Chancellery and the People's Court. According to one report, Freisler hastily adjourned court and had ordered that day's prisoners to be taken to

2921-532: Is "fresh and compelling" evidence. In Victoria on 21 December 2011, legislation was passed allowing new trials where there is "fresh and compelling DNA evidence, where the person acquitted subsequently admits to the crime, or where it becomes clear that key witnesses have given false evidence". However, retrial applications could only be made for serious offences such as murder, manslaughter, arson causing death, serious drug offences and aggravated forms of rape and armed robbery. In Queensland on 18 October 2007,

3048-481: Is called "constructive motion of no confidence" ( konstruktives Misstrauensvotum ) and was created to avoid the situation that existed in the Weimar Republic, when it was easier to gather a parliament majority willing to remove a government in office than to find a majority capable of supporting a new stable government. In order to garner legislative support in the Bundestag , the chancellor can also ask for

3175-462: Is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court. The supreme court might admit this complaint, and the case will be reopened yet again, at another district court. Again, new evidence might be introduced by the prosecution. On 9 April 2013, the Dutch senate voted 36 "yes" versus 35 "no" in favour of a new law that allows the prosecutor to re-try

3302-643: Is interred in the plot of his wife's family at the Waldfriedhof Dahlem cemetery in Berlin. His name is not shown on the gravestone. In 1956 the German Federal High Court of Justice ( Bundesgerichtshof ) granted the so-called "Judges' Privilege" to those that had been part of the People's Court. This prevented the prosecution of the former People's Court members on the basis that their actions had been legal under laws in effect at

3429-414: Is permissible after a final judgement, In the case of an order of summary punishment , which can be issued by the court without a trial for lesser misdemeanours, there is a further exception: A retrial not in favour of the defendant is also permissible if the defendant has been convicted in a final order of summary punishment and new facts or evidence have been brought forward, which establish grounds for

3556-583: Is seen as such within the German public, it is only the third highest office , following the head of state (the President of Germany ) and the President of the Bundestag , a position similar to the speaker of the federal parliament. Whichever major party ( CDU /CSU or SPD ) does not hold the chancellorship usually calls its leading candidate for the federal election "chancellor-candidate" ( Kanzlerkandidat ). The federal government ( Bundesregierung ) consists of

3683-399: Is usually considered a single historical course of actions the separation of which would seem unnatural". This is true even if new facts come to light that indicate other crimes. The Penal Procedural Code ( Strafprozessordnung ) permits a retrial ( Wiederaufnahmeverfahren ), if it is in favour of the defendant or if the following events have happened: A retrial not in favour of the defendant

3810-534: The Bundespräsidium , (i.e. the Prussian king; since 1871 called German Emperor). The state secretaries ( Staatssekretäre ) were civil servants subordinate to the chancellor and similar to ministers. Besides his executive duties, the constitution gave the chancellor only one function: presiding over the German Empire's upper legislative chamber of the Bundesrat (Federal Council), the representative organ of

3937-487: The Bundespräsidium , appointed him on 14 July 1867. Under the German Empire's constitution of 1 January 1871, the king had the additional title of Emperor. The constitution still called the chancellor, Bundeskanzler . This was changed a few months later in the new revised constitution of 16 April 1871 to Reichskanzler . Since the office remained the same, it was not necessary for Bismarck to be re-appointed. In

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4064-659: The Constitution of South Africa forbids a retrial when there has already been an acquittal or a conviction. Every accused person has a right to a fair trial, which includes the right ... not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted ... Article 13 of the South Korean constitution provides that no citizen shall be placed in double jeopardy. Double jeopardy has been permitted in England and Wales in certain (exceptional) circumstances since

4191-536: The Criminal Justice Act 2003 . The doctrines of autrefois acquit and autrefois convict persisted as part of the common law from the time of the Norman conquest of England ; they were regarded as essential elements for protection of the subject's liberty and respect for due process of law in that there should be finality of proceedings. There were only three exceptions, all relatively recent, to

4318-538: The European Union (Art. 54 Schengen Convention ), and in various extradition treaties between two countries. The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise, under Article 14 (7): "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with

4445-490: The German Empire , First German Republic (Weimar Republic) , National Socialist Germany (Nazi Germany) , Federal Republic of Germany (West Germany) / German Democratic Republic (East Germany) or the earlier North German Confederation of 1867–1871, then the current reunified, revived and expanded Federal Republic of Germany - nearly all of them with the title of Chancellor as the elected head of government. In

4572-524: The German Empire , the Reichskanzler (" Imperial Chancellor ") served both as the emperor's first minister and as presiding officer of the Bundesrat , the upper chamber of the German parliament. He was neither elected by nor responsible to parliament (the Reichstag ). Instead, the chancellor was appointed by the emperor. The federal level had four organs: Technically, the foreign ministers of

4699-466: The National Assembly . In 1871, the concept of the federal chancellor was transferred to the executive of the newly formed German Empire, which now also contained the several South German states. Here too, the terms of "chancellor" and "federal agency" (as opposed to "ministry" or "government") suggested an (apparent) lower priority of the federal executive as compared to the governments of

4826-710: The archbishop of Cologne was chancellor of Italy and the archbishop of Trier of Burgundy . These three prince-archbishops were also prince-electors of the Holy Roman Empire electing the King of the Romans . Already in mediaeval times, the German chancellor had political power like Archbishop Willigis (archchancellor 975–1011, regent for King Otto III (AD 991–994) or Rainald von Dassel (chancellor, 1156–1162 and 1166–1167), under Holy Roman Emperor Frederick Barbarossa . In 1559, Emperor Ferdinand I established

4953-793: The commander-in-chief of the German Armed Forces during wartime . The chancellor is the chief executive of the Federal Cabinet and heads the executive branch. The chancellor is elected by the Bundestag on the proposal of the federal president and without debate (Article 63 of the German Constitution ). The current officeholder is Olaf Scholz of the Social Democratic Party , who was elected in December 2021, succeeding Angela Merkel . He

5080-481: The Basic Law can be divided into three phases: The process begins with the President of Germany proposing a candidate to the Bundestag (A formality, as they are usually a candidate on which majority parties have agreed to beforehand), who is then voted upon without debate ("1st voting phase"). If the nominee reaches the necessary "chancellor majority", the President of Germany will appoint him or her and, after that,

5207-447: The Basic Law sets forth three principles that define how the executive branch functions: Political party:     CDU     SPD The chancellor is elected by the Bundestag and formally appointed by the president of Germany. A chancellor's election is necessary whenever the office of Chancellor has fallen vacant. This is the case if a newly elected Bundestag meets for the first time, or during legislative periods, if

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5334-495: The Basic Law, the chancellor may set the number of cabinet ministers and dictate their specific duties. Chancellor Ludwig Erhard had the largest cabinet, with 22 ministers, in the mid-1960s. Helmut Kohl presided over 17 ministers at the start of his fourth term in 1994; the 2002 cabinet, the second of Chancellor Gerhard Schröder, had 13 ministers, and the Angela Merkel cabinet as of 22 November 2005 had 15. Article 65 of

5461-474: The Bundesrat, Bismarck could effectively control the proceedings by making deals with the smaller states. The term chancellor signalled the seemingly low priority of this institution compared to the governments of the German states, because the new chancellor of the federal empire should not be a full-fledged prime minister, in contrast to the heads of the states. The title of chancellor additionally symbolized

5588-410: The Bundestag and call new elections. Another possibility to vote a new chancellor into office is the constructive vote of no confidence , which allows the Bundestag to replace a sitting chancellor, if it elects a new chancellor with the "chancellor-majority" (see below). As of 2023, all chancellors of the federal republic have been (re-)elected on proposal of the President and on the first ballot with

5715-589: The Constitution. The Constitution of Japan , which came into effect on 3 May 1947, states in Article 39 that No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy. However, in 1950, one defendant was found guilty in the District Court for crimes related to the election law and

5842-490: The Enabling Act to merge the office of chancellor with that of the president to create a new office, "the leader" (or Führer ). Although the offices were merged, Hitler continued to be addressed as " Führer und Reichskanzler " indicating that the head of state and head of government were still separate positions, albeit held by the same person, although the title of " Reichskanzler " was quietly dropped. This separation

5969-479: The Napoleonic Wars and the peace-making Congress of Vienna did not have a government or parliament, only the single-chamber legislature Bundestag as representative organ of the various German states in the 51 year old Confederation. The role of the chancellor has varied during the different eras. From 1867 to 1918, the chancellor was the only responsible minister at the federal level. He was appointed by

6096-613: The People's Deputies , to attempt to govern Germany in the crisis aftermath of the war reversals and seek an armistice / peace with the attacking / invading Allies of World War I , which was attained in the Armistice of 11 November 1918 on the Western Front in occupied northern France and Belgium . Following the defeat of the 1918 German Empire in the First World War , a new post-war democratic republic government

6223-492: The President of the Bundestag will administer the oath of office before the assembled house. If this nominee is not elected, the right of nomination is transferred onto the Bundestag: Candidates can now be nominated for election, whereby a nomination must be supported by at least a quarter of all MPs. The Bundestag can hold any number of ballots in this manner for two weeks. To be elected, a candidate still needs

6350-505: The Reich President was forced to ask Adolf Hitler, to become Chancellor of Germany. Subsequently, the 1919 Weimar Constitution was de facto set aside. After the death of elderly German Reich President Paul von Hindenburg the following year in 1934, Adolf Hitler, the dictatorial party leader, also then took over the powers of the president. The new official title became Führer und Reichskanzler (meaning "Leader and Chancellor of

6477-468: The Reich"). The 1949 constitution gave the chancellor much greater powers than during the Weimar Republic of the 1920s and early 1930s, while strongly diminishing the role of the federal president. Germany is today often referred to as a "chancellor democracy", reflecting the role of the chancellor as the country's chief executive. Since 1867, 33 people have served as heads of government of

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6604-586: The Reichstag before he made ministerial appointments. Based on these talks, the president would get a sense of which potential chancellor would be able to build a stable majority in the Reichstag. According to the sense of the Weimar Constitution, the president was thus to have the initiative. The task of putting together the Reich government was nevertheless the responsibility of the chancellor. The president could not appoint anyone as minister whom

6731-522: The Reichstag could also impeach the chancellor as well as the ministers and the president before the State Court for the German Reich ( Staatsgerichtshof für das Deutsche Reich ), the Weimar Republic's constitutional court. Adolf Hitler was appointed chancellor of Germany on 30 January 1933 by Paul von Hindenburg . On taking office, Hitler immediately began accumulating power and changing

6858-594: The Supreme Court made a landmark decision in the area of double jeopardy. The case involved Article 235 of the Penal Code, which addresses "simple larceny", and Article 2 of the Law for Prevention and Disposition of Robbery, Theft, etc., which addresses "habitual larceny". The Court ruled that in the event that there are two trials for separate cases of simple larceny, it will not be considered double jeopardy, even if

6985-589: The Supreme Court made the Grand Bench Decision to rule against the defendant and declared that a criminal proceeding in the District Court, High Court and Supreme Court is all one case and that there is no double jeopardy. In other words, if the prosecutor appeals against a judgement of not guilty or a guilty decision that they think does not impose a severe enough sentence, the defendant will not be placed in double jeopardy. On 10 October 2003,

7112-527: The United Kingdom, and the Netherlands. In those member states, national rules governing double jeopardy may or may not comply with the provision cited above. Member states may, however, implement legislation which allows the reopening of a case if new evidence is found or if there was a fundamental defect in the previous proceedings: The provisions of the preceding paragraph shall not prevent

7239-616: The United States, the guarantee against being "twice put in jeopardy" is a constitutional right. In other countries, the protection is afforded by statute . In common law countries, a defendant may enter a peremptory plea of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'), with the same effect. Double jeopardy is not a principle of international law . It does not apply between different countries, unless having been contractually agreed on between those countries as, for example, in

7366-492: The abdication of the emperor / kaiser Wilhelm II of the Hohenzollern dynasty , who then left Germany with his family for exile in the neighboring Kingdom of the Netherlands . Although he lacked the constitutional authority, the last imperial chancellor handed over his office to Friedrich Ebert , (leader of the anti-war Social Democratic Party who the next day became co-chairman of the temporary revolutionary Council of

7493-475: The acquittal was tainted. In Western Australia , amendments introduced on 8 September 2011 allow retrial if "new and compelling" evidence is found. It applies to serious offences where the penalty is life imprisonment or imprisonment for 14 years or more. Acquittal because of tainting ( witness intimidation , jury tampering , or perjury) also permits retrial. In Tasmania , on 19 August 2008, amendments were introduced to allow retrial in serious cases if there

7620-489: The acquittal. This was confirmed in the case of R v Carroll , where the police found new evidence convincingly disproving Carroll's sworn alibi two decades after he had been acquitted of murder charges in the death of Ipswich child Deidre Kennedy, and successfully prosecuted him for perjury. Public outcry following the overturn of his conviction (for perjury) by the High Court has led to widespread calls for reform of

7747-490: The acquitted has made a credible admission of guilt. Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found, and if the trial is found to be in the public's interest. In some countries, including Canada, Mexico, and

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7874-579: The agency of an imperial chancellery ( Reichshofkanzlei ) at the Vienna's Hofburg Palace , headed by a vice chancellor under the nominal authority of the Mainz archbishop. Upon the 1620 Battle of White Mountain , Emperor Ferdinand II created the office of an Archduchy of Austria court chancellor in charge of the internal and foreign affairs of the ruling dynasty of the Habsburg monarchy . From 1753 onwards,

8001-701: The appeal and the subsequent conviction are deemed to be a continuation of the original trial. For an appeal from an acquittal to be successful, the Supreme Court of Canada requires the Crown to show that an error in law was made during the trial and that it contributed to the verdict. It has been argued that this test is unfairly beneficial to the prosecution. For instance, in his book My Life in Crime and Other Academic Adventures , Martin Friedland contends that

8128-421: The broader principle non bis in idem ('not twice against the same'). If a double jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries, certain exemptions are permitted. In Scotland, a new trial can be initiated if, for example,

8255-607: The chairmanship of the SPD in 2004. The first chancellor, Konrad Adenauer , set many precedents that continue today and established the chancellorship as the clear focus of power in Germany. Under the provisions of the Basic Law giving him the power to set guidelines for all fields of policy, Adenauer arrogated nearly all major decisions to himself. He often treated his ministers as mere extensions of his authority rather than colleagues. While his successors have tended to be less domineering,

8382-461: The chancellor and cabinet ministers. The chancellor's authority emanates from the provisions of the Basic Law and in practice from their status as leader of the party (or coalition of parties) holding a majority of seats in the Bundestag (federal parliament). With the exception of Helmut Schmidt and Olaf Scholz , the chancellor has also been chairman of their own party. This was the case with Chancellor Gerhard Schröder from 1999 until he resigned

8509-508: The chancellor had not proposed. The chancellor alone had to answer to the Reichstag and the president for the policy guidelines, and he determined whether the conduct of business by the individual Reich ministries conformed to the guidelines. The government's decisions required a majority vote of the ministers, who sitting together were known as the National Ministry (Article 58). The chancellor could therefore be outvoted, as could

8636-483: The chancellor has acquired enough ex officio authority (in addition to their constitutional powers) that Germany is often described by constitutional law experts as a "chancellor democracy". The chancellor determines the composition of the Federal Cabinet . The president formally appoints and dismisses cabinet ministers, on the recommendation of the chancellor; no parliamentary approval is needed. According to

8763-523: The chancellor, if they are absent or unable to perform their duties. Although the chancellor is theoretically free to choose any cabinet minister, in coalition governments the leadership of the second biggest coalition party usually designates one of their ministers for the position, whom the chancellor appoints accordingly. Double jeopardy In jurisprudence , double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on

8890-461: The concept of autrefois convict , that no one convicted of an offence can be tried or punished a second time. However, it does not extend to autrefois acquit , and so if a person is acquitted of a crime he can be retried. In India, protection against autrefois acquit is a statutory right , not a fundamental one. Such protection is provided by provisions of the Code of Criminal Procedure rather than by

9017-400: The convention, Article 4, protects against double jeopardy: "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he or she has already been finally acquitted or convicted in accordance with the law and penal procedure of that State." All EU states ratified this optional protocol except for Germany,

9144-524: The court as Wehrkraftzersetzung ("the disintegration of defensive capability") and were accordingly punished severely; the death penalty was meted out in numerous cases. The court handed down an enormous number of death sentences under Judge-President Roland Freisler , including those that followed the plot to kill Hitler on 20 July 1944. Many of those found guilty by the court were executed in Plötzensee Prison in Berlin. The proceedings of

9271-411: The court of appeal ( Berufungsgericht ), which reconsiders the facts and reasons and delivers a final judgement. If one of the parties disagrees with the second instance's judgement, they can appeal it only for formal judicial reasons. The case will be checked in the third instance ( Revisionsgericht ) to see whether all laws were correctly applied. The rule applies to the whole "historical event, which

9398-510: The court were often even less than show trials in that some cases, such as that of Sophie Scholl and her brother Hans Scholl and fellow White Rose activists, trials were concluded in less than an hour without evidence being presented or arguments made by either side. The president of the court often acted as prosecutor, denouncing defendants, then pronouncing his verdict and sentence without objection from defense counsel, who usually remained silent throughout. The court almost always sided with

9525-400: The defendant with one count of habitual larceny or to charge them with multiple counts of trespassing and simple larceny. In either case, it is not considered double jeopardy. In the Netherlands, the state prosecution can appeal a not-guilty verdict at the bench. New evidence can be applied during a retrial at a district court . Thus one can be tried twice for the same alleged crime. If one

9652-403: The defense lawyer would usually simply answer questions about how the trial would proceed and refrain from any legal advice. In at least one documented case (the trial of the " White Rose " conspirators), the defense lawyer assigned to Sophie Scholl chastised her the day before the trial, stating that she would pay for her crimes. The People's Court proceedings began when the accused were led to

9779-445: The dock with the order "examination concluded". After examination, the defense attorney would be asked if they had any statements or questions. Defense lawyers were present simply as a formality and hardly ever rose to speak. The judge would then ask the defendants for a statement during which time more insults and berating comments would be shouted at the accused. The verdict, which was almost always "guilty", would then be announced and

9906-485: The double jeopardy laws were modified to allow a retrial where fresh and compelling evidence becomes available after an acquittal for murder or a "tainted acquittal" for a crime carrying a 25-year or more sentence. A "tainted acquittal" requires a conviction for an administration of justice offence, such as perjury, that led to the original acquittal. The Canadian Charter of Rights and Freedoms includes provisions such as section 11(h) prohibiting double jeopardy. However,

10033-491: The empire's states instructed their states' deputies to the Bundesrat and therefore outranked the chancellor. For this reason, Prince Bismarck (as he was from 1871 onwards) continued to serve as both minister president and foreign minister of the Kingdom of Prussia for virtually his entire tenure as chancellor of the empire (1871–1890), since he wanted to continue to exercise the power. Because Prussia controlled seventeen votes in

10160-483: The enlargement of this short-lived federal state to the newly unified and established German Empire (" Second Reich ") in 1871, the title was renamed to Reichskanzler (meaning " Imperial Chancellor "). 78 years later after the 1945 defeat in World War II , with the new reorganized Federal Republic of Germany (West Germany)'s Basic Law (constitution) of 1949 , the title of Bundeskanzler - "Federal Chancellor"

10287-403: The federal states. For this reason, neither the chancellor nor the leaders of the imperial departments under his command used the title of Minister until 1918. The constitution of the German Empire was reformed / altered on 29 October 1918 , when the parliament Reichstag and Bundesrat was given the right to dismiss the chancellor. However, the change could not prevent the outbreak of revolution

10414-415: The former chancellor died or resigned. The chancellor's election is one of the few cases in which a vote in the Bundestag requires a majority of all elected members , not just a majority of those assembled at the time, or the so-called Kanzlermehrheit ("chancellor majority"). As with other elections performed by the Bundestag, the chancellor is elected via secret ballot. The election procedure laid down in

10541-556: The history of the German people." Freisler was an admirer of Andrey Vyshinsky , the chief prosecutor of the Soviet purge trials , and copied Vyshinsky's practice of heaping loud and violent abuse on defendants. The 62-year-old Field Marshal von Witzleben was the first to stand before Freisler and he was immediately castigated for giving a brief Nazi salute . He faced further humiliating insults while holding onto his trouser waistband. Next, former Colonel-General Erich Hoepner, dressed in

10668-488: The imposing Great Hall of the Berlin Chamber Court on Elßholzstrasse, which was bedecked with swastikas for the occasion. There were around 300 spectators, including Ernst Kaltenbrunner and selected civil servants, party functionaries, military officers and journalists. A film camera ran behind the red-robed Roland Freisler so that Hitler could view the proceedings, and to provide footage for newsreels and

10795-403: The issue of his motives before being shouted down, and Witzleben managed to call out "You may hand us over to the executioner, but in three months, the disgusted and harried people will bring you to book and drag you alive through the dirt in the streets!" All were condemned to death by hanging, and the sentences were carried out shortly afterwards in Plötzensee Prison . Another trial of plotters

10922-429: The jury. Turcotte was later convicted of second-degree murder in the second trial. Another well-known example is Henry Morgentaler , whose repeated acquittals by juries were overturned on appeal in multiple provinces. Once all appeals have been exhausted on a case, the judgement is final and the action of the prosecution is closed (code of penal procedure, art. 6), except if the final ruling was forged . Prosecution for

11049-440: The law along the lines of the England and Wales legislation. During a Council of Australian Governments (COAG) meeting of 2007, model legislation to rework double jeopardy laws was drafted, but there was no formal agreement for each state to introduce it. All states have now chosen to introduce legislation that mirrors COAG's recommendations on "fresh and compelling" evidence. In New South Wales , retrials of serious cases with

11176-523: The law and penal procedure of each country." However, it does not apply to prosecutions by two different sovereigns (unless the relevant extradition treaty expresses a prohibition). All members of the Council of Europe (which includes nearly all European countries and every member of the European Union ) have adopted the European Convention on Human Rights . The optional Protocol No. 7 to

11303-464: The loose federal government of the brief North German Confederation , which was created on 1 July 1867, had the title Bundeskanzler . The only person to hold the office for those three years was Otto von Bismarck , the serving minister president of the Kingdom of Prussia. Chancellor Bismarck served under the king of Prussia of the Hohenzollern royal dynasty , then William (Wilhelm) I , holder of

11430-469: The nature of the chancellorship. After only two months in office, and following the burning of the Reichstag building , the parliament passed the Enabling Act giving the chancellor full legislative powers for a period of four years – the chancellor could introduce any law without consulting parliament. The powers of the chancellor continued to grow until August 1934, when Hindenburg died. Hitler used

11557-645: The new National Assembly of the German Republic (Weimar Republic) several months later in the town of Weimar , in February 1919, but Ebert did not then use the title of chancellor. During that time, Ebert also served as chairman of the " Council of the People's Deputies ", until a month and half later on 29 December 1918 together with the allied Independent Social Democrat party leader Hugo Haase , who unfortunately died later that next year in November 1919. The office of chancellor ( Reichskanzler )

11684-462: The now-defunct communist German Democratic Republic (East Germany) , which also existed in a parallel life, first occupied in the eastern Soviet Zone (including a similar wedge of the former German capital of Berlin after World War II by the Red Army of the Soviet Union , which dominated East Germany from 7 October 1949 to 3 October 1990 (when the territory of the former GDR was reunified with

11811-634: The office of an Austrian state chancellor was held by Prince Kaunitz . The imperial chancellery lost its importance, and from the days of Queen Maria Theresa and Holy Roman Emperor Joseph II , merely existed on paper. After the 1806 dissolution of the Holy Roman Empire by Napoleon, Prince Klemens von Metternich served as state chancellor of the German-speaking Austrian Empire , likewise Prince Karl August von Hardenberg acted as Kingdom of Prussia 's chancellor (1810–1822). The German Confederation of 1815–1866, organized after

11938-481: The population, the People's Court became far more ruthless and hardly anyone brought before the tribunal escaped a guilty verdict. The best-known trials in the People's Court began on 7 August 1944, in the aftermath of the 20 July plot that year. The first eight men accused were Erwin von Witzleben , Erich Hoepner , Paul von Hase , Peter Yorck von Wartenburg , Helmuth Stieff , Robert Bernardis , Friedrich Klausing , and Albrecht von Hagen . The trials were held in

12065-416: The president on the recommendation of the chancellor (Article 53), and members of the government required the confidence of the Reichstag (Article 54). The provisions gave rise to the question of who in fact was responsible for forming the government. Constitutional law expert Ernst Rudolf Huber said that the constitution had tacitly assumed that the president would have discussions with party leaders in

12192-445: The prohibition only applies after an accused person has been "finally" convicted or acquitted. Canadian law allows the prosecution to appeal an acquittal based on legal errors. In rare circumstances, when a trial judge made all the factual findings necessary for a finding of guilt but misapplied the law, a court of appeal might also directly substitute an acquittal for a conviction. These cases are not considered double jeopardy because

12319-506: The prosecution, to the point that, from 1943 on, being brought before it was tantamount to a death sentence. While Nazi Germany was not a rule of law state, the People's Court frequently dispensed with even the nominal laws and procedures of regular German trials and is therefore characterized as a kangaroo court . In 1985, the West German Bundestag declared the People's Court to be an instrument of judicial murder . There

12446-431: The prosecutor could have charged both of them as a single crime of habitual larceny. The defendant in this case had committed crimes of trespassing and simple larceny on 22 occasions. The defence counsel argued that the crimes were actually one offence of habitual larceny and that charging them as separate counts was double jeopardy. The Supreme Court ruled that it was within the prosecutor's discretion as to whether to charge

12573-455: The reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case. In many European countries, the prosecution may appeal an acquittal to a higher court. This is not regarded as double jeopardy, but as

12700-423: The rule should be changed so that a retrial is granted only when the error is shown to be responsible for the verdict, not just a factor. Though the charter permits appeals of acquittals, there are still constitutional limits imposed on the scope of these appeals. In Corp. Professionnelle des Médecins v. Thibault , the Supreme Court struck down a provision of Quebec law that allowed appellate courts to conduct

12827-403: The same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction . Double jeopardy is a common concept in criminal law – in civil law , a similar concept is that of res judicata . The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however,

12954-516: The sentence handed down at the same time. In all, an appearance before the People's Court could take as little as fifteen minutes. From 1934 to 1945, the court sentenced 10,980 people to prison and imposed the death penalty on 5,179 more who were convicted of high treason. About 1,000 were acquitted. Prior to the Battle of Stalingrad , there was a higher percentage of cases in which not guilty verdicts were handed down on indictments. In some cases, this

13081-454: The sole exception of Helmut Kohl, who was elected to his first term via a constructive vote of no confidence against Helmut Schmidt . Unlike in other parliamentary legislatures, the Bundestag cannot remove the chancellor with a traditional motion of no confidence . Instead, the removal of a chancellor is only possible if a majority of the Bundestag members agree on a successor, who is then immediately sworn in as new chancellor. This procedure

13208-410: The subordinate ministers of various portfolios (departments / agencies) on the chancellor's recommendation. The chancellor or any minister had to be dismissed if the lower chamber of the Reichstag legislative assembly (continuing its old name of the previous century of the Reichstag ) demanded it. As today, the chancellor had the prerogative to determine the guidelines of government. In reality this power

13335-550: The time. The only member of the People's Court ever to be held liable for his actions was Chief Public Prosecutor Ernst Lautz  [ de ] , who in 1947 was sentenced to 10 years of imprisonment by a US Military Tribunal, during the Judges' Trial , one of the " subsequent Nuremberg proceedings ". Lautz was released after serving less than four years of his sentence and was granted a government pension by West Germany. One People's Judge of Bremen , Heino von Heimburg died 1945

13462-456: The title "Leading Minister". The 1949 German constitution, the Basic Law ( Grundgesetz ), invests the chancellor (German, Bundeskanzler ) with broad powers to initiate government policy. For that reason, some observers refer to the German political system as a "chancellor democracy". Even though the office of chancellor is often considered the most powerful in the German political system and

13589-468: The various German states (which together with the Reichstag was the Reich's lower legislative chamber and major lawmaking body). The chancellor was also nearly always Minister President of Prussia , which was the largest and dominant state in the Empire. Indirectly, this gave him the power of the Bundesrat, including to dissolve the houses of parliament and call for elections. Although effective government

13716-682: The western Federal Republic of Germany), the position of chancellor did not exist. The equivalent position of head of government there was called either Minister President (Ministerpräsident) or the Chairman of the Council of Ministers of the GDR (Vorsitzender des Ministerrats der DDR) , which was the second powerful position under General Secretary of the Socialist Unity Party of Germany (See Leaders of East Germany ). The head of

13843-473: Was able to mention the "...many murders committed at home and abroad" as a motivation for his actions. On 30 August, Colonel-General Carl-Heinrich von Stülpnagel , who had blinded himself in a suicide attempt, was led into the court and condemned to death along with Caesar von Hofacker , Hans Otfried von Linstow , and Eberhard Finckh . In the aftermath of the 20 July Plot to assassinate Hitler, senior intelligence analyst Lieutenant Colonel Alexis von Roenne

13970-558: Was also called chancellor (from Latin : cancellarius ). The chapel's college acted as the emperor's chancery issuing deeds and capitularies . From the days of Louis the German , the Roman Catholic archbishop of Mainz was ex officio German archchancellor , a position he held until the end of the 900 year old Holy Roman Empire decreed by Napoleon Bonaparte during the Napoleonic Wars in 1806; de jure .

14097-400: Was also the fact that the president had certain special rights. The actions of the president required the countersignature of the chancellor or the minister or ministers concerned, but the president always had to be informed about matters of foreign and defence policy. The Reichstag could call for the dismissal of any member of the government, including the chancellor. Under Articles 54 and 59,

14224-400: Was arrested on account of his links with many of the conspirators. Although not directly involved in the plot, he was nonetheless tried, found guilty by the show trial, and hanged on a meat hook at Plötzensee Prison on 12 October 1944. Field Marshal von Witzleben's prediction of Roland Freisler's fate proved slightly incorrect, as he died in a bombing raid in February 1945, approximately half

14351-413: Was continued in the Weimar Republic . The Weimar Constitution provided for a two-part executive consisting of a Reich president and a government made up of Reich ministers and a Reich chancellor (Article 52) who determined the guidelines of the government's policy (Article 56). The constitution stipulated that the president appoint and dismiss the chancellor and ministers. The ministers were appointed by

14478-466: Was due to defense lawyers presenting the accused as naive or the defendant adequately explaining the nature of the political charges against them. However, in nearly two-thirds of such cases, the defendants would be re-arrested by the Gestapo following the trial and sent to a concentration camp . After the defeat at Stalingrad, and with a growing fear in the German government regarding defeatism amongst

14605-557: Was elected after the SPD entered into a coalition agreement with Alliance 90/The Greens and the FDP . The office of Chancellor has a long history, stemming back to the Holy Roman Empire ( c. 900-1806), when the office of German arch chancellor was usually held by the Roman Catholic archbishops of Mainz . The title was, at times, used in several states of German-speaking Central Europe . The modern office of chancellor

14732-730: Was established with the beginning of the North German Confederation in 1867, after the Prussian Army 's decisive military victory in the brief Austro-Prussian War of 1866 over the rival Austrian Empire . The office began with the Confederation under which its prime creator / instigator Otto von Bismarck , (previously foreign minister, then Chancellor of the Kingdom of Prussia since 1862), became Bundeskanzler (meaning " Federal Chancellor ") in 1867. With

14859-418: Was facing execution. According to a different report, Freisler "was killed by a bomb fragment while trying to escape from his law court to the air-raid shelter", and he "bled to death on the pavement outside the People's Court at Bellevuestrasse 15 in Berlin". Fabian von Schlabrendorff was "standing near his judge when the latter met his end." Freisler's death saved Schlabrendorff – he was later re-tried and, in

14986-490: Was held on 10 August. On that occasion the accused were Erich Fellgiebel , Alfred Kranzfelder , Fritz-Dietlof von der Schulenburg , Georg Hansen , and Berthold Schenk Graf von Stauffenberg . On 15 August, Wolf-Heinrich Graf von Helldorf , Egbert Hayessen , Hans Bernd von Haeften , and Adam von Trott zu Solz were condemned to death by Freisler. On 21 August, the accused were Fritz Thiele , Friedrich Gustav Jaeger , and Ulrich Wilhelm Graf Schwerin von Schwanenfeld who

15113-468: Was limited by the needs of coalition governments of the several major political parties (and numerous smaller minor ones) plus the powers of the Reich President in this early 20th century created version of a European German democratic republic and political system. When the Nazi Party led by Adolf Hitler came to power after receiving a plurality in the parliamentary elections on 30 January 1933, and

15240-643: Was made more evident when, in April 1945, Hitler gave instruction that upon his death, the office of the Führer would dissolve and be replaced by the previous system of administration: that of the office of the President separate from that of Chancellor. On 30 April 1945, when Hitler committed suicide, he was briefly succeeded as Chancellor by Joseph Goebbels and as President of Germany by Grand Admiral Karl Dönitz . When Goebbels also committed suicide, Dönitz appointed Count Schwerin von Krosigk as head of government with

15367-475: Was no presumption of innocence nor could the defendants adequately represent themselves or consult counsel. A proceeding at the People's Court would follow an initial indictment in which a state or city prosecutor would forward the names of the accused to the Volksgerichtshof for charges of a political nature. Defendants were hardly ever allowed to speak to their attorneys beforehand and when they did

15494-623: Was possible only in cooperation with the Reichstag, the results of the elections had at most an indirect influence on the chancellorship. Only by October 1918 on the verge of disastrous defeat in the First World War , was the Empire's 1871 constitution changed and reformed after 47 years, to require that the chancellor have the trust / confidence of parliament (as in the British Parliament and other European parliamentary democracies). Some two weeks later, Chancellor Max von Baden declared

15621-722: Was revived, continuing to the present after 1992 with the Reunification of Germany following the dissolution of the Soviet Union and the end of the Cold War , and a newly expanded Federal Republic of Germany . Due to his administrative tasks, the head of the clerics at the chapel of an Kaiserpfalz during the Carolingian Empire (AD 800–887), beginning with first the king of the Franks , Charlemagne ,

15748-478: Was sentenced to paying a fine. The prosecutor wanted a stronger sentence and appealed to the High Court. As a result, the defendant was sentenced to three months of imprisonment. He appealed to the Supreme Court on the grounds that the sentence was excessive when compared with precedents and that he had been placed in double jeopardy, which was in violation of Article 39. On 27 September 1950, all fifteen judges of

15875-544: Was set up for the German people by the popularly elected Weimar National Assembly , which met in the historic town of Weimar in 1919/20. According to the Weimar Constitution for the First German Republic (a.k.a. "Weimar Republic", 1919-1933), the chancellor was head of a collegial democratic government. The chancellor was appointed by the new President of Germany (Reich President) , as were

16002-487: Was trying two women, who survived the explosion. A foreign correspondent reported, "Apparently nobody regretted his death." Luise Jodl, the wife of General Alfred Jodl , recounted more than 25 years later that she had been working at the Lützow Hospital when Freisler's body was brought in, and that a worker commented, "It is God's verdict." According to Luise Jodl, "Not one person said a word in reply." Freisler

16129-471: Was wrongfully convicted in his second trial after the acquittal in his first trial was vacated by the Supreme Court. Another notable use of the system occurred in the case of child murderer Guy Turcotte , the Quebec Court of Appeal overturned the initial verdict of not criminally responsible by reason of mental disorder and ordered a second trial after it found that the judge had erroneously instructed

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