Updated Babelfish
translation of this German article: Dr.
Helmut Kramer, Richter am OLG a.D.: Rechtsberatungsgesetz von
1935 - Instrument der Disziplinierung
Legal Advice Law of 1935 - Instrument of Disciplining: a
Constitutional Complaint against the Punishment of Citizens
Social Engagements
the Federal Constitutional Court in Germany must deal - 55
years after the end of the National Socialist rule - with the
question whether it is permitted to actively support the
abolition of terror judgements from the Nazi-time. Another
decision pending is whether right-experienced citizens are
allowed to give other citizen (even its best friends) legal
information or for keeping of a lawyer monopoly, introduced by
the national socialists. After still dominant court practice
co-workers of amnesty international, pro asylum, the Caritas
federation must also be refused. Priests can not give their
community members any legal information.
Particularly gladly the legal advice law is an instrument used
against pacifists. Thus the district court Braunschweig condemned
two total conscientious objectors because of "abusive legal
advice", because these had appeared with judicial permission
as defenders of other pacifists. The political intention of
making the defence more difficult from total conscientious
objectors is unmistakable. The defence of these in such a way
criminalised pacifists had taken over the retired judges at the
OLG (higher state court) Dr. Helmut Kramer. He gave a self
announcement in the main negotiation to protocol that he had
supported repeatedly legally others. Thus he had obtained
together with others the abolition of a Nazi death sentence from
the year 1944. And because he had become active also in other
cases altruistically, he was also condemned now because of
"abusive legal advice". On the other hand the
constitutional complaint of Helmut Kramer arranges itself. To
13.12.1935 of the Nazi ruling powers issued legal advice law is
even world-wide singular and in Europe. Under menace of a fine up
to 10.000. - DM forbids it to all citizens procuring
"commercially" others legally to in an advisory manner
or otherwise support "commercially" legal matters of
others without permission .
The possibility of the granting a permission is in aggravation
of the Nazi law limited since 1980 on some few occupational
groups (freight examiner, collection entrepreneur etc..).
"Only commercially" done legal advice can be pursued.
Commercialness is however already accepted due to jurisdiction
from the year 1938 by the National Socialist realm court, if one
legal advice is given and if "repetition danger"
exists. Expressly also the free, purely charitable legal advice
is forbidden. The national socialists had issued the legal advice
law, in order to make it thereby impossible for fired
professional lawyers and ejected Jewish and other politically
unpopular judges and attorneys to give private advice, in
particular also free practice of their professional abilities.
Behind it stood the thought, lawyers in opposition to the Nazi
regime could defend "public enemies" and other
"public pest" and be on their side.
PS: The Law
of Legal Advice is challenged by a constitutional
complaint of 6. April 2000. But it was not decided on in
October 2003. In addition there is a complaint to the European
Court of Human Rights filed 13. November 2003.
[Human Right Violations in Germany] [Back to
Law on Legal Advice] [Freedom of Information] [Back to Homepage]