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German and Swiss Cases

Published online by Cambridge University Press:  28 March 2017

Extract

German and Swiss Cases. September 30, 1960.

4 St R 242/60. Juristenzeitung 1962, p. 28 et seq.

The accused, a former officer in the German Army, was convicted of murder and sentenced to life imprisonment at hard labor for participating in the shooting of Russian slave laborers at the end of March, 1945.

Type
Judicial Decisions
Copyright
Copyright © American Society of International Law 1963

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References

1 Germany has abolished the death penalty.—Beporter's note.

1 Reported in 56 A.J.I.L. 562 (1962).

1 Under Art. 100, par. 1, of the Basic Law, whenever a court in a pending ease comes to the conclusion that a statute which is pertinent to the adjudication of the case violates the Basic Law, it must stay the proceeding and ex officio refer the constitutional question to the Federal Constitutional Court.–Reporter's note.

* The Editor of the Neue Juristische Wochenschrift was kind enough to make the full text of the decision available to the reporter.

1 Reporter's note: It should be pointed out that the German generic term “Wertpapier’ is broader than the concept of “securities.” It includes bills of exchange, bills of lading and checks, in addition to stocks, bonds, debentures, etc.

2 Law No. 63 “clarifying the status of German external assets and of other property taken by way of reparation or restitution” of Aug. 31, 1951 (Official Gazette of the Allied High Commission for Germany, No. 64, p. 1107 et seq.).—Reporter's note.

1 Art. 1, par. 2, exempts from the definition of “ external assets”:

(a) securities issued in Germany, instruments of title relating to property located in Germany, or commercial instruments payable by an obligor residing or having its situs in Germany unless such securities or instruments are denominated in non-German currency, or

(b) securities issued by a German obligor, if the documents evidencing the obligation were located in Germany on January 1, 1945, . . .

Art. 2 declares that all rights, title or interests of former owners to or in property to which this Law extends shall be deemed to be extinguished at denned dates.— Reporter's note.

1 Art. 4 proclaims equality before the law of all Swiss citizens.—Reporter's note.

2 Art. 59, par. 1, of the Constitution provides:

“Any solvent debtor having his permanent residence in Switzerland may be sued for personal claims in the courts of his residence only; consequently his property may not be attached outside the canton of his residence for the satisfaction of his debts.” —Reporter's note.

3 Art. 2 of the Swiss-German Convention lays down the criteria for jurisdiction, one of which is submission by express agreement. Art. 4 sanctions non-recognition for reasons of public policy.—Reporter's note.