只为犹太人服务的律师卡托维兹地区高等法院领事

K. Graczyk
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摘要

这篇文章专门讨论了顾问问题,这是第三帝国引入的一个在法律事务中代表犹太人的机构。一些被排除在德国律师协会之外的犹太律师成为了顾问。文章介绍了法律规定、颁布原因及其影响。根据卡托维兹国家高等法院地区三名顾问的个人档案,介绍了接纳他们的程序及其活动条件。根据法院档案,对他们在刑事案件中的工作方式进行了分析和评估。希特勒夺取政权后,德国通过了大量反犹立法。一些新出台的法规也针对犹太裔律师,他们的职业活动受到阻碍,最终被禁止。1938 年,犹太人被明确清除出德国律师界。与此同时,确保向犹太人提供法律援助,并由顾问(即犹太裔律师)代理。顾问律师的人数明显少于犹太律师(在个别高级国家法院所在地区有几名)。是否接纳他们是酌情决定的。根据文献中的少量研究结果,德国法院给予顾问律师适当的待遇,并不妨碍他们查阅法院档案、与客户接触或提起诉讼。对卡托维兹国家高等法院地区顾问的三个案例进行了研究,结果表明他们在法院履行 职责时享有文献中描述的类似自由。然而,在日常活动中,他们不得不与行政或事实方面的困难作斗争,而这些困难正是歧视和禁止犹太人的表现。根据这三个案例,可以得出这样的结论:他们之所以被允许从事领事活动,是因为民众、司法部门和盖世太保的积极评价,以及他们在第一次世界大战期间和西里西亚起义期间的爱国态度。他们堪称楷模的职业行为、战争勋章,甚至在大战前线所受的伤,都没能阻止顾问们与欧洲犹太人同呼吸共命运。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Prawnicy tylko dla Żydów. Konsulenci z okręgu Wyższego Sądu Krajowego w Katowicach
The article is devoted to the issue of consultants, an institution introduced in the Third Reich to represent Jews in legal matters. Some of the Jewish lawyers excluded from the German bar became consultants. The article presents the legal regulation, the reasons for its issuance and its effects. Based on the personal files of three consultants from the district of the Higher National Court in Katowice, the procedure of admitting them and the conditions of their activity were presented. On the basis of court files, the manner in which they conducted their work in criminal cases was analyzed and assessed. A significant amount of anti-Jewish legislation was passed in Germany after Hitler seized power. Some of the newly introduced regulation also targetted lawyers of Jewish origin, whose professional activities were hindered, and eventually banned. In 1938 Jews were definitively removed from the German bar. At the same time, it was ensured that Jews would be provided with legal assistance and represented by consultants, i.e. lawyers of Jewish origin. There were clearly fewer consultants than Jewish lawyers (several in the districts in which individual higher national courts operated). Their admission was discretionary. According to sparse findings in the literature, consultants were treated adequately by the German courts and were not hindered in their access to court files, contact with clients or the possibility of submitting lawsuits. Three examined cases of consultants from the district of the Higher National Court in Katowice indicate that they enjoyed similar freedoms while performing their functions in the courts, as described in the literature. In their daily activities, however, they had to struggle with difficulties of an administrative or factual nature, which were a manifestation of discrimination and bans against Jews. Based on these three cases, it could be concluded that they were admitted to consular activity due to positive opinions among the population, the judiciary and the Gestapo, as well as their patriotic attitude during the First World War and during the Silesian Uprisings. Their exemplary professional conduct, war decorations, and even injuries sustained on the front of the Great War did not prevent the consultants from sharing the tragic fate of European Jews.
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