PENAL CONGRESS

New Zealand Herald, Volume LXXII, Issue 22193, 21 August 1935, Page 11

PENAL CONGRESS

GERMANY'S NEW CODE ALL CRIME TO BE PUNISHED BERLIN. Aug. 19 { in opening the eleventh International ! Penal Congress. Dr. Hans Franck, j Minister of Justice, warned the 1000 I delegates from 51 nations that Germany would not permit any discussion of her sterilisation laws. Dr. Franz Gurtner expounded the principles of Germany's new penal code which will operate as from September 1. Under it, lie said, Judges may punish acts or intention to commit acts if it is found that the national conscience demands punishment, regardless of whether or not a law is violated. The principle of no punishment without specific law has been replaced by the principle of no crime without punishment. Judges' hnndij were often tied in the past when they were convinced an accused person was guilty of an act which the legislature intended to punish. "Even British law recognises the right of a Judge to create a law in the domain of criminal law," snid Dr. Gurtner. "Germany in recognising this principle has not released Judges from all restraint. That would be incompatible with the Nazi principle of reserving the entire leadership of the people, and hence the legislation, to the Leader." Dr. Gurtner concluded by saying that crime in Germany in future would be punished more severely. He rejected the idea of coddling prisoners. Tho delegates have been promised that they will be shown through prisons and they are speculating as to how much they will bo allowed to see. Not more than 10 women are to be allowed to visit any prison. This is regarded as a hardship as there are nine British women and 14 Americans, and most of them are particularly anxious to visit certain prisons.