PENAL CONGRESS

Waikato Times, Volume 118, Issue 19659, 20 August 1935, Page 7

PENAL CONGRESS

GATHERING IN BERLIN. NEW NAZI CODE. PUNISHMENT FOR INTENTION. United Press Assn.—Elec. Tel. Copyright. (Received Aug. 20, 11.30 a.m.) BERLIN, August 19. At the opening of the eleventh international Penal Congress Dr. Hans Franck, Commissar of Justice, warned the 1000 delegates front 57 nations that Germany would not permit any discussion of her sterilisation Jaws. Dr. Franz Gurtner (German Minister for Justice), expounded the principles of Germany’s new penal code operating as from September 1, under which he said judges may punish acts of intention? to commit acts, if it is found that the national conscience demands punishment regardless of whether or not the law is violated. The principle of no punishment without specific law has been replaced by the principle of no crime without punishment. Judges’ hands were often tied in the past when convinced that accused were guilty of acts which the Legislature intended to punish. "Even the English law recognises the right of a judge to create a law in the domain of criminal law,” and Germany, in recognising this principle, did not release the judges from all restraint as “ that would he incompatible with the Nazi principle of reserving the entire leadership of the people, and hence legislation to the leader.” Dr. Gurtner concluded by saying that crime In Germany in future would he more severely punished. lie rejected Hie idea of coddling prisoners. The delegates who were promised that they-would he shown the prisons, arc speculating as to how much they will be allowed to see- Not more than ten women are to be allowed to visit any prison. This is regarded as a hardship, as there are nine British women, and fourteen Americans, and most of them are particularly anxious to visit certain prisons.