German Amnesty Case

Date19 August 1954
CourtCourt of Appeal of Hamburg (Germany)
German Federal Republic, Court of Appeal of Hamburg.
German Amnesty Case.

Belligerent Occupation — Judicial Functions of Occupant — Tribunals of Occupant — Whether Foreign or Domestic Tribunals — Previous Conviction by Tribunal of Occupant — Law of Amnesty in Occupied Country — Law Precluding Amnesty for Persons Previously Convicted — Whether Previous Conviction by Tribunal of Occupant Precludes Amnesty — The Law of Germany.

The Facts.—The Amnesty Law of the Federal Republic of Germany of July 17, 1954, provided, as far as here material, that persons previously sentenced to terms of imprisonment exceeding one month were not entitled to the remission of current sentences in accordance with the terms of the Law, The appellant, against whom a previous conviction involving a sentence of 12 months' imprisonment had been recorded by an Occupation tribunal, contended that this sentence should be ignored as being the sentence of a foreign Court, and that he should be deemed to be a person without previous convictions. The prosecution contended that the sentence inflicted by the Occupation tribunal should be taken into account as if it were a...

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