Re Kampfe

Docket NumberCase No. 204
Date02 Septiembre 1936
CourtObsolete Court (Germany)
Germany, Supreme Court of the Reich (in Criminal Matters).
Case No. 204
In re Kampfe.

Treaties — Parts of — The Preamble.

Treaties — Operation of — Assurance of Reciprocity — Necessity of Specific Provisions — Authority of the Preamble — Judicial Assistance.

The Facts.—The examining magistrate of Cracow (Poland) requested a German court to obtain a statement from X as a witness in criminal proceedings pending before the Court of Cracow. The German Ministry of Justice asked for an assurance on the part of the Polish government that in the converse case similar facilities would be granted in Poland, i.e. that reciprocity was guaranteed in accordance with the requirements of Article 41(1) of the German Extradition Act of December 23, 1929. The Polish Ministry of Justice refused to give this assurance and referred to the Preamble to the German-Polish Treaty on Judicial Assistance of December 16, 1925...

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