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Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS
Were the effects of the "Preußenschlag" an important factor in Hitler's rise to power?

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Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS
Regarding the lack of consequences for members of the SS, there is something I'd like to add.

Even if the West German authorities had been more motivated to prosecute them, the problem was that there was only one crime with which SS members could usually be charged with. In relation to the holocaust you would have to charge them with murder or being an accomplice to it. This led to the consequence that you would have to prove in court, how the accused members performed or aided specific murders. While this has been done in some cases, in others it was not even possible.

German courts cannot judge former SS members for their mere membership in the organization. While there is a statute criminalizing the membership in a criminal organization, this could not be used to prosecute members of the SS. Because they courts had to apply this statute according to the wording it had during the SS membership, it did not apply to the SS. At that time, the relevant section of the criminal code did not apply to membership in a criminal organization (like it does now) but to membership in an organization working against the laws and prescriptions of the state (paraphrased).

Randler fucked around with this message at 21:42 on Apr 1, 2013

Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS
I asked this at the beginning of this thread, but I think it kinda slipped through the cracks.

To what extend did the "Preußenschlag" in 1932 contribute to the Nazi's rise to power?

Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS

MothraAttack posted:

I'm totally blanking on this, and the internet isn't helping. What was the major Nazi occult site that was a geographic formation associated with an older esoteric tradition? Not Wewelsburg or anything like that, but a place with a walking path through it buffeted by natural formations. Unfortunately I don't have Goodrick-Clark on hand, but I think the site was associated with a medieval event(s). Really vague, I know, but anyone?

That sounds like the Externsteine to me.

Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS

Shimrra Jamaane posted:

Now, if Hitler were in Prussia, the bastion of Wiemar democracy and the stronghold of the Social Democratic Party, he would have had a much harder punishment. But the state of Bavaria was much less sympathetic to the Republic.

It is worth mentioning according to the law at the time Hitler was not supposed to stand trial in Munich at all. The crimes he was charged with fell in the jurisdiction of the Staatsgerichtshof in Leipzig. The Bavarian state government, however, interfered to make Hitler stand trial in Munich, due to sympathies for his cause. Even without this meddling, however, the judgement against Hitler was unlawful. As he was not a German citizen, he would have to be deported. The Munich court decided to ignore this, because of what they considered "noble" motives. As a depressing aside, the Bavarian state government decided to block a memorial to the policemen killed in the Beer Hall putsch until 2010.

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Randler
Jan 3, 2013

ACER ET VEHEMENS BONAVIS

Duzzy Funlop posted:

One distinctive characteristic of this paragraph is that being in violation of it will get you tried and convicted even when committing the violation outside german soil. If I were to go on some american talk-show and say "Jay, to be quite honest, that whole story about jews being gassed is a bunch of horsepucky if you're asking me." or hand out pamphlets "educating" about the holocaust in Canada, I would, with near-certainty, be greeted by the authorities upon my return and look forward to a 3-5 year sentence.

Actually, that's not true. Section 130 of the German Criminal Code does not have a special distinction with regards to the application of German criminal law. Committing incitement to hatred by handing out pampleths in Canada is only prosecutable in Germany when those pampleths find their way to the Federal Republic. Which only follows from the general rule of German criminal law that an offence occurs in every place where the offender acted or, in the case of an omission, should have acted, or in which the result if it is an element of the offence occurs or should have occurred according to the intention of the offender. (§ 9 I StGB)

Which, by the way, is the reason why Bishop Williamson was so keen to proclaim that the interview where he denied the holocaust was not supposed to be aired outside of Sweden.

Randler fucked around with this message at 23:42 on Oct 7, 2013

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