by and in
the name of the Military Governor and may be delegated to the Deputy Military
Governor.
This Ordinance becomes effective 18 October 1946. |
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| BY
ORDER OF MILITARY GOVERNMENT |
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| |
MILITARY GOVERNMENT — GERMANY
ORDINANCE
NO. 11 |
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|
AMENDING MILITARY GOVERNMENT ORDINANCE NO. 7 OF 18 OCTOBER 1946, ENTITLED
“ORGANIZATION AND POWERS OF CERTAIN MILITARY TRIBUNALS” |
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| Article I
Article V of Ordinance No. 7 is amended by adding thereto a new sub-division to
be designated "(g) ", reading as follows: |
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| “(g) The presiding judges, and, when established, the
supervisory committee of presiding judges provided in Article XIII shall assign
the cases brought by the Chief of Counsel for War Crimes to the various
Military Tribunals for trial.” |
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| Article
II |
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| Ordinance
No. 7 is amended by adding thereto a new article following Article V to be
designated Article V-B, reading as follows: |
| |
| “(a) A joint session of the Military Tribunals may be
called by any of the presiding judges thereof or upon motion, addressed to each
of the Tribunals, of the Chief of Counsel for War Crimes or of counsel for any
defendant whose interests are affected, to hear argument upon and to review any
interlocutory ruling by any of the Military Tribunals on a fundamental or
important legal question either substantive or procedural, which ruling is in
conflict with or is inconsistent with a prior ruling of another of the Military
Tribunals. |
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| “(b) A joint session of the Military Tribunals may be
called in the same manner as provided in subsection (a) of this Article
to hear argument upon and to review conflicting or inconsistent final rulings
contained in the decisions or judgments of any of the Military Tribunals on a
fundamental or important legal question, either substantive or procedural. Any
motion with respect to such final ruling shall be filed within ten (10) days
following the issuance of decision or judgment. |
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| “(c) Decisions by joint sessions of the Military
Tribunals, unless there-after altered in another joint session, shall be
binding upon all the Military Tribunals. In the case of the review of final
rulings by joint sessions, the judgments reviewed may be confirmed or remanded
for action consistent with the joint decision. |
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| “(d) The presence of a majority of the members of each
Military Tribunal then constituted is required to constitute a
quorum |
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| “(e)
The members the Military Tribunals shall, before any joint session begins,
agree among themselves upon the selection from their number of a member to
preside over the joint session. |
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| “(f) Decisions shall be by majority vote of the
members. If the votes of the members are equally divided, the vote of the
member presiding over the session shall be decisive.” |
| |
. 
