Hans Joachim Rehse (* 27 September 1902 in Prenden, district Niederbarnim; " 5 September 1969) was a judge at the people's court. Its career demonstrates the failure of the German law in the post-war period to regenerate injustice committed by it in the NS time.
Rehse, son of a minister, existed 1927 and 1930 the two legal state exams with outstanding notes. In a steep career it served itself from the Gerichtsassessor 1931 up to the Court of Appeal advice 1942 highly. From spring 1934 to at the end of of 1937 he - at that time so mentioned - was assistant of the examining magistrate with the people's court, from 1939 to November of 1941 determination judges and starting from 10 November of 1941 auxiliary judges with the people's court.
From 1919 to 1921 Rehse member of the "German Bismarck federation", which was umgenannt later in Bismarck youth, was an organization, many late well-known national socialists like e.g. To refuge Wessel belonged, and from 1925 to 1929 to member of the DNVP. At the 1. It joined May 1933 the NSDAP.
Rehse worked as sitting judges beside the chairman Richtern Otto George Thierack and late Roland Freisler in the 1. Senate of the people's court at at least 231 death sentences also.
The catholic priest Dr. Max Josef butchers had addressed a communist manifesto, in which he had sketched a democratic state order for Germany in camouflaged form after the war from Berlin to the Swedish archbishop in Uppsala. The communist manifesto was intended not for the public and fell by a breach of trust of the Gestapo into the hands.
In the death sentence from 14 October 1943 is among other things to be read, it concern here aiding and abetting the enemy or high treason: "Each people comrade knows that such Ausscheren of an individual German from our fighting front is an enormous Schandtat" a betrayal in the direction toward Defaitismus" a betrayal, which death worthy our healthy people feeling considers".
For this the Federal High Court (BGH) in a criminal procedure already stated 1956 against the Denunziantin of the priest that its condemnation and the enforcement of the judgement - which was the death penalty - "a deliberate illegal killing under the cover of the criminal jurisdiction" had been. It acted thereby around the utilization of judicial forms to the illegal killing. Such an application of the law serves only the destruction of the political opponent and hurts the inviolable legal core range. Thus reveal a such "iurisdiction" its true nature as terror instrument.
This had expressed it on 23 July 1943 on a common way to a colleague, goes now with the third realm to end, and it could concern only the punishment of the guilty ones; since the realm tag fire swindle he knew that it will come in such a way.
In the death sentence of the 11. May 1944 is to be read: "No, with A. the people's court had to proceed in such a way as with other Defaitisten ("§ 5 KSSVO), which fall our fighting people with their discouraging decomposition speeches into the back and which made itself always honourless thereby. He had to be condemned to death, thus the victory certainty and thus the combat capability of our homeland remains untouched".
Another death sentence concerned the catholic minister Mueller. This had opposite expressed August 1943 a craftsman, the situation was serious, the war could easily be lost. Short time later told the still following joke to Mueller the craftsman: A wounding asked as dying to see again for which it must die; there one placed the picture of Hitler right, the to the left of him; and there it said: "Now I die like Christ".
In the death sentence from 28 July 1944 is to be read: "If after all Mueller its joke" such a behavior is betrayal of people, leader and realm. Such betrayal makes always honourless. Such an assassination attempt on our moral Kraft can be punished - thereby similar to be deterred - not differently than with death."
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