Updated Babelfish translation of this German article: Dr. Helmut Kramer, Richter am OLG a.D.: Rechtsberatungsgesetz von 1935 - Instrument der Disziplinierung

Legal Advice Law of 1935 - Instrument of Disciplining: a Constitutional Complaint against the Punishment of Citizens Social Engagements

the Federal Constitutional Court in Germany must deal - 55 years after the end of the National Socialist rule - with the question whether it is permitted to actively support the abolition of terror judgements from the Nazi-time. Another decision pending is whether right-experienced citizens are allowed to give other citizen (even its best friends) legal information or for keeping of a lawyer monopoly, introduced by the national socialists. After still dominant court practice co-workers of amnesty international, pro asylum, the Caritas federation must also be refused. Priests can not give their community members any legal information.

Legal advice Particularly gladly the legal advice law is an instrument used against pacifists. Thus the district court Braunschweig condemned two total conscientious objectors because of "abusive legal advice", because these had appeared with judicial permission as defenders of other pacifists. The political intention of making the defence more difficult from total conscientious objectors is unmistakable. The defence of these in such a way criminalised pacifists had taken over the retired judges at the OLG (higher state court) Dr. Helmut Kramer. He gave a self announcement in the main negotiation to protocol that he had supported repeatedly legally others. Thus he had obtained together with others the abolition of a Nazi death sentence from the year 1944. And because he had become active also in other cases altruistically, he was also condemned now because of "abusive legal advice". On the other hand the constitutional complaint of Helmut Kramer arranges itself. To 13.12.1935 of the Nazi ruling powers issued legal advice law is even world-wide singular and in Europe. Under menace of a fine up to 10.000. - DM forbids it to all citizens procuring "commercially" others legally to in an advisory manner or otherwise support "commercially" legal matters of others without permission .

The possibility of the granting a permission is in aggravation of the Nazi law limited since 1980 on some few occupational groups (freight examiner, collection entrepreneur etc..). "Only commercially" done legal advice can be pursued. Commercialness is however already accepted due to jurisdiction from the year 1938 by the National Socialist realm court, if one legal advice is given and if "repetition danger" exists. Expressly also the free, purely charitable legal advice is forbidden. The national socialists had issued the legal advice law, in order to make it thereby impossible for fired professional lawyers and ejected Jewish and other politically unpopular judges and attorneys to give private advice, in particular also free practice of their professional abilities. Behind it stood the thought, lawyers in opposition to the Nazi regime could defend "public enemies" and other "public pest" and be on their side.

PS: The Law of Legal Advice is challenged by a constitutional complaint of 6. April 2000. But it was not decided on in October 2003. In addition there is a complaint to the European Court of Human Rights filed 13. November 2003.

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