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The case of grudge informer
Everything started in Hitler's Germany in 1944. Negative comments were reported about the current governmnent.
And this situation has became open to abuse.A german soldier returned home on the trail for see her wife and chilren's.
He was unaware that his wife was with other men and he was tired.Of course,we will never be able to know if he made a negative comment but her wife reported,claiming that there was a duty to report according to the applicable law.
In particular,he stated he was uncomfortable with the person of Adolf Hitler and current regime.
As a result of the trial ,the soldier was sentenced to death and because he was soldier,his sentence was postponed and sent to the front.
The Nazi period ended and the husband turned away from the military.He filed a lawsuit against his informer wife.
Woman said she obeyed the current regime current law and defended in this direction.
The court didn't apply the laws applied between 1934-1938 and was ruled by the German criminal law code of 1871,claiming that justice was not in line with fairness.
İn this case,discussions began on the resolution method and it was announced thatt the Radbruch formula was applied.
An grudge informer woman and an unusal case...
REFERENCE
:Dergipark Legal Teleology -Dr.Öğr.Üyesi Muzaffer DÜLGER
:Hukukun Ahlakı -L.L.FULLER
And this situation has became open to abuse.A german soldier returned home on the trail for see her wife and chilren's.
He was unaware that his wife was with other men and he was tired.Of course,we will never be able to know if he made a negative comment but her wife reported,claiming that there was a duty to report according to the applicable law.
In particular,he stated he was uncomfortable with the person of Adolf Hitler and current regime.
As a result of the trial ,the soldier was sentenced to death and because he was soldier,his sentence was postponed and sent to the front.
The Nazi period ended and the husband turned away from the military.He filed a lawsuit against his informer wife.
Woman said she obeyed the current regime current law and defended in this direction.
The court didn't apply the laws applied between 1934-1938 and was ruled by the German criminal law code of 1871,claiming that justice was not in line with fairness.
İn this case,discussions began on the resolution method and it was announced thatt the Radbruch formula was applied.
An grudge informer woman and an unusal case...
REFERENCE
:Dergipark Legal Teleology -Dr.Öğr.Üyesi Muzaffer DÜLGER
:Hukukun Ahlakı -L.L.FULLER
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