Roland Freisler, German lawyer and judge (b. 1893)

Roland Freisler: Architect of Nazi Injustice and His Enduring Legal Shadow

Roland Freisler (30 October 1893 – 3 February 1945) was a deeply influential and notorious figure in Nazi Germany's judicial system. As a German Nazi jurist, judge, and politician, he held pivotal roles that instrumentalized the law for the regime's totalitarian aims. He served as the State Secretary of the Reich Ministry of Justice from 1934 to 1942, where he played a key part in transforming Germany's legal framework into a tool of oppression. His most infamous appointment came in 1942, when he became President of the People's Court (Volksgerichtshof), a position he held until his death in 1945. Under his stewardship, this court became synonymous with show trials and summary executions, effectively serving as the regime's legal arm for terror.

The Nazification of Law and the Wannsee Conference

Freisler was not merely a bureaucrat; he was a prominent ideologist of Nazism who actively shaped the "Nazification" of Germany's legal system. This process involved systematically dismantling the principles of due process, the rule of law, and judicial independence, replacing them with arbitrary interpretations based on Nazi racial and political doctrines. His influence extended to drafting discriminatory laws and purging the judiciary of "undesirable" elements, including Jewish judges and those deemed politically unreliable. His dedication to the regime's aims was chillingly underscored by his attendance at the Wannsee Conference on 20 January 1942. This high-level meeting, convened in a Berlin villa, brought together senior Nazi officials from various government ministries to coordinate the "Final Solution to the Jewish Question" – the systematic genocide of European Jews. Freisler's presence at Wannsee highlighted the legal system's complicity in planning and executing the Holocaust, providing a veneer of legality to unimaginable atrocities.

The People's Court: A Tribunal of Terror

Upon his appointment as President of the People's Court in August 1942 by Adolf Hitler, Freisler presided over the prosecution of a wide array of "political crimes" against the Nazi state. These included charges of high treason (Hochverrat), sabotage, defeatism (Wehrkraftzersetzung), and any form of opposition or perceived disloyalty. His court became infamous for its brutal, aggressive, and often theatrical proceedings. Freisler was notorious for humiliating defendants, screaming at them, denying them legal counsel, and routinely ignoring evidence, transforming trials into orchestrated condemnations rather than genuine judicial processes. The People's Court under Freisler issued an unprecedented number of death sentences – estimates suggest around 2,600 from 1942 to 1945 – far exceeding the combined total of civilian courts during the entire Third Reich prior to his appointment. Notable cases overseen by Freisler included the trials of the White Rose student resistance group and, most famously, the participants in the 20 July Plot, the failed assassination attempt on Hitler in 1944. These trials, often filmed for propaganda purposes, showcased Freisler's terrifying judicial style and the regime's absolute contempt for justice.

A Surprising Legal Legacy: The Definition of Murder

Paradoxically, despite the comprehensive rejection of Nazi law after World War II and the abolition of the death penalty in West Germany with the creation of the Federal Republic's Basic Law in 1949, a specific legal formulation drafted under Freisler's influence remains part of contemporary German law. In 1941, Freisler played a significant role in redrafting and defining murder (Mord) within German criminal law. This definition, codified in Section 211 (§ 211) of the Strafgesetzbuch (German Criminal Code), introduced several "murder characteristics" (Mordmerkmale) such as base motives, malice, or cruelty, which elevate a killing to the status of murder. While the spirit and intent behind Freisler's original work were rooted in Nazi ideology, the technical precision and comprehensive nature of the 1941 definition, particularly its focus on the perpetrator's intent and motives, were deemed functionally sound enough to be retained by post-war German legislators. This enduring presence in the modern Strafgesetzbuch § 211 is a testament to the complex legacy of the Nazi era on legal frameworks, where some elements, detached from their original political context, proved resilient due to their analytical utility.

Frequently Asked Questions About Roland Freisler

Who was Roland Freisler?
Roland Freisler was a German Nazi jurist, judge, and politician who served as State Secretary of the Reich Ministry of Justice and, most notably, as President of the People's Court (Volksgerichtshof) during World War II, where he was infamous for his brutal judicial methods.
What was the People's Court?
The People's Court (Volksgerichtshof) was a special court established in Nazi Germany to try political offenses, particularly those related to treason. Under Freisler's presidency, it became a tool of state terror, conducting show trials and issuing a vast number of death sentences against perceived opponents of the regime.
What was Freisler's role in the Wannsee Conference?
Roland Freisler attended the Wannsee Conference in January 1942 as a representative of the Reich Ministry of Justice. This conference was crucial for coordinating the "Final Solution to the Jewish Question," demonstrating the legal system's active involvement in the planning of the Holocaust.
How many people did Roland Freisler sentence to death?
During his tenure as President of the People's Court from August 1942 until his death in February 1945, Roland Freisler presided over approximately 2,600 death sentences, a staggering number that solidified his reputation as the "hanging judge."
Is any of Freisler's legal work still used today?
Remarkably, yes. While the death penalty was abolished in Germany and the Nazi legal system was dismantled, the definition of murder (Mord) that Freisler played a key role in drafting in 1941 remains codified in Section 211 (§ 211) of the German Criminal Code (Strafgesetzbuch) to this day due to its specific legal structure concerning intent and motives.
How did Roland Freisler die?
Roland Freisler died on 3 February 1945, during an American air raid on Berlin. He was reportedly killed by a collapsing beam in the People's Court building while attempting to retrieve documents from his office during the bombing.