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Franz Gürtner
Bundesarchiv Bild 183-H13466, Franz Gürtner.jpg
Franz Gürtner with Golden Party Badge (Goldenes Parteiabzeichen), 1938
Reich Minister of Justice
In office
2 June 1932 – 29 January 1941
President Paul von Hindenburg
(1932–1934)
Adolf Hitler
(1934–1941; as Führer)
Chancellor Franz von Papen
(1932)
Kurt von Schleicher
(1932–1933)
Adolf Hitler
(1933–1941)
Preceded by Curt Joël
Succeeded by Franz Schlegelberger (acting)
Bavarian Minister of Justice
In office
8 November 1922 – 6 June 1932
Preceded by Hugo Graf von und zu Lerchenfeld auf Köfering und Schönberg
Succeeded by Heinrich Spangenberger
Prussian Minister of Justice
In office
17 June 1934 – 4 December 1934
Preceded by Hanns Kerrl
Succeeded by Position abolished
Personal details
Born (1881-08-26)26 August 1881
Regensburg, Kingdom of Bavaria, German Empire
Died 29 January 1941(1941-01-29) (aged 59)
Berlin, Nazi Germany
Nationality German
Political party German National People's Party (until 1933)
National Socialist German Workers' Party (from 1937)
Spouses
Luise Stoffel
(m. 1920)
Children 3
Alma mater University of Munich

Franz Gürtner (born August 26, 1881 – died January 29, 1941) was a German politician. He served as the Minister of Justice in Germany under several leaders. These included Franz von Papen, Kurt von Schleicher, and later Adolf Hitler. Gürtner played a key role in shaping the legal system in Nazi Germany. He helped create laws that supported the Nazi regime's actions from 1933 until his death in 1941.

Biography

Early Life and Education

Franz Gürtner was born in Regensburg, Germany. His father was a locomotive engineer. After finishing high school in 1900, he studied law. He attended the Ludwig Maximilian University of Munich. In 1904, he passed his first big university exam.

Gürtner then served in the military. This was before he finished his training to become a civil servant. In 1908, he passed his second important law exam. He then worked for a brewery association in Munich. In 1909, he joined the Bavarian Ministry of Justice.

Military Service in World War I

When World War I began in 1914, Gürtner joined the army. He served as an officer on the Western Front. He was recognized for his service and received several awards. These included the Iron Cross.

Later, in 1917, he fought in the Middle East. He was part of a special German unit. He received more awards for his bravery. He became a battalion commander in 1918. After the war ended, he returned home in 1919.

Early Political Career

After the war, Gürtner continued his legal career. He became the Bavarian Minister of Justice in 1922. He held this important job until 1932. Gürtner was a strong conservative and nationalist. He did not like the democratic government of the Weimar Republic. He thought democracy was weak.

Gürtner was sympathetic to right-wing groups. He showed support for Adolf Hitler during the 1924 Beer Hall Putsch trial. He helped Hitler get out of prison early. He also helped make the Nazi Party legal again in Bavaria. He allowed Hitler to speak in public once more.

Becoming Reich Minister of Justice

In June 1932, Gürtner became the Reich Minister of Justice for all of Germany. He kept this role when Hitler became Chancellor in 1933. Even though Gürtner was not a Nazi at first, he agreed with many of their authoritarian ideas. He supported the Reichstag Fire Decree. This law greatly reduced people's freedoms in Germany.

Gürtner also worked to bring all German judges under Nazi control. He merged existing judge groups with the new National Socialist Association of Legal Professionals. This helped make the Nazi government seem legal.

At first, Gürtner tried to keep some independence for the courts. He wanted to make sure punishments came from judges, not from Nazi groups like the SA or SS. He even protested against the harsh treatment of prisoners in some early camps. He believed in the idea of a "law state" (rechtsstaat). This meant that laws should be followed, even if they were strict.

In 1934, Gürtner also became the Minister of Justice for Prussia. This meant he held the top justice jobs in both the country and its largest state.

Supporting the Nazi Regime

After the "Night of the Long Knives" in June 1934, Gürtner showed his loyalty to the Nazi regime. This event involved the killing of many Nazi opponents. Gürtner wrote a law that made these killings legal after they happened. This showed how he bent the law to support Hitler.

He also helped create the People's Court. This was a special court for people accused of being enemies of the state. Its goal was to ensure convictions. Gürtner tried to keep the legal system involved in punishing opponents. But this process made him and other judges part of the Nazi terror.

Gürtner was involved in the "Nazification" of the legal system. This process was called Gleichschaltung. It meant bringing all parts of society under Nazi control. In 1935, all state justice departments were nationalized. This put all legal power under Gürtner's ministry.

By 1937, Gürtner officially joined the Nazi Party. Hitler personally gave him the Golden Party Badge.

During World War II, the power of the justice ministry weakened. The Gestapo and SS handled more cases without court trials. Gürtner continued to provide legal support for Nazi actions. He helped create laws for special courts in occupied areas. These courts tried Poles and Jews. He also helped create decrees that led to the "Final Solution".

A judge named Lothar Kreyssig protested against the T4 program. This program involved the killing of people with disabilities. Kreyssig said it was illegal. Gürtner dismissed Kreyssig from his job. He told him that the "will of the Führer" was the law.

Franz Gürtner died in Berlin on January 29, 1941.

See also

  • Aktion T4
  • Lothar Kreyssig
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