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  • Throwing the book at her would not make it past appeals because it would be excessive punishment and violate numerous laws about sentencing length.

    Here is how the constitutional court described what factors into the severity of a punishment (1977):

    Compensation for guilt, prevention, resocialization of the offender, atonement and retribution for wrongs committed are described as aspects of an appropriate penal sanction.

    But there is no compensation, no prevention and no resocialization which could increase the severity of the punishment. Will she ever be at risk of assisting in the murder of 10,000 people again? Absolutely not.

    By the way, 2 years of probation is the longest probation possible by law. Any longer and she would have to go to prison - which would be thrown out in appeals.



  • She had certainly enough agency to refuse to work at a concentration camp. It’s not like those were the only jobs available for women at that time.

    Also, not prosecuting her would likely be illegal since state prosecutors cannot decide to simply ignore crimes they don’t feel like prosecuting:

    § Section 258a Obstructing prosecution in office

    (1) If, in the cases referred to in section 258(1), the offender is appointed as a public official to cooperate in the criminal proceedings or in the proceedings ordering the measure […] the penalty shall be a custodial sentence of six months to five years, or in less serious cases a custodial sentence of up to three years or a monetary penalty.

    § Section 258 Obstruction of justice

    (1) Any person who intentionally or knowingly prevents, in whole or in part, another person from being punished or subjected to a measure […] in accordance with the Criminal Code for an unlawful act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.













  • You’re right about the first part, I just remembered the Neue Ostpolitik marking a significant change.

    As to the constitution: While the preamble isn’t its own article, it’s just as much a part of the constitution as every other part.

    Here’s what the Bundesverfassungsgericht (German Constitutional Court) ruled:

    The German Reich continues to exist and still has legal capacity, but is not itself capable of acting as an overall state due to a lack of organization, in particular due to a lack of institutionalized bodies.[…]

    The German Democratic Republic belongs to Germany and cannot be regarded as a foreign country in relation to the Federal Republic of Germany.

    No constitutional body of the Federal Republic of Germany may abandon the restoration of state unity as a political goal; all constitutional bodies are obliged to work towards the achievement of this goal in their policies - this includes the demand to keep the claim to reunification alive internally and to persistently defend it externally - and to refrain from doing anything that would thwart reunification.

    Untrustworthy, but not wrong source for the quotes

    And while German public broadcast isn’t controlled by the government, it is a good indicator for the political beliefs of the general population and the government.

    The situation cannot be appropriately compared to the PRC and ROC, as there are significant differences. What can be compared is that the FRG never recognized the GDR as a state legitimated by international law. Just like the One-China-policy, the FRG had a One-Germany policy in its constitution.


  • Eh, no.

    Western Germany recognized the border between Poland - the Oder-Neisse line in 1970.

    Additionally, while Western Germany recognized the GDR was its own state - starting 1972 - they didn’t recognize its right to exist under international law. The German constitution stated up until the reunification:

    The whole German People remains compelled to fulfill the Unity and Freedom of Germany by virtue of its right to free self-determination.

    This implied there was only one Germany, in area and population greater than just Western Germany.

    Also, German public broadcast used the upper left map for weather reporting up until the 70s, when they switched to the one on the top right without any borders. After the reunification, the bottom one was used:

    Additionally, reunified Germany put numerous GDR leaders and a few soldiers on trial for murdering those trying to flee the GDR. However, the courts had to argue with the GDR’s constitution - which fortunately for the courts was quite the self-contradictory document.