Chapter I: Jurisdiction of the Criminal Courts

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Article 5

Jurisdiction of the People’s Court

(1) The People’s Court has jurisdiction for--

1. High treason (articles 80 through 84 of the Reich criminal code).

2. Treason (articles 89 through 92 of the Reich criminal code).

3. Attacks against the Fuehrer and Reich Chancellor (article 94, paragraph 1 of the Reich criminal (penal) code).

4. Severe cases of damaging military equipment and endangering the armed forces of friendly states (arts. 1–5 of the decree supplementing penal provisions for the protection of the defensive strength of the German people of 25 November 1939, Reichsgesetzblatt I, p. 2319).

5. Failure to report an intended crime (art. 139, par. 2 of the criminal (penal) code), insofar as this crime was intended to be high treason or treason under the jurisdiction of the People’s Court, or a severe case of damaging military equipment.

6. Crimes under article 5, paragraph 1 of the decree concerning protection of people and state, of 28 February 1933 (1933 Reichsgesetzblatt I, p. 83).

7. Crimes under article 1, paragraph 1 of the law against economic sabotage, of 1 December 1936[135] (1936 Reichsgesetzblatt, Part I, page 999).

(2) In cases of acts punishable under articles 82, 83, 90b through 90e, 92 of the criminal (penal) code, the Chief Reich Prosecutor at the People’s Court can transfer the prosecution to the attorney general at the court of appeal.

(3) In the cases described in paragraph 2, the People’s Court, in agreement with the Chief Reich Prosecutor, can transfer the trial and decision to the court of appeal, as long as the trial has not been directed to take place before the People’s Court.

(4) The Chief Reich Prosecutor can withdraw the transfer and his consent to a transfer as long as the trial has not begun before the court of appeal.

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Final Regulations