Chapter LV: Section 60: , Penal Code. Costs: Section 465, Code of Criminal Procedure (1)
[Signed] ROTHAUG
DR. FERBER
DR. HOFFMANN
Certified:
Nuernberg, 23 March 1942
The Registrar of the Office of the Special
Court for the district of the Nuernberg Court
of Appeal with the District Court Nuernberg-Fuerth
[Stamp]
District Court [Illegible signature]
Nuernberg-Fuerth Justizinspektor
PARTIAL TRANSLATION OF DOCUMENT NG-129
PROSECUTION EXHIBIT 355
LETTER FROM DEFENDANT SCHLEGELBERGER AND GREISER, REICH GOVERNOR OF THE WARTHEGAU (POLAND) TO LAMMERS, 15 DECEMBER 1941, STATING THAT GREISER’S AUTHORITY CONCERNING THE EXECUTION OF DEATH SENTENCES AND PARDONING OF POLES AND JEWS IS NO LONGER RESTRICTED
Berlin, 15 December 1941
II a-2-3020/41
To the Reich Minister and Chief of the Chancellery of the Reich
Subject: Letter of the cosignatory Reichsstatthalter of the
Reichsgau Wartheland, dated 13 November 1941
Since the cosignatory Reichsstatthalter of the Reichsgau Wartheland has been notified by the cosignatory Reich Minister of Justice, that until further notice, that is for the duration of war, the delegation of authority to the Reichsstatthalter in the Reichsgau Wartheland to order the execution of death penalties against Poles and Jews, as well as for pardoning of Poles and Jews who have been sentenced to death, is no longer restricted, the contents of the communication of 13 November is of no further consequence.
[Signed] SCHLEGELBERGER
[Signed] GREISER
Rk 1000 B
TRANSLATION OF DOCUMENT NG-128
PROSECUTION EXHIBIT 354
LETTER FROM THE PROVINCIAL PRESIDENT OF UPPER SILESIA TO LAMMERS,
26 JANUARY 1942, REQUESTING THE POWER OF AMNESTY FOR POLES AND JEWS
SENTENCED TO DEATH
BK 1279 28 January 1942 [Initial] FI [Ficker]
Provincial President Of the Province of Upper Silesia O. P. I b 3
[Handwritten] on hand RM 1,000 B 1ob
BBT 145
Katowice, 26 January 1942
Hindenburgstrasse
Telephone: 34 921
[Initial] Ma 28/1
[Initial] Gg
[Illegible initial]
28/1
To the Chief of the Reich Chancellery Reich Minister Dr. Lammers Reich Chancellery Berlin
Dear Reich Minister:
The decree of 4 December 1941, 1b (Reich Law Gazette I, p. 759), concerning penal measures against Poles and Jews in the Incorporated Eastern Territories aims at punishing quickly and effectively criminal acts committed by Poles and Jews within the Incorporated Eastern Territories. Its success, however, is doubtful as long as it is necessary to obtain a decision from the Reich Minister of Justice before granting amnesties [Gnadenrecht] to Poles and Jews sentenced to death. In view of the peculiar criminal and political situation in Upper Silesia, which is marked by the growing Polish resistance movement, such delays--especially in wartime--are intolerable.
I therefore request you to take steps to have transferred to the power of granting amnesties--at least for the duration of the war--to Poles and Jews within the province of Upper Silesia who have been legally sentenced to death.
I should like to point out especially that according to an article in the periodical “Deutsches Recht,” 1941, (p. 2472), the Gauleiter and Reichsstatthalter in the Reichsgau Wartheland [Greiser][358] has already been granted similar powers.
Heil Hitler!
Yours
N 89 Justice 12 [Signed] BRACHT
TRANSLATION OF DOCUMENT NG-126
PROSECUTION EXHIBIT 356
LETTER FROM DEFENDANT SCHLEGELBERGER TO LAMMERS, 26 MAY 1942, TRANSMITTING A COPY OF SCHLEGELBERGER’S DECREE DELEGATING THE RIGHT TO PARDON POLES AND JEWS TO REICH GOVERNORS AND PROVINCIAL PRESIDENTS
[Stamp]
Reich Chancellery 7996B-2 June 1942
[Initial] FI [Ficker]
1 enclosure
Reich Minister of Justice 9170 East /2--IIa-2-1054/42
Berlin W 8, 26 May 1942
Wilhelmstrasse 65
Telephone: 11 00 44
Long distance: 11 65 16
[Initial] KR [Kritzinger]
To the Reich Minister and Chief of the Reich Chancellery
Subject: Delegation of the right of pardon in the case of Jews
and Poles
Reference: Letter of 16 March 1942--Reich Chancellery 2477 B.
1 enclosure
I enclose for your information a copy of my decree of 28 May 1942, by which I, in agreement with the Reich Minister and the Chief of the Presidential Chancellery, delegated the exercise of the right of pardon in the case of Poles and Jews sentenced by general courts in the Incorporated Eastern Territories to the Reich governors and provincial presidents of these provinces for the duration of the war.
The Acting Minister
[Signed] DR. SCHLEGELBERGER
[Handwritten notes]
1. Submitted to the Reich Minister.
[Initial] L [Lammers] 6 June
2. File!
[Initial] KR [Kritzinger] 3 June
[Initial] F [Ficker] 2 June
[Decree delegating Right to pardon Poles and Jews to Reich Governors and Provincial Presidents]
I delegate for the duration of the war the exercise of the right to pardon Poles and Jews sentenced by the general courts in the Incorporated Eastern Territories (including the Special Courts), as far as the Fuehrer has delegated it to me and no other delegation has yet been made by me, to the Reich governors (attorneys general) each for his respective province, in the Reich provinces of Wartheland and Danzig-West Prussia and the provincial presidents of the provinces of Upper Silesia and East Prussia.
Berlin, 28 May 1942
The Acting Reich Minister of Justice
[Signed] DR. SCHLEGELBERGER
(Seal)
to 9/70 East /2--II a-2-1054/42
7886 B 341357
TRANSLATION OF DOCUMENT NG-744
PROSECUTION EXHIBIT 500
LETTER FROM THE REICH MINISTRY OF JUSTICE, SIGNED BY FREISLER, TO PRESIDENTS OF DISTRICT COURTS OF APPEAL AND OTHERS, 7 AUGUST 1942, CONCERNING “POLES AND JEWS IN PROCEEDINGS AGAINST GERMANS”
The Reich Minister of Justice 4110-IV a-4-1586
Berlin W 8, 7 August 1942
Wilhelmstrasse 65
Telephone: 11 00 44
Long distance: 11 65 16
To the
Presidents of the District Courts of Appeal,
Attorneys General at the District Courts of Appeal
For information to:
(_a_) The Presidents of the Reich Supreme Court and of the
People’s Court,
(_b_) The Chief Reich Prosecutors at the Reich Supreme Court
and at the People’s Court.
Subject: Poles and Jews in proceedings against Germans
Enclosures: Copies for the Presidents of the District Courts,
Chief Public Prosecutors, Local Courts, and Public
Prosecutors at the Local Courts
The Penal Ordinance for Poles of 4 December 1941[359] (Reichsgesetzblatt I, p. 759) was intended not only to serve as a criminal law against Poles and Jews, but beyond that also to provide general principles for the German administration of law to be adopted in all criminal proceedings against Poles and Jews irrespective of the role which the Poles and Jews play in the individual proceedings. The regulations of article IX, for instance, according to which Poles and Jews are not to be sworn in apply to proceedings against Germans as well.
I have found that the special legal status of the Poles and Jews who are subject to the penal ordinance for Poles is not always taken into account. Reference is therefore made to the following points:
1. Proceedings against Germans should be carried on whenever possible without calling Poles and Jews as witnesses. If, however, such a testimony cannot be evaded, the Pole or Jew must not appear as a witness against the German during the trial, he must always be interrogated by a judge who has been appointed or requested to do so, (art. II, par. 1 of the Order for Execution of 31 Jan. 1942[360]--(Reichsgesetzblatt I, p. 52)).
2. Evidence given by Poles and Jews during proceedings against Germans must be received with the utmost caution especially in those cases where other evidence is lacking. I request that the Fuehrer order published in my circular decree of 3 September 1941-4103-II a-2-2041/41 concerning the interrogation of enemy subjects be applied to Poles and Jews as well.
3. Proceedings against Germans on the basis of charges preferred by Poles and Jews are only justified if sufficient proof is available that such a charge is well founded and if paragraph 153 of the Code of Criminal Procedure appears to be nonapplicable right from the beginning. As a rule, a thorough interrogation of the person preferring charges will have to take place first. The public prosecutor will also limit his application to the police in the same way. Coercive measures against the accused German as well as his official interrogation should in every case be undertaken only if the suspicion that the German has committed a serious offense has been sufficiently substantiated.
No information about the result of the proceedings is to be given to a Pole or Jew who has preferred charges against a German.
As deputy:
[typed] Signed: DR. FREISLER
Certified.
[Signed] KANNIESS
Senior clerk of Ministerial Chancellery
[Stamp]
Reich Ministry of Justice Office of the Minister
TRANSLATION OF DOCUMENT 662-PS
PROSECUTION EXHIBIT 263
NOTES OF THE REICH MINISTRY OF JUSTICE ON A CONFERENCE OF 9 OCTOBER 1942 ON TRANSFER OF CONVICTS AND “ASOCIALS” IN VARIOUS CATEGORIES TO THE AFRICA BRIGADE, SPECIAL COMMANDOS IN THE EAST, AND TO HIMMLER
_Copy_
Conference on 9 October 1942
SECRET
_I. AFRICA BRIGADE_
The Fuehrer has ordered the formation of an Africa Brigade composed of members of the age groups 1908 and younger who had hitherto been classified as unworthy of military service. The military unworthy assigned to the brigade in the African theater should be given the opportunity to redeem themselves, and thereby obtain permanent military worthiness. Those called up by virtue of the Fuehrer’s orders are to be classified as military worthy for the duration of their military service.
For the execution of the Fuehrer’s order, the High Command of the Armed Forces has issued the order of 2 October 1942--_Az 12 i 10.34 AHA/Ag/E_ (_Ia_)--Nr.550/42 g Kdos (top secret). Accordingly, the following will be called up:
1. Military unworthy German citizens of the age group 1908 or younger who have been sent to the penitentiary for 3 years or less and have not been penalized for the same or similar offenses either before or after the original offense.
2. Military unworthy German citizens of the same age group who have been sentenced to the penitentiary for 3 to 5 years for a first offense, and have no previous or later sentences.
3. Military unworthy German citizens of the same age group who have been sentenced to the penitentiary for 3 years (ref. par. 1) _and_ who still are _serving their sentences_, in case they have served 1 year with good conduct.
Concerning paragraphs 1–3, those called up must be fit for field and tropical service. Individuals with homosexual tendencies, or who were punished for high treason, or have been ordered to be held in custody for security reasons, or to be castrated are not to be called up. For those unfit to serve who have been sentenced to and have served up to 1½ years in the penitentiary and have otherwise served sentences for only minor offenses, the restoration of military worthiness will continue as a rule through the pardon channels. These may, as usual, be placed in various units of the army.
The measures necessary in the administration of justice according to this order are put into effect--
Pardon proceedings instigated by the local recruiting authorities on behalf of those sentenced who belong to the age groups of 1908 and younger will not as a rule be continued. The armed forces replacement offices concerned will be informed by the pardoning authorities, to desist from further processing of these requests by order of the High Command of the Armed Forces. Exceptions are proceedings against those, who have been sentenced up to 1½ years’ penitentiary (see above). These proceedings will be acted upon in the manner heretofore customary, and if need be, presented to the Reich Minister of Justice for decisions.
The attorneys general will issue a report on the number of convicts who are still in confinement who come under this category for induction. They will simultaneously compile lists which will contain personal particulars of those persons sentenced (name, birth-date and town, occupation, sentence, expiration date, behavior, etc.). The list will be sent to the army office concerned. The named prisoners will await the army’s call.
_II. SPECIAL COMMANDOS IN THE EAST_
The Reich Marshal has expressed the wish to have convicts made available to be used as special commandos in the East, and to carry out sabotage behind the enemy’s lines. He refers to convicts who strayed off the straight and narrow and have not committed especially dishonorable deeds, for whose person and deed one may have human understanding. Especially suited are poachers who out of a passion for hunting have trespassed, and smugglers who have risked their lives in battle on the borders against the custom officials.
The poachers are already being turned over to the Reich Leader SS for special duties. The number of smugglers who come under consideration is exceptionally small. A telephonic questioning of the 13 district attorneys located on the borders of the Reich, disclosed only 2 suitable smugglers in confinement and three are being investigated. In the case of the latter, the citizenship is doubtful. There are no similar groups of convicts for this task who could make any difference in amounts. Under these circumstances it appeared practical to give the attorneys general the general task of obtaining the convicts, appropriate for this purpose, and reporting them. Prerequisites are, voluntary enlistment, physical fitness for military service, age 18 to 45 years, confinement of at least 1 year for a deed not especially dishonorable. The following are exceptions:
_a._ Foreigners, stateless persons, those of non-German blood.
_b._ Persons who have been punished because of homosexuality or high treason, or against who imprisonment for security reasons or castration has been ordered.
The appropriate request to the attorneys general has been made. The reports are expected before 25 October 1942. They are being checked in the Reich Ministry of Justice. The names of those convicts appearing suitable according to this will be made known to the Reich Marshal. Insofar as they fulfill also the prerequisites for induction into the Africa Brigade, a corresponding reference will be necessary.
_III. DELIVERY OF ASOCIAL CONVICTS_
[Asoziale Strafgefangen]
Persons in penal institutions designated as asocial persons by judicial decision are to be turned over to the Reich Leader SS.
1. _Persons in custody for reasons of security_--Persons in custody for reasons of security who are in German penal institutions will be put at the disposal of the Reich Leader SS. The execution of sentence will be regarded as interrupted by the delivery.
In detail the following principles should govern proceedings:
_a._ Persons under court martial sentences will not be delivered. Prisoners sentenced by former Polish courts or by courts of the Government General, will be transferred; before this, however, agreement with the Governor General will be obtained. The workhouse according to Austrian law is not equivalent to security custody [Sicherungsverwahrung].
_b._ Whether women are also to be delivered is still doubtful. This question will be discussed with SS Gruppenfuehrer Streckenbach. In this regard it will have to be a fundamental point from the beginning that in the case of female Poles, Jews, and gypsies no doubt about the delivery can exist.
_c._ Foreigners are not affected. Poles, Russians, Ukrainians, Jews, gypsies do not rank as foreigners, however, Latvians, Estonians, do. Czechs sentenced by German courts will be handled like Germans.
_d._ The sick will be delivered, as soon as they are able to be transported. The question whether prisoners in penal institutions who according to the opinion of the institution are insane should be delivered will be discussed with SS Gruppenfuehrer Streckenbach.
_e._ The delivery of persons in custody for security reasons will take place as a matter of basic principle also in the case of such prisoners who on account of age or for other reasons no longer seem dangerous. An exception will be made only in the case of persons in security custody, in whose case the institution is convinced that because of their favorable development they can be released within a predictable time. These cases will be laid before section XV for individual checking.
_f._ Persons sentenced who are still serving penitentiary sentences, but who in addition have been sentenced to security custody, will be put at the disposal of the Reich Leader SS.
_g._ When delivering prisoners it must be taken into account that the production of industries important to defense should suffer no stoppages. Insofar as necessary workers to replace them must be trained first.
_h._ The question, to whom the delivery will be made, will be discussed with SS Gruppenfuehrer Streckenbach.
_i._ In the immediate future only persons who have received final judgment will be taken; the decision on future sentences is in abeyance. For the reception of persons sentenced later, individual institution will be designated, the number of which is to be limited as much as possible.
2. _Jews, gypsies, Russians, and Ukrainians_ will be delivered to the Reich Leader SS without exception.
3. _Poles_--Ethnic Poles who are subject to the Polish criminal law regulations or have been delivered to the Polish penal authorities and who have more than 3 years’ sentence to serve will be delivered to the Reich Leader SS.
Poles with smaller sentences will remain in custody of the prison system. After serving their sentences they will be reported by name to the police just the same.
4. _Penitentiary prisoners_--Penitentiary prisoners of the German and Czech ethnic groups, who are sentenced to a punishment of over 8 years, will be individually checked to see whether they are according to their personality, asocial, i.e., whether they will be worthless forever to the nation. If the answer to this question is affirmative, they will be delivered to the Reich Leader SS.
The check-up will be undertaken in section XV (Vice President of the People’s Court Engert, Oberregierungsrat, Hupperschwiller, Chief Public Prosecutor Meyer). Vice President Engert will regulate the technical execution. The decisions in individual cases are incumbent upon him. Special cases will be reported to the Reich Minister of Justice.
The guiding principles for those in security custody (III, 1) are valid, and furthermore the following is to be observed in this regard.
On the treatment of Czechs sentenced by courts in the Protectorate a conversation with the Reich Protector is necessary. The question whether Alsatians and Lorrainers who have been sentenced in Alsace and Lorraine should be taken must be cleared by negotiation with the chiefs of the civil administration.
Persons originally sentenced to death whose sentences have been commuted to penitentiary sentences over 8 years fall under the scope of the action, insofar as they are regarded as asocial. Under this requirement those sentenced persons are also included who have close relatives in the field, and prisoners for whom, because of their commitment in the removal of aerial bombs, a later commutation is contemplated.
On the treatment of persons sentenced who are lodged in curative or medical institutions, negotiations with SS Gruppenfuehrer Streckenbach must be undertaken.
[typed] Signed: DR. CROHNE
13 October
TRANSLATION OF DOCUMENT NG-558
PROSECUTION EXHIBIT 143
LETTER FROM REICH MINISTER OF JUSTICE THIERACK TO BORMANN, 13 OCTOBER 1942, CONCERNING THE “ADMINISTRATION OF JUSTICE AGAINST POLES, RUSSIANS, JEWS, AND GYPSIES”
T 459 The Reich Minister of Justice
Berlin, 13 October 1942
[Handwritten] Dispatched 13/10.
[Initials] KUE [Kuemmerlein]
To Reichsleiter Bormann Fuehrer Headquarters
Subject: Administration of criminal justice against Poles, Russians,
Jews, and gypsies
Dear Reichsleiter:
With a view to freeing the German people of Poles, Russians, Jews, and gypsies, and with a view to making the eastern territories incorporated into the Reich available for settlements of German nationals, I intend to turn over criminal proceedings against Poles, Russians, Jews, and gypsies to the Reich Leader SS. In so doing I work on the principle that the administration of justice can only make a small contribution to the extermination[361] of members of these peoples [Angehoerige dieses Volkstums auszurotten]. Undoubtedly the administration of justice pronounces very severe sentences on such persons, but that is not enough to constitute a material contribution toward the realization of the above-mentioned aim. Nor is any useful purpose served by keeping such persons in German prisons and penitentiaries for years, even if they are utilized as labor for war purposes as is done today on a large scale.
I am, on the other hand, of the opinion that considerably better results can be accomplished by surrendering such persons to the police, who can then take the necessary measures unhampered by any legal criminal evidence. I start from the principle that such measures seem entirely justified in wartime, and that certain conditions which I consider essential are fulfilled. These conditions consist in the prosecution of Poles and Russians by the police only if they resided until 1 September 1939 in the former state territory of Poland or the Soviet Union; and secondly, that Poles who were registered as being of German descent will continue to be subjected to prosecution by the administration of justice as before.
On the other hand, the police may prosecute Jews and gypsies irrespective of these conditions.
But no changes whatsoever are to be made in regard to the prosecution of other foreign nationals by the administration of justice.
The Reich Leader SS, with whom I discussed these views, agrees with them. I also informed Dr. Lammers.
I submit this matter to you, dear Reichsleiter, with the request to let me know whether the Fuehrer approves this view. If so, I would then make my official recommendations through Reich Minister Dr. Lammers.
[Handwritten] After one week. [Initial] Kue [Kuemmerlein] 10/19, 10/26
Heil Hitler!
yours
[Initial] TH [Thierack]
PARTIAL TRANSLATION OF DOCUMENT NG-787
PROSECUTION EXHIBIT 507
LETTER OF THE REICH MINISTRY OF JUSTICE TO LEADING JUDGES AND PROSECUTORS, 4 APRIL 1944, TRANSMITTING A REPORT OF THE REICH STATISTICAL BUREAU ON “CRIMINALITY IN THE GREATER GERMAN REICH IN THE YEAR 1942,” EXCLUSIVE OF CASES HANDLED BY THE PEOPLE’S COURT
The Reich Minister of Justice _4206 III a-4-446_
Berlin W 8, 4 April 1944
Wilhelmstrasse 65
Phone: 110044
out of town: 116516
To the Presidents of the Reich Supreme Court and the
People’s Courts
To the Presidents of the Districts Courts of Appeal and the
Chief Reich Prosecutors
at the Reich Supreme Court and the People’s Court,
as well as the Public Prosecutors at the Courts of Appeal
Subject: Development of criminality
1 enclosure: 1 copy each of the enclosed report regarding
criminality in the Greater German Reich in the year 1942
I am enclosing one copy of the report regarding criminality in the Greater German Reich. Please acknowledge and treat confidentially.
By order:
[Typed] Signed: GRAU
Certified: [Signed] SEEMANN
[Stamp] Judicial Clerk
Reich Ministry of Justice Ministerial Chancellery [Handwritten] To Under Secretary Dr. Klemm
Reich Statistical Bureau
_Keep under lock and key_
_Only for official use._
_Publication not permitted_
_Criminality in the Greater German Reich in the year 1942_
_1. Total result_
Since 1 January 1942 the Reich statistics of criminality comprise territorially the area of the Greater German Reich with the exception of the Alpine and Danube Gaue where the criminal law of the Reich as the exclusive basis of the statistics of criminality in the Reich, has not yet been introduced in its totality. As to _persons_, the statistics of criminality in the Reich enumerate separately--
_a._ German nationals and aliens (aliens too will be enumerated
separately from 1 January 1943 on).
_b._ Members of the Protectorate.
_c._ Poles and Jews sentenced on the basis of the Penal Ordinance
for Poles.
_d._ Other racial Jews.
Taking these individual groups together, a _total_ of 457,129 persons were _sentenced_[362] with legally binding effect in the Greater German Reich for crimes and offenses against laws of the Reich (not counting sentences for crimes and offenses against laws of the Reich falling under the jurisdiction of the People’s Court) that is, 9.4 percent more than in the year 1941 (417,923). The number of persons _convicted_ with legally binding effect amounts to 417,001--91.2 percent of the total number of persons accused; 1941 [amounted] to 377,072--90.2 percent. Punishment was inflicted on 372,502 persons convicted (1941: 346,105)--89.3 percent (91.8 percent) and punishment and corrective measures on 2,449 (3,082)--0.6 percent (0.8 percent).
Of 29,305 (1941: 30,540) persons sentenced 6.4 percent (7.3 percent) were _acquitted_. In addition corrective measures were decreed in the case of 139 (134) defendants who were acquitted, in the case of 487 (495) corrective measures were decreed independently, and in the case of 35 (54) persons a motion to decree corrective measures independently was refused.
In 10,162 cases (2.2 percent) compared with 9,628 (2.3 percent) in the previous year, _proceedings were quashed_ by the court.
In the year reported on 84,318--20.2 percent of the total number of persons convicted, compared with 92,546--24.5 percent in the year 1941, were persons who had been _previously convicted_ of crimes or offenses against laws of the Reich.
Total number of persons convicted--
------------------------------------+---------------+---------------
| 1941 | 1942
+-------+-------+-------+-------
|Number |Percent|Number |Percent
------------------------------------+-------+-------+-------+-------
I. Crimes and offenses in violation | | | |
of the Reich Penal Code |232,888| 61.8 |240,473| 57.7
| | | |
II. Crimes and offenses in violation| | | |
of other laws of the Reich |144,184| 38.2 |176,528| 42.3
------------------------------------+-------+-------+-------+------
Thus, the proportion of crimes and offenses in violation of the Reich Penal Code decreased from 1941 to 1942, whereas the proportion of those in violation of other laws of the Reich increases as a result of the growing number of violations of wartime penal legislation.
Detailed information concerning the extent of criminal acts in 1942, _important for reasons of criminal policy as well as numerically_ compared with the previous year, is furnished in the chart [1] below.
-----------------------------+---------------------------+---------------------------
| 1941 | 1942
+--------------+------------+--------------+------------
| Total number | Persons | Total number | Persons
| of persons | previously | of persons | previously
| sentenced | convicted | sentenced | convicted
| | among them | | among them
-----------------------------+--------------+------------+--------------+------------
Sexual crimes and offenses | | | |
against morality | 13,591 | 4,544 | 10,588 | 3,074
Thereunder-- | | | |
Sodomy and bestiality | 3,963 | 1,522 | 2,790 | 936
Indecent assault on | | | |
persons under 14 | | | |
years of age | 4,374 | 1,364 | 3,415 | 964
Murder | 187 | 50 | 153 | 42
Manslaughter | 151 | 37 | 118 | 25
Abortion | 2,993 | 482 | 3,193 | 425
Slight, dangerous, and | | | |
serious bodily injury | 13,353 | 3,439 | 10,024 | 2,215
| | | |
Larceny, also in the case | | | |
of repeated offenses | 77,556 | 21,675 | 89,656 | 21,188
| | | |
Aggravated larceny, also | | | |
in the case of repeated | | | |
offenses | 12,192 | 3,936 | 15,587 | 3,776
| | | |
Embezzlement | 10,987 | 4,129 | 10,179 | 2,968
| | | |
Robbery, also in the case | | | |
of second offenders and | | | |
extortion equivalent to | | | |
robbery | 300 | 104 | 186 | 59
| | | |
Extortion | 512 | 182 | 353 | 102
| | | |
Receiving stolen goods, | | | |
also in the case of | | | |
repeated offenses | 10,956 | 2,329 | 14,778 | 2,619
| | | |
Simple fraud, also in the | | | |
case of repeated offenses | 16,258 | 8,005 | 12,551 | 5,266
| | | |
Forgery of Public Documents, | | | |
etc. | 8,052 | 2,075 | 9,952 | 2,069
| | | |
Arson | 121 | 23 | 119 | 20
| | | |
Major and minor crimes by | | | |
breach of official duties | 2,208 | 354 | 2,471 | 311
| | | |
Crimes and offenses against | | | |
the law concerning | | | |
dealings with food, etc. | | | |
(Adulteration of foods) | 3,433 | 668 | 2,801 | 557
| | | |
Law concerning fire arms | 1,626 | 304 | 1,317 | 206
| | | |
Law for the protection of | | | |
German blood and German | | | |
honor (race pollution) | 189 | 86 | 109 | 46
| | | |
Decree against people’s | | | |
parasites | 3,822 | 1,941 | 6,349 | 2,602
| | | |
Decree concerning Crimes of | | | |
Violence | 282 | 149 | 263 | 131
-----------------------------+--------------+------------+--------------+------------
Thus, we find an _increase_, to a more or less considerable degree, in the following crimes: abortion (+6.7 percent), larceny and aggravated larceny (+15.6 percent and +27.8 percent resp.), and receiving of stolen goods (+34.9 percent). The three last named criminal acts, the most important of which are directed against property, constitute approximately 50 percent of all crimes and offenses against the Reich Criminal Code recorded for this year. The same offenses constituted only 43.2 percent of the total in 1941. Cases of forgery of public instruments also show an increase (+23.6 percent), partly in consequence of the forging of the numerous identity cards and papers necessitated by the government control of economy. Offenses by breach of official duties, likewise, have increased in number (+11.9 percent). The increase of cases pertaining to the decree against people’s parasites is particularly noticeable (+66.1 percent).
On the other hand, all categories of sexual crimes have _decreased_ in number (-22.3 percent), particularly unnatural sexual offenses (-29.6 percent) and indecent assault on persons under 14 years of age (-21.9 percent). Decreases are also recorded for the various types of willful bodily injury (-24.9 percent), for the two capital crimes, murder and manslaughter (-18.2 percent and -21.9 percent resp.), among the crimes against property, embezzlement (-7.4 percent), for both robbery and extortion equivalent to robbery (-38 percent) as well as extortion (-31.1 percent) to a considerable extent, and, furthermore, for fraud (-22.8 percent). The decline in the number of convictions arising from crimes of violence (-6.7 percent) is also notable.
_Sentences_ imposed in 1942 (1941) (this covers both fines and imprisonment) are as follows: 2,199 (1,085) death sentences, 20,104 (15,981) limited sentences of penitentiary [Zuchthaus] (including severe penal camp), 194,386 (162,768) sentences of imprisonment (including ordinary penal camp) and 162,158 (170,254) fines.
A comparison between this and last year’s criminal statistical data for individual groups cannot be drawn because of the introduction of a revised system of enumeration, previously mentioned, that went into effect 1 January 1942. Until then the Reich criminal statistics had not yet provided such an analysis of individual groups.
_2. Ethnic members of the German national community and foreigners_
_a._ Sentences
In 1942 a total number of 378,670 persons, both ethnic members of the German national community as well as foreigners were legally sentenced within the Greater Reich for crimes and offenses against Reich laws (not including sentences for crimes and offenses against Reich laws falling within the jurisdiction of the People’s Court). Of these, 341,540, or 90.2 percent were legally _convicted._ Penalties alone were imposed on 297,324, or 87.1 percent of those convicted, whereas both penalties and measures of security and reform were imposed on 2,332 or 0.7 percent. The number of convicted persons, punishment for whom was set aside in accordance with the juvenile court law amounts to 2,911 or 0.8 percent. However, for the vast majority of these cases measures of reform were ordered and these amounted to 10,233 according to this year’s record. Juvenile detention was ordered in the case of 37,717 defendants, which means 11 percent of all convicted ethnic members of the German community (and foreigners), and 71.9 percent of the total number of juveniles within this particular group who were subject to a penalty. In addition, prison sentences of indefinite duration were imposed on 1,256 juveniles.
For the recorded year 26,544 defendants or 7 percent of the total number, were acquitted. Besides, in 135 instances acquittal was granted along with measures of security and reform, in 475 cases such measures alone were imposed, and in 35 cases motions for measures of security and reform were rejected.
_Proceedings_ were _quashed_ by courts in 9,941 cases, representing 2.6 percent of the total of persons brought to trial.
212,410 or 62.2 percent of the total of convictions of German nationals (including foreigners) in 1942, represent crimes and offenses in violation of the Reich Penal Code and 129,130 or 37.8 percent represent crimes and offenses in violation of other laws of the Reich.
_b._ Personal Data on Convicted Persons
Of convicted German nationals (and foreigners) 116,754 or 34.2 percent in 1942, were _female_ and 52,423 or 15.3 percent were _juveniles_ (ranging in age from 14 to 18). The age group of 18 to 21, normally representing the heaviest criminal quota, participates in the total of convictions only with a number of 34,401 delinquents or 10.1 percent, due to the drafting of many of these age brackets. The number of persons already _previously convicted_ for crimes and offenses against laws of the Reich amounts to a total of 77,322 or 22.6 percent of whom 18,478 or 23.9 percent had more than 4 previous convictions. 36,419 of the convicted persons or 10.7 percent were foreigners, of whom 3,064 or 8.4 percent represented juveniles.
_c._ Individual Criminal Acts
Chart 1 A[363] affords a view into the criminal structure of 1942. According to this, the various acts of theft form, as previously, the greater part of the total of convictions (91,476 or 43.1 percent; all of whom are persons convicted for crimes and offenses in violation of the Reich Penal Code). If one disposes of insult as a petty and civil offense (13,516 or 6.4 percent), there follows--though at a greater interval--the other two significant offenses against property, i.e., fraud (11,567 or 5.4 percent) and receiving stolen goods (12,115 or 5.7 percent). The fifth place is accorded to sexual offenses (10,205 or 4.8 percent) among which the indecent assaults on persons under 14 as well as sodomy and bestiality (32.7 percent and 26.2 percent resp.) represent comparatively the greater share of all sexual crimes and offenses. Then follow again two offenses against property, i.e., embezzlement (9,328 or 4.4 percent) and forgery of documents (8,628 or 4.1 percent).
In major crimes, murder participates with 117 convictions; manslaughter with 101, and robbery together with extortion equivalent to robbery with 147 delinquents.
If one arranges the above discussed, numerically significant criminal acts in accordance with convicted _adults_ and _juveniles_ the following results: Of the total number of adult and juvenile persons convicted for crimes and offenses in violation of the Reich Penal Code, the percentage is as follows:
--------------------------------+----------+------------
| Adults | Juveniles
--------------------------------+----------+------------
Petty larceny | 33.8 | 49.3
Aggravated larceny | 3.8 | 17.5
Embezzlement | 4.8 | 2.7
Receiving stolen goods | 6.4 | 2.5
Fraud | 6.0 | 2.8
Forgery of Public Documents | 4.1 | 3.8
Sexual crimes and offenses | 4.7 | 5.1
--------------------------------+-----------------------
In petty and aggravated larceny together, the number of crimes represent approximately two-thirds for juveniles and slightly less than four-tenths for adults.
Due to enactment of laws pursuant to war exigencies, the following other crimes and offenses deserve mentioning: They are arranged in order of the number of their convictions.
Persons
convicted
with legally
binding
effect
Penal ordinances relating to the rationing of
consumer goods of 5 April 1940 18,565
Decree amending the penal code for the protection of
the military power of the German nation of 25
November 1939 9,263
Amongst them: prohibited contact with prisoners of
war (article 4) 9,103
War Economy Decree of 4 September 1939 8,097
Decree against people’s parasites of 5 September 1939 5,029
Decree, subject: special measures concerning foreign
broadcasts of 1 September 1939 985
Decree relating to crimes of violence of 5 December
1939 194
_d._ Sentences pronounced
Chart No. 2[364] gives the particulars about the _sentences pronounced._
According to it, in 1942, 1,061 _death sentences_ were pronounced, among them 18 against juveniles. 15,830 defendants were sentenced to terms in _penitentiary for definite periods of time_, of them 6,543 or 41.3 percent to a period of 3 years and more, 56 terms in penitentiary for a definite period of time were pronounced against juveniles.
Of the total number of _terms of imprisonment_ amounting to 143,685--in the year reported on short-term sentences formed 41.5 percent of them, these of medium length 47.3 percent, long-term imprisonments 10.3 percent, and these of undefined length 0.9 percent.
_Fines_ were imposed in 141,464 cases. Detention was pronounced in 378 cases.
In 1942 juvenile arrest was pronounced against 37,717 juveniles, i.e., against 71.9 percent of the total number of juvenile delinquents, among them were 25,562 arrests or 67.8 percent for a definite period of time. The proportion of chronologically defined terms of imprisonment of more than 2 weeks to the total number of arrests is 51.5 percent. 12,155 or 32.2 percent of the juveniles were sentenced to weekend incarceration, and among them 23.6 percent to the loss of three and four of their weekly off-times.
Of the _protective and reformative measures_ described in article 42a of the Reich Penal Code, the following have been decreed with legally binding effect in 1942:
Placing into a lunatic asylum 906
Placing into a reformatory institution for alcohol addicts 90
Placing into a workhouse 400
Protective custody 1,414
Sterilization of dangerous sexual offenders 152
Ban on the exercise of trade or profession 298
In greater detail in the period reported on protective and reformative measures were decreed e.g., in the case of convictions for indecent assault on persons under 14 years of age; 232 times or 7.0 percent of the persons convicted for the offenses in question; for repeated petty larceny, 334 times or 7.4 percent; for repeated aggravated larceny, 195 times or 25.1 percent; and for repeated fraud, 271 times or 20.2 percent.
_3. Other Groups of Persons_
The following gives detailed particulars concerning the number of Protectorate Nationals, Poles and Jews, as well as racial Jews brought to trial in Greater Germany (exclusive of the Alpine and Danube Gaue) in 1942.
-----------------------------------------+-------------+---------+------
|Protectorate | Poles |Racial
| Nationals |and Jews | Jews
-----------------------------------------+-------------+---------+------
Persons brought to trial | 13,060 | 63,786 | 1,613
Juveniles brought to trial | 482 | 5,169 | 44
Percentage of persons brought to trial | 3.7 | 8.1 | 2.7
| | |
Convicted persons | 12,117 | 61,836 | 1,508
Percentage of persons brought to trial | 92.8 | 96.9 | 93.5
| | |
Acquitted | 871 | 1,816 | 74
Percentage of persons brought to trial | 6.7 | 2.8 | 4.6
| | |
Persons previously convicted | 2,493 | 4,237 | 266
Percentage of total convicted | 20.6 | 6.9 | 17.6
Persons with more than 4 previous | | |
convictions among these | 766 | 593 | 43
Percentage of previously convicted | 30.7 | 14.0 | 16.2
-----------------------------------------+-------------+---------+------
The figures given above concerning the _convictions_ of Poles and Jews, refer exclusively to convictions according to the Penal Ordinance for Poles, that is to say, mainly to such crimes which have been committed in the Incorporated Eastern Territories. However, crimes are also included which have been committed in other districts of the German Reich by Jews and Poles, who on 1 September 1939 had their residence or permanent abode in the territory of the former Polish state (No. XIV of the Penal Ordinance for Poles).[365]
Contrary to expectations, the _quota_ of Poles and Jews _previously convicted_ is low; this can first of all be explained by the fact that some of the criminal records were destroyed in the eastern territories; furthermore that during the fighting in autumn 1939, the Poles opened the doors of the penitentiaries and released dangerous criminals who, in most cases, turned criminals again and were brought before the German summary courts; a great number of those retaken, against whom fresh violations of the law could not directly be proved, were sent to concentration camps as a preventive measure. In both instances, therefore, persons who had previous convictions were thus omitted from the census of criminal statistics. Taking these points into consideration, the quota of Poles and Jews previously convicted has still to be regarded as comparatively high.
Particulars concerning the most important _punishable_ actions, committed by the above mentioned groups of persons which have led to a conviction, can be obtained from chart I B.
With regard to the penalties imposed upon them by the courts a total of 1,138 Protectorate Nationals, Poles, and Jews, as well as Jews by race were sentenced to death during the current year according to chart 2. These figures include 930 Poles and Jews sentenced under the crimes ordinance for Poles. The total number of penal servitude sentences, imposed for limited periods of time, against Protectorate Nationals and Jews by race amounts to 2,237 and the jail sentences amount to 7,321. By virtue of the criminal ordinance for Poles the sentence of penal camp for hard labor was imposed in 2,017 cases and that of regular penal camp in 43,180 cases.
The total _fines_ imposed, amount to 20,694.
85 defendants had their _property confiscated_.
* * * * * * *
_Chart 2_
_Punishments meted out in the year 1942
on account of crimes and offenses against Reich laws_
---------------------------+----------------------------------------------
| Punishments[366] meted out to--
|
+----------------+------------+---------+------
Sentences |German Nationals|Inhabitants |Poles[367]
|(and Foreigners | of the | and |Racial
| Total of this |Protectorate| Jews | Jews
| total to | | |
| juveniles | | |
---------------------------+--------+-------+------------+---------+------
| | | | |
Death sentences | 1,061 | 18 | 186 | 930 | 22
| | | | |
Penal servitude sentences: | | | | |
For life | | | | |
For a certain length of | | | | |
time, in toto | 15,850 | 56 | 2,112 | | 125
For less than 3 years | 9,307 | 18 | 1,294 | | 56
For 3 years and more | 6,543 | 38 | 818 | | 69
| | | | |
Total of jail sentences |143,885 | 9,695 | 6,875 | | 646
Of them-- | | | | |
For less than 3 months | 59,736 | 2,520 | 2,595 | | 348
For 3 months up to | | | | |
1 year | 88,012 | 5,315 | 3,020 | | 218
For one year and more | 14,881 | 504 | 1,051 | | 80
For an undetermined | | | | |
length of time | 1,256 | 1,256 | 9 | |
| | | | |
Severe penal camp total of | | | | |
sentences imposed | | | | 2,017 |
Of them-- | | | | |
For less than 5 years | | | | 1,257 |
For 5 years or more | | | | 760 |
| | | | |
Ordinary penal camp total | | | | |
of sentences imposed | | | | 43,180 |
Of them-- | | | | |
For less than 1 year | | | | 32,540 |
For 1 year or more | | | | 10,640 |
| | | | |
Confiscation of property | | | 4 | 78 | 3
| | | | |
Fines |141,464 | 2,021 | 3,037 | 16,939 | 718
| | | | |
Confinement in a fortress | | | | |
| | | | |
Arrest | 378 | 31 | 54 | | 4
| | | | |
Arrest of juveniles in | | | | |
toto | 37,717 |37,717 | 134 | |
namely: for a certain | | | | |
period in toto | 25,562 |25,562 | | |
of this, for more than | | | | |
2 weeks | 13,165 |13,165 | | |
| | | | |
Total of weekend | | | | |
imprisonments | 12,155 |12,155 | | |
Of this, [those with] | | | | |
3 and 4 pass privileges| 2,866 | 2,866 | | |
---------------------------+--------+-------+------------+---------+------
PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112
THIRTEENTH REGULATION UNDER THE REICH CITIZENSHIP LAW,
1 JULY 1943[368]
1943 REICHSGESETZBLATT, PART I, PAGE 372
Under article 3 of the Reich Citizenship Law of 15 September 1935 (Reichsgesetzblatt I, p. 1146), the following is ordered:
Article 1
1. Criminal acts committed by Jews shall be punished by the police.
2. The decree concerning penal law for Poles [Polenstrafrechtsverordnung] of 4 December 1941[369] (Reichsgesetzblatt I, p. 759) shall no longer apply to Jews.
Article 2
1. The property of a Jew shall be confiscated by the Reich after his death.
2. The Reich may, however, grant compensation to the non-Jewish legal heirs and persons entitled to sustenance who have their domicile in Germany.
3. This compensation may be granted in the form of a lump sum, not to exceed the ceiling price of the property which has passed into possession of the German Reich.
4. Compensation may be granted by the transfer of titles and assets from the confiscated property. No costs shall be imposed for the legal processes necessary for such transfer.
Article 3
The Reich Minister of the Interior with the concurrence of the participating supreme authorities of the Reich shall issue the legal and administrative provisions for the administration and enforcement of this regulation. In doing so he shall determine to what extent the provisions shall apply to Jewish nationals of foreign countries.
Article 4
This regulation shall take effect on the seventh day of its promulgation. In the Protectorate Bohemia and Moravia it shall apply where German administration and German courts have jurisdiction; article 2 shall also apply to Jews who are citizens of the Protectorate.
Berlin, 1 July 1943
The Reich Minister of the Interior
FRICK
Chief of the Party Chancellery
M. BORMANN
Reich Minister of Finance
COUNT SCHWERIN VON KROSIGK
Reich Minister of Justice
DR. THIERACK
PARTIAL TRANSLATION OF DOCUMENT NG-151
PROSECUTION EXHIBIT 204
SELECTIONS FROM CORRESPONDENCE PRECEDING ISSUANCE OF THIRTEENTH REGULATION UNDER REICH CITIZENSHIP LAW, 3 AUGUST 1942–21 APRIL 1943, INVOLVING LIMITATIONS UPON LEGAL RIGHTS OF JEWS, THEIR PUNISHMENT BY POLICE, AND RELATED MATTERS[370]
1. Letter from the Reich Ministry of Justice to several leading
Reich authorities, 3 August 1942
Direct Reich Chancery 10939 B Reich Minister of Justice III a-2 1637 42 1506/5
Carbon Copy
Berlin W 8, 3 August 1942
_Urgent Letter_
To the
_a._ Reich Minister of the Interior
_b._ Reich Leader SS and Chief of the German Police
_c._ Reich Minister for People’s Enlightenment and Propaganda
_d._ Foreign Office
_e._ Chief of the Party Chancellery, Munich
_f._ Reich Protector for Bohemia and Moravia
Subject: Restriction of legal rights [Rechtsmittel][371] for Jews in
criminal cases
1 Enclosure
Enclosed I submit the draft for an ordinance concerning the restriction of legal rights for Jews in criminal cases with the request to state your opinion in regard to it.
_I_ have emphasized the importance in war of this ordinance, because it indirectly serves national defense. The dissatisfaction which is apparent in wide circles of the German population with regard to the fact that legal rights in criminal cases are still afforded to Jews and that they are still given the right to appeal to the courts in cases of sentences inflicted by the police is liable to weaken the determination of the German people to defend itself in this contest which has been imposed on it.
As Deputy:
[typed] signed: DR. FREISLER
2. Draft enclosed with the letter of the Reich Ministry of Justice
of 3 August 1942
_Copy_
[Handwritten] 1508/05
_Ordinance concerning the restriction of legal rights for
Jews in criminal cases_
Of....................1942
The Ministerial Council for the defense of the Reich decrees with force of law:
Article 1
Jews are not entitled to make use of the right of appeal, revision (appeal for nullification pursuant to the former Austrian law which has remained in force), and complaint against decisions in criminal cases.
Jews cannot appeal to courts for a decision against sentences inflicted by the police.
In cases where an appeal for legal rights has been filed already or a decision by a court proposed at the time this ordinance is being enforced, those are considered as cancelled.
Berlin,....................1942
The President of the Ministerial Council for
the Defense of the Reich,
[Handwritten] GFM [General-Feldmarshall]
Reich Minister and Chief of the Reich
Chancellery
To IIIa-2 1637.42 344528
3. Letter from the Reich Ministry of the Interior to the Reich Ministry
of Justice, 13 August 1942
Reich Chancery 11452B 15 August 1942 [Initial] FI [Ficker] Reich Minister of the Interior
Berlin, 13 August 1942
NW 7, Unter den Linden 72
Telephone: 12 00 34
12 00 37
Ib 1200/42 1508/06
7035
Use this reference in your reply. Reference 15/8
_Urgent Letter_
S.Ang. of 21/8
To the Reich Minister of Justice
Subject: Restriction of legal rights for Jews
Referring to your letter of 3 August 1942 RK. 11405 B im Gg.
1b-III-2 1637.42
The same considerations which have prompted your suggestion to deny legal rights to Jews in criminal cases also apply to administrative matters. I would like to ask you, therefore, to extend the draft of an ordinance concerning the restriction of legal rights for Jews in criminal cases at the same time also to administrative matters, giving it about the following tenor:
Ordinance concerning the restriction of legal rights for Jews
Of....................1942.
The Ministerial Council for the Defense of the Reich decrees with force of law:
Article 1
Jews are not entitled to make use of the right of appeal in criminal or administrative cases.
They cannot appeal, as is otherwise admissible, to the courts for a decision against a decision taken.
Nor can they enter a protest which otherwise might be admissible.
Article 2
In cases where an appeal for legal rights or a protest has been filed already they are considered as canceled.
Article 3
This ordinance is enforced 7 days after its announcement. It is valid also in the Protectorate of Bohemia and Moravia and the Incorporated Eastern Territories.
Berlin,....................1942
The President
of the Ministerial Council for the
Defense of the Reich
Delegate General for the Reich Administration
Reich Minister and Chief of the Reich Chancellery
Copies to the supreme Reich authorities, except the Reich Minister of Justice with the request to state their opinion by 21 August 1942, in case of difference of opinion. Otherwise agreement will be assumed.
As deputy:
[signed] DR. STUCKART
4. Letter from the Reich Ministry of Justice, signed by the defendant Schlegelberger, to the Reich Ministry for People’s Enlightenment and Propaganda, 13 August 1942
The Acting Reich Minister of Justice Copy
III a 2 1706.42 Berlin, 13 August 1942 [Handwritten] 1508/06
_Urgent Letter_
To the Reich Minister for People’s Enlightenment and Propaganda
Berlin
Subject: Restriction of legal rights for Jews
Referring to urgent letter of 12 August 1942[372] R 1400/23.7.42/122/1.9.
I. I thought of meeting at first the most urgent need within the compass of my sphere of activity, viz, that of adjusting the administration of justice from a legal point of view, and moreover I had prepared a corresponding draft for the other administration of justice belonging to my sphere of activity. However, I did not want to take the initiative to make suggestions concerning matters which are beyond the sphere of my department.
_The draft enclosed in your urgent letter_ includes all supreme authorities of the Reich, especially that of the Reich Minister and all ministers whose sphere of work is connected with matters of administrative law. While, as far as the sphere of activity of these ministers is concerned I still adhere to the opinion that I should refrain from making suggestions on my part, I declare that I have no objections against an extension of my draft to matters of administrative law and to decisions by administrative authorities.
II. 34529 114058
II. On the assumption that an extensive regulation of the situation of the Jews with regard to legal and administrative decisions is desired, it seems necessary to me that the question of the admissibility for a Jew to _testify on oath_ be legally regulated too, and this regulation had best be included in the same decree.
Therefore, I furthermore suggest that the decree should provide that the Jew is not admissible to testify on oath. Thereby the taking of an oath or the furnishing of an affidavit by Jews is in general impossible.
In my opinion, however, the fact that the Jew is not permitted to take an oath should not make the Jew have a better legal position than the person who is authorized to take an oath. Therefore, I further suggest to include a regulation according to which the testimony of a Jew which could have been made under oath--if it had been given by a person who is permitted to take an oath--should be treated like testimony given under oath as far as criminal cases are concerned. My idea in this connection is that the chiefs of the supreme authorities of the Reich should order administratively that it should be pointed out to the Jew that he could be legally prosecuted if he commits an offense against his duty to give true testimony, but I do not propose to make this a prerequisite of being liable to punishment.
In my opinion, comprehensive settlement of the problem requires furthermore the exclusion, for reasons of foreign policy, of all Jews from the regulations of this decree who are citizens of a foreign nation.
Therefore, under the assumption that the persons participating in the comprehensive solution of the problem and those supreme authorities of the Reich which are in charge of specialized sectors agree, I would suggest to give the _following wording_ to the decree:
Decree concerning the restriction of legal rights for Jews and their inadmissibility to take an oath.
dated....................1942
The Ministerial Council for the Defense of the Reich orders the following to be enforced as a law:
Article 1
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Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIChapter LV: Section 60: , Penal Code. Costs: Section 465, Code of Criminal Procedure (1)
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