Self Administration
This impression of the Eastern peoples that their work and military utilization in the German service is meaningful, can only be achieved by giving them self administration in a national-political respect as a goal. Secret slogans can actually never be kept secret, that is known. Today, the conviction is at large all through the Eastern area that Germany has the intention to put the Slav on the same level as the Negro; that the Slav must be biologically exterminated at the first possible moment, that at best he would be all to seek his livelihood beyond the Ural mountains.
This knowledge constitutes the greatest danger for the German leader who wants to organize the Russian area. Already the fact that the marked conviction in the Eastern area is generally known and widespread today, means a weakening of the war economic and soldierly potential of the Slav, such as no partisan propaganda could achieve to such an extent.
Primacy of War Necessities
All of these projects exist beyond any ideological attitude. The military and war economic necessities are the only guides. If we forsake them, then the German soldier at the front will have to pay for our political errors in disposition with his blood.
We must build, by taking only those measures, beyond all ideology, which may be suitable after a victorious peace, which are useful in furthering the working and soldierly commitment of the Slav in our interest and thereby conserve German working power and German blood, and bring German victory closer.
Appendix A Daily Food Rations in the Occupied Eastern Territories. (in grams)
PARTIAL TRANSLATION OF DOCUMENT 1383-PS
Excerpt from Transcription of a Stenographic Report of Discussion of the Current Military Situation—dated 12 December 1942—[Pages 65 and 66.]
Jodl: The Military Commander of France reports: The number of those French workers who were deported into the Reich since 1 June has now passed 220,000. There are, in round figures, 110,000 specialists in Berlin. An agreement has been successfully concluded with the French Government about cession of an oil refinery with a capacity of 1/2 million tons. More than that, the French Government has agreed to furnish other installations if need be.
(Reading)
There is nothing else to report from France. The sending away of the 121st and 304th was good. One already more than 50 trains, the other about 46 trains.
Down there in the Balkans a clean-up campaign is under way in Jajce. Where the opponent has retreated, he is being pushed. Those mountains here are quiet. At * * * across the demarcation line, have thrown back the enemy. Here he has attacked very hard, left 37 dead. People are continuously being arrested in Belgrade. One can say that every day between 15 and 30 Mihailovic followers are being shot.
Up here where the Italians have started to withdraw, the pressure has already become somewhat livelier. Here are concentrations,—here is where once in a while the railways are being destroyed, and also in this area where the pressure of the enemy against this contemplated Italian line is increasing.
Down here another clearing action by the Italians is now in swing.
In Finland everything is quiet, also after these fake attacks day before yesterday.
PARTIAL TRANSLATION OF DOCUMENT 1384-PS
Conference of the Fuehrer with General Field Marshal Keiteland General Zeitzler on 8 June 1943 at the Berghof—Extract from stenographic notes.
[Page 6] The Fuehrer: * * * I can only say: we will never build up a Russian army, that is a phantom of the first order. Before we will do so, it will be much simpler if I get the Russians as workers in Germany; that is much more decisive. I don't need a Russian army which I have to strengthen with German corset stays through and through. It serves my purpose if I get Russian workers instead. Then I can release the Germans and reeducate the Russians. For us the most successful thing lies in the production of the Russian workers who are employed in Germany; of course, we have to feed them in a different way if we thrust a maximum amount of work upon them.
[Page 12] He said: Here, I lose 500,000 Jews. I must take them away, because the Jews are the element of revolt. But in my area, actually, the Jews were the only tradesmen. Now they want to set up high schools and grammar schools, thereby building here, a national Ukrainian state, that should in the future, fight against Russia. I am not even in a position to have the worker, who must work here, have his boots repaired. I can't do that because the tradesmen are no longer here. The Jews are all gone. What is more important, that I train the Ukrainians how to mend boots, or that I send them high schools so that they can build up the Ukrainian state?
[Page 25] Keitel: Now about the employment of people from deserters camps.
Fuehrer: I am of the opinion that they should be transferred to Germany and used there. They are prisoners of war. If I only could transfer 30, 40 or 50,000 men to the commissioner for coal production! But then they will have to be treated really in a decent way.
Zeitzler: I have set as my goal that they should become decent workers in Germany. We can't do much with deserters at the front. I can commit a few of them as volunteers for replacements. But the majority should go to Germany as workers in order to release Germans.
Fuehrer: I can only say: if we do not straighten out our coal affairs, the moment will arrive when I shall not be able to produce either ammunition or explosives anymore, nor will we be able to build submarines. This will happen in 100 other fields too. It is idiotic. But the moment will arrive. It is already tragic when the Italians come and ask us why do we not deliver this or that. I have to deliver it. We cannot, because we haven't got enough coal. That is sloppy, of course.
TRANSLATION OF DOCUMENT 1386-PS
1936 REICHSGESETZBLATT, PART I, 378Law concerning the granting of amnesty of 23 April 1936
The Reich government has decided to enact the following law, which is announced hereby.
Par. 1
1. Amnesty is granted for punishable acts which the perpetrator has committed in his eagerness to fight for the National Socialist ideal. Excluded are intentional offences through which death of a human being has resulted; excluded also are acts, the motives and nature of which show base intentions of the perpetrator.
2. Sentences which through the punishable acts described in Par. 1, are recognized to be legal and are not yet carried out when this law goes into effect, will be remitted. Pending prosecution will be put off if the act has been committed before 20 April 1936; new prosecutions will not be established.
Par. 2
Amnesty is also granted for other punishable acts, under the provisions of the following regulations:
1. When this law goes into effect, sentences recognized as valid, but not yet carried out, will be remitted, if they consist of not more than one month imprisonment and/or a fine (the latter may be changed into one month imprisonment). If on account of several separate actions, a total fine is imposed, amnesty is only valid if the fine does not go over the limit described in section 1; when this law goes into effect, the same rule applies when several legal convictions are combined into one.
2. Pending prosecutions for offences, committed before 20 April 1936, will be put off if no higher punishment or combined punishment, of one month and a fine, can be expected. New prosecutions will not be established.
Par. 3
1. In addition to #1 and #2, when this law goes into effect, fines and imprisonment not exceeding 6 months either separately or both together recognized to be valid but not yet carried out, or which are still imposed for acts committed before 20 April 1936, will be remitted conditionally if they apply to:
1. Punishable acts against the law concerning treacherous attacks against the State and Party and for the protection of the party uniforms of 20 Dec. 1934 (Reichsgesetzblatt I, page 1269) with exception of offences against section 3 and section 5, chapter 1—as well as punishable acts against section 134 a and b and section 130 of the penal code.
2. Insults against the Fuehrer and Reichs Chancellor and other leading personalities of the state or the NSDAP, as well as other insults or physical injuries resulting from political arguments (sections 223, 223a of the penal code), and punishable remarks of dissatisfaction according to section 360 No. 11 of the penal code.
2. The same applies to punishable acts against section 330a of the penal code dealing with punishable acts as described in section 1 No. 1 and 2.
3. The fine will be remitted under the condition that the perpetrator does not commit a crime or a deliberate offence for a period of 3 years following the granting of the conditional amnesty.
Par. 4
The Reichsminister of Justice will issue the necessary regulations for the execution of this law.
Par. 5
The law goes into effect on the day following the publication. Berlin 23 April 1936
The Fuehrer and Reich ChancellorAdolf HitlerThe Reich Minister of JusticeDr. Guertner
TRANSLATION OF DOCUMENT 1388-PS
1933 REICHSGESETZBLATT, PART I, PAGE 479
Law concerning confiscation of Property subversive to People and State of 14 July 1933
Law concerning confiscation of Property subversive to People and State of 14 July 1933
The Reich Government has enacted the following law which is hereby promulgated:
The provisions of the Law confiscating Communist Property of 26 May 1933 (RGBl I, 293) are applicable to assets and interests of the Social Democratic Party of Germany and their welfare and affiliated organizations and also to assets and interests which are used or destined to promote Marxist or other activities found by the Reich Minister of the Interior to be subversive to people and state.
Berlin, 14 July 1933The Reich ChancellorAdolf HitlerThe Reich Minister of the InteriorFrick
TRANSLATION OF DOCUMENT 1388-A-PS
1933 REICHSGESETZBLATT, PART I, PAGE 479Law Against the New Establishment of Parties July 14, 1933
The German Government has enacted the following law, which is herewith promulgated:
Art. 1
The National Socialist German Worker's Party [Nationalsozialistische Deutsche Arbeiterpartei] constitutes the only political party in Germany.
Art. 2
Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations.
Berlin, den 14 Juli, 1933.The Reich ChancellorAdolf HitlerThe Reich Minister of the InteriorFrickThe Reich Minister of JusticeDr. Guertner
TRANSLATION OF DOCUMENT 1389-PS
1935 REICHSGESETZBLATT, PART I, PAGE 769Law creating Reich Labor Service of 26 June 1935
The Reich Government has decided to enact the following law which is hereby made public:
Chapter I
Labor Service of the Reich
Article 1
1. The Reich Labor Service is a service of honor for the German people.
2. It is the duty of all young Germans of both sexes to serve their nation within the Reich Labor Service.
3. It is the task of the Reich Labor Service to educate the German youth in the spirit of National Socialism for the community of the nation and the true conception of labor, particularly to inspire them with the necessary respect for manual labor.
4. The purpose of the Reich Labor Service is the execution of work for the common benefit.
Article 2
1. The Reich Labor Service is subordinated to the Reich Ministry of the Interior. The Reich Labor leader rules under its jurisdiction over the Reich Labor Service.
2. The Reich Labor leader is at the head of the Reichsleitung of the Labor Service. He dictates its organization, decides about the mobilization of labor and directs training and education.
Chapter II
The Labor Service Duty of the Male Youth
Article 3
1. The Fuehrer and Reich Chancellor determines the number of the eligible recruits for every year and decides about the length of service.
2. The service starts at the minimum completed age of 18 and ends with the maximum completed age of 25.
3. As a rule, the eligible recruits will be called for labor duty in the year of completion of their 19th year.
4. Voluntary admission at an earlier age is possible.
5. Prison terms of more than 30 days will have to be made up for by the recruits and volunteers of the Reich Labor Service, if their offense does not make necessary their dismissal from the Reich Labor Service, according to Article 16.
Article 4
The eligible recruits for labor will be conscripted by the "Ersatzdienststellen of the Reich Labor Service."
Article 5
1. The following are excluded from the Reich Labor Service:
a. ex-convicts,b. who is not in possession of the civic rights,c. who comes under the regulations of security and correction according to Article 42a of the penal code,d. who has been expelled from the National Socialist Party because of dishonorable activities,e. who has been condemned by the court because of activities against the State.
a. ex-convicts,
b. who is not in possession of the civic rights,
c. who comes under the regulations of security and correction according to Article 42a of the penal code,
d. who has been expelled from the National Socialist Party because of dishonorable activities,
e. who has been condemned by the court because of activities against the State.
2. The Reich Minister of the Interior can make exceptions concerning Part 1, letters c and e.
3. Labor Service recruits who have been declared unworthy to occupy public offices can only be called, after the time of the loss of that honor, determined by the verdict, has elapsed.
Article 6
1. Persons who are completely unfit for labor service will not be conscripted for same.
2. Labor Service recruits residing abroad or intending to go abroad can be exempted from the fulfillment of labor service for up to two years, in exceptional cases even permanently, but in any case only as long as they stay abroad.
Article 7
1. Not eligible for labor service are persons of non-aryan descent or who are married to a person of non-aryan descent. The ruling of the Reich Minister of the Interior as in Article 1, part 3 of the Reich Law for Civil Servants, dated 8 August 1933 (RGBl I, 575), determines who is to be considered of non-aryan descent.
2. Non-aryans who have been declared worthy for armed service [wehrwuerdig] according to Article 15, part 2 of the Armed Service Law [Wehrgesetz] can also be accepted for labor service. They cannot occupy superior positions in the labor service, though.
Article 8
Eligible labor recruits can be deferred from labor service for up to 2 years, in the case of vital professional reasons up to 5 years.
Chapter III
The Labor Service Duties of the Female Youth
Article 9
The rules concerning the labor service of the female youth will be a matter of special legislation.
Chapter IV
Duties and Privileges of the Members of the Reich Labor Service
Article 10
1. The following are members of the Reich labor service:
a. The cadre,
b. The conscripted recruits,
c. The labor service volunteers,
2. People can be hired by contract for certain functions of the interior service.
Article 11
1. The cadre consist of the leaders and office holders according to plan (T.O.) as well as the candidates for these offices. The regular leaders and office holders work for the Reich Labor Service on a professional basis.
2. The leader candidate has to sign up for at least ten years of continuous service and must prove his aryan descent, before he can be promoted to a regular leader [Truppfuehrer-sergeant]. He must also have accomplished his military service.
3. Regular leaders and office holders must absolutely resign at a certain age limit.
4. Civil servants of other administrations who are transferred to the Reich Labor Service retain their claim concerning their financial privileges which they acquired prior to their transfer.
5. The Fuehrer and Reich Chancellor nominates and dismisses the members of the Reich Labor Service from the rank of major [Arbeitsfuehrer] and up. The other members of the Reich Labor Service are nominated and dismissed by the Reich Minister of the Interior on the proposal of the Reich Labor Leader [Reichsarbeitsfuehrer]. He can confer this authority onto the Reichsarbeitsfuehrer.
Article 12
1. A regular Fuehrer or office holder can be dismissed from the service in any of these instances:
a. in justified cases on his own request,
b. if he does not possess any more the necessary physical and mental capacities to carry on in his job, and if the recovery of these capacities cannot be expected within a year, according to a certificate of a doctor of the labor service.
c. if his superior decides that he does not possess the necessary qualifications any more to carry on in his office.
2. Subsequent discovery of reasons for inadmissibility to the Reich Labor Service according to Articles 5 and 7 will result in immediate dismissal.
3. The intention of dismissal is, in the cases of part 1, letters b and c, to be made known 3 months in advance to the members of the cadre with more than 5 years of service and 1 month for the other members, with the motivation of dismissal. No previous notification of dismissals are necessary in all other cases.
Article 13
The membership of the Reich Labor Service lasts from the day of admission or conscription [Gestellungstag] until the end of the day of discharge.
Article 14
Membership of the Reich Labor Service does not constitute a work and service relationship in the sense of labor rights and social security as put down in Article 11.
Article 15
The members of the Reich Labor Service come under the penal regulations of the Reich Labor Service.
Article 16
1. Labor service recruits and volunteers can be released before the end of their term in the following cases:
a. on their request, if a reason for deferment, according to Article 8 came into existence after induction.
b. if they are no longer in the possession of the physical or mental capacities necessary for the performance of the service.
2. A premature dismissal of labor service recruits and volunteers must be ordered in the case of subsequent discovery of reasons for inadmissibility to the Reich Labor Service according to Articles 5 or 7.
Article 17
1. Members of the Reich Labor Service who belong to the National Socialist Party, cannot participate in the activities of the Party or its sub-divisions.
2. In order to acquire and to exercise membership of any kind of organization as well as in order to form any kind of organization within or without the Reich Labor Service, the members of the Reich Labor Service must first obtain the authorization of the Reich Labor Service. The acquisition of membership of the National Socialist Party does not necessitate an authorization.
Article 18
The members of the Reich Labor Service must obtain an authorization in order to get married.
Article 19
The members of the Reich Labor Service must obtain an authorization in order to carry on a trade, for themselves and the members of their household, as well as in order to accept a paid, supplementary occupation.
Article 20
1. The members of the Reich Labor Service can refuse the position of a guardian, trustee, foster-father and supporter as well as any honorary occupation in the service of the Reich, country, community or the party.
2. An authorization is necessary for the acceptance of such a function. It can only be refused in vital cases.
Article 21
Members of the Reich Labor Service are entitled to free medical treatment and care in the case of sickness and accidents, according to special regulations.
Article 22
The salaries of the members of the Reich Labor Service are handled by the wage regulations of the Reich Labor Service.
Article 23
1. Financial claims resulting from the participation in the Reich Labor Service come under the regulations applicable to civil servants of the Reich. The highest authority in the spirit of these regulations is the Reich Labor Leader.
2. The decisions of the Reich Labor Service concerning the induction (Articles 5, 6, 7), deferment (Article 8) and dismissal (Articles 12 and 16) are binding for the courts. The same applies to decisions about temporary relief of duty.
Article 24
The protection of the incapacitated in performance of the service and the personnel release after at least ten years of service and their survivors is regulated by the Reich Labor Protection Law [Reichsarbeitsdienstversorgungsgesetz].
Article 25
1. The Fuehrer and Reich Chancellor or his appointed representative office can authorize the departing members of the Reich Labor Service to wear the Reich Labor Service uniform until further notice.
2. This privilege is ordinarily only granted after at least 10 years of honorable service.
Chapter V
Final Instructions
Article 26
The legal and administrative regulations necessary for the execution and completion of this law will be issued by the Reich Minister of the Interior.
Article 27
1. This law becomes effective the day of its publication.
2. The Reich Minister of the Interior is authorized to determine at a later date for the effectiveness of various regulations of this law.
Berlin, 26 June 1935The Fuehrer and Reich ChancellorAdolf HitlerThe Reich Minister of the InteriorFrick
TRANSLATION OF DOCUMENT 1390-PS
1933 REICHSGESETZBLATT, PART I, PAGE 83
Decree of the Reich President for the Protection of the People and State of 28 February 1933
Decree of the Reich President for the Protection of the People and State of 28 February 1933
In virtue of Section 48 (2) of the German constitution, the following is decreed as a defensive measure against Communist acts of violence, endangering the state:
Article 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Article 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Article 3
According to orders decreed on the basis of Article 2, by the Reich Government, the authorities of states and provinces [Gemeindeverbaende], if concerned, have to abide thereby.
Article 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to them for the execution of this decree, or the orders given by the Reich Government according to Article 2, is punishable—insofar as the deed is not covered by other decrees with more severe punishments—with imprisonment of not less than one month, or with a fine from 150 up to 15,000 Reichsmarks.
Whoever endangers human life by violating Article 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less than two years. In addition the sentence may include confiscation of property.
Whoever provokes or incites to an act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Article 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (properties), 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal Code with the intention of making use of the kidnapped person as a hostage in the political struggle.
Article 6
This decree enters in force on the day of its promulgation. Berlin, 28 February 1933.
The Reich Presidentvon HindenburgThe Reich ChancellorAdolf HitlerThe Reich Minister of the InteriorFrickThe Reich Minister of JusticeDr. Guertner
TRANSLATION OF DOCUMENT 1391-PS
1934 REICHSGESETZBLATT, PAGES 605-607, 12 July 1934.
1934 REICHSGESETZBLATT, PAGES 605-607, 12 July 1934.
Statute of the Academy for German law.
Par. 1
It is the task of the Academy for German Law to further the rejuvenation of the Law in Germany. Closely connected with the agencies competent for legislation, it shall further the realization of the National Socialist Program in the realm of the Law. This task shall be carried out through well-fixed scientific methods.
The academy's task shall cover primarily:
1. The composition, the initiation, judging and preparing of drafts of law.
2. The collaboration in rejuvenating and unifying the training in jurisprudence and political science.
3. The editing and supporting of scientific publications.
4. The financial assistance for research and work in specific fields of Law and Political Economy.
5. The organization of scientific meetings and the organization of courses.
6. The cultivation of connections to similar institutions in foreign countries.
Par. 2
For the execution of its task, the Academy may set up special committees handling particular cases. These committees shall have as members outstanding specialists in jurisprudence and practice of the Law as well as experts in Economic Affairs. As a rule, a respectable member of the Academy, shall be the chairman of Committees. The President of the academy shall receive reports on the results of the work done by the committees.
Par. 3
The organs of the Academy are:
1. The President,
2. The Board of Directors.
Par. 4
In addition to the responsibilities fixed by the Law, the President shall have to carry out the following duties.
1. The internal control of the Academy particularly the fixing and distribution of the various duties and the forming of committees and the appointment of the chairman and members of the committees.
2. The draft of the budget of the Academy, the rendering of the account and the administration of the property.
3. The nomination and the dismissal of members.
4. The appointment of his deputy, of the members of the Board of Directors and of the Treasurer—all from among the members of the Academy.
5. The changing of the statutes.
In case the President is unable to carry out his duties, they will be carried out by his deputy.
A change of the statutes and the nomination of the President's deputy requires the confirmation of the competent Ministers of the Reich. As for the draft of the budget, and the rendering of the account, the provisions contained in Art. 9 to 12 shall be applied.
Par. 5
The Board of Directors shall support and advise the President; it shall discuss the budget and make a preliminary examination of the rendering of the account.
Par. 6
The academy consists of:
1. ordinary,
2. extraordinary,
3. supporting,
4. corresponding members.
Par. 7
Members are nominated for a term of 4 years. The number of ordinary members is not to exceed 300.
The ordinary members are compelled to participate in the meetings of the Academy and, according to rules set forth by the President, to cooperate in accomplishing the goal of the Academy.
Par. 8
The financial administration of the Academy will be handled by the treasurer. Current administrative matters will be handled by a director who will have a contract with the Academy.
Par. 9
It shall be up to the President to plan the budget before the beginning of each fiscal year [Rechnungsjahr]. This draft shall show and adjust all receipts and expenditures to be expected during the fiscal year—separated according to purpose and valuation. Only those expenditures are authorized which, after careful verification, are necessary for the completion of the tasks which the Academy is to fulfill according to Law or Statute.
Before being put into effect, the budget-plan shall be discussed by the Board of Directors.
Par. 10
The consent of the competent Ministers of the Reich is required for the budget plan. The Reich Minister of Justice shall receive it at a date set forth by him but not later than one month before the beginning of the new fiscal year.
Par. 11
The President shall have to account for all receipts and expenditures at the end of the fiscal year. This account shall be checked by the Board of Directors and passed on by it, with adequate comments, to the Reich Minister of Justice.
Par. 12
As for the drafting and execution of the budget, for financial administration and for bookkeeping as well as for the accounting, auditing and certification of accounting, the regulations of the Reich budget apply.
TRANSLATION OF DOCUMENT 1392-PS
1936 REICHSGESETZBLATT, PART I, PAGE 933Law on the Hitler Youth 1 December 1936
The future of the German Nation depends on its youth, and the German youth shall have to be prepared for its future duties.
Therefore the Government of the Reich has prepared the following law which is being published herewith:
Art. 1
All of the German youth in the Reich is organized within the Hitler-Youth.
Art. 2
The German Youth besides being reared within the family and school, shall be educated physically, intellectually, and morally in the spirit of National Socialism to serve the people and community, through the Hitler Youth.
Art. 3
The task of educating the German Youth through the Hitler Youth is being entrusted to the Reichs-Leader of German Youth in the NSDAP. He is the "Youth Leader of the German Reich". The position of his office is that of a higher governmental Agency with its seat in Berlin, and is directly responsible to the Fuehrer and Chancellor of the Reich.
Art. 4
All regulations necessary for the executions and completion of this law will be issued by the Fuehrer Chancellor of the Reich.
Berlin, 1 December 1936The Fuehrer and Chancellor of the ReichAdolph HitlerThe Secretary of State and Chiefof the ReichchancelleryDr. Lammers
TRANSLATION OF DOCUMENT 1393-PS
1934 REICHSGESETZBLATT, PART I, PAGE 1269
Law on treacherous Acts against State and Party, and for The Protection of Party Uniforms of 20 December 1934
Law on treacherous Acts against State and Party, and for The Protection of Party Uniforms of 20 December 1934
The Government of the Reich has decided to enact the following law, which is published herewith:
Chapter I
Article 1
1. Unless heavier punishment is sanctioned under the authority of a law previously established, imprisonment not to exceed two years shall be imposed upon anybody deliberately making false or grievous statements, fit to injure the welfare or the prestige of the government of the Reich, the National Socialist Workers Party or its agencies. If such statements are made or circulated in public, imprisonment for not less than 3 months shall be imposed.
2. Anyone committing the offense insolently and carelessly shall be punished with imprisonment not to exceed 3 months or with a fine.
3. If the offense is directed solely against the prestige of the NSDAP or its affiliated agencies, the offender shall be prosecuted only with the consent of the Fuehrer's deputy or of agencies authorized by him to initiate the prosecution.
Article 2
1. Anyone who makes or circulates statements proving a malicious, baiting or low-minded attitude towards leading personalities of the State or the NSDAP, or towards orders issued by them or towards institutions created by them—fit to undermine the confidence of the people in its political leadership—shall be punished with imprisonment.
2. Statements of this kind which are not made in public shall warrant the same punishment—provided the offender figures on his statements being eventually circulated in public.
3. The offender shall be prosecuted only by the order of the Reich Minister for Justice; in case the offense was committed against a leading personality of the NSDAP, the Reich Minister for Justice shall issue the order in agreement with the Fuehrer's Deputy.
4. The Reich Minister for Justice in agreement with the Fuehrer's Deputy shall determine who is to be regarded as a leading personality as specified in (1).
Article 3
1. Anyone who commits or threatens to commit a punishable act, or who is wearing the uniform or an insignia of the NSDAP, or carries it on his person without being a member of the NSDAP or its affiliated agencies and therefore being entitled to do so, will be punished with forced labor or in minor instances with imprisonment not to exceed 6 months.
2. Anyone who commits the offense with the intention to stir up unrest or to sow fear or terror in the population, or to create difficulties for the German Reich with a foreign power, shall be punished with forced labor not to exceed 3 years or with forced labor for life or in particularly grave cases with death.
3. According to this law, a German national may be punished also if he has committed the offense in a foreign country.
Article 4
1. Anyone who for the sake of a material advantage or for political ends poses as a member of the NSDAP or its agencies, shall be punished with imprisonment not to exceed 1 year plus a fine or either one.
2. The offender shall be prosecuted only in agreement with the Fuehrer or with those authorized by him.
Article 5
1. Anyone who manufactures, holds in stock, sells or otherwise brings on the market Party uniforms, parts of Party uniforms, textiles, flags or insignias of the NSDAP, its affiliated agencies or organizations, without the permission of the treasurer of the Reich, shall be punished with imprisonment not to exceed 2 years.
2. Anyone who has in his possession Party uniforms and insignias without being a member of the NSDAP or its affiliated organizations, or without being entitled to possess them for any other reason, shall be punished with imprisonment not to exceed 1 year. Anyone who wears any of the above mentioned items, shall be punished with imprisonment not to exceed 1 month.
3. To be put on a par with Party uniforms, parts of Party uniforms and insignia are those uniforms, parts of uniforms and insignias which can easily be confused with them.
4. The uniforms, parts of uniforms, textiles, flags or insignias in question shall be confiscated. In case no particular person can be prosecuted or condemned, the confiscation shall take place all the same—provided conditions justify it.
5. The confiscated items shall be turned over to the Reich Treasurer of the NSDAP or to those agencies appointed by him, for future use.
6. The prosecution of the offense and the confiscation (#4, section 2) can only be undertaken in agreement with the Fuehrer's Deputy or agencies authorized by him to handle this matter.
Article 6
According to the rules set forth in this law, anyone who has obtained membership of the Party through false pretenses is not a member of the NSDAP, its affiliated agencies or organizations.
Article 7
The Fuehrer's Deputy, in agreement with the Reich Minister for Justice and of the Interior, shall issue the necessary regulations for the execution and completion of Articles 1 to 6.
Chapter II
Article 8
1. The regulations set forth in this law, with the exception of Article 5 (1) apply accordingly to the "Reichsluftschutzbund", the "Deutschen Luftportverband", in agreement with the Reich Minister for Air, and by the Minister of the Interior for the Voluntary Labor Service and the "Technische Nothilfe".
Chapter III
Article 9
Article 5 (1) will become valid on 1 February 1935. The other rules set forth in this law will become valid one day after their publication; the law on treacherous acts against the Government of the National Revolution from 21 March 1933 (RGBl I, page 135) as well as article 4 of the law on the "Reichsluftfahrtverwaltung" from 15 December 1933 (RGBl I, page 1077) are obsolete.
Berlin, 20 December 1934The Fuehrer and Reich ChancellorAdolf HitlerThe Reich Minister for JusticeDr. GuertnerThe Fuehrer's Deputy and Minister without portfolioR. HessThe Minister of the InteriorFrickalso for the Reich Minister for Air
TRANSLATION OF DOCUMENT 1394-PS