1933 REICHSGESETZBLATT, PAGE 723, Art. 1-3, 13 October 1933Law to guarantee Public Peace
1933 REICHSGESETZBLATT, PAGE 723, Art. 1-3, 13 October 1933
Law to guarantee Public Peace
The Reich Government passed the following law, which is published herewith:
Art. 1
1. With death or, as far as a more severe punishment is not provided, with a life-term in the house of correction or with up to fifteen years in the house of correction will be punished:
1. Whoever undertakes to kill a judge or a public prosecutor or an official, entrusted with tasks of the political, criminal, railroad, forest-custom-protective or security police, or a member of the Armed Forces or of the Storm columns (inclusive Stahlhelm) or of the Schutzstaffeln of the NSDAP, a (trustee) agent of the NSDAP, or a member of the German Air-Sport organization, out of political motives or on account of their official activity, or whoever incites to such a killing, whoever volunteers or accepts such an offer, or whoever agrees on such a killing with another person;2. Whoever undertakes to kill a magistrate or juryman on account of his activity as magistrate or juryman, or a witness or an expert on account of testimony given in fulfillment of his duty as witness or expert, or whoever invites to such a killing, whoever volunteers, accepts such an offer, or whoever agrees on such a killing with another;3. Whoever produces, circulates or for the purpose of circulation holds in readiness abroad printed matter in which the facts of high treason are substantiated (Art. 81 to 86 Criminal Code), or otherwise commits the crime of High-treason;4. Whoever undertakes to import printed matter, as mentioned in No. 3, knowing of its high treasonable contents, for distribution at home, or who distributes such printed matter, after its import; or who furthers at home a crime of high treason, committed abroad.
1. Whoever undertakes to kill a judge or a public prosecutor or an official, entrusted with tasks of the political, criminal, railroad, forest-custom-protective or security police, or a member of the Armed Forces or of the Storm columns (inclusive Stahlhelm) or of the Schutzstaffeln of the NSDAP, a (trustee) agent of the NSDAP, or a member of the German Air-Sport organization, out of political motives or on account of their official activity, or whoever incites to such a killing, whoever volunteers or accepts such an offer, or whoever agrees on such a killing with another person;
2. Whoever undertakes to kill a magistrate or juryman on account of his activity as magistrate or juryman, or a witness or an expert on account of testimony given in fulfillment of his duty as witness or expert, or whoever invites to such a killing, whoever volunteers, accepts such an offer, or whoever agrees on such a killing with another;
3. Whoever produces, circulates or for the purpose of circulation holds in readiness abroad printed matter in which the facts of high treason are substantiated (Art. 81 to 86 Criminal Code), or otherwise commits the crime of High-treason;
4. Whoever undertakes to import printed matter, as mentioned in No. 3, knowing of its high treasonable contents, for distribution at home, or who distributes such printed matter, after its import; or who furthers at home a crime of high treason, committed abroad.
2. The regulations in Art. 86a Criminal Code about confiscation and rendering useless will be employed accordingly.
Art. 2
With house of correction up to five years will be punished whoever undertakes to import printed matter with intention of distributing it for purposes endangering the country, in which are substantiated the facts:
1. of a punishable crime in accordance with the law forbidding the (new) organization of parties of 14 July 1933 (Reich Law-Publication I, page 479) or
2. of a punishable invitation or provocation according to Art. 110 to 112 Criminal Code or
3. of a punishable untrue report, in accordance with Art. 3 of the Reich President's decree to prevent treacherous attacks against the government of the national revolution of 21 March 1933 (RGBl. I, page 135).
Art. 3
For the crimes mentioned in Art. 1 and 2, the special courts, established according to the decree of the Reich government of 1 March 1933 (RGBL I, p. 136) are competent; insofar as the competence of the Supreme Court Reich court and the court of appeals [Oberlandesgericht] is not proven.
TRANSLATION OF DOCUMENT 1395-PS
1933 REICHSGESETZBLATT, PART I, PAGE 1016, 1 Dec. 1933Law to secure the unity of Party and State, 1 Dec. 1933
The Reich government has decided on the following law which is announced herewith:
Par. 1
1. After the victory of the National Socialist revolution, the National Socialist German Labor Party is the bearer of the concept of the German State and is inseparable from the state.
2. It is a corporation in public law. Its organization will be determined by the Fuehrer.
Par. 2
The deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich government in order to insure close cooperation of the offices of the party and SA with the public authorities.
Par. 3
The members of the National Socialistic German Labor Party and the SA (including their subordinate organizations), as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, people and state.
2. In case they violate these duties, they will be subject to special jurisdiction by party and state.
3. The Fuehrer may extend these regulations in order to include members of other organizations.
Par. 4
Every action or neglect on the part of members of the SA (including their subordinate organization) attacking or endangering the existence, organization, activity or reputation of the National Socialistic German Labor Party, in particular any infraction against discipline and order, will be regarded as a violation of duty.
Par. 5
Custody and arrest may be inflicted in addition to the usual penalties.
Par. 6
The public authorities have to grant legal and administrative assistance to the officers of the Party and the SA which are entrusted with the execution of the jurisdiction of the Party and SA.
Par. 7
The law regarding the authority to inflict penalties on members of the SA and SS, of the 28 April 1933 (RGBl p. 230) will be invalidated.
Art. 8
The Reich Chancellor, as Fuehrer of the National Socialistic German Labor Party and as the supreme commander of SA will issue the regulation necessary for the execution and augmentation of this law, particularly with respect to the organization and procedure of the jurisdiction of the Party and SA. He will determine the time at which the regulations concerning this jurisdiction will be effective.
Berlin, 1 Dec. 1933Reichs ChancellorAdolf HitlerThe Reichs Minister of the InteriorFrick
TRANSLATION OF DOCUMENT 1396-PS
1933 REICHSGESETZBLATT, PART I, PAGE 293Law concerning the confiscation of Communist property of 26 May 1933
1933 REICHSGESETZBLATT, PART I, PAGE 293
Law concerning the confiscation of Communist property of 26 May 1933
In order to prevent for all times property in the service of communist activities to be used subversively to the State, the Reich Government has enacted the following law, which is hereby promulgated.
Section 1
1. The highest provincial authorities [obersten Landesbehoerden] or offices designated by them may confiscate on behalf of the province, assets and interests of the Communist Party of Germany and their welfare and affiliated organizations [Hilfs- und Ersatzorganisationen] and also assets and interests used or destined for the promotion of communistic activities.
2. The Reich Minister of the Interior may request the highest provincial authorities to take measures under (1).
Section 2
Section 1 is not applicable to assets which have been rented or delivered under reservation of ownership rights, unless the lessor or the deliverer intended to promote communistic activity by the surrender of property.
Section 3
Interests in confiscated assets shall become extinct. However, existing rights in land are not affected by the confiscation of real property; the confiscating authorities may declare such right extinct, where the payment of proceeds can be considered as an intention to promote communistic activities.
Section 4
In order to prevent hardships, creditors affected by the confiscation may be satisfied from proceeds of the confiscated assets.
Section 5
Where measures, according to the spirit of Sections 1 and 3 were taken, prior to the effective date of this law, they may be ratified by the authorized office under Section 1, pursuant to the provision of this law.
Section 6
Measures under Sections 1, 3 and 5 become effective upon delivery of the order to the affected party upon the promulgation of the order.
Section 7
No compensation is granted for measures taken under Sections 1, 3 and 5.
Section 8
The Reichs Minister of the Interior is authorized to issue legal and administrative regulations for the administration and enforcement of this law.
Berlin 26 May 1933The Reich ChancellorAdolf HitlerThe Reich Minister of the InteriorFrick
TRANSLATION OF DOCUMENT 1397-PS
1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.Law for the Reestablishment of the Professional Civil Service 7 April 1933
1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.
Law for the Reestablishment of the Professional Civil Service 7 April 1933
The Reichsgovernment has enacted the following law, which is hereby proclaimed:
Art. 1
1. For the reestablishment of a national professional civil service and for the simplification of administration, officials may be discharged from office according to the following regulations, even when the necessary conditions according to the appropriate law do not exist.
2. Officials, as used in this law, means immediate [unmittelbare] and mediate [mittlebare] officials of the Reich, immediate and mediate officials of the federal states [Laender], officials of communes [Gemeinde] and communal associations, officials of public legal corporations as well as institutions and undertakings placed upon the same status as these public legal corporations (Third decree of the Reichspresident for the safeguarding of business and finance of 6 October 1931-RGBl. I P. 537, 3rd part, Chapter V, Section I, Art. 15, subparagraph 1). The stipulations apply also to employees of agencies supplying social insurance, who have the rights and duties of officials.
3. Officials as used in this law also includes officials in temporary retirement.
4. The Reichsbank and the German State Railway Co. are empowered to make corresponding regulations.
Art. 2
1. Officials who since 9 November 1918 have attained the status of officials without possessing the required or usual preparation or other qualifications are to be dismissed from service. Their former salaries will be accorded them for a period of 3 months after their dismissal.
2. A right to waiting allowances, pensions, or survivors pension and to the continuance of the official designation, the title, the official uniform and the official insignia is not possessed by them.
3. In case of need a pension, revocable at any time, equivalent to a third of the usual base pay of the last position held by them may be granted them, especially when they are caring for dependent relatives; reinsurance according to the provisions of the Reich's social insurance law will not take place.
4. The stipulations of Section 2 and 3 will receive corresponding application in the case of persons of the type designated in Sec. 1, who already before this law became effective had been retired.
Art. 3
1. Officials, who are of non-aryan descent, are to be retired; insofar as honorary officials are concerned, they are to be removed from official status.
2. Section 1 is not in effect for officials who were already officials since 1 August 1914, or who fought during the World War at the front for the German Reichs or who fought for its allies or whose fathers or sons were killed in the World War. The Reichsminister of the Interior can permit further exceptions in understanding with the appropriate special minister or the highest authorities of the federal states in the case of officials abroad.
Art. 4
Officials, whose former political activity does not offer a guarantee that they at all times without reservation act in the interest of the national state can be dismissed from service. For a period of 3 months after dismissal they are accorded their former salary. From this time on they receive 3/4 of their pension and corresponding survivor's benefits.
Art. 5
1. Every official must allow himself to be transferred to another office of the same or equivalent career, even into such a one having less rank or regular salary—reimbursement for the prescribed costs of transfer taking place, if the needs of the service require it. In case of transferment to an office of lower rank and regular salary the official retains his previous official title and the official income of his former position.
2. The official can, in place of transfer to an office of lesser rank and regular income (section 11) demand to be retired.
Art. 6
For the simplification of administration officials can be retired, even if they are not yet unfit for service. If officials are retired for this reason, their places may not be filled again.
Art. 7
1. Dismissal from office, transfer to another office and retirement will be ordered by the highest Reichs or federal state agency which will render final decision without right of appeal.
2. The dispositions according to Art 2 to 6 must be made known at the latest by 30 Sept 1933 to those affected. The time can be shortened by agreement with the Reichsminister of the Interior, if the appropriate Reichs or federal state agency declares that the measures authorized in this law have been carried out.
Art. 8
A pension will not be granted to the officials dismissed or retired in accordance with Art 3 and 4, if they have not completed a term of service of at least 10 years; this applies also in the cases in which according to the existing stipulation a pension is already accorded after a shorter term of service. Articles 36, 47 and 49 of the Reichs officials' law, the law of 4 July 1921 on increased computation of time in service accomplished during the war (RGBl p. 825) and the corresponding provisions of federal state laws remained unchanged.
Art. 9
1. In the calculation of length of service valid for pension purposes, excepting time of service accrued in their last employment, only a term served in the Reichs, Federal State, or communal service according to the existing regulations may be credited to officials dismissed or retired according to Articles 3 and 4. Also accrediting of this length of service is only permissible, if it bears some relationship in preparation or career to the position last held; such a relationship of lower career to a higher one is to be regarded as an orderly promotion. If the official would have obtained a higher pension by the addition of later years of service to time served in an earlier position regularly obtained by qualifications and preparation, the ruling more favorable to him takes precedence.
2. The implementative regulations govern the calculation of time served with public corporations and with institutions and undertakings placed upon the same basis as these public corporations.
3. Accreditation and certification of time served valid for pension purposes, which conflict with the carrying out of the provisions of Section 1, are nullified.
4. In the case of officials of the Reich and of public corporations, institutions, and agencies under the supervision of the Reich, the Reichsminister of the Interior in agreement with the Reichsminister of Finance can mitigate hardships; the highest federal state authorities can do the same in the case of other officials.
5. Sections 1 to 4 as well as Article 8 will also be applied to such officials who already, before this law came into effect, were retired either permanently or temporarily upon whom Articles 2 to 4 would have been applied if the officials had been still in service at the time this law came into effect. The new accrediting of time of service valid in the calculation of pensions and the accrediting of pensions and of waiting allowances must, at the latest, take place on 30 Sept 1933 with effect as of 1 Oct 1933.
Art. 10
1. Guiding principles, which are established for the amount of pay for officials will be based upon the calculation of service remunerations and pension. In case decisions by the competent authorities on the applying of the guiding principles do not yet exist, they are to be issued without delay.
2. After decisions by the competent authorities concerning the application of the guiding principle have been made, if officials are found to have received higher remunerations than are due them according to the decisions, they then have to reimburse the surplus amounts received since 1 April 1932 at the pay office where the payments were given out. The argument of no longer existing enrichment (Articles 812vBGB and subs) is excluded.
3. Subsections 1 and 2 are valid also for persons who have been retired inside of one year before this law became effective.
Art. 11.
1. If, in the accrediting of pay-seniority of officials who leave the service on account of Articles 3 and 4, employment outside of the Reichs, Federal State, or communal service has been calculated, then the pay-seniority is to be newly calculated. Therein only an employment in the Reichs, Federal State, or communal service, or according to the implementative regulations, in the service of public corporations and institutions and undertakings equivalent to the former may be accredited. Exceptions can be permitted by the Reichsminister of the Interior in agreement with the Reichsminister of Finance for Reichs officials; for other officials, by the highest federal state authorities.
2. If a new accrediting of pay-seniority according to Section 1 comes into consideration, then in the case of officials retired or dismissed according to Articles 3 and 4, the new determination of pay-seniority will be carried out in conjunction with the determination of the pension amount.
3. The same is valid for the persons named in Article 9, Section 5.
Art. 12.
1. The salaries of Reichsministers appointed since 9 Nov 1918, which are not calculated according to the provisions of Articles 16 to 24 of the Reichsminister law of 27 March 1930 (RGBl I P. 96) are to be newly calculated. In the new calculation, the above-mentioned provisions of the Reichsminister law are to be applied as if they had been already in effect at the time of the Reichsminister's dismissal from office. According to this law, excess payments received since 1 April 1933 are to be paid back. The argument of no longer existing enrichment (Article 812 and subs BGB) is inadmissible.
2. Section 1 will receive application upon the members of the federal state government appointed since 9 Nov 1918 with the provision that in place of the Reichsminister law the corresponding provisions of the federal state law will be in effect; however, payments may only be made to the amount which results from the application of the fundamental principles of Articles 16 to 24 of the Reichsminister law.
3. The new calculation of payments must take place before 31 December 1933.
4. Retroactive payments will not take place.
Art. 13.
The survivors payments will be calculated with corresponding application of Articles 8 to 12.
Art. 14.
1. Against the officials who have been dismissed or transferred upon the authority of this law, the institution of civil service punishment proceedings on account of misdemeanors committed while in office with the object of cancellation of pension, survivors benefits, designation of office, title, official uniform and insignia. The institution of the proceedings must take place on 31 December 1933 at the latest.
2. Section 1 is also valid for persons who within one year of the date that this law becomes effective have been retired and upon whom the Articles 2 and 4 would have been applied, if these persons had still been in service when this law came into effect.
Art. 15.
The provisions concerning officials will be applied in an appropriate manner to employees and workers. The implementative regulations govern detailed application.
Art. 16.
If unreasonable hardships occur in the carrying out of this law, then higher payments or transition money may be granted in accordance with the general regulations. The decisions in this matter will be made by the Reichsminister of the Interior in agreement with the Reichsminister of Finance in the case of Reichs officials, in other cases by the highest federal state authorities.
Art. 17.
1. The Reichsminister of the interior will issue in agreement with the Reichsminister of Finance, the necessary regulations for the execution and carrying through of this law and the general administrative provisions.
2. If necessary the highest federal state authorities will issue supplementary regulations. In this matter they must confine themselves to the framework of the Reichs regulations.
Art. 18.
With the expiration of the periods established in this law, the general provisions valid for the professional civil services will be again completely valid, without prejudice to the measures taken on the basis of this law.
Berlin, 7 April 1933The ReichschancellorAdolf HitlerThe Reichsminister of the InteriorFrickThe Reichsminister of FinanceCount Schwerin von Krosigk
TRANSLATION OF DOCUMENT 1398-PS
1933 REICHSGESETZBLATT, PART I, PAGE 433Law to Supplement the Law for the Restoration of the Professional Civil Service of 20 July 1933
1933 REICHSGESETZBLATT, PART I, PAGE 433
Law to Supplement the Law for the Restoration of the Professional Civil Service of 20 July 1933
The Reich government has enacted the following law, which is hereby promulgated:
The Law for the Restoration of Civil Service from 7 April 1933 (RGBl I, page 175) is supplemented as follows:
1. The following is added to Article 2:
Article 2a
1. Officials, who have belonged to the communist party or to communistic auxiliary or collateral organizations, or otherwise have been active in furthering the aims of Communism, are to be discharged. Discharge is not necessary for (a) officials, who before 30 January 1933 joined a party or an organization, which has placed itself behind the government of the national revolution, and (b) officials, who have distinguished themselves exceptionally in the national movement.
2. Officials, who in the future are active for Marxism (Communism or Social-Democracy) are to be discharged.
3. The following are the bases on which officials are discharged: Sec. 1,—Sec. 2,—Art. 2, Sec. 1, sentence 2—Secs. 2 and 3.
Berchtesgaden, 20 July 1933The Reich ChancellorAdolf HitlerFor the Minister of the Interior:The Reich Minister of FinanceCount Schwerin von KrosigkThe Reich Minister of FinanceCount Schwerin von Krosigk
PARTIAL TRANSLATION OF DOCUMENT 1400-PS
1933 REICHSGESETZBLATT, PART I, PAGE 433Law Changing the Regulations in regard to Public Officers, June 30, 1933
1933 REICHSGESETZBLATT, PART I, PAGE 433
Law Changing the Regulations in regard to Public Officers, June 30, 1933
Chapter 2
Article 1a
1. Only such persons may be appointed Reich officials who possess for their career the prescribed education or customary training or who have special qualifications for the office about to be given, and who guarantee that they will support the Reich at all times without reservation.
2. Women may only be appointed Reich officials for life when they have completed the 35th year.
3. Anyone of non-Aryan descent, or married to a person of non-Aryan descent, may not be appointed a Reich official. Reich officials of Aryan descent who marry a person of non-Aryan descent are to be discharged. The question of who is of non-Aryan descent is to be decided by regulations decreed by the Reich Minister of the Interior.
4. If urgent requirements of the administration so necessitate, the highest Reich officials may make exceptions in individual cases—exceptions from the provisions of (2) with the approval of the Reich Minister of Finance, exceptions from the provisions of (3) with the approval of the Reich Minister of the Interior.
Article 6
1. The provisions are also to be applied to the civil service regulations of the states, local communities, and of the other bodies, institutions, and foundations of public law * * *.
2. The German State Railways, the Reichsbank, the public-legal religious societies, and the confederations are empowered to issue similar regulations.
Chapter 3
Article 7
2. When the economic status of a female official appears to be permanently secured because of a family income, the officials * * * may order a dismissal. The conditions for dismissal are always present when the husband is a permanent official not subject to dismissal.
Chapter 8
Article 40
1. The states and the bodies of public law not supervised by the states are empowered and compelled to lower the incomes of their officials insofar as they are higher than the incomes of Reich officials of equal rank. The Reich ministers and the Reich chancellor are to be considered as Reich officials within the scope of this chapter. Sentence 1 is not applicable to university teachers; for them the special rules of Section 44 apply. Similarly, the Reich Government or the state governments may make different rules in other cases in which the scholarly or artistic significance of an office requires a special evaluation.
2. The local communes, and the other bodies of public law which are under the supervision of the state officials are empowered and obligated to reduce the salaries of their officials, insofar as they are higher than the salaries of state officials, of corresponding rank.
Article 44
1. The state governments are empowered to alter or annul the assurances given to university professors before this chapter became effective. They are not bound hereby to agreements, compromises, legal judgments or arbitration decisions.
Chapter 13
Article 77
1. Insofar as the execution of the provisions of this law requires it, deviations from the Reich constitution and from the state constitutions are permissible.
Berlin, 30 June 1933The ReichschancellorAdolf HitlerThe Reichsminister for FinanceGraf Schwerin von KrosigkThe Reichsminister of the InteriorFrick
TRANSLATION OF DOCUMENT 1401-PS
1933 REICHSGESETZBLATT, PART I, PAGE 188Law Regarding Admission to the Bar, 7 April 1933
The Reich Government has enacted the following law that is promulgated herewith:
Art. 1. The admission of lawyers who, according to the Law for the Restoration of the Professional Civil Service, of April 7, 1933 (RGBl, I 175), are of non-Aryan descent, may be cancelled till September 30, 1933.
The provision of clause 1 does not apply to lawyers already admitted before August 1, 1914, or, who, during the World War fought at the front for Germany, or her allies, or who lost their fathers or sons in the World War.
Art. 2. Persons who, according to the Law for the Restoration of the Professional Civil Service of April 7, 1933 (RGBl. I, p. 175) are of non-Aryan descent, may be refused permission to practice law, even if there exists none of the reasons enumerated in the Regulations for Lawyers. The same rule applies in cases, as where a lawyer described in Section 1, clause 2, wishes to be admitted to another court.
Art. 3. Persons, who were active in the communistic sense are excluded from the admission to the Bar. Admissions already given have to be revoked.
Art. 4. The Justice-Administration can issue an injunction against a lawyer until it is decided, if use will be made of the right to revoke the admission in accordance with Art 1/1, or Art 3. The prescriptions of Art 9/b/2-4 of the Bar regulation (Reichs-Law-Publication 1933, I, page 120) apply accordingly to the injunction against representation.
Against lawyers of that type as described in Art. 1/2 the injunction against representation is only then permissible when the use of Art. 3 is concerned.
Art. 5. To revoke the admission to the Bar is considered an important reason for the cancelling of employment contracts, which were concluded by the lawyer as employer.
Art. 6. In case the admission of a lawyer is revoked in accordance with this law, then for the cancelling of leases of rooms, which were rented by the lawyer for himself or his family, the regulations of the law about the cancelling right of persons concerned by the law for the renovation of professional bureaucracy, 7 April 1933, (RGBl. Part I, page 187) will accordingly be used. The same will apply to employees of lawyers, who lost their job owing to the fact that the admission of the lawyer was revoked or an injunction against representation against him was issued in conformity with Art. 4.
Berlin, 7 April 1933The Reichs-ChancellorAdolf HitlerThe Reichs-Minister for JusticeDr. Guertner
PARTIAL TRANSLATION OF DOCUMENT 1402-PS
1933 REICHSGESETZBLATT, PART I, PAGE 685The Homestead Law, Sept. 29, 1933
The Reich Government desires to maintain the peasantry as the well-spring of the German people by securing the German tradition of ancestral rights.
The Reich Government, therefore, has enacted the following law. The basic thoughts of the law are:
The owner of an hereditary manor is called a peasant.
Only a respectable person who is a German citizen and has German or cognate blood may be a peasant.
Section 12
Only a German citizen can be a peasant.
Section 13
Requirement of German or cognate blood.
(1) Only a person of German or cognate blood may be a peasant.
(2) A person is not considered German or as having cognate blood, if his paternal or maternal ancestors have Jewish or colored blood in their veins.
(3) The first of January, 1800, is the day that decides whether the premises of Section I obtain. In case of doubt whether the premises of Section I obtain, the inheritance court decides on a motion of the owner or of the district leader of the peasants.
Berlin 29 Sept 1933.
TRANSLATION OF DOCUMENT 1403-PS
1937 REICHSGESETZBLATT, PART I, PAGE 1333Law on the Granting of Indemnities in Case of Confiscation or Transfer of Property, 9 December 1937
1937 REICHSGESETZBLATT, PART I, PAGE 1333
Law on the Granting of Indemnities in Case of Confiscation or Transfer of Property, 9 December 1937
The Reich government has decided to proclaim the following law:
Chapter 1. Property of Communists, Enemies of the People and the State
Chapter 1. Property of Communists, Enemies of the People and the State
Article 1
If objects and rights have been seized in favor of a state on the basis of the law on the confiscation of communist property of 26 May 33 (RGBl I, page 293) or of the law on the confiscation of property of enemies of the people and the state of 14 July 1933 (RGBl I, page 479) before the law became effective, the state shall not be responsible for the claims which have arisen against the former owner of the seized property or rights.
Article 2
1. Rights, which are still existing at the time this law becomes effective and apply to confiscated objects, are deemed expired with the seizure. The same is true in the case of guarantees on property which has been confiscated.
2. Section 1 is not being applied if the seized objects have already been sold by the state before this law became effective.
Article 3
1. Corporations are not responsible for liabilities from the time before the confiscation, if all the shares have been transferred by confiscation to the property of a state, unless the liabilities were recovered by the sequestration decreed for the preparation of the seizure.
2. The existing rights of third persons in the property of such corporations will be considered as expired.
Article 4
Legal personalities, corporations, or legally incompetent associations, whose property has been confiscated, are considered as dissolved by the seizure. A liquidation does not take place.
Article 5
Claims against the owners of property mentioned in Article 4 shall be deemed expired through confiscation of the property. The same applies to individual members or partners of associations. The affidavits and other liabilities existing in order to insure the safeguarding and guarantees of such claims are also deemed expired.
Article 6
1. If someone suffered financial loss through sequestration or seizure of objects and rights on account of the laws mentioned in Article 1, or through their effect, an indemnification from the means of the state in whose favor the confiscation or seizure took place can be granted. In the sense of this regulation, no one has suffered loss who was affected by the sequestration or seizure directly.
2. A person shall not be granted compensation on the basis and with the acquisition of this right, which expired with this law, if he has intentionally or carelessly promoted:
1. Communist aspirations.2. Marxist or other movements which have been declared as hostile to the people and state by the Minister of the Interior.
1. Communist aspirations.
2. Marxist or other movements which have been declared as hostile to the people and state by the Minister of the Interior.
It is not an intentional promotion of aspirations as designated in No. 2, if the victim stood under the control or direction of the state.
3. An indemnification can also be granted in the cases of (2) No. 2, i.e. if the victim is needy in the sense of Article 13(2) or if the predominant viewpoints of the public interest speak for the granting of indemnification.
Article 7
1. Indemnification will only be granted if the victim makes a petition before 31 March 1938.
2. The petition has to be. sent in writing to the competent authority (Article 9), with reference to the cause of the offense.
Article 8
1. The determination of the indemnification takes place in a determination procedure and before determining authorities.
2. The Reich Minister of the Interior can decree that no determining procedures shall take place for certain properties or in certain districts. If such a regulation is issued by the Reich Minister of the Interior, the regulations of this section with the exception of Articles 1, 4 and 5 are not to be applied for the property of the district.
Article 9
1. The determining authority in Prussia and Bavaria is the president of the government (in Berlin the police president), in Saxony the Kreishauptmann, and in the other states the highest authority of the state.
2. The Reich Minister of the Interior may decide that a common determining authority will be formed for several administrative districts.
Article 10
1. The determining authority for the district in which the sequestered or seized property, whose indemnification has been proposed, used to be, is locally responsible.
2. The highest authority of the state or the Reich Minister of the Interior appoints the determining authority, if the property was located in the district of several determining authorities and if several determining authorities of the same state are involved.
3. The Reich Minister of the Interior is entitled to appoint exclusively one or more determining authorities for certain kinds of confiscated or seized objects and rights.
Article 11
1. The petition to grant indemnification shall be refused, if it has not been made within the time determined in Article 7, section 1. The determining authority is obliged to admit the petition, if the victim proves that he himself or his legal representative or his proxy failed to make the petition within the appointed period through no fault of their own and inasmuch as it will be repeated within two months after clearing the obstacle. Petitions cannot be made any more after 31 March 1939.
2. If the petition to grant indemnification is received by a determining authority, which is locally not responsible (Article 10), it will fall within the appointed time.
Article 12
1. The total amount of indemnifications, which shall be granted because of sequestration or seizure of property of a certain owner of property, is limited by the extent of this property. Each economic unit will be considered property in the sense of the first sentence, if the confiscated property of a person includes several economic units of the kind designated in Article 2 of the Reichsbewertunsgesetz [Law for the evaluation of property] of 16 Oct 1934 (RGBl I, page 1035). For the classification according to economic units, a determined purpose in the period before the confiscation is of no importance.
2. In order to estimate the extent of property according to Section 1, its selling value is decisive.
Article 13
1. In determining the indemnifications, the creditors should be treated in the succession as is provided for their satisfaction in the bankruptcy order.
2. This principle is to be disregarded, if reasons of fairness require to do so; particularly these victims are to get privileged treatment whose livelihood or economic progress is endangered or require an indemnification in order to fulfill their duties of livelihood on the basis of the law.
Article 14
1. The determining authority fixes the amount of money to be paid as indemnification. It can determine installments and the time of payments. Inasmuch as there is no other clause in the decision of the determining authority, the amount of money is payable to him within one month after the decision has been delivered to the victim.
2. The determining authority may rule that an indemnification will be effected by Reich or state-owned mortgage-deeds or by transferring an object, or that claim of indemnification due to the victim on account of the decision of the determining authority will be secured by arranging a lien on land.
3. The state can propose, until the decision of the determining authority has been relayed to the victim, what, in the amount of the indemnification which is being granted for an expired lien on land (Article 2, 6), a new lien on land will be entered into the land-register in its place. The determining authority has to respect such a move except in the case that this would be particularly unfair toward the victim. The new lien on land has to be entered into the land-register under the same conditions as the expired one insofar as the determining authority does not issue different instructions; the rate of interest may be reduced by the determining authority to five percent.
Article 15
1. The victim is entitled to appeal to the determining authority of the Reich against the decision of the determining authority. (Article 16)
2. The appeal must be delivered in writing to the determining authority or to the determining authority of the Reich, within two weeks after the decision has been forwarded and it must be substantiated. Article 11, Section 1 will be applied respectively.
3. The determining authority may submit its decision to the determining authority of the Reich for scrutiny. Its presentation to the determining authority of the Reich has the effect of an appeal.
Article 16
1. The determining authority of the Reich will be linked to the Reich Minister of the Interior.
2. The determining authority of the Reich consists of chambers. Each chamber is composed of five members including the chairman, three of whom must have the ability to perform the functions of the judge or of higher administrative offices, two members will be suggested by the Deputy of the Fuehrer.
3. The chairman and the members will be appointed by the Reich Minister of the Interior.
Article 17
1. The decisions of the determining authorities are to be delivered to the victim.
2. The decision of the determining authority of the Reich is final.
Chapter 2. Property forfeited to the Reich
Article 18
If the property of a person deprived of his citizenship (law on the recall of naturalizations and the deprivation of the German citizenship of 14 July 1933—RGBl I, page 480) has been confiscated, or has been declared forfeited to the Reich, previous to this law, the Reich is not responsible for claims against the person deprived of his citizenship.
Article 19
1. Rights on objects of such properties, which have been declared as forfeited to the Reich, are deemed expired with the declaration of forfeiture. The same applies to objects on which property rights have been secured.
2. Section 1 will not be applied, if the objects have already been sold by the Reich before effectiveness of this law.
Article 20
If someone has suffered a loss of property through sequestration or the declaration of forfeiture (Article 18) or through the effect of this law, he may be granted an indemnification from the funds of the Reich. The victim in the sense of this regulation is not he who was directly affected by the sequestration or declaration of forfeiture.
Article 21
The regulations of Articles 6 to 17 will be applied respectively according to Articles 22 and 23.
Article 22
The determining authority of the Reich will decide on the petition.
Article 23
An indemnification will also not be granted (Article 6(2)), if the victim has knowingly supported the person deprived of his citizenship in hurting German interests.
Chapter 3. Property of Former Associations of Employers and Employees
Article 24
1. The property administration of the DAF [German labor front], Ltd., Berlin (hereafter called "property administration of the German labor front") as trustee of the German labor front, will be put in possession of the former associations of employers and employees including the auxiliary and replacement organizations, property administrations, pension disbursing agencies and other special properties, upon entrance into effect of this law.
2. In the case that only former associations of employers and employees have interests in a legal personality, the property administration of the German labor front will be put in possession of both the shares of property of the former associations of employees and employers and the property of the legal personality. However, if the legal personality represents a corporation, a limited liability corporation, or company, the property administration of the German labor front will only be put in possession of the shares or business shares; the company continues its existence with rights and obligations. Sentence 2 is not effective if the exclusive purpose of the company was the administration of houses of labor unions or if a property administration or trustee company of a former association of employers and employees is involved, the property of which will be put in possession of the property administration of the German labor front as provided in (1). The property administration of the German labor front (DAF) will in these cases take possession of both the shares and business shares, and also of the property of the company.
3. Inasmuch as the property of a former association of employers and employees has already been disposed of through an orderly liquidation or agreement, it will be left as it is. Pending liquidations and settlements will not be continued.
4. The Reich Minister of the Interior will announce, in agreement with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor, the owners of property, possession of which has been transferred to the property administration of the German labor front according to (1), (2) first sentence and (2) third sentence. These regulations will be announced in the Deutscher Reichsanzeiger and Preussischer Staatsanzeiger (official publications) until the 30 June 1938. They are binding for courts and administrative authorities.
5. The owners of property to be made public as provided in (4), are, inasmuch as they represent legal personalities or collective personalities, dissolved with the effectiveness of this law. A liquidation does not take place.
6. The leader of the German labor front Dr. Ley will be the guardian entitled to dispose of the properties confiscated by the general public prosecutor of the Country Court I Berlin from the time of confiscation of the properties up to the effectiveness of this law and will be verified with the authority to take action compatible with the purpose of the sequestration and according to his judgment conformable to duty; in particular to give and receive declarations of will for the owners of the confiscated property.
Article 25
1. The German labor front and the property administration are responsible for claims against those owners of property, which has been transferred to the latter, only in the case, if the claims arose after a day which the Reich Minister of the Interior will determine in cooperation with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor at the announcement of the owners of property (Article 24(4)).
2. The German labor front and the property administration of the German labor front are responsible for claims resulting from service or work status with the owners of property mentioned in Article 24 or the German labor front only, if the service or work status has been extended by the German labor front beyond the 30 Sept 1933.
Article 26
1. Rights on objects, which the property administration of the German labor front acquires according to Article 24, are expiring. The same applies to property rights secured in such objects.
2. Section (1) will not be applied, if the objects have been already liquidated at the effectiveness of this law or if the rights or the secured property have been established after the day to be determined according to Article 25 (1).
Article 27
If the victim suffered a loss in property on account of the regulations of Articles 25 and 26, he can be granted an indemnification from the funds of the German labor front and the property administration of the German labor front.
Article 28
The regulations of Articles 5 to 17 will be applied on the basis of Articles 29 and 30 respectively.
Article 29
The petition to grant an indemnification has to be made in writing by 30 Sept 38 to the determining authority (Article 30) by stating the cause of the offense.
Article 30
1. The determining authority of the Reich will decide on the motion (Article 16). The chambers will judge the case in a composition of three members including the chairman of whom one member will be suggested by the Deputy of the Fuehrer, another one by the Reich Minister of Economy in conjunction with the Reich Minister for Labor. The chairman and the members will be appointed by the Reich Minister of the Interior.
2. Before the decision a representative to be named by the German labor front has to be heard.
Article 31
Inasmuch as economic associations of employers and their institutions have been incorporated or joined or dissolved within the framework of the legislation on the preliminary erection of the Reich food estate, the regulations of this part will not be applied.
Chapter 4. Final Regulations
Article 32
1. Indemnification will not be granted on the basis of other laws in those cases affected by this law. Existing claims expire.
2. If a party proves by litigation that the pending claim comes under this law, the court has to discontinue the procedure and to defer temporarily the distraint resulting from an executory decision already enacted. The court may also issue these regulations under the authority of the law if it views the pending claim as falling under this law. In both cases the court has to inform the proper determining authority by presenting the records. The rules of the court cannot be contested.
3. The determining authority may admit the further prosecution of the claim by regular legal steps or present the records to the determining authority of the Reich for a decision.
4. If the determining authority or the determining authority of the Reich permits the further prosecution of the claim by regular legal steps, the court has to lift on request the regulation on the discontinuance of the legal dispute or the temporary suspension of the distraint.
5. The decision of the determining authority of the Reich to deal with the claim in a determining procedure does not permit its further prosecution by legal steps and the distraint of the claim.
Article 33
If there exists already an executory title on claims which are affected by this law, the regulations of Article 32 will be applied respectively.
Article 34
Inasmuch as a legal dispute is being settled by this law, the court costs will be cancelled and the extrajudicial costs balanced against each other.
Article 35
1. The granting of an indemnification by arbitration will not be excluded by the regulations of this law. The determining authority has to verify the agreement.
2. If an agreement on the claims and rights affected by this law had already been concluded at the time this law became effective, it will be left as it is.
Article 36
1. If the Reich or a state has transferred confiscated properties as a whole or in part to another natural or legal personality, the determining authority may impose upon the one who takes possession of the property, the duty to give total or partial indemnification to the entitled persons. In case the Reich or a state will be declared liable of indemnification, it must at the same time be determined whether and in what amount the one who takes possession has to pay compensation to the Reich or State. The person taking possession of the property has the right to appeal against the decision of the determining authority to the determining authority of the Reich.
2. Resulting from the valid decisions of the determining authorities, by which according to (1) obligations will be imposed on the one who takes possession, the distraint will be executed.
Article 37
The decisions of the determining authorities are binding for the regular courts and other places of judgment.
Article 38
Articles 3, 4 and 7 of the law on the confiscation of communist property of 26 May 1933 (RGBl I, p. 293) are no longer valid.
Article 39
1. If objects and rights are seized on the basis of the laws designated in Article 1, the State is responsible for claims against the former owner of the confiscated objects only with the rights and objects fallen to it by the confiscation. Rights on objects of seized property continue to exist.
2. In case of excessive debts, bankruptcy proceedings against the property will be enacted through motion of a state or creditor, according to regulations. The referee in bankruptcy has to be appointed in agreement with the central administration board responsible for the district of the bankruptcy court and has to be recalled on its request.
3. The same applies if the property of a person deprived of citizenship (Article 18) has been declared to fall to the Reich after this law had become effective.
Article 40
The Reich Minister of the Interior will be authorized to issue in agreement with the other responsible ministers the legal and administrative instruments required in order to execute and supplement this law.
Berlin, 9 December 1937The Fuehrer and Chancellor of the ReichAdolf HitlerThe Reich Minister of the InteriorFrickThe Deputy of the FuehrerR. Hess(Reich Minister without Portfolio)The Reich Minister of FinanceCount Schwerin von KrosigkThe Reich Minister of Economyauthorized to manage affairs:Goering(Prussian Premier)The Reich Minister for LaborFranz SeldteThe Reich Minister for JusticeDr Guertner
TRANSLATION OF DOCUMENT 1406-PS