PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
LAW, 15 SEPTEMBER 1935, FOR THE PROTECTION OF GERMAN BLOOD AND HONOR[93]
1935 REICHSGESETZBLATT, PART 1, PAGE 1146
Imbued with the conviction that the purity of the German blood is the prerequisite for the permanence of the German people, and animated by the inflexible will to safeguard the German nation for all future, the Reichstag has unanimously enacted the following law, which is promulgated herewith:
Article 1
(1) Marriages between Jews and German nationals of German or related blood are prohibited. Marriages concluded despite of this are void, even if concluded abroad in order to circumvent this law.
(2) Only the public prosecutor can file an action for nullification.
Article 2
Sexual intercourse (except in marriage) between Jews and German nationals of German or related blood is forbidden.
Article 3
Jews may not employ female German nationals of German or related blood below 45 years of age in their households.
Article 4
(1) Jews are forbidden to show the Reich and national flag or the colors of the Reich.
(2) They are, however, allowed to show the Jewish colors. The exercise of this right will be protected by the State.
Article 5
(1) Whoever violates the prohibition of article 1 will be punished with hard labor.
(2) Any man violating the prohibition of article 2 will be punished with imprisonment or hard labor.
(3) Whoever violates the regulations under articles 3 or 4, will be punished with imprisonment up to 1 year or with a fine, or with both of these penalties.
Article 6
The Reich Minister of the Interior, in agreement with the deputy of the Fuehrer and the Reich Minister of Justice, will issue the legal and administrative regulations required for carrying out and supplementing this law.
Article 7
This law comes into force on the day following its promulgation; article 3, however, not until 1 January 1936.
Nuernberg, 15 September 1935, at the Reich Party Congress for Freedom.[94]
The Fuehrer and Reich Chancellor
Adolf Hitler
The Reich Minister of the Interior
Frick
The Reich Minister of Justice
Dr. Guertner
The Deputy of the Fuehrer Reich Minister without Portfolio
R. Hess
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
EXTRACTS FROM THE LAW AGAINST ECONOMIC SABOTAGE, 1 DECEMBER 1936
1936 REICHSGESETZBLATT, PART 1, PAGE 999
The Reich government has enacted the following law, which is promulgated herewith:
Article 1
(1) A German citizen who deliberately and unscrupulously, for his own gain or for other low motives, contrary to legal provisions smuggles property abroad or leaves property abroad and thus inflicts serious damage to German economy is to be punished by death. His property will be confiscated. The perpetrator is also punishable, if he commits the act abroad.
(2) This crime is subject to the jurisdiction of the People’s Court.
Article 2
The law becomes effective on the day of its promulgation.
Berlin, 1 December 1936
The Fuehrer and Reich Chancellor
Adolf Hitler
The Plenipotentiary for the Four Year Plan
Goering
Minister President
The Reich Minister of Economics as Deputy
Posse
The Reich Minister of Justice
Dr. Guertner
TRANSLATION OF ALTSTOETTER DOCUMENT 10ALTSTOETTER DEFENSE EXHIBIT 1 (1)
EXTRACT FROM THE GERMAN CIVIL SERVICE LAW (DEUTSCHES BEAMTENGESETZ, OR “DBG”), 26 JANUARY 1937[95]
4. Obligation to render obedience
Article 7
(1) The civil servant is responsible for the lawfulness of his official acts.
(2) Insofar as nothing else has been legally provided, he has to comply with the official directives given by his superiors or by persons authorized to give him directives by virtue of a special order; the responsibility then rests with him who gave the directive. The civil servant must not comply with an order the execution of which would obviously contravene the criminal laws.
(3) The civil servant may accept directives for his official acts only from his superior or from persons authorized by virtue of a special order to give him directives; his obligation to comply with the law and with such regulations has the precedence of any other obligations to render obedience.
(4) The Fuehrer and Reich Chancellor decides whether and to what extent it is admissible to call a civil servant who is a member of the National Socialist German Workers’ Party to account before a Party court.
TRANSLATION OF SCHLEGELBERGER DOCUMENT 127SCHLEGELBERGER DEFENSE EXHIBIT 123
DECREE, 10 JULY 1937, OF THE FUEHRER AND REICH CHANCELLOR CONCERNING APPOINTMENT OF CIVIL SERVANTS AND TERMINATION OF CIVIL SERVICE STATUS
1937 REICHSGESETZBLATT, PART 1, PAGE 769
On the basis of Articles 24, 31, 66, and 78 of the German Civil Service Law of 26 January 1937 (Reichsgesetzblatt I, page 39) I hereby order under concurrent suspension of my decree on the appointment and termination of Reich and Land [State] civil servants of 1 February 1935 (Reichsgesetzblatt I, pages 74, 73) and on the participation of the deputy of the Fuehrer in the appointment of civil servants of 24 September 1935 (Reichsgesetzblatt I, page 1203) as follows:
I
(1) I reserve to myself the power to appoint and retire civil servants of permanent status [Planstellen] of the civil service pay groups A 2 c 2 and upward and in the equivalent Land civil service pay groups, if not otherwise directed by special regulations. These civil servants will be dismissed by me in accordance with articles 60, 61, 63 of the German Civil Service Law, but according to article 61 only in as far as they can be placed in inactive status [Wartestand]. Civil servants whom I have placed in inactive status, and who are to be returned to active duty in permanent positions which do not require a formal appointment on my part can only be returned to active duty with my concurrence. I reserve to myself the power to retire the following civil servantsin inactive status: under secretaries, ambassadors, ministerial directors, ministers first class, and Oberreichsanwaelte.
(2) Suggestions will be submitted by the appropriate Reich Minister, for Prussia by the Minister President.
(3) Before suggestions for appointment of civil servants and the employment in accordance with sentence 3, Article I, is made, the advice from the deputy of the Fuehrer [Hess] is to be sought, except in cases where they are civil servants of the armed forces.
II
(1) I delegate the implementation of the powers reserved to myself on appointment, retirement, and dismissal of the other civil servants, in as far as I have not made reservations in article I, to the Reich Ministers, for Prussia to the Minister President, who can further delegate their authority with concurrence of the Reich Minister of Interior and the Reich Minister of Finance.
(2) In special cases I reserve to myself the right of personal decision also in cases of these civil servants.
III
The necessary regulations for the implementation of this decree will be published by the Reich Minister of the Interior and the Reich Finance Minister.
Berchtesgaden, 10 July 1937
The Fuehrer and Reich Chancellor
Adolf Hitler
The Reich Minister of Interior
Frick
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
EXTRACTS FROM DECREE, 17 AUGUST 1938, FOR SPECIAL CRIMINAL LAW IN TIME OF WAR AND SPECIAL EMERGENCY[96]
1939 REICHSGESETZBLATT, PART 1, PAGE 1455
*******
Article 5. Undermining of Military Efficiency[97]
(1) The following shall be guilty of undermining German defensive strength, and shall be punished by death:
1. Whoever publicly solicits or incites others to evade the fulfillment of compulsory military service in the German or an allied armed force, or publicly otherwise seeks to paralyze or undermine the will of the German or allied people to assert itself by force of arms.
2. Whoever undertakes to induce a soldier or conscript in the reserves to disobedience, opposition, or violence against a superior, or to desertion or illegal absence, or otherwise to undermine the discipline of the German or an allied armed force.
3. Whoever undertakes to avoid or cause another person to avoid the fulfillment of military service entirely, partly, or temporarily by means of self-mutilation, by means designated to deceive, or by other methods.
*******
Berlin, 17 August 1938
The Fuehrer and Reich Chancellor
Adolf Hitler
The Chief of the High Command of the Armed Forces
Keitel
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
DECREE, 1 SEPTEMBER 1939, CONCERNING EXTRAORDINARY MEASURES WITH REGARD TO FOREIGN RADIO BROADCASTS
1939 REICHSGESETZBLATT, PART 1, PAGE 1683
*******
Article 1
Deliberate listening to foreign radio stations is prohibited. Violations are punishable by hard labor. In less severe cases a sentence of imprisonment may be passed. The radio receivers used will be confiscated.
Article 2
Whoever deliberately spreads news from foreign radio stations which is apt to undermine the defensive strength of the German people will be punished by hard labor, in particularly severe cases by death.
Article 3
The provisions of this decree do not apply to actions taken in execution of official duty.
Article 4
The Special Courts have jurisdiction to try and decide on violations of this decree.
Article 5
Criminal prosecution under articles 1 and 2 takes place only on request of the State Police authorities.
*******
Berlin, 1 September 1939
The Chairman of the Ministerial Council for the Defense of the Reich
Field Marshal Goering
The Deputy of the Fuehrer
R. Hess
The Plenipotentiary for the Administration of the Reich
Frick
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
PARTIAL TRANSLATION OF DOCUMENT NG-700PROSECUTION EXHIBIT 625
Copy
DECREE, 3 SEPTEMBER 1939, OF THE FUEHRER AND REICH CHANCELLOR CONCERNING EXECUTION OF THE RIGHT OF PARDON[98]
During my absence from Berlin I delegate to the Reich Minister of Justice the execution of the right of cancellation [Niederschlagungsrecht] as well as the power to grant pardon and to dismiss petitions for pardon, in cases which come under the jurisdiction of the ordinary courts insofar as I have reserved these decisions to myself in the decree of 1 February 1935 (Reichsgesetzblatt I, page 74).
The same applies to revocation of decisions based on the decree of 23 November 1938 (Reichsgesetzblatt I, page 729).
I reserve to myself the right to decide personally in individual cases.
Berlin, 3 September 1939
The Fuehrer and Reich Chancellor
[Signed]Adolf Hitler
[Great Reich Seal]
The Reich Minister of Justice
[Signed]Dr. Guertner
Minister of State and Chief of the Presidential Chancellery
[Signed]Dr. Meissner
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
EXTRACTS FROM THE WAR ECONOMY DECREE OF 4 SEPTEMBER 1939
1939 REICHSGESETZBLATT, PART I, PAGE 1609
To protect the borders of our Fatherland, supreme sacrifices are demanded from each of the members of the people’s community [Volksgenossen]. The soldier protects the Fatherland with a weapon, risking his life. In view of the greatness of this commitment, it is the obvious duty of every member of the people’s community in the Fatherland to put all their strength and wealth at the disposal of the people and the Reich, in order to guarantee the continuation of an orderly economic life. This also means that every member of the people’s community restricts himself in his way of living and his standards.
*******
Section 1
Conduct Detrimental to War
Article 1
(1) Whoever destroys, removes, or conceals raw materials or products belonging to the vital requirements of the population and thereby malevolently endangers the supply of such requirements will be punished with hard labor or imprisonment, and in particularly serious cases by death.
(2) Whoever conceals payment certificates without any justified reason, will be punished with imprisonment and, in particularly serious cases, with hard labor.
*******
Berlin, 4 September 1939
The Chairman of the Ministerial Council for Defense of the Reich
Field Marshal Goering
The Deputy of the Fuehrer
R. Hess
The General Plenipotentiary for the Administration of the Reich
Frick
The General Plenipotentiary for the Economy
Walther Funk
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
The Chief of the High Command of the Armed Forces
Keitel
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
DECREE, 5 SEPTEMBER 1939, AGAINST PUBLIC ENEMIES[99]
1939 REICHSGESETZBLATT, PART I, PAGE 1679
The Ministerial Council for the Defense of the Reich decrees with the force of Law:
Article 1
Looting in Liberated Territory
(1) Whoever is found looting in liberated territory or in buildings or rooms voluntarily vacated will be punished by death.
(2) This crime is subject to the jurisdiction of the Special Courts,[100]insofar as field military courts have no jurisdiction.
(3) The death penalty may be executed by hanging.
Article 2
Crimes During Air Raids
Whoever commits a crime or offense against the body, life, property, taking advantage of air raid protection measures, ispunishable by hard labor of up to 15 years or for life, and in particularly severe cases by death.
Article 3
Crimes of Public Danger
Whoever commits arson or any other crime of public danger, thereby undermining German defensive strength, will be punished by death.
Article 4
Exploitation of the State of War as a Reason for more severe Punishment
Whoever commits any other criminal act by exploiting the extraordinary conditions caused by war is punishable beyond the regular punishment limits with hard labor of up to 15 years or for life, or by death if the sound sentiment of the people requires it because of the particular wickedness of the act.
Article 5
Speeding up of Special Court Proceedings
In all trials by Special Courts the verdict must be pronounced at once without observation of time limits if the perpetrator is caught redhanded or if his guilt is otherwise obvious.
Article 6
Sphere of Jurisdiction
The provisions of this Law are also applicable in the Protectorate of Bohemia and Moravia, also for those persons who are not German nationals.
Article 7
Final Regulations
The Reich Minister of Justice will issue the legal and administrative regulations required to carry out and supplement this decree.
Berlin, 5 September 1939
The Chairman of the Ministerial Council for the Defense of the Reich
Field Marshal Goering
The Plenipotentiary for the Administration of the Reich
Frick
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
TRANSLATION OF DOCUMENT KLEMM 29KLEMM DEFENSE EXHIBIT 29
DECREE OF 17 OCTOBER 1939, ESTABLISHING SPECIAL JURISDICTION AND PROVIDING FOR JUDGES APPOINTED BY HIMMLER, FOR CRIMINAL PROCEEDINGS AGAINST MEMBERS OF THE SS AND POLICE FORMATIONS ON SPECIAL TASKS
DECREE OF 17 OCTOBER 1939, ESTABLISHING SPECIAL JURISDICTION AND PROVIDING FOR JUDGES APPOINTED BY HIMMLER, FOR CRIMINAL PROCEEDINGS AGAINST MEMBERS OF THE SS AND POLICE FORMATIONS ON SPECIAL TASKS
1939 REICHSGESETZBLATT, PART I, PAGE 2107
Decree on special jurisdiction in criminal proceedings against members of the SS and members of police formations on special tasks, dated 17 October 1939.
The council of ministers for the defense of the Reich decrees that the following become law in the territory of the Greater German Reich:
Article 1[101]
Special jurisdiction is established for the prosecution of—
1. Professional members of the Reich leadership of the SS,
2. Professional members of the staffs of those Higher SS and Police Leaders who command organizations listed under numbers 3 to 6,
3. Members of the SS Special Duty Troops,
4. Members of the SS Death Head units[102]including their replacement units,
5. Members of the SS Junkers’ Schools,
6. Members of the police formations on special tasks.
Article 2
(1) The persons specified under article 1, numbers 1 to 5, come under special jurisdiction in all cases of unlawful actions for which army courts are competent. The persons specified under article 1, number 6, come under special jurisdiction only if these unlawful actions have been committed while on special duty.
(2) The competence of the army courts remains unchanged.
Article 3
(1) If not ordered otherwise, the regulations of the military penal code, the regulations of the criminal procedure of courtsmartial as well as their introductory laws will be applied correspondingly under this special jurisdiction. As far as nonmilitary offenses are concerned, general criminal law applicable to members of the armed forces will be applied.
(2) The place of the Reich Minister for War or of the Chief of the High Command of the Wehrmacht is taken by the Reich Leader of the SS and Chief of the German Police. He appoints the judges and specifies the regional sphere of their jurisdiction.
Article 4
(1) Courts martial will be replaced by SS courts and, wherever cases against members of police units are concerned, by SS and police courts. The army appeal courts will be replaced by an SS and police appeal court.
(2) A special decree will be issued as to which court will take over the tasks of the Supreme Army Court in Wehrmacht affairs.
Article 5
(1) Civilian army judges will be replaced by SS judicial officers [Justizfuehrer] who are qualified to be judges. They will be appointed by the Fuehrer and Reich Chancellor, and in disciplinary matters, are directly subordinate to the Reich Leader SS.
(2) If the proceedings involve a member of the SS, SS members will be appointed as associate judges, otherwise the associate judge will be appointed from the ranks of the police.
(3) The registrars of the office will be replaced by SS Beurkundungsfuehrer [SS officers having registrar’s functions].
(4) Further regulations as to the legal status of SS judicial officers and SS Beurkundungsbeamte [SS officials having registrar’s functions] remain reserved.
Article 6
The regulations of the military penal code concerning special honor penalties [Ehrenstrafen] against soldiers are not to be applied. They are superseded by regulations concerning the penalties of dishonorable discharge and dismissal from the SS.
Article 7
The Reich Minister for the Interior and the Reich Leader SS, in agreement with the Reich Ministers of Justice and of Finance, are authorized to decree in their own field of activities the regulations necessary for articles 4 and 5 as well as the regulations for the carrying out of this ordinance.
Article 8
This ordinance becomes effective on the day of its proclamation.
Berlin, 17 October 1939
The Chairman of the Council of Ministers for the Defense of the Reich
Field Marshal Goering
The Plenipotentiary General for the Administration of the Reich
Frick
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
EXTRACTS FROM DECREE, 25 NOVEMBER 1939, SUPPLEMENTING PENAL PROVISIONS FOR PROTECTION OF THE MILITARY STRENGTH OF THE GERMAN PEOPLE[103]
1939 REICHSGESETZBLATT, PART I, PAGE 2319
The Ministerial Council for the Defense of the Reich decrees with the force of law:
Article 1
Damage to Military Equipment
(1) Whoever intentionally destroys, renders unserviceable, damages, abandons or removes military equipment of an installation intended for the German defense, and thereby intentionally, or through negligence, endangers the fighting power of the German armed forces, will be punished with imprisonment of not less than 6 months. In serious cases the death penalty, or hard labor for life, or a term of hard labor will be imposed.
(2) The same punishment will be inflicted upon a person who intentionally builds, manufactures or delivers in a defective manner military equipment or installations of the kind described above, and thereby intentionally or through negligence endangers the fighting power of the German armed forces.
(3) The attempt is also punishable.
(4) Whoever acts carelessly and thereby negligently endangers the fighting power of the German armed forces will be punished with imprisonment.
(5) This regulation replaces article 143 a of the penal code.
Article 2
Disturbance of an Essential Enterprise
(1) Whoever disturbs or endangers the orderly function of an enterprise essential to the defense of the Reich or to the supply of the population by making any object serving the enterprise completely or partially unusable or by putting it out of commission will be punished with hard labor or in especially serious cases with death.
(2) In less serious cases the penalty will be imprisonment.
*******
Article 5
Endangering of the Armed Forces of Friendly States
(1) Whoever in Germany gathers or forwards information concerning military matters for a foreign military intelligence service to the prejudice of another state, or forms, maintains, or supports an information service concerning such matters will be punished with hard labor or in less serious cases with imprisonment.
(2) The act shall be prosecuted only upon order of the Reich Minister of Justice.
Article 6
In the Protectorate of Bohemia and Moravia the provisions of articles 1, 2, 4, and 5 of this decree apply also to persons who are not German nationals.
Berlin, 25 November 1939
The Chairman of the Ministerial Council for the Defense of the Reich
Field Marshal Goering
The Plenipotentiary for the Administration of the Reich
As Deputy,Himmler
The Chief of the Reich Chancellery
Dr. Lammers
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
DECREE OF 5 DECEMBER 1939 AGAINST VIOLENT CRIMINALS
1939 REICHSGESETZBLATT, PART I, PAGE 2378
The Ministerial Council for the Defense of the Reich decrees the following with the force of law for the area of the Greater German Reich:
Article 1
Armed Violence
(1) Whoever uses a firearm, a cutting or stabbing weapon, or any other equally dangerous object while committing rape, street robbery, bank robbery or any other serious act of violence, or whoever threatens another person’s body or life with such a weapon will be punished by death.
(2) The criminal who attacks his pursuers or defends himself against them with the use of arms will be subject to the same penalty.
Article 2
Protection for People Assisting in the Pursuit of the Criminals
Whoever takes part personally in the pursuit of a criminal for the purpose of his apprehension has the same privileges under criminal law as policemen and officers of the law.
Article 3
Competence of the Special Court
In cases of crimes which fall under the provisions of articles 1 or 2 of this decree, the indictment will be filed with the Special Court.
Article 4
More Severe Punishment for Attempted Crimes and Aiding and Abetting
Where an attempted crime or offense or the aiding and abetting in such a crime or offense are punishable, the same punishment is generally admissible as is provided for the accomplished crime.
Article 5
Retroactive Force
This decree is also applicable to punishable acts committed before it came into force.
Article 6
Final Regulations
The Reich Minister of Justice will issue the legal and administrative provisions required to carry out and supplement thisdecree, and the special provisions concerning the application of this decree in the Protectorate of Bohemia and Moravia.
Berlin, 5 December 1939
The Chairman of the Ministerial Council for the Defense of the Reich
Field Marshal Goering
The Plenipotentiary for the Administration of the Reich
Frick
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
PARTIAL TRANSLATION OF DOCUMENT NG-715PROSECUTION EXHIBIT 112
DECREE OF 6 MAY 1940 ON THE EXTENSION OF THE APPLICATION OF GERMAN CRIMINAL LAW
1940 REICHSGESETZBLATT, PART I, PAGE 754
The Ministerial Council for the Defense of the Reich decrees, for the territory of the greater German Reich, with the force of law:
Section I
Extent of the Application of Criminal Law
Articles 3 through 5, 8 and 37 of the Reich Penal Code will be replaced by the following regulations:
Article 3
German criminal law will be applied to the crime of a German national, no matter whether it is committed in Germany or abroad.
For a crime committed abroad, which according to the laws of the place of commitment is not punishable, German criminal law will not be applied, if such an act according to the sound sentiment of the German people—on account of the particular conditions prevailing at the place of commitment—is not considered to be deserving punishment.
An act shall be deemed to have been committed in any place where the perpetrator has acted, or, in case the act consists in an omission, where he ought to have acted, or where the results of the act came about or were intended to come about.
Article 4
German criminal law will be applied also in case of acts committed by a foreigner in Germany.
German criminal law will be applied to a crime committed by a foreigner abroad, if it is punishable according to the penal code of the territory where it is committed, or if such territory is not subject to any punitive authority [Strafgewalt] and if—
1. The perpetrator obtained German nationality after the act, or2. The act is directed against the German people or a German national, or3. The perpetrator is apprehended in Germany and is not extradited, although the nature of his act would permit extradition.
1. The perpetrator obtained German nationality after the act, or
2. The act is directed against the German people or a German national, or
3. The perpetrator is apprehended in Germany and is not extradited, although the nature of his act would permit extradition.
German criminal law will be applied to the following acts committed by a foreigner abroad, independently of the laws of the place of commitment:
1. Acts committed while holding a German government office, as a German soldier, or as member of the Reich Labor Service, or committed against a holder of an office of the German State or the Party, against a German soldier, or a member of the Reich Labor Service, while on duty, or relating to his duty;2. Acts constituting treason or high treason against the German Reich;3. Crimes committed with explosives;4. Traffic in children and women;5. Disclosure of a manufacturing or commercial secret of a German enterprise;6. Perjury committed in the course of proceedings of a German court or some other German agency authorized to take oaths;7. Crimes and offenses of counterfeiting;8. Unauthorized sale of narcotics;9. Trade with pornographic publications.
1. Acts committed while holding a German government office, as a German soldier, or as member of the Reich Labor Service, or committed against a holder of an office of the German State or the Party, against a German soldier, or a member of the Reich Labor Service, while on duty, or relating to his duty;
2. Acts constituting treason or high treason against the German Reich;
3. Crimes committed with explosives;
4. Traffic in children and women;
5. Disclosure of a manufacturing or commercial secret of a German enterprise;
6. Perjury committed in the course of proceedings of a German court or some other German agency authorized to take oaths;
7. Crimes and offenses of counterfeiting;
8. Unauthorized sale of narcotics;
9. Trade with pornographic publications.
Article 5
German criminal law will be applied, independently of the laws of the place of commitment, to crimes committed on a German vessel or a German airplane.
Section II
Regulations Amending the Rules of Criminal Procedure:
1. As article 8 a of the Code of Criminal Procedure the following regulation is being inserted:
Article 8 a
Jurisdiction shall also be established at the court in the district of which the defendant is being detained by order of an authority at the time the indictment is filed.
2. As article 153 a of the Code of Criminal Procedure, the following regulation is being inserted:
Article 153 a
*******
An act committed by a foreigner abroad will be prosecuted by the public prosecutor only if so demanded by the Reich Minister of Justice.
The public prosecutor may abstain from the prosecution of a punishable act if for the same act punishment has already been carried out abroad and the sentence to be expected in Germany, after deducting the time served abroad, would not be heavy.
*******
Berlin, 6 May 1940
The Chairman of the Ministerial Council for National Defense
Field Marshal Goering
The Plenipotentiary General for the Administration of the Reich
Frick
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers
TRANSLATION OF DOCUMENT NG-1807PROSECUTION EXHIBIT 626
DECREE OF 11 JUNE 1940 CONCERNING EXECUTION OF PRISON SENTENCES FOR CRIMES COMMITTED IN TIME OF WAR
1940 REICHSGESETZBLATT, PART I, PAGE 877
The Ministerial Council for National Defense decrees the following with legal force for the territory of Greater Germany:
Article 1
(1) If a court martial or an SS and police court sentences a person to hard labor for crimes committed in time of war, or,sentences him, in addition to imprisonment, to loss of the right to bear arms, or loss of civil rights, and if the sentence is to be carried out within the scope of the Reich Administration of Justice, the period spent in prison during the war will not be included in the time of imprisonment. In special cases the judiciary can decide differently.
(2) If a person has within the scope of the Reich Administration of Justice been sentenced to hard labor for a crime committed in time of war, the executing authority should give an order which complies with the legal consequence of article 1, paragraph 1.
(3) The provisions of articles 1 and 2 apply also to prison sentences which have been passed before the effective date of this decree.
(4) Prison sentences which are covered by the provisions of article 1, paragraph 1, or for the execution of which an order according to article 2 is given, will be executed under more strict conditions.
Article 2
The Reich Minister of Justice is authorized to issue the necessary legal and administrative provisions for the carrying out or supplementation of this decree. He may determine that article 1, paragraph 2, should be applied accordingly if imprisonment is to be imposed.
Article 3
This decree applies also in the Incorporated Eastern Territories.
Berlin, 11 June 1940
The Chairman of the Ministerial Council for National Defense
Field Marshal Goering
The Plenipotentiary for the Administration of the Reich
Frick
The Chief of the High Command of the Armed Forces
Keitel
The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers