Chapter 51

On account of the lack of honor of which she was convicted, she had to be deprived of her civil rights too. This has been decided for a duration of 2 years.

Taking into consideration the time spent in arrest pending trial: Section 60, Penal Code. Costs: Section 465, Code of Criminal Procedure.

[Signed]Rothaug

Dr. Ferber

Dr. Hoffmann

Certified:

Nuernberg, 23 March 1942

The Registrar of the Office of the SpecialCourt for the district of the Nuernberg Courtof Appeal with the District Court Nuernberg-Fuerth

[Stamp]

District Court

[Illegible signature]

Nuernberg-Fuerth

Justizinspektor

PARTIAL TRANSLATION OF DOCUMENT NG-129PROSECUTION EXHIBIT 355

LETTER FROM DEFENDANT SCHLEGELBERGER AND GREISER, REICH GOVERNOR OF THE WARTHEGAU (POLAND) TO LAMMERS, 15 DECEMBER 1941, STATING THAT GREISER’S AUTHORITY CONCERNING THE EXECUTION OF DEATH SENTENCES AND PARDONING OF POLES AND JEWS IS NO LONGER RESTRICTED

Berlin, 15 December 1941

II a-2-3020/41

To the Reich Minister and Chief of the Chancellery of the Reich

Subject: Letter of the cosignatory Reichsstatthalter of the Reichsgau Wartheland, dated 13 November 1941

Since the cosignatory Reichsstatthalter of the Reichsgau Wartheland has been notified by the cosignatory Reich Minister of Justice, that until further notice, that is for the duration of war, the delegation of authority to the Reichsstatthalter in the Reichsgau Wartheland to order the execution of death penalties against Poles and Jews, as well as for pardoning of Poles and Jews who have been sentenced to death, is no longer restricted, the contents of the communication of 13 November is of no further consequence.

[Signed]Schlegelberger

[Signed]Greiser

Rk 1000 B

TRANSLATION OF DOCUMENT NG-128PROSECUTION EXHIBIT 354

LETTER FROM THE PROVINCIAL PRESIDENT OF UPPER SILESIA TO LAMMERS, 26 JANUARY 1942, REQUESTING THE POWER OF AMNESTY FOR POLES AND JEWS SENTENCED TO DEATH

BK 1279 28 January 1942 [Initial]Fi[Ficker]

Provincial President

Of the Province of Upper Silesia

O. P. I b 3

[Handwritten] on hand RM 1,000 B 1ob

BBT 145Katowice, 26 January 1942HindenburgstrasseTelephone: 34 921

[Initial] Ma 28/1

[Initial] Gg

[Illegible initial]

28/1

To the Chief of the Reich Chancellery

Reich Minister Dr. Lammers

Reich Chancellery

Berlin

Dear Reich Minister:

The decree of 4 December 1941, 1b (Reich Law Gazette I, p. 759), concerning penal measures against Poles and Jews in the Incorporated Eastern Territories aims at punishing quickly and effectively criminal acts committed by Poles and Jews within the Incorporated Eastern Territories. Its success, however, is doubtful as long as it is necessary to obtain a decision from the Reich Minister of Justice before granting amnesties [Gnadenrecht] to Poles and Jews sentenced to death. In view of the peculiar criminal and political situation in Upper Silesia, which is marked by the growing Polish resistance movement, such delays—especially in wartime—are intolerable.

I therefore request you to take steps to have transferred to the power of granting amnesties—at least for the duration of the war—to Poles and Jews within the province of Upper Silesia who have been legally sentenced to death.

I should like to point out especially that according to an article in the periodical “Deutsches Recht,” 1941, (p. 2472), the Gauleiter and Reichsstatthalter in the Reichsgau Wartheland [Greiser][358]has already been granted similar powers.

Heil Hitler!

Yours

[Signed]Bracht

N 89 Justice 12

TRANSLATION OF DOCUMENT NG-126PROSECUTION EXHIBIT 356

LETTER FROM DEFENDANT SCHLEGELBERGER TO LAMMERS, 26 MAY 1942, TRANSMITTING A COPY OF SCHLEGELBERGER’S DECREE DELEGATING THE RIGHT TO PARDON POLES AND JEWS TO REICH GOVERNORS AND PROVINCIAL PRESIDENTS

[Stamp]

Reich Chancellery 7996B-2 June 1942

[Initial]Fi[Ficker]

1 enclosure

Reich Minister of Justice

9170 East /2—IIa-2-1054/42

Berlin W 8, 26 May 1942Wilhelmstrasse 65Telephone: 11 00 44Long distance: 11 65 16

[Initial]Kr[Kritzinger]

To the Reich Minister and Chief of the Reich Chancellery

Subject: Delegation of the right of pardon in the case of Jews and Poles

Reference: Letter of 16 March 1942—Reich Chancellery 2477 B.

1 enclosure

I enclose for your information a copy of my decree of 28 May 1942, by which I, in agreement with the Reich Minister and the Chief of the Presidential Chancellery, delegated the exercise of the right of pardon in the case of Poles and Jews sentenced by general courts in the Incorporated Eastern Territories to the Reich governors and provincial presidents of these provinces for the duration of the war.

The Acting Minister

[Signed]Dr. Schlegelberger

[Handwritten notes]

1. Submitted to the Reich Minister.

[Initial] L [Lammers] 6 June

2. File!

[Initial]Kr[Kritzinger] 3 June

[Initial] F [Ficker] 2 June

[Decree delegating Right to pardon Poles and Jews to Reich Governors and Provincial Presidents]

I delegate for the duration of the war the exercise of the right to pardon Poles and Jews sentenced by the general courts in the Incorporated Eastern Territories (including the Special Courts), as far as the Fuehrer has delegated it to me and no other delegation has yet been made by me, to the Reich governors (attorneys general) each for his respective province, in the Reich provinces of Wartheland and Danzig-West Prussia and the provincial presidents of the provinces of Upper Silesia and East Prussia.

Berlin, 28 May 1942

The Acting Reich Minister of Justice

[Signed]Dr. Schlegelberger

(Seal)

to 9/70 East /2—II a-2-1054/42

7886 B 341357

TRANSLATION OF DOCUMENT NG-744PROSECUTION EXHIBIT 500

LETTER FROM THE REICH MINISTRY OF JUSTICE, SIGNED BY FREISLER, TO PRESIDENTS OF DISTRICT COURTS OF APPEAL AND OTHERS, 7 AUGUST 1942, CONCERNING “POLES AND JEWS IN PROCEEDINGS AGAINST GERMANS”

The Reich Minister of Justice

4110-IV a-4-1586

Berlin W 8, 7 August 1942Wilhelmstrasse 65Telephone: 11 00 44Long distance: 11 65 16

To the

Presidents of the District Courts of Appeal,

Attorneys General at the District Courts of Appeal

For information to:

(a) The Presidents of the Reich Supreme Court and of the People’s Court,

(b) The Chief Reich Prosecutors at the Reich Supreme Court and at the People’s Court.

Subject: Poles and Jews in proceedings against Germans

Enclosures: Copies for the Presidents of the District Courts, Chief Public Prosecutors, Local Courts, and Public Prosecutors at the Local Courts

The Penal Ordinance for Poles of 4 December 1941[359](Reichsgesetzblatt I, p. 759) was intended not only to serve as a criminal law against Poles and Jews, but beyond that also to provide general principles for the German administration of law to be adopted in all criminal proceedings against Poles and Jews irrespective of the role which the Poles and Jews play in the individual proceedings. The regulations of article IX, for instance, accordingto which Poles and Jews are not to be sworn in apply to proceedings against Germans as well.

I have found that the special legal status of the Poles and Jews who are subject to the penal ordinance for Poles is not always taken into account. Reference is therefore made to the following points:

1. Proceedings against Germans should be carried on whenever possible without calling Poles and Jews as witnesses. If, however, such a testimony cannot be evaded, the Pole or Jew must not appear as a witness against the German during the trial, he must always be interrogated by a judge who has been appointed or requested to do so, (art. II, par. 1 of the Order for Execution of 31 Jan. 1942[360]—(Reichsgesetzblatt I, p. 52)).

2. Evidence given by Poles and Jews during proceedings against Germans must be received with the utmost caution especially in those cases where other evidence is lacking. I request that the Fuehrer order published in my circular decree of 3 September 1941-4103-II a-2-2041/41 concerning the interrogation of enemy subjects be applied to Poles and Jews as well.

3. Proceedings against Germans on the basis of charges preferred by Poles and Jews are only justified if sufficient proof is available that such a charge is well founded and if paragraph 153 of the Code of Criminal Procedure appears to be nonapplicable right from the beginning. As a rule, a thorough interrogation of the person preferring charges will have to take place first. The public prosecutor will also limit his application to the police in the same way. Coercive measures against the accused German as well as his official interrogation should in every case be undertaken only if the suspicion that the German has committed a serious offense has been sufficiently substantiated.

No information about the result of the proceedings is to be given to a Pole or Jew who has preferred charges against a German.

As deputy:

[typed] Signed:Dr. Freisler

Certified.

[Signed]Kanniess

Senior clerk of Ministerial Chancellery

[Stamp]

Reich Ministry of Justice

Office of the Minister

TRANSLATION OF DOCUMENT 662-PSPROSECUTION EXHIBIT 263

NOTES OF THE REICH MINISTRY OF JUSTICE ON A CONFERENCE OF 9 OCTOBER 1942 ON TRANSFER OF CONVICTS AND “ASOCIALS” IN VARIOUS CATEGORIES TO THE AFRICA BRIGADE, SPECIAL COMMANDOS IN THE EAST, AND TO HIMMLER

Copy

Conference on 9 October 1942

SECRET

I. AFRICA BRIGADE

The Fuehrer has ordered the formation of an Africa Brigade composed of members of the age groups 1908 and younger who had hitherto been classified as unworthy of military service. The military unworthy assigned to the brigade in the African theater should be given the opportunity to redeem themselves, and thereby obtain permanent military worthiness. Those called up by virtue of the Fuehrer’s orders are to be classified as military worthy for the duration of their military service.

For the execution of the Fuehrer’s order, the High Command of the Armed Forces has issued the order of 2 October 1942—Az 12 i 10.34 AHA/Ag/E(Ia)—Nr.550/42 g Kdos (top secret). Accordingly, the following will be called up:

1. Military unworthy German citizens of the age group 1908 or younger who have been sent to the penitentiary for 3 years or less and have not been penalized for the same or similar offenses either before or after the original offense.

2. Military unworthy German citizens of the same age group who have been sentenced to the penitentiary for 3 to 5 years for a first offense, and have no previous or later sentences.

3. Military unworthy German citizens of the same age group who have been sentenced to the penitentiary for 3 years (ref. par. 1)andwho still areserving their sentences, in case they have served 1 year with good conduct.

Concerning paragraphs 1–3, those called up must be fit for field and tropical service. Individuals with homosexual tendencies, or who were punished for high treason, or have been ordered to be held in custody for security reasons, or to be castrated are not to be called up. For those unfit to serve who have been sentenced to and have served up to 1½ years in the penitentiary and have otherwise served sentences for only minor offenses, the restoration of military worthiness will continue as a rule through thepardon channels. These may, as usual, be placed in various units of the army.

The measures necessary in the administration of justice according to this order are put into effect—

Pardon proceedings instigated by the local recruiting authorities on behalf of those sentenced who belong to the age groups of 1908 and younger will not as a rule be continued. The armed forces replacement offices concerned will be informed by the pardoning authorities, to desist from further processing of these requests by order of the High Command of the Armed Forces. Exceptions are proceedings against those, who have been sentenced up to 1½ years’ penitentiary (see above). These proceedings will be acted upon in the manner heretofore customary, and if need be, presented to the Reich Minister of Justice for decisions.

The attorneys general will issue a report on the number of convicts who are still in confinement who come under this category for induction. They will simultaneously compile lists which will contain personal particulars of those persons sentenced (name, birth-date and town, occupation, sentence, expiration date, behavior, etc.). The list will be sent to the army office concerned. The named prisoners will await the army’s call.

II. SPECIAL COMMANDOS IN THE EAST

The Reich Marshal has expressed the wish to have convicts made available to be used as special commandos in the East, and to carry out sabotage behind the enemy’s lines. He refers to convicts who strayed off the straight and narrow and have not committed especially dishonorable deeds, for whose person and deed one may have human understanding. Especially suited are poachers who out of a passion for hunting have trespassed, and smugglers who have risked their lives in battle on the borders against the custom officials.

The poachers are already being turned over to the Reich Leader SS for special duties. The number of smugglers who come under consideration is exceptionally small. A telephonic questioning of the 13 district attorneys located on the borders of the Reich, disclosed only 2 suitable smugglers in confinement and three are being investigated. In the case of the latter, the citizenship is doubtful. There are no similar groups of convicts for this task who could make any difference in amounts. Under these circumstances it appeared practical to give the attorneys general the general task of obtaining the convicts, appropriate for this purpose, and reporting them. Prerequisites are, voluntary enlistment, physical fitness for military service, age 18 to 45 years, confinementof at least 1 year for a deed not especially dishonorable. The following are exceptions:

a.Foreigners, stateless persons, those of non-German blood.

b.Persons who have been punished because of homosexuality or high treason, or against who imprisonment for security reasons or castration has been ordered.

The appropriate request to the attorneys general has been made. The reports are expected before 25 October 1942. They are being checked in the Reich Ministry of Justice. The names of those convicts appearing suitable according to this will be made known to the Reich Marshal. Insofar as they fulfill also the prerequisites for induction into the Africa Brigade, a corresponding reference will be necessary.

III. DELIVERY OF ASOCIAL CONVICTS

[Asoziale Strafgefangen]

Persons in penal institutions designated as asocial persons by judicial decision are to be turned over to the Reich Leader SS.

1.Persons in custody for reasons of security—Persons in custody for reasons of security who are in German penal institutions will be put at the disposal of the Reich Leader SS. The execution of sentence will be regarded as interrupted by the delivery.

In detail the following principles should govern proceedings:

a.Persons under court martial sentences will not be delivered. Prisoners sentenced by former Polish courts or by courts of the Government General, will be transferred; before this, however, agreement with the Governor General will be obtained. The workhouse according to Austrian law is not equivalent to security custody [Sicherungsverwahrung].

b.Whether women are also to be delivered is still doubtful. This question will be discussed with SS Gruppenfuehrer Streckenbach. In this regard it will have to be a fundamental point from the beginning that in the case of female Poles, Jews, and gypsies no doubt about the delivery can exist.

c.Foreigners are not affected. Poles, Russians, Ukrainians, Jews, gypsies do not rank as foreigners, however, Latvians, Estonians, do. Czechs sentenced by German courts will be handled like Germans.

d.The sick will be delivered, as soon as they are able to be transported. The question whether prisoners in penal institutions who according to the opinion of the institution are insane should be delivered will be discussed with SS Gruppenfuehrer Streckenbach.

e.The delivery of persons in custody for security reasons will take place as a matter of basic principle also in the case of such prisoners who on account of age or for other reasons no longer seem dangerous. An exception will be made only in the case of persons in security custody, in whose case the institution is convinced that because of their favorable development they can be released within a predictable time. These cases will be laid before section XV for individual checking.

f.Persons sentenced who are still serving penitentiary sentences, but who in addition have been sentenced to security custody, will be put at the disposal of the Reich Leader SS.

g.When delivering prisoners it must be taken into account that the production of industries important to defense should suffer no stoppages. Insofar as necessary workers to replace them must be trained first.

h.The question, to whom the delivery will be made, will be discussed with SS Gruppenfuehrer Streckenbach.

i.In the immediate future only persons who have received final judgment will be taken; the decision on future sentences is in abeyance. For the reception of persons sentenced later, individual institution will be designated, the number of which is to be limited as much as possible.

2.Jews, gypsies, Russians, and Ukrainianswill be delivered to the Reich Leader SS without exception.

3.Poles—Ethnic Poles who are subject to the Polish criminal law regulations or have been delivered to the Polish penal authorities and who have more than 3 years’ sentence to serve will be delivered to the Reich Leader SS.

Poles with smaller sentences will remain in custody of the prison system. After serving their sentences they will be reported by name to the police just the same.

4.Penitentiary prisoners—Penitentiary prisoners of the German and Czech ethnic groups, who are sentenced to a punishment of over 8 years, will be individually checked to see whether they are according to their personality, asocial, i.e., whether they will be worthless forever to the nation. If the answer to this question is affirmative, they will be delivered to the Reich Leader SS.

The check-up will be undertaken in section XV (Vice President of the People’s Court Engert, Oberregierungsrat, Hupperschwiller, Chief Public Prosecutor Meyer). Vice President Engert will regulate the technical execution. The decisions in individual cases are incumbent upon him. Special cases will be reported to the Reich Minister of Justice.

The guiding principles for those in security custody (III, 1) are valid, and furthermore the following is to be observed in this regard.

On the treatment of Czechs sentenced by courts in the Protectorate a conversation with the Reich Protector is necessary. The question whether Alsatians and Lorrainers who have been sentenced in Alsace and Lorraine should be taken must be cleared by negotiation with the chiefs of the civil administration.

Persons originally sentenced to death whose sentences have been commuted to penitentiary sentences over 8 years fall under the scope of the action, insofar as they are regarded as asocial. Under this requirement those sentenced persons are also included who have close relatives in the field, and prisoners for whom, because of their commitment in the removal of aerial bombs, a later commutation is contemplated.

On the treatment of persons sentenced who are lodged in curative or medical institutions, negotiations with SS Gruppenfuehrer Streckenbach must be undertaken.

[typed] Signed:Dr. Crohne

13 October

TRANSLATION OF DOCUMENT NG-558PROSECUTION EXHIBIT 143

LETTER FROM REICH MINISTER OF JUSTICE THIERACK TO BORMANN, 13 OCTOBER 1942, CONCERNING THE “ADMINISTRATION OF JUSTICE AGAINST POLES, RUSSIANS, JEWS, AND GYPSIES”

T 459

The Reich Minister of Justice

Berlin, 13 October 1942

[Handwritten] Dispatched 13/10.

[Initials]Kue[Kuemmerlein]

To Reichsleiter Bormann

Fuehrer Headquarters

Subject: Administration of criminal justice against Poles, Russians, Jews, and gypsies

Dear Reichsleiter:

With a view to freeing the German people of Poles, Russians, Jews, and gypsies, and with a view to making the eastern territories incorporated into the Reich available for settlements ofGerman nationals, I intend to turn over criminal proceedings against Poles, Russians, Jews, and gypsies to the Reich Leader SS. In so doing I work on the principle that the administration of justice can only make a small contribution to the extermination[361]of members of these peoples [Angehoerige dieses Volkstums auszurotten]. Undoubtedly the administration of justice pronounces very severe sentences on such persons, but that is not enough to constitute a material contribution toward the realization of the above-mentioned aim. Nor is any useful purpose served by keeping such persons in German prisons and penitentiaries for years, even if they are utilized as labor for war purposes as is done today on a large scale.

I am, on the other hand, of the opinion that considerably better results can be accomplished by surrendering such persons to the police, who can then take the necessary measures unhampered by any legal criminal evidence. I start from the principle that such measures seem entirely justified in wartime, and that certain conditions which I consider essential are fulfilled. These conditions consist in the prosecution of Poles and Russians by the police only if they resided until 1 September 1939 in the former state territory of Poland or the Soviet Union; and secondly, that Poles who were registered as being of German descent will continue to be subjected to prosecution by the administration of justice as before.

On the other hand, the police may prosecute Jews and gypsies irrespective of these conditions.

But no changes whatsoever are to be made in regard to the prosecution of other foreign nationals by the administration of justice.

The Reich Leader SS, with whom I discussed these views, agrees with them. I also informed Dr. Lammers.

I submit this matter to you, dear Reichsleiter, with the request to let me know whether the Fuehrer approves this view. If so, I would then make my official recommendations through Reich Minister Dr. Lammers.

[Handwritten] After one week.

[Initial] Kue [Kuemmerlein] 10/19, 10/26

Heil Hitler!

yours

[Initial]Th[Thierack]

PARTIAL TRANSLATION OF DOCUMENT NG-787PROSECUTION EXHIBIT 507

LETTER OF THE REICH MINISTRY OF JUSTICE TO LEADING JUDGES AND PROSECUTORS, 4 APRIL 1944, TRANSMITTING A REPORT OF THE REICH STATISTICAL BUREAU ON “CRIMINALITY IN THE GREATER GERMAN REICH IN THE YEAR 1942,” EXCLUSIVE OF CASES HANDLED BY THE PEOPLE’S COURT

The Reich Minister of Justice

4206 III a-4-446

Berlin W 8, 4 April 1944Wilhelmstrasse 65Phone: 110044out of town: 116516

To the Presidents of the Reich Supreme Court and the People’s Courts

To the Presidents of the Districts Courts of Appeal and theChief Reich Prosecutorsat the Reich Supreme Court and the People’s Court,as well as the Public Prosecutors at the Courts of Appeal

Subject: Development of criminality

1 enclosure: 1 copy each of the enclosed report regarding criminality in the Greater German Reich in the year 1942

I am enclosing one copy of the report regarding criminality in the Greater German Reich. Please acknowledge and treat confidentially.

By order:

[Typed] Signed:Grau

Certified: [Signed]Seemann

Judicial Clerk

[Stamp]

Reich Ministry of Justice

Ministerial Chancellery

[Handwritten] To Under Secretary Dr. Klemm

Reich Statistical Bureau

Keep under lock and keyOnly for official use.Publication not permitted

Criminality in the Greater German Reich in the year 1942

1. Total result

Since 1 January 1942 the Reich statistics of criminality comprise territorially the area of the Greater German Reich with the exception of the Alpine and Danube Gaue where the criminal law of the Reich as the exclusive basis of the statistics of criminalityin the Reich, has not yet been introduced in its totality. As topersons, the statistics of criminality in the Reich enumerate separately—

a.German nationals and aliens (aliens too will be enumerated separately from 1 January 1943 on).

b.Members of the Protectorate.

c.Poles and Jews sentenced on the basis of the Penal Ordinance for Poles.

d.Other racial Jews.

Taking these individual groups together, atotalof 457,129 persons weresentenced[362]with legally binding effect in the Greater German Reich for crimes and offenses against laws of the Reich (not counting sentences for crimes and offenses against laws of the Reich falling under the jurisdiction of the People’s Court) that is, 9.4 percent more than in the year 1941 (417,923). The number of personsconvictedwith legally binding effect amounts to 417,001—91.2 percent of the total number of persons accused; 1941 [amounted] to 377,072—90.2 percent. Punishment was inflicted on 372,502 persons convicted (1941: 346,105)—89.3 percent (91.8 percent) and punishment and corrective measures on 2,449 (3,082)—0.6 percent (0.8 percent).

Of 29,305 (1941: 30,540) persons sentenced 6.4 percent (7.3 percent) wereacquitted. In addition corrective measures were decreed in the case of 139 (134) defendants who were acquitted, in the case of 487 (495) corrective measures were decreed independently, and in the case of 35 (54) persons a motion to decree corrective measures independently was refused.

In 10,162 cases (2.2 percent) compared with 9,628 (2.3 percent) in the previous year,proceedings were quashedby the court.

In the year reported on 84,318—20.2 percent of the total number of persons convicted, compared with 92,546—24.5 percent in the year 1941, were persons who had beenpreviously convictedof crimes or offenses against laws of the Reich.

Total number of persons convicted—

Thus, the proportion of crimes and offenses in violation of the Reich Penal Code decreased from 1941 to 1942, whereas the proportion of those in violation of other laws of the Reich increases as a result of the growing number of violations of wartime penal legislation.

Detailed information concerning the extent of criminal acts in 1942,important for reasons of criminal policy as well as numericallycompared with the previous year, is furnished in the chart [1] below.

Thus, we find anincrease, to a more or less considerable degree, in the following crimes: abortion (+6.7 percent), larceny and aggravated larceny (+15.6 percent and +27.8 percent resp.), and receiving of stolen goods (+34.9 percent). The three last namedcriminal acts, the most important of which are directed against property, constitute approximately 50 percent of all crimes and offenses against the Reich Criminal Code recorded for this year. The same offenses constituted only 43.2 percent of the total in 1941. Cases of forgery of public instruments also show an increase (+23.6 percent), partly in consequence of the forging of the numerous identity cards and papers necessitated by the government control of economy. Offenses by breach of official duties, likewise, have increased in number (+11.9 percent). The increase of cases pertaining to the decree against people’s parasites is particularly noticeable (+66.1 percent).

On the other hand, all categories of sexual crimes havedecreasedin number (-22.3 percent), particularly unnatural sexual offenses (-29.6 percent) and indecent assault on persons under 14 years of age (-21.9 percent). Decreases are also recorded for the various types of willful bodily injury (-24.9 percent), for the two capital crimes, murder and manslaughter (-18.2 percent and -21.9 percent resp.), among the crimes against property, embezzlement (-7.4 percent), for both robbery and extortion equivalent to robbery (-38 percent) as well as extortion (-31.1 percent) to a considerable extent, and, furthermore, for fraud (-22.8 percent). The decline in the number of convictions arising from crimes of violence (-6.7 percent) is also notable.

Sentencesimposed in 1942 (1941) (this covers both fines and imprisonment) are as follows: 2,199 (1,085) death sentences, 20,104 (15,981) limited sentences of penitentiary [Zuchthaus] (including severe penal camp), 194,386 (162,768) sentences of imprisonment (including ordinary penal camp) and 162,158 (170,254) fines.

A comparison between this and last year’s criminal statistical data for individual groups cannot be drawn because of the introduction of a revised system of enumeration, previously mentioned, that went into effect 1 January 1942. Until then the Reich criminal statistics had not yet provided such an analysis of individual groups.

2. Ethnic members of the German national community and foreigners

a.Sentences

In 1942 a total number of 378,670 persons, both ethnic members of the German national community as well as foreigners were legally sentenced within the Greater Reich for crimes and offenses against Reich laws (not including sentences for crimes and offenses against Reich laws falling within the jurisdiction of the People’s Court). Of these, 341,540, or 90.2 percent were legallyconvicted.Penalties alone were imposed on 297,324, or 87.1 percent of those convicted, whereas both penalties and measures of security and reform were imposed on 2,332 or 0.7 percent. The number of convicted persons, punishment for whom was set aside in accordance with the juvenile court law amounts to 2,911 or 0.8 percent. However, for the vast majority of these cases measures of reform were ordered and these amounted to 10,233 according to this year’s record. Juvenile detention was ordered in the case of 37,717 defendants, which means 11 percent of all convicted ethnic members of the German community (and foreigners), and 71.9 percent of the total number of juveniles within this particular group who were subject to a penalty. In addition, prison sentences of indefinite duration were imposed on 1,256 juveniles.

For the recorded year 26,544 defendants or 7 percent of the total number, were acquitted. Besides, in 135 instances acquittal was granted along with measures of security and reform, in 475 cases such measures alone were imposed, and in 35 cases motions for measures of security and reform were rejected.

Proceedingswerequashedby courts in 9,941 cases, representing 2.6 percent of the total of persons brought to trial.

212,410 or 62.2 percent of the total of convictions of German nationals (including foreigners) in 1942, represent crimes and offenses in violation of the Reich Penal Code and 129,130 or 37.8 percent represent crimes and offenses in violation of other laws of the Reich.

b.Personal Data on Convicted Persons

Of convicted German nationals (and foreigners) 116,754 or 34.2 percent in 1942, werefemaleand 52,423 or 15.3 percent werejuveniles(ranging in age from 14 to 18). The age group of 18 to 21, normally representing the heaviest criminal quota, participates in the total of convictions only with a number of 34,401 delinquents or 10.1 percent, due to the drafting of many of these age brackets. The number of persons alreadypreviously convictedfor crimes and offenses against laws of the Reich amounts to a total of 77,322 or 22.6 percent of whom 18,478 or 23.9 percent had more than 4 previous convictions. 36,419 of the convicted persons or 10.7 percent were foreigners, of whom 3,064 or 8.4 percent represented juveniles.

c.Individual Criminal Acts

Chart 1 A[363]affords a view into the criminal structure of 1942. According to this, the various acts of theft form, as previously, the greater part of the total of convictions (91,476 or 43.1 percent;all of whom are persons convicted for crimes and offenses in violation of the Reich Penal Code). If one disposes of insult as a petty and civil offense (13,516 or 6.4 percent), there follows—though at a greater interval—the other two significant offenses against property, i.e., fraud (11,567 or 5.4 percent) and receiving stolen goods (12,115 or 5.7 percent). The fifth place is accorded to sexual offenses (10,205 or 4.8 percent) among which the indecent assaults on persons under 14 as well as sodomy and bestiality (32.7 percent and 26.2 percent resp.) represent comparatively the greater share of all sexual crimes and offenses. Then follow again two offenses against property, i.e., embezzlement (9,328 or 4.4 percent) and forgery of documents (8,628 or 4.1 percent).

In major crimes, murder participates with 117 convictions; manslaughter with 101, and robbery together with extortion equivalent to robbery with 147 delinquents.

If one arranges the above discussed, numerically significant criminal acts in accordance with convictedadultsandjuvenilesthe following results: Of the total number of adult and juvenile persons convicted for crimes and offenses in violation of the Reich Penal Code, the percentage is as follows:

In petty and aggravated larceny together, the number of crimes represent approximately two-thirds for juveniles and slightly less than four-tenths for adults.

Due to enactment of laws pursuant to war exigencies, the following other crimes and offenses deserve mentioning: They are arranged in order of the number of their convictions.

d.Sentences pronounced

Chart No. 2[364]gives the particulars about thesentences pronounced.

According to it, in 1942, 1,061death sentenceswere pronounced, among them 18 against juveniles. 15,830 defendants were sentenced to terms inpenitentiary for definite periods of time, of them 6,543 or 41.3 percent to a period of 3 years and more, 56 terms in penitentiary for a definite period of time were pronounced against juveniles.

Of the total number ofterms of imprisonmentamounting to 143,685—in the year reported on short-term sentences formed 41.5 percent of them, these of medium length 47.3 percent, long-term imprisonments 10.3 percent, and these of undefined length 0.9 percent.

Fineswere imposed in 141,464 cases. Detention was pronounced in 378 cases.

In 1942 juvenile arrest was pronounced against 37,717 juveniles, i.e., against 71.9 percent of the total number of juvenile delinquents, among them were 25,562 arrests or 67.8 percent for a definite period of time. The proportion of chronologically defined terms of imprisonment of more than 2 weeks to the total number of arrests is 51.5 percent. 12,155 or 32.2 percent of the juveniles were sentenced to weekend incarceration, and among them 23.6 percent to the loss of three and four of their weekly off-times.

Of theprotective and reformative measuresdescribed in article 42a of the Reich Penal Code, the following have been decreed with legally binding effect in 1942:

In greater detail in the period reported on protective and reformative measures were decreed e.g., in the case of convictions for indecent assault on persons under 14 years of age; 232 times or 7.0 percent of the persons convicted for the offenses in question; for repeated petty larceny, 334 times or 7.4 percent; for repeated aggravated larceny, 195 times or 25.1 percent; and for repeated fraud, 271 times or 20.2 percent.

3. Other Groups of Persons

The following gives detailed particulars concerning the number of Protectorate Nationals, Poles and Jews, as well as racial Jews brought to trial in Greater Germany (exclusive of the Alpine and Danube Gaue) in 1942.

The figures given above concerning theconvictionsof Poles and Jews, refer exclusively to convictions according to the Penal Ordinance for Poles, that is to say, mainly to such crimes which have been committed in the Incorporated Eastern Territories. However, crimes are also included which have been committed in other districts of the German Reich by Jews and Poles, who on 1 September 1939 had their residence or permanent abode in the territory of the former Polish state (No. XIV of the Penal Ordinance for Poles).[365]

Contrary to expectations, thequotaof Poles and Jewspreviously convictedis low; this can first of all be explained by the fact that some of the criminal records were destroyed in the eastern territories; furthermore that during the fighting in autumn 1939, the Poles opened the doors of the penitentiaries and released dangerous criminals who, in most cases, turned criminals again and were brought before the German summary courts; a great number of those retaken, against whom fresh violations of the law could not directly be proved, were sent to concentration camps as a preventive measure. In both instances, therefore, persons who had previous convictions were thus omitted from the census of criminal statistics. Taking these points into consideration, the quota of Poles and Jews previously convicted has still to be regarded as comparatively high.

Particulars concerning the most importantpunishableactions, committed by the above mentioned groups of persons which have led to a conviction, can be obtained from chart I B.

With regard to the penalties imposed upon them by the courts a total of 1,138 Protectorate Nationals, Poles, and Jews, as well as Jews by race were sentenced to death during the current year according to chart 2. These figures include 930 Poles and Jews sentenced under the crimes ordinance for Poles. The total numberof penal servitude sentences, imposed for limited periods of time, against Protectorate Nationals and Jews by race amounts to 2,237 and the jail sentences amount to 7,321. By virtue of the criminal ordinance for Poles the sentence of penal camp for hard labor was imposed in 2,017 cases and that of regular penal camp in 43,180 cases.

The totalfinesimposed, amount to 20,694.

85 defendants had theirproperty confiscated.

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Chart 2Punishments meted out in the year 1942 on account of crimes and offenses against Reich laws

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