Chapter XVII: Section IV: Freer Position of the Prosecution

1. Removal of the necessity of proceedings before the investigating judge; Introduction of assistant judges.

The investigating code of criminal procedure is amended as follows:

(a) Article 178 is amended as follows:

Article 178

In those penal cases, which belong to the competency of the People’s Court, the courts of appeal or the courts of assize, a preliminary court investigation is to be held at the request of the prosecution, if the prosecution, according to its own discretion, deems this necessary.

Also, in other penal cases a preliminary court investigation will be held, if the prosecution so requests. The prosecution should make such a request only if extraordinary circumstances require a preliminary court investigation by a judge.

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2. Discretion with regard to victims of blackmail:

As article 154b, the following stipulation is inserted:

Article 154b

If duress has been applied, or blackmail has been committed, by threatening to reveal a criminal act, the prosecution can refrain from prosecuting the act whose revelation has been threatened, if it is required as expiation and for protection of the community of the people.

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Berlin, 28 June 1935

The Fuehrer and Reich Chancellor
ADOLF HITLER

The Reich Minister of Justice
DR. GUERTNER

PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION 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-715
PROSECUTION 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 10
ALTSTOETTER 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 127
SCHLEGELBERGER 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 servants in 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-715
PROSECUTION 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.

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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-715
PROSECUTION EXHIBIT 112

DECREE, 1 SEPTEMBER 1939, CONCERNING EXTRAORDINARY
MEASURES WITH REGARD TO FOREIGN RADIO BROADCASTS

1939 REICHSGESETZBLATT, PART 1, PAGE 1683

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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.

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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-700
PROSECUTION 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-715
PROSECUTION 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.

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