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-128
PROSECUTION 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 145
Katowice, 26 January 1942
Hindenburgstrasse
Telephone: 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
N 89 Justice 12 [Signed] BRACHT
TRANSLATION OF DOCUMENT NG-126
PROSECUTION 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 1942
Wilhelmstrasse 65
Telephone: 11 00 44
Long 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-744
PROSECUTION 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 1942
Wilhelmstrasse 65
Telephone: 11 00 44
Long 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, according to 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-PS
PROSECUTION 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) _and_
who still are _serving 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 the pardon 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, confinement of 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 Ukrainians_ will 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-558
PROSECUTION 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 of German 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-787
PROSECUTION 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 1944
Wilhelmstrasse 65
Phone: 110044
out 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 the
Chief Reich Prosecutors
at 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
[Stamp] Judicial Clerk
Reich Ministry of Justice
Ministerial Chancellery
[Handwritten] To Under Secretary Dr. Klemm
Reich Statistical Bureau
_Keep under lock and key_
_Only 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 criminality in the Reich,
has not yet been introduced in its totality. As to _persons_, 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, a _total_ of 457,129 persons
were _sentenced_[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 persons _convicted_
with 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)
were _acquitted_. 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 quashed_ by 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 been _previously convicted_ of crimes or
offenses against laws of the Reich.
Total number of persons convicted--
------------------------------------+---------------+---------------
| 1941 | 1942
+-------+-------+-------+-------
|Number |Percent|Number |Percent
------------------------------------+-------+-------+-------+-------
I. Crimes and offenses in violation | | | |
of the Reich Penal Code |232,888| 61.8 |240,473| 57.7
| | | |
II. Crimes and offenses in violation| | | |
of other laws of the Reich |144,184| 38.2 |176,528| 42.3
------------------------------------+-------+-------+-------+------
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 numerically_
compared with the previous year, is furnished in the chart [1] below.
-----------------------------+---------------------------+---------------------------
| 1941 | 1942
+--------------+------------+--------------+------------
| Total number | Persons | Total number | Persons
| of persons | previously | of persons | previously
| sentenced | convicted | sentenced | convicted
| | among them | | among them
-----------------------------+--------------+------------+--------------+------------
Sexual crimes and offenses | | | |
against morality | 13,591 | 4,544 | 10,588 | 3,074
Thereunder-- | | | |
Sodomy and bestiality | 3,963 | 1,522 | 2,790 | 936
Indecent assault on | | | |
persons under 14 | | | |
years of age | 4,374 | 1,364 | 3,415 | 964
Murder | 187 | 50 | 153 | 42
Manslaughter | 151 | 37 | 118 | 25
Abortion | 2,993 | 482 | 3,193 | 425
Slight, dangerous, and | | | |
serious bodily injury | 13,353 | 3,439 | 10,024 | 2,215
| | | |
Larceny, also in the case | | | |
of repeated offenses | 77,556 | 21,675 | 89,656 | 21,188
| | | |
Aggravated larceny, also | | | |
in the case of repeated | | | |
offenses | 12,192 | 3,936 | 15,587 | 3,776
| | | |
Embezzlement | 10,987 | 4,129 | 10,179 | 2,968
| | | |
Robbery, also in the case | | | |
of second offenders and | | | |
extortion equivalent to | | | |
robbery | 300 | 104 | 186 | 59
| | | |
Extortion | 512 | 182 | 353 | 102
| | | |
Receiving stolen goods, | | | |
also in the case of | | | |
repeated offenses | 10,956 | 2,329 | 14,778 | 2,619
| | | |
Simple fraud, also in the | | | |
case of repeated offenses | 16,258 | 8,005 | 12,551 | 5,266
| | | |
Forgery of Public Documents, | | | |
etc. | 8,052 | 2,075 | 9,952 | 2,069
| | | |
Arson | 121 | 23 | 119 | 20
| | | |
Major and minor crimes by | | | |
breach of official duties | 2,208 | 354 | 2,471 | 311
| | | |
Crimes and offenses against | | | |
the law concerning | | | |
dealings with food, etc. | | | |
(Adulteration of foods) | 3,433 | 668 | 2,801 | 557
| | | |
Law concerning fire arms | 1,626 | 304 | 1,317 | 206
| | | |
Law for the protection of | | | |
German blood and German | | | |
honor (race pollution) | 189 | 86 | 109 | 46
| | | |
Decree against people’s | | | |
parasites | 3,822 | 1,941 | 6,349 | 2,602
| | | |
Decree concerning Crimes of | | | |
Violence | 282 | 149 | 263 | 131
-----------------------------+--------------+------------+--------------+------------
Thus, we find an _increase_, 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 named
criminal 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 have _decreased_ in
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.
_Sentences_ imposed 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 legally _convicted._
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.
_Proceedings_ were _quashed_ by 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, were _female_ and 52,423 or 15.3 percent were
_juveniles_ (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 already _previously convicted_ for 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 convicted _adults_ and _juveniles_
the 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:
--------------------------------+----------+------------
| Adults | Juveniles
--------------------------------+----------+------------
Petty larceny | 33.8 | 49.3
Aggravated larceny | 3.8 | 17.5
Embezzlement | 4.8 | 2.7
Receiving stolen goods | 6.4 | 2.5
Fraud | 6.0 | 2.8
Forgery of Public Documents | 4.1 | 3.8
Sexual crimes and offenses | 4.7 | 5.1
--------------------------------+-----------------------
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.
Persons
convicted
with legally
binding
effect
Penal ordinances relating to the rationing of
consumer goods of 5 April 1940 18,565
Decree amending the penal code for the protection of
the military power of the German nation of 25
November 1939 9,263
Amongst them: prohibited contact with prisoners of
war (article 4) 9,103
War Economy Decree of 4 September 1939 8,097
Decree against people’s parasites of 5 September 1939 5,029
Decree, subject: special measures concerning foreign
broadcasts of 1 September 1939 985
Decree relating to crimes of violence of 5 December
1939 194
_d._ Sentences pronounced
Chart No. 2[364] gives the particulars about the _sentences
pronounced._
According to it, in 1942, 1,061 _death sentences_ were pronounced,
among them 18 against juveniles. 15,830 defendants were sentenced to
terms in _penitentiary 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 of _terms of imprisonment_ amounting 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.
_Fines_ were 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 the _protective and reformative measures_ described in article
42a of the Reich Penal Code, the following have been decreed with
legally binding effect in 1942:
Placing into a lunatic asylum 906
Placing into a reformatory institution for alcohol addicts 90
Placing into a workhouse 400
Protective custody 1,414
Sterilization of dangerous sexual offenders 152
Ban on the exercise of trade or profession 298
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.
-----------------------------------------+-------------+---------+------
|Protectorate | Poles |Racial
| Nationals |and Jews | Jews
-----------------------------------------+-------------+---------+------
Persons brought to trial | 13,060 | 63,786 | 1,613
Juveniles brought to trial | 482 | 5,169 | 44
Percentage of persons brought to trial | 3.7 | 8.1 | 2.7
| | |
Convicted persons | 12,117 | 61,836 | 1,508
Percentage of persons brought to trial | 92.8 | 96.9 | 93.5
| | |
Acquitted | 871 | 1,816 | 74
Percentage of persons brought to trial | 6.7 | 2.8 | 4.6
| | |
Persons previously convicted | 2,493 | 4,237 | 266
Percentage of total convicted | 20.6 | 6.9 | 17.6
Persons with more than 4 previous | | |
convictions among these | 766 | 593 | 43
Percentage of previously convicted | 30.7 | 14.0 | 16.2
-----------------------------------------+-------------+---------+------
The figures given above concerning the _convictions_ of 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, the _quota_ of Poles and Jews _previously
convicted_ is 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 important _punishable_ actions,
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 number of 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 total _fines_ imposed, amount to 20,694.
85 defendants had their _property confiscated_.
* * * * * * *
_Chart 2_
_Punishments meted out in the year 1942
on account of crimes and offenses against Reich laws_
---------------------------+----------------------------------------------
| Punishments[366] meted out to--
|
+----------------+------------+---------+------
Sentences |German Nationals|Inhabitants |Poles[367]
|(and Foreigners | of the | and |Racial
| Total of this |Protectorate| Jews | Jews
| total to | | |
| juveniles | | |
---------------------------+--------+-------+------------+---------+------
| | | | |
Death sentences | 1,061 | 18 | 186 | 930 | 22
| | | | |
Penal servitude sentences: | | | | |
For life | | | | |
For a certain length of | | | | |
time, in toto | 15,850 | 56 | 2,112 | | 125
For less than 3 years | 9,307 | 18 | 1,294 | | 56
For 3 years and more | 6,543 | 38 | 818 | | 69
| | | | |
Total of jail sentences |143,885 | 9,695 | 6,875 | | 646
Of them-- | | | | |
For less than 3 months | 59,736 | 2,520 | 2,595 | | 348
For 3 months up to | | | | |
1 year | 88,012 | 5,315 | 3,020 | | 218
For one year and more | 14,881 | 504 | 1,051 | | 80
For an undetermined | | | | |
length of time | 1,256 | 1,256 | 9 | |
| | | | |
Severe penal camp total of | | | | |
sentences imposed | | | | 2,017 |
Of them-- | | | | |
For less than 5 years | | | | 1,257 |
For 5 years or more | | | | 760 |
| | | | |
Ordinary penal camp total | | | | |
of sentences imposed | | | | 43,180 |
Of them-- | | | | |
For less than 1 year | | | | 32,540 |
For 1 year or more | | | | 10,640 |
| | | | |
Confiscation of property | | | 4 | 78 | 3
| | | | |
Fines |141,464 | 2,021 | 3,037 | 16,939 | 718
| | | | |
Confinement in a fortress | | | | |
| | | | |
Arrest | 378 | 31 | 54 | | 4
| | | | |
Arrest of juveniles in | | | | |
toto | 37,717 |37,717 | 134 | |
namely: for a certain | | | | |
period in toto | 25,562 |25,562 | | |
of this, for more than | | | | |
2 weeks | 13,165 |13,165 | | |
| | | | |
Total of weekend | | | | |
imprisonments | 12,155 |12,155 | | |
Of this, [those with] | | | | |
3 and 4 pass privileges| 2,866 | 2,866 | | |
---------------------------+--------+-------+------------+---------+------
PARTIAL TRANSLATION OF DOCUMENT NG-715
PROSECUTION EXHIBIT 112
THIRTEENTH REGULATION UNDER THE REICH CITIZENSHIP LAW,
1 JULY 1943[368]
1943 REICHSGESETZBLATT, PART I, PAGE 372
Under article 3 of the Reich Citizenship Law of 15 September 1935
(Reichsgesetzblatt I, p. 1146), the following is ordered:
Article 1
1. Criminal acts committed by Jews shall be punished by the police.
2. The decree concerning penal law for Poles
[Polenstrafrechtsverordnung] of 4 December 1941[369] (Reichsgesetzblatt
I, p. 759) shall no longer apply to Jews.
Article 2
1. The property of a Jew shall be confiscated by the Reich after his
death.
2. The Reich may, however, grant compensation to the non-Jewish legal
heirs and persons entitled to sustenance who have their domicile in
Germany.
3. This compensation may be granted in the form of a lump sum, not
to exceed the ceiling price of the property which has passed into
possession of the German Reich.
4. Compensation may be granted by the transfer of titles and assets
from the confiscated property. No costs shall be imposed for the legal
processes necessary for such transfer.
Article 3
The Reich Minister of the Interior with the concurrence of the
participating supreme authorities of the Reich shall issue the legal
and administrative provisions for the administration and enforcement
of this regulation. In doing so he shall determine to what extent the
provisions shall apply to Jewish nationals of foreign countries.
Article 4
This regulation shall take effect on the seventh day of its
promulgation. In the Protectorate Bohemia and Moravia it shall apply
where German administration and German courts have jurisdiction;
article 2 shall also apply to Jews who are citizens of the Protectorate.
Berlin, 1 July 1943
The Reich Minister of the Interior
FRICK
Chief of the Party Chancellery
M. BORMANN
Reich Minister of Finance
COUNT SCHWERIN VON KROSIGK
Reich Minister of Justice
DR. THIERACK
PARTIAL TRANSLATION OF DOCUMENT NG-151
PROSECUTION EXHIBIT 204
SELECTIONS FROM CORRESPONDENCE PRECEDING ISSUANCE OF THIRTEENTH
REGULATION UNDER REICH CITIZENSHIP LAW, 3 AUGUST 1942–21 APRIL 1943,
INVOLVING LIMITATIONS UPON LEGAL RIGHTS OF JEWS, THEIR PUNISHMENT BY
POLICE, AND RELATED MATTERS[370]
1. Letter from the Reich Ministry of Justice to several leading
Reich authorities, 3 August 1942
Direct Reich Chancery 10939 B
Reich Minister of Justice
III a-2 1637 42 1506/5
Carbon Copy
Berlin W 8, 3 August 1942
_Urgent Letter_
To the
_a._ Reich Minister of the Interior
_b._ Reich Leader SS and Chief of the German Police
_c._ Reich Minister for People’s Enlightenment and Propaganda
_d._ Foreign Office
_e._ Chief of the Party Chancellery, Munich
_f._ Reich Protector for Bohemia and Moravia
Subject: Restriction of legal rights [Rechtsmittel][371] for Jews in
criminal cases
1 Enclosure
Enclosed I submit the draft for an ordinance concerning the restriction
of legal rights for Jews in criminal cases with the request to state
your opinion in regard to it.
_I_ have emphasized the importance in war of this ordinance,
because it indirectly serves national defense. The dissatisfaction
which is apparent in wide circles of the German population with regard
to the fact that legal rights in criminal cases are still afforded to
Jews and that they are still given the right to appeal to the courts
in cases of sentences inflicted by the police is liable to weaken the
determination of the German people to defend itself in this contest
which has been imposed on it.
As Deputy:
[typed] signed: DR. FREISLER
2. Draft enclosed with the letter of the Reich Ministry of Justice
of 3 August 1942
_Copy_
[Handwritten] 1508/05
_Ordinance concerning the restriction of legal rights for
Jews in criminal cases_
Of....................1942
The Ministerial Council for the defense of the Reich decrees with force
of law:
Article 1
Jews are not entitled to make use of the right of appeal, revision
(appeal for nullification pursuant to the former Austrian law which has
remained in force), and complaint against decisions in criminal cases.
Jews cannot appeal to courts for a decision against sentences inflicted
by the police.
In cases where an appeal for legal rights has been filed already or
a decision by a court proposed at the time this ordinance is being
enforced, those are considered as cancelled.
Berlin,....................1942
The President of the Ministerial Council for
the Defense of the Reich,
[Handwritten] GFM [General-Feldmarshall]
Reich Minister and Chief of the Reich
Chancellery
To IIIa-2 1637.42 344528
3. Letter from the Reich Ministry of the Interior to the Reich Ministry
of Justice, 13 August 1942
Reich Chancery 11452B 15 August 1942 [Initial] FI [Ficker]
Reich Minister of the Interior
Berlin, 13 August 1942
NW 7, Unter den Linden 72
Telephone: 12 00 34
12 00 37
Ib 1200/42 1508/06
7035
Use this reference in your reply. Reference 15/8
_Urgent Letter_
S.Ang. of 21/8
To the Reich Minister of Justice
Subject: Restriction of legal rights for Jews
Referring to your letter of 3 August 1942 RK. 11405 B im Gg.
1b-III-2 1637.42
The same considerations which have prompted your suggestion to deny
legal rights to Jews in criminal cases also apply to administrative
matters. I would like to ask you, therefore, to extend the draft of
an ordinance concerning the restriction of legal rights for Jews in
criminal cases at the same time also to administrative matters, giving
it about the following tenor:
Ordinance concerning the restriction of legal rights for Jews
Of....................1942.
The Ministerial Council for the Defense of the Reich decrees with force
of law:
Article 1
Jews are not entitled to make use of the right of appeal in criminal or
administrative cases.
They cannot appeal, as is otherwise admissible, to the courts for a
decision against a decision taken.
Nor can they enter a protest which otherwise might be admissible.
Article 2
In cases where an appeal for legal rights or a protest has been filed
already they are considered as canceled.
Article 3
This ordinance is enforced 7 days after its announcement. It is valid
also in the Protectorate of Bohemia and Moravia and the Incorporated
Eastern Territories.
Berlin,....................1942
The President
of the Ministerial Council for the
Defense of the Reich
Delegate General for the Reich Administration
Reich Minister and Chief of the Reich Chancellery
Copies to the supreme Reich authorities, except the Reich Minister of
Justice with the request to state their opinion by 21 August 1942, in
case of difference of opinion. Otherwise agreement will be assumed.
As deputy:
[signed] DR. STUCKART
4. Letter from the Reich Ministry of Justice, signed by the defendant
Schlegelberger, to the Reich Ministry for People’s Enlightenment and
Propaganda, 13 August 1942
The Acting Reich Minister of Justice Copy
III a 2 1706.42 Berlin, 13 August 1942
[Handwritten] 1508/06
_Urgent Letter_
To the Reich Minister for People’s Enlightenment and Propaganda
Berlin
Subject: Restriction of legal rights for Jews
Referring to urgent letter of 12 August 1942[372] R 1400/23.7.42/122/1.9.
I. I thought of meeting at first the most urgent need within the
compass of my sphere of activity, viz, that of adjusting the
administration of justice from a legal point of view, and moreover I
had prepared a corresponding draft for the other administration of
justice belonging to my sphere of activity. However, I did not want to
take the initiative to make suggestions concerning matters which are
beyond the sphere of my department.
_The draft enclosed in your urgent letter_ includes all supreme
authorities of the Reich, especially that of the Reich Minister
and all ministers whose sphere of work is connected with matters
of administrative law. While, as far as the sphere of activity of
these ministers is concerned I still adhere to the opinion that I
should refrain from making suggestions on my part, I declare that I
have no objections against an extension of my draft to matters of
administrative law and to decisions by administrative authorities.
II. 34529 114058
II. On the assumption that an extensive regulation of the situation of
the Jews with regard to legal and administrative decisions is desired,
it seems necessary to me that the question of the admissibility for
a Jew to _testify on oath_ be legally regulated too, and this
regulation had best be included in the same decree.
Therefore, I furthermore suggest that the decree should provide that
the Jew is not admissible to testify on oath. Thereby the taking of an
oath or the furnishing of an affidavit by Jews is in general impossible.
In my opinion, however, the fact that the Jew is not permitted to take
an oath should not make the Jew have a better legal position than the
person who is authorized to take an oath. Therefore, I further suggest
to include a regulation according to which the testimony of a Jew which
could have been made under oath--if it had been given by a person who
is permitted to take an oath--should be treated like testimony given
under oath as far as criminal cases are concerned. My idea in this
connection is that the chiefs of the supreme authorities of the Reich
should order administratively that it should be pointed out to the Jew
that he could be legally prosecuted if he commits an offense against
his duty to give true testimony, but I do not propose to make this a
prerequisite of being liable to punishment.
In my opinion, comprehensive settlement of the problem requires
furthermore the exclusion, for reasons of foreign policy, of all Jews
from the regulations of this decree who are citizens of a foreign
nation.
Therefore, under the assumption that the persons participating in the
comprehensive solution of the problem and those supreme authorities of
the Reich which are in charge of specialized sectors agree, I would
suggest to give the _following wording_ to the decree:
Decree concerning the restriction of legal rights for Jews and their
inadmissibility to take an oath.
dated....................1942
The Ministerial Council for the Defense of the Reich orders the
following to be enforced as a law:
Article 1
Jews are not entitled to lodge a plea for appeal, revision, and
complaint (nullity plea and appeal under the still valid parts of
Austrian law) against the decisions of the courts.
Jews cannot apply for a judicial decision against penal measures
inflicted by the police.
Article 2
Jews cannot make use of the legal rights provided against decisions
made by the administrative authorities.
Article 3
Insofar as legal right has already been exercised or an application for
legal decision has been requested when this law comes into effect, they
are considered to be withdrawn.
Article 4
Jews are not entitled to take an oath.
Article 5
The regulation concerning perjury and false oath applies to untrue
statements of Jews not made under oath, if a person entitled to take
an oath could have been sworn to this statement. In the same manner
the regulations concerning the making of a false declaration in lieu
of oath are to be applied to the untrue declaration of a Jew, if the
declaration was the substitute for a declaration in lieu of oath or a
statement with reference to such a declaration.
Article 6
The regulations do not apply to Jews who are citizens of a foreign
nation.
Article 7
The supreme authorities of the Reich are authorized to issue
regulations for the execution within their jurisdiction.
[Typed] signed: DR. SCHLEGELBERGER
344531
5. Letter from Reich Leader SS to Lammers, 25 August 1942
13/9 RK. 12020 B 27 August 1942 [Initial] FI [Ficker]
The Reich Leader SS
and
Chief of the German Police
in the Reich Ministry of the Interior
20/9
S IV B 4 b--Ref. No. 1268/42
Please quote above reference and date in reply.
[Handwritten] Submitted last to RM 11853 tz 1b
Berlin SW 11, 25 August 1942
Prinz-Albrecht-Strasse 8
Tel. 12 00 40
1508/7
_Urgent Letter_
To the Reich Minister and Chief of the Reich Chancellery
Berlin [Initial] L [Lammers] 30 August
Subject: Limitation of legal rights for Jews
Reference: Urgent letter of the Reich Minister for Popular
Enlightenment and Propaganda sent to you on 21
August 1942--R 1400/13 August 1942, 122--1,9.
Considering the fact that up to now, the competent authorities disagree
and that moreover a number of further questions must be regarded as
not clarified, I consider the suggestions which have been made up to
now as not yet arrived at a stage when they could be submitted to the
Ministerial Council for the Defense of the Reich, and for this reason
I have asked the Reich Minister of Justice to arrange for a discussion
for the clarification of these essential questions.
BY ORDER:
[Typed] Signed: SUHR
Certified:
[Illegible signature]
Employee of the Chancery
Resubmitted because of RM 11850 (marked red), Office 13/19
[Stamp]
The Reich Leader SS [Initial] F [Frick] Sept. 12
and Chief of the German Police
6. Letter from Martin Bormann to the Reich Ministry of Justice,
9 September 1942
_National Socialist German Labor Party_
Party Chancellery
The Chief of the Party Chancellery
Fuehrer Headquarters
9 September 1942.
III C-Do. 2425/0/1
_Copy_
To the Minister of Justice
Berlin W 8
Wilhelmstr. 65
Subject: Limitation of legal appeal for Jews. RM 11405 B
Reference: Your letter of 13 August 1942--III a _2_ 1706.42--.
The limitation for legal appeal for Jews proposed by you extends in
the sphere of court decisions only to the legal appeal in a limited
sense--that is to say to appeal, revision, and complaint. This
regulation does not represent a comprehensive solution of the problem,
since the Jews will still be given the possibility of making use of
legal aids [Rechtsbehelfen] in a wider sense.
The considerations which are decisive for your draft also apply to
almost all cases of “legal aids.” In criminal cases this applies above
all to objections against penal rulings and to pleas for resumption
of proceedings. In the sphere of civil law it would apply, e.g., to
reminders of cost and execution matters, objections to execution orders
and judgments by default, as well as to nullity and restitutions suits.
Also, a limitation of the admissibility of suits protesting against
executions and suits filed by a third party will have to be taken into
consideration, as in these cases, too, the result will be a legal aid
against a judicial decision. I think it necessary to include all those
cases too into the regulation.
I further request you to include into the draft a regulation declaring
inadmissible the declining of a judge by a Jew.
I have no objections against the provisions of the draft relative to
the disqualification of Jews to take an oath.
Heil Hitler!
[Typed] Signed: M. BORMANN
Certified copy:
[Signed] DOSER
7. Letter from the General Plenipotentiary for the Administration of
the Reich to a number of leading Reich authorities, 29 September 1942
_Copy_
RK. 136 2 B 29 Sept. 1942 [Initial] FI [Ficker]
The General Plenipotentiary
for the Administration of the Reich
GBV. 788/42
2425 [Handwritten] Last submitted RK 12853 B
Berlin, 29 September 1942
[Stamp] See document of 8.10.
_Urgent Letter_
To the:
Head of the Party Chancellery
The Reich Minister of Justice
The Reich Minister for People’s Enlightenment and
Propaganda
The Foreign Office
The Reich Minister of Finance
[Handwritten] Submitted with RK 442 B. attached October 2
Subject: Ordinance concerning legal restrictions to be imposed on
Jews
On the basis of a discussion of 25 September 1942 between the officials
in charge, a new draft of an ordinance concerning the restrictions
imposed on Jews in the proceedings before the administrative agencies
or courts has been drawn up under the title, “Ordinance concerning
Legal Restrictions to be Imposed on Jews.” Please let me know as soon
as possible your opinion about the enclosed new formulation.
If no reply has been received by 14 October, your consent will be taken
for granted.
This copy is forwarded for your information and with the request that
you take a decision by 14 October.
As deputy:
[Signed] _Stuckart_
Justice 1
To the other supreme Reich authorities
8. Draft of proposed decree enclosed with the letter of the General
Plenipotentiary for Reich Administration of 25 September 1942
Appendix to GBV 788/42--2425 25 September 1942
Draft of an Ordinance concerning Legal Restrictions to be imposed on
Jews of..............1942.
The Council of the Ministers for Reich Defense ordains with the force
of law:
Article 1
(1) Jews will have no right of appeal [Rechtsmittel] from the
decisions of administrative agencies and courts, nor other legal means
[Rechtsbehelfen] to attack the same. Should, at the time when the
present ordinance takes effect, an appeal already be lodged, it will be
treated as withdrawn.
(2) Other applications from Jews to the administrative agencies or
courts are admissible only insofar as the administrative agency or
court would be of the opinion that the consideration of the application
would be in the common interest.
Article 2
Jews cannot testify under oath.
Article 3
(1) The regulations concerning perjury apply to the untrue, unsworn
testimony of a Jew when the testimony could have been sworn to if it
had been made by a person capable of taking an oath.
(2) Similarly, the provisions concerning false assurances in lieu of
affidavits apply to a statement made by a Jew, if such a statement was
intended to replace an assurance in lieu of affidavit, or a deposition
made with reference to such an assurance.
(3) The Jew shall be warned that any such untrue deposition or false
statement will be punished according to those provisions.
Article 4
Statements of a Jewish party to the proceedings with respect to the
question whether a witness or expert should be put on oath, will be
disregarded.
Article 5
In the sentencing of Jews the provisions concerning the deprivation of
civil rights will not apply.
Article 6
Jews cannot challenge German judges on grounds of partiality.
Article 7
At the death of a Jew his fortune escheats to the Reich.
Article 8
The Reich Minister of the Interior in agreement with the supreme
Reich authorities in interest will issue the necessary legal and
administrative provisions for the implementation and amendment of the
present ordinance. He will hereby determine how far this ordinance is
to apply to Jews of foreign nationality.
Article 9
This ordinance will take effect on the seventh day after its
promulgation. It also will apply in the Incorporated Eastern
Territories. In the Protectorate of Bohemia and Moravia it will
apply within the limits of the German administration and the German
jurisdiction.
Berlin
The President of the Council of
Ministers for Reich Defense
The Plenipotentiary General
for Reich Administration
The Reich Minister and Chief of
the Reich Chancellery
9. Letter from the General Plenipotentiary for Reich Administration to
the Reich Chancellery, 3 April 1943
The General Plenipotentiary for Reich Administration
GBV 262/43
1508/10
2425
[Handwritten notes] RK 4482 E
RK 13672B 52 M
2 Enclosures
Berlin, 3 April 1943
To the Reich Minister and Chief of the Reich Chancellery
for Under Secretary Kritzinger
Subject: Ordinance concerning legal restrictions to be imposed on
Jews
With reference to today’s conference between Under Secretary Kritzinger
and Under Secretary Dr. Stuckart, I am forwarding herewith in
duplicate--
(1) the draft of the ordinance concerning the legal restrictions to be
imposed on the Jews.
(2) the copy of the letter of the Chief of the Security Police and SD
of 8 March 1943 (II A 2 No. 22 III/43 176--).[373]
BY ORDER:
[Signature illegible]
Justice 1
344545
10. Letter from Kaltenbrunner, Chief of the Security Police and the SD,
to Frick, 8 March 1943
The Chief of the Security Police and the SD Copy
II A 2 No. 22 III/43-176
Berlin SW 11, 8 March 1943
Prinz Albrecht-Strasse 8
_Urgent letter_
To the Reich Minister of the Interior,
Party member Dr. Frick
Berlin NW 7
Unter den Linden 72
My dear Reich Minister:
Upon request I have been informed by Department I that you have stopped
the passing of the ordinance concerning the legal restrictions to be
imposed on Jews, as in view of the development of the Jewish question,
you no longer consider this ordinance necessary.[374] May I therefore
point out the following views taken by the Security Police, which are
in favor of an immediate passing of the ordinance:
1. Previous evacuations of Jews have been restricted to Jews who were
not married to non-Jews. In consequence, the numbers of Jews who have
remained in the interior is quite considerable. As the ordinance
would also include these Jews as well, the measures it plans are not
objectless.
2. The provision of article 7 of the ordinance according to which at
the death of a Jew his fortune escheats in its entirety to the Reich
results in the accumulation of considerably less work for the State
Police. At the present time the procedure used by the State Police in
handling the confiscation of such Jewish inheritances must frequently
be modified to suit each special case. If the decree were decided on
these separate procedures would no longer need to be carried out. The
ordinance would therefore bring about an effective reduction in present
administrative activity.
3. The provision according to which the application of criminal law
against Jews is transferred from the judicial authorities to the
police, is based on an agreement between the Reich Leader SS and
the Reich Minister of Justice Dr. Thierack. This agreement has been
approved by the Fuehrer. For if it is to be put into practice it must
be embodied in the form of a law, as the present competence of justice,
which is based on criminal procedure, can only be modified by a legal
provision.
If the ordinance which is planned does not come into force, this
provision as it is planned must then be set down in an independent law
which, however, is undesirable.
I beg you to consider the above-mentioned views and to examine whether
in spite of them an immediate passing of the ordinance does not seem
indicated.
Heil Hitler!
Yours obediently,
[Typed] signed: DR. KALTENBRUNNER
344547
11. Note of the Reich Chancellery, 6 April 1943, 1508/11
(14./4.) _To RK. 13672 B_, 4482 E
Fuehrer Headquarters
[Handwritten] 1508/11 6 April 1943
1. _Note_--Under Secretary Stuckart asked me over the telephone
to obtain the opinion of the Reich Minister and Chief of the Reich
Chancellery as to the draft of the ordinance which had been sent him
with the accompanying letter of 3 April. As Under Secretary Stuckart
informed me, the Reich Minister of the Interior himself has his
doubts as to whether the ordinance is still necessary. When Stuckart
approached the Party Chancellery on the question, Reichsleiter Bormann
suggested that he should obtain the opinion of the Reich Minister and
Chief of the Reich Chancellery.
On 5 April I discussed the affair with Under Secretary Klopfer. The
latter is of the same opinion as myself, that with the exception
perhaps of articles 6 and 7 of the draft, the ordinance can be
dispensed with. As regards article 7 of the draft, Under Secretary
Klopfer took my point of view that the possibility must be considered
of directing the heritage of deceased Jews either in part or in its
totality to their non-Jewish relatives.
The Reich Minister, to whom I reported on 6 April, is of the opinion
that we should decline as far as possible from a settlement of the
matter by an ordinance.
In order to help on the affair I came to an agreement with Under
Secretary Klopfer and suggested to Under Secretary Stuckart that the
question of the further consideration of the draft should be raised at
a discussion in which, in addition to myself and him, Under Secretary
Klopfer and Under Secretary Rothenberger and the Chief of the Security
Police Kaltenbrunner should take part. Under Secretary Stuckart
agreed to this and suggested that the conference should take place on
Wednesday, 14 April, 11 o’clock.
2. RKabR. Dr. Ficker with the request for his consideration.
3. Resubmit 14 April (in Berlin).
[Initial] F [Ficker]
8 April
344549 [Initial] KR [Kritzinger]
12. Note of the Reich Chancellery, 21 April 1943
Reich Chancellery 4611 E [Handwritten] 1508/12
for files Rk. 4748 E Berlin, 21 April 1943
1. NOTE--The Under Secretary conference, suggested by us,
about the draft on a _decree concerning the limitation of the legal
right of Jews_, which was at that time completed in the Reich
Ministry of the Interior took place today at the office of Under
Secretary Stuckart. Under Secretary Rothenberger, Under Secretary
Klopfer, SS Gruppenfuehrer Kaltenbrunner, and I were present as well as
Under Secretary Stuckart.
The discussion showed that only articles 6 and 7 of the provisions of
the draft of the order are considered necessary in which connection
article 7 is to be supplemented by a regulation which makes possible,
in the case of a confiscation of property, a settlement in favor of
non-Jewish heirs and legal dependents.
It was furthermore considered suitable to have the regulation issued as
a supplementary ordinance to the Reich citizens’ law.
The regulation accordingly would approximately take the form as shown
in appendix II.
[Enclosure] Appendix II.
2. To the Reich Minister with request for consideration.
[Initial] L [Lammers] 28 April
3. RK ab R. Dr. Ficker, respectfully.
[Initial] KR [Kritzinger]
Justice 1 s.Rk 5761
344550
13. Draft of a decree concerning the Reich Citizenship Law, enclosed
with the note of the Reich Chancellery of 21 April 1943
[Handwritten] Supplement to the Reich Citizenship Law and
Appendix II
_Decree Concerning the Limitation of the Legal Rights of the Jews_
[Handwritten] 1508/13 dated................1943
(_Abbreviated Form_)
Article 1
1. Punishable offenses of Jews will be punished by the police.
2. The decree concerning the administration of penal justice against
Poles and Jews of 4 December 1941 (Reich Legal Gazette I, p. 759) no
longer applies to Jews.
Article 2
On the death of a Jew, his property is forfeited to the Reich.
[Handwritten] Hardship clause in favor of non-Jewish heirs and
legal dependents.
Article 4
The Reich Minister of the Interior, in agreement with the top Reich
authorities concerned, issues the legal and administrative regulations
which are necessary for the execution and supplementing of this
ordinance. In this case he determines how far this order applies to
Jews of foreign nationality.
Article 5
This ordinance will come into force on the seventh day after its
promulgation. It will also apply to the Incorporated Eastern
Territories. In the Protectorate of Bohemia and Moravia it will apply
to the sphere of German administration and German jurisdiction.
Article 2 also applies to Jews who are subjects of the Protectorate.
Berlin,............1943 344551
The President of the Ministerial Council
for the Defense of the Reich
The Plenipotentiary General for the
Reich Administration
The Reich Minister and Chief of
the Reich Chancellery
TRANSLATION OF DOCUMENT NG-1656
PROSECUTION EXHIBIT 535
DRAFT OF PROPOSED MEMORANDUM TO HITLER FROM MINISTRY OF JUSTICE, APRIL
1943, INITIALED BY DEFENDANT ROTHENBERGER AND MINISTERIAL DIRECTOR
VOLLMER, CONCERNING IMMINENT PROSECUTION OF A JEWESS FOR SELLING HER
MOTHER MILK TO A GERMAN PEDIATRICIAN
The Reich Minister of Justice
Information for the Fuehrer
(1943 No.)
After the birth of her child, a full-blooded Jewess sold her mother
milk [Muttermilch] to a pediatrician and concealed that she was a
Jewess. With this milk babies of German blood were fed in a nursing
home for children. The accused will be charged with deception [Betrug].
The buyers of the milk have suffered damage, for mother’s milk from a
Jewess cannot be regarded as food for German children. The impudent
behavior of the accused is an insult as well. Relevant charges,
however, have not been applied for, so that the parents, who are
unaware of the true facts, need not subsequently be worried.
I shall discuss with the Reich health leader the racial hygienic aspect
of the case.
Berlin,..............April 1943
(Referent: Ministerialrat Dr. Malzan)
To the Under Secretary
[Initial] R [Rothenberger]
[Initial] V [Vollmer] 19 April
TRANSLATION OF DOCUMENT NG-351
PROSECUTION EXHIBIT 132
SECRET JUDGMENT OF FIRST SENATE OF PEOPLE’S COURT CONCERNING TWO POLES,
21 MAY 1943, AND DIRECTIVE OF MINISTRY OF JUSTICE TO DEFENDANT LAUTZ
CONCERNING THE MANNER OF CARRYING OUT THE EXECUTION OF ONE OF THE
DEFENDANTS
9 J 190/420 Copy
1 H 110/43
SECRET!
In the Name of the German People
In the case against--
1. the porter Paul Stefanowicz, from Berlin, born 5 January 1922 in
Olyka (District of Rovno),
2. the laborer Franz Lenczewski, from Berlin, born 1 August 1924 in
Sandec (Government General), Poland, at present in custody pending
trial for treasonable intent, et cetera, the People’s Court, First
Senate, on the basis of the session of 21 May 1943, in which the
following participated as judges:
People’s Court Senior Judge Laemmle, President
District Court President Dr. Schlemann,
SA Gruppenfuehrer Haas,
SA Brigadefuehrer Hohm,
SA Gruppenfuehrer Koeglmaier,
as representative of the Chief Reich Prosecutor [the defendant Lautz]:
Local Court Judge Dr. Pilz,
found:
As Poles, the defendants harmed the interests of the Reich by leaving
their places of work in Berlin in August 1942 and going to the Reich
border, with the intention of remaining in Switzerland until the end of
the war.
The defendant _Stefanowicz_ is therefore condemned to death.
The defendant _Lenczewski_, since he acted under the influence of
Stefanowicz, who is mentally greatly superior to him, will receive a
sentence of 8 years in a penal camp, and the period of custody for
investigation will be included in this term.
_Findings_
Both defendants are ethnic Poles, were formerly Polish citizens, and on
1 September 1939 resided in the former Republic of Poland.
Both defendants reported for work and were assigned to work in Berlin;
Lenczewski in April 1941 in a chocolate factory, Stefanowicz in January
1942 at the Neukoelln hospital.
Of the two defendants, Stefanowicz makes a much more intelligent and
bold impression. He belongs to the Polish intelligentsia, which is the
stronghold of the Polish spirit of resistance. Consequently in March
1942 shortly after he began his work, he left his place of work and
attempted to flee to Denmark. He was arrested in Flensburg, however,
and after 2 months in a labor reformatory camp he was returned to
his place of work in Berlin. There he was noted for his anti-German
attitude. According to his own statement, the nurses threatened that
his attitude would bring him into the concentration camp one of these
days. It was Stefanowicz who persuaded the codefendant Lenczewski, who
is nearly 2 years younger and was at the time the deed was committed
barely 18 years old, to leave his place of work and escape with him to
Switzerland in order to live a more comfortable life there. They agreed
to escape on 2 August 1942.
On that day they left Berlin and went via Augsburg and Innsbruck to
Landeck/Tyrol. From there they went on foot toward the Swiss border,
with the intention of crossing the border secretly. In the mountains,
however, they suffered from bad weather, and on 6 August 1942 they were
arrested by a customs patrol in See (Tyrol), very close to the Reich
border.
The prosecution assumes that the defendants had the intention of
joining the Polish Legion. Both defendants, however, have denied this
from the beginning and maintain that they merely wanted to get better
working conditions in Switzerland. The assumption of the prosecution is
doubtless supported by the fact that members of the former Polish State
who wanted to join the legion have frequently been arrested at the
border under similar circumstances. On the other hand, no evidence has
been presented that the defendants were in contact with such circles.
As for their personality, neither of them gives an impression of a
fighter but rather an effeminate one, and the fact that they merely
wanted to go to Switzerland in order to live a better life there, could
not be disproved.
Nevertheless, as Poles, both of them have harmed the interests of the
German Reich by their conduct. For they were assigned to work in the
Reich, and in total warfare any loss in this regard harms the interests
of the Reich. They were aware of this fact, especially since they
intended to remain in Switzerland permanently and thus to deprive the
Reich of their work for the entire duration of the war (crime under
art. 1, par. 3 of the Regulation on Administration of the Penal Law
against Poles and Jews in the Incorporated Eastern Territories of 4
December 1941 (Reichsgesetzblatt 1, p. 759)).
The law provides the death penalty for this offense, as a rule. Only
in less severe cases can a prison sentence be imposed. The case of the
defendant Stefanowicz is not a less severe case. As already emphasized,
he belongs to the Polish intelligentsia, which is the stronghold of
the spirit of resistance. From the very beginning he failed to adapt
himself to the order prevailing in the Reich and once before made an
unsuccessful attempt to escape to Denmark. He is also responsible for
the fate of his codefendant Lenczewski, to whom he is mentally far
superior. He was therefore given the death sentence. On the other
hand, in the case of the defendant Lenczewski, who did not make a very
independent impression during the trial, who was very young at the
time the deed was committed, and who succumbed to the influence of his
mentally superior friend, a sentence of 8 years in a penal camp was
considered sufficient. The period of custody for investigation was
included in this term.
Under the law, the defendants have to bear the costs of the trial,
since they have been convicted.
[Signed] LAEMMLE [Signed] DR. SCHLEMANN
25 May 1943
_Carbon copy_
The Reich Minister of Justice Berlin, 7 August 1943
IV g 10a 4910 c/43 g
Urgent--Secret
The Chief Reich Prosecutor with the People’s Court,
Berlin
personally or to his deputy in office
Reference GJ 190/42g 30 July 1943
Enclosures:
1 volume
1 folder
1 decree of 5 August 1943 (fair copy)
1 certified copy of the decree
Referring to the proceedings against Paul Stefanowicz who was sentenced
to death on 21 May 1943 by the People’s Court, I send you a fair copy
and certified copy of the decree of 5 August 1943[375] with the request
to take the necessary steps with the greatest possible speed. The
executioner Reichhart is to be entrusted with the carrying out of the
execution. As to the delivery of the body to an institute according to
article 39 of the Reich Ordinance of 19 February 1939, the Anatomical
Institute of Munich University is to be taken into consideration.
Please refrain from publicity, either through the press or through
posters.
BY ORDER
[Typed] DR. VOLLMER[376]
PARTIAL TRANSLATION OF DOCUMENT NG-457
PROSECUTION EXHIBIT 201
OPINION AND SENTENCE OF THE NUERNBERG SPECIAL COURT, WITH DEFENDANT
OESCHEY AS PRESIDING JUDGE, 29 OCTOBER 1943, BY WHICH TWO FOREIGN
WORKERS WERE CONDEMNED TO DEATH[377]
Beg. f. H.V. Sg No. 256/1943
[Stamp]
The sentence is effective and must be executed.
Nuernberg, 3 November 1943
The Chief Registrar
of the Office of the District Court
Criminal Division
[Signed] RAMSENTHALER
Chief Court Clerk
_Sentence_
In the Name of the German People
The Special Court
for the area of the Nuernberg District Court of Appeal at the
Nuernberg-Fuerth District Court in the criminal case against Kaminska,
Sofie, farm laborer in Uffenheim and 1 other person charged with a
crime under part I, section 4 No. 1 of the Penal Ordinance for Poles
and Jews, at a public session on 29 October 1943 attended by--
Presiding judge--District Court President Oeschey;
Associate judges--Local Court Judge Dr. Pfaff and
District Court Judge Dr. Gros;
Public Prosecutor for the Special Court;
Public Prosecutor Markl, and as registrar of the office.
Court Clerk Kastner rules as follows:
Kaminska, Sofie; nee Uba, born on 1 September 1907 at Czenstocice,
widow, Polish farm laborer,
Wdowen Wasyl, born on 20 February 1923 at Zatwanica, single, Ukrainian
farm laborer,
both last residing in Uffenheim, both under arrest pending trial are
guilty: Kaminska slapped a German soldier, threatened him with a hoe,
and threw a stone after him; furthermore offered resistance to a
policeman when she was being arrested. Wdowen tried by force to prevent
Kaminska’s arrest.
They are therefore sentenced to death; Kaminska under articles II, III,
and XIV of the Penal Ordinance for Poles; Wdowen is sentenced as a
public enemy.
_Findings_
The defendant Kaminska, who belongs to the Polish ethnic group and who
on 1 September 1939 was residing in the territory of the former Polish
State, attended elementary school and after having finished school
worked as a laborer on several farms in Poland. She was married in 1929
and since then had three children. Her husband was killed in action
during the Polish campaign in October 1939. At the middle of December
1939 she came to Germany being committed to work there. She was first
employed for over a year by a farmer in Weidenheim, then for a year
by the farmer Landshuter at Unternzenn, and since 15 March 1942 she
has been employed by the farmer Gundel at Uffenheim. Leo Gundel is 60
years old and fragile; his daughter manages the farm. At Weidenheim
the defendant Kaminska met the codefendant Wdowen who belongs to the
Ukrainian ethnic group. Wdowen never attended school, he can neither
read nor write, nor had he learned a trade. Until he came to Germany
in March 1940 for labor commitment he worked as a farm laborer for his
parents and for other farmers in the territory of the former Polish
state. In Germany he was first employed by a farmer in Weidenheim, and
in March 1942 he was transferred to Gundel together with Kaminska.
Wdowen started a love affair with the defendant Kaminska in Weidenheim.
The child born in June 1942 is a result of that relationship. The
defendant took the child to her mother in Wussiowa in March 1943.
On 1 July 1942 the two defendants entered Gundel’s home and demanded
money from the daughter, Marie, for the journey which the defendant
Kaminska had made to Poland to take her child to her mother. When the
daughter refused the request, they turned to old Gundel who was also
present in the room. When he, too, refused to pay any money to Kaminska
both defendants became more and more insistent; the defendant Wdowen
even gave the farmer a push. In his distress, Gundel called for the
help of the army private Anton Wanner, who used to work on the farm as
a laborer and who happened to be spending his leave there. Wanner was
in uniform. He came into the living room and told the defendants to
leave immediately. The defendant Kaminska at once attacked the soldier,
slapping his face once. Thereupon, Wanner slapped her face. Now a fight
resulted during which his infantry assault badge fell to the ground.
Wanner, feeling himself threatened, drew his bayonet and yelled at
Wdowen, “Get out, you bully.” The defendant Kaminska by this time ran
out of the room and took a hoe which was leaning near the staircase.
She did not get a chance of attacking him as the soldier quickly closed
the door.
Shortly afterward Wanner was riding on his bicycle along the road
to Uffenheim to go to the police station. When he was passing the
two defendants who were walking in the same direction, the defendant
Kaminska threw a stone weighing half a pound after the soldier without,
however, hitting him.
The next day police sergeant Dirmann went to Gundel’s farm, but the
defendant Kaminska was working in the fields. There, the police
official told her to follow him. The defendant Kaminska followed him
unwillingly and hesitatingly. The codefendant Wdowen ran after the
police official, although the latter had forbidden him to follow them.
On the way Dirmann twice slapped Wdowen’s face to force him to turn
back. Despite this he followed the two to the prison cell. When Dirmann
wanted to put Kaminska in the cell she began screaming. Wdowen rushed
up to them and embraced Kaminska with both hands so that the police
official was prevented from arresting Kaminska. Only after several
other people who were called in by the police official came to his aid,
he succeeded in overpowering the two defendants and putting Kaminska in
the cell.
The defendant Kaminska states that she learned before 1 July 1942 at
the employment office that the farmer Gundel had to pay her travel
expenses both ways. On 1 July 1942, she made only these demands.
Besides, she only slapped the soldier after he had slapped her face.
She had not purposely torn off his infantry assault medal. It was
true she had fetched the hoe but she had not raised it to assault the
soldier but only to intimidate him.
The defendant further admits having picked up a stone on the way to
Uffenheim and having thrown it after the soldier; she merely mentioned
as an excuse that she had been so angry that she had picked up a stone
and thrown it at Wanner.
Regarding her arrest by police sergeant Dirmann, the defendant says
she had offered resistance because she had been afraid that the police
official would throw her into a cellar; she had not known before what
the official really wanted from her.
The defendant Wdowen denies having struck or attacked the old man
Gundel and the soldier in the living room. He had only received a blow
on the nose from Wanner when Wanner had said something to him and to
Kaminska which he could not understand. He had not seized or held him.
Concerning the arrest of Kaminska, Wdowen states that he had “already
thought” that Kaminska was to be arrested by the police official; he
had also kept “running after them,” although he had been forbidden to
do so, and he did not let himself be intimidated by the slappings.
Outside the cell he had intended to tear Kaminska away from the
police official because he had felt sorry for her. The excuses which
the defendants have put forward are irrelevant; for the rest, the
afore-mentioned facts have been confirmed by the witnesses Gundel and
Wurm. The soldier Wanner has been reported missing since the fighting
in Tunisia. The witness, police sergeant Wurm testified, however, that
Wanner had made definite and clear statements. The court is therefore
convinced that the defendant Kaminska hit the soldier first; she was
not authorized to do so in any way. When the witness Miss Gundel
had told her that she would first make inquiries at the employment
office as to whether the demands for payment of travel expenses
were justified, the defendant Kaminska should have been satisfied.
If despite that she continued to insist on her imagined demand and
together with Wdowen behaved insolently towards Miss Gundel and her
father, it was absolutely understandable that old Gundel called the
soldier Wanner for help. The defendant Kaminska should have complied
immediately with Wanner’s demand to leave the room. She cannot claim
that she did not understand his demand. If instead of immediately
leaving the farmer’s living room, she slapped the soldier’s face then
this constituted a bodily maltreatment and thereby an assault and
battery.
As the codefendant Wdowen, too, according to the credible statements
which the soldier Wanner had made to the police sergeant Wurm, either
gripped the soldier or at any rate took sides with Kaminska, so that
Wanner had to fear a joint attack, it was understandable that he drew
his bayonet in his defense. If the defendant Kaminska had to run out of
the house to get a hoe and with it had walked towards the front door
where the soldier was standing, Wanner had to fear the possibility of
an attack on his life, although it was not established at the trial
whether the defendant had already lifted the hoe to hit him. This
behavior must be regarded as a threat within the meaning of article 241
of the Criminal (Penal) Code.
The defendant admits that after the incident in Gundel’s room, “some
time later” on the way to Uffenheim she, in her anger, picked up a
stone weighing a half pound and threw it after the soldier Wanner who
was sitting on a bicycle, however, without hitting him.
The facts thus established prove that the defendant has committed a
crime within the meaning of article 1, paragraph 1 of the Law against
Violent Criminals of 5 December 1939. For this the death sentence is
imposed on a person who, among other things, when committing a serious
act of violence uses cutting or thrusting weapons or with such a weapon
threatens the body or life of another person.
An act of violence within the meaning of that provision is constituted
by a violent attack on a person which, according to design or execution
or in view of the consequences for the person who is being attacked,
endangers the security afforded by law to a high degree, and which
therefore is particularly rejected and detested by the national
community which is engaged in a fight for its right of existence,
according to the verdict of the Reich Supreme Court of 26 January 1942,
Second Criminal Senate, January 1942.
In the present case, the basic punishable deed is a threat within the
meaning of article 241 of the Criminal (Penal) Code.
The defendant by throwing, in her anger, such a heavy stone after
the soldier did not merely make a purposeless gesture. The court
is convinced that it is evident from the over-all attitude of the
defendant Kaminska, which she had previously displayed toward the
soldier, that she meant to hit Wanner. A stone weighing half a pound
when being thrown by someone in a condition which the defendant herself
described as anger may kill a human being. Thus, a stone of that weight
must be considered equal to a cutting or thrusting weapon; it must be
considered as an object equal to a weapon within the meaning of the
law against violent criminals. The defendant dared attack a German
soldier, she took up an offensive position which would have caused
grave injury if the soldier had not evaded the stone which was thrown
at him. The defendant was about to endanger gravely the life and health
of a German national. The German nation which is engaged in a grim
defensive struggle rightly expects the most severe methods to be taken
against such alien elements. The crime of the defendant, by design, and
execution, as well as a considerable violation of the security afforded
by law, constitutes a serious crime of violence within the meaning of
the law against violent criminals. The fact that the criminal is a Pole
is of particular significance.
From the name of the law it is concluded that it can only be applied
against persons who are to be regarded as violent criminals. The
defendant had not been provoked to the violent action. After she had
failed to hit him with the hoe, she tried to hit the soldier on the
road. The over-all behavior of the Polish woman, also toward the
farmer, proves that the crime is not alien to her nature. She thereby
characterizes herself as a Polish violent criminal. The defendant
cannot dispute that she resisted with all her strength when a police
official wanted to put her in a cell. Her excuse that she had not
known what the official wanted from her cannot be believed. She knew
in what manner she had acted toward the Germans on the previous day.
She therefore had to expect the police official who moreover was in
uniform to try and arrest her. The court has no doubt that she, as well
as Wdowen who admitted having assumed that Kaminska was to be “picked
up” because of her behavior on the day before, knew that she would now
be arrested. By her violent resistance outside the cell, she therefore
violated article 113 of the Criminal (Penal) Code.
According to the opinion of the medical expert, which the Court
shares, the defendant shows no symptoms which could justify doubts as
to her responsibility for the crime.
As the defendant on 1 September 1939 was a resident in the territory of
the former Polish State, she had to be found guilty in application of
articles II, III, and XIV of the Penal Ordinance for Poles, of a crime
of assault and battery in conjunction with a crime of threat, a crime
under article 1, paragraph 1 of the Law against Violent Criminals, and
of a crime of offering resistance to the police.
The defendant was further charged with intentionally having torn off
the infantry assault badge of the soldier Wanner. That could not be
proved during the trial. The witness, Miss Gundel, testifies that after
the defendant Kaminska had slapped the soldier’s face, a fight ensued
and that afterward the soldier’s infantry assault medal was missing.
In view of this evidence there is, at any rate, a possibility that the
badge might have loosened in the course of the fight. A particular
acquittal was not necessary, however, as the attitude of the defendants
must be regarded as one action.
Although the old feeble farmer Gundel was not physically injured by
the thrust of the defendant Wdowen, he did rightly feel the action of
the Ukrainian to be an offense to his honor as a German. The defendant
Wdowen, by holding Kaminska with both hands when the Polish woman was
about to be put into a cell so that the police official was unable to
do so for the moment, and by allowing himself to be removed only after
the intervention of other persons, offered forceful resistance to an
official who was lawfully doing his duty.
By his action, he also tried to free the codefendant Kaminska from the
hold of the official in whose custody she was.
His act, therefore, constitutes an attempt to free a prisoner in
conjunction with resistance to the police under articles 120, 43, 113,
73 of the Penal Code.
That, however, does not exhaust the entire unlawful character of his
deed.
The defendant Wdowen knows very well that the German economy, on
account of wartime conditions, is dependent on foreign labor, in
particular on labor from the eastern territories. He speculated that
his offenses would be overlooked in order not to lose him as a worker.
The defendant also knew that because of the drafts into the armed
forces the security organs in the Reich have been reduced and that
Germany is deprived of the population fit for military service so
that the rural population is largely helpless against the insolent
and obstinate behavior and against attacks, which occur more and more
on the part of such elements from the East. The defendant Wdowen,
therefore, committed the offense taking advantage of the extraordinary
wartime conditions. His action is therefore particularly despicable and
demands that the ordinary limit of punishment be exceeded.
The defendant therefore had to be sentenced for a crime under article
4 of the Decree against Public Enemies in conjunction with resistance
toward the police and an attempt to free a prisoner.
Under article III, paragraph 2 of the Penal Ordinance for Poles, the
death sentence must be passed if the law provides for it. The defendant
Kaminska, therefore, under the law against violent criminals is
deserving of the death penalty.
The death penalty has to be pronounced as the only just atonement
because the security afforded by law within the German living space
must be protected against Polish criminality with the utmost severity.
The defendant Wdowen, if only by his behavior toward the feeble
old farmer Gundel proved that he is an insolent aggressive fellow
inasmuch as he kept following the police official, although he had
been chastized twice. It is to be concluded that he was waiting for
a favorable moment to free the codefendant Kaminska by force, and
finally by attempting to prevent by force the police official from
the execution of his official duties and the latter having to call
for assistance, he topped his provocative, dangerous behavior. Every
security organ enjoys the special protection of the Reich. He who
impedes in such a provocative manner the security organs, which are
stationed at home, and which on account of their numerical minority
are particularly overburdened during the war, must expect the Reich to
react with utmost severity. That applies, in particular, to the foreign
workers from the East who work in the Reich. In view of that, the court
has assumed a particularly grave case within the meaning of paragraph 4
of the Decree against Public Enemies, and has not attached any decisive
importance to the circumstances alone that the defendant Wdowen has had
no previous convictions and has hitherto not attracted any unfavorable
attention during his stay in Germany. Therefore, the defendant Wdowen
had to be sentenced to death under the penal law of article 4 of the
Decree against Public Enemies.
Costs: Paragraph 465, Code of Criminal Procedure.
[Signed] OESCHEY[378]
DR. GROS[379]
PFAFF[380]
TRANSLATION OF DOCUMENT 664-PS
PROSECUTION EXHIBIT 348
CIRCULAR LETTER OF HIMMLER TO THE SUPREME REICH AUTHORITIES, 10 MARCH
1944, NOTING THAT “THE ACCOMPLISHED EVACUATION AND ISOLATION” OF JEWS
AND GYPSIES HAD MADE MEANINGLESS THE PREVIOUS MANNER OF PUBLISHING
SPECIAL DIRECTIVES CONCERNING THEM
Berlin, 10 March 1944
The Reich Leader SS
Minister of Interior Affairs
S. Pol. IV D 2 c--927/44 g-24
[Initial] TH [Thierack]
[Stamp] Reich Ministry of Justice
17 March 1944
Dept. VII
_SECRET_
To the Supreme Reich Authorities
Subject: Posted prohibitions concerning Poles, Jews, and gypsies
The separately published decrees and rules governing the livelihood of
Poles, Jews, and gypsies within the jurisdiction of the Reich, have
frequently led to a summary equalization of these groups in the public
eye as far as sale-and-utilization prohibitions, public announcements
in the press, etc., are concerned. This attitude does not correspond
with the differentiated political position to be granted to these
groups now, and in the future.
As far as Jews and gypsies are concerned the accomplished evacuation
and isolation of these groups by the Chief of the Security Police and
the SD has made the publication of special directives (concerning the
all inclusive prohibition of participation in many livelihoods) in the
previous manner meaningless. Therefore, corresponding public directives
may be eliminated.
The decrees and regulations which have been decided upon to govern
the livelihood of the Poles will remain as before. For political
practical reasons it is hereby recommended to maintain a certain amount
of restraint in the public directives of these regulations, be it in
posters, signboards, on press releases, etc.
I wish that the subordinate officers be informed of the necessary
directives.
[Typed] Signed: H. HIMMLER
Certified: [Illegible signature]
SS Sturmbannführer
TRANSLATION OF DOCUMENT NG-900
PROSECUTION EXHIBIT 453
LETTER FROM THE CHIEF OF SECURITY POLICE AND SD TO MINISTRY OF JUSTICE,
3 MAY 1944, ENTITLED “REQUESTS MADE BY THE COURTS FOR INFORMATION ON
JEWS,” AND INTEROFFICE MEMORANDUMS LEADING TO DISPATCHING OF A LETTER
DRAFTED BY DEFENDANT ALTSTOETTER
The Chief of the Security Police
and the Security Service
IVA b (I) a 4647/43
Please state this business number,
the date and the subject in
correspondence
Berlin SW-11, 3 May 1944
Prinz Albrechtstr. 8
Local Phone: 120040
Long distance: 126421
[Stamp] Reich Ministry of Justice
5 May 1944
Dept. VII-VI
[Initial] TH [Thierack]
[Initials] KLE [Klemm]
To the Reich Minister of Justice
Berlin
Subject: Requests made by the courts for information on Jews
Reference: None
In a number of proceedings for the checking of descent, the District
Court Vienna requested information about the whereabouts of Jews, in
some cases it requested this information from the central office for
the regulation of the Jewish problem in Bohemia and Moravia at Prague,
and in some cases directly from here. These Jews were at some time
either evacuated to the East or were sent to Theresienstadt. Although
my local office drew the attention of the District Court Vienna several
times to the fact that such requests, as well as applications for the
admission of such Jews as witnesses before courts or for hereditary
biological examinations cannot be granted on account of reasons
stated by the Security Police, the District Court Vienna renews its
applications continuously.
Besides the fact that the Jews for years had time and opportunity to
clarify their position with regard to descent, the proceedings for
the checking of the descent demanded by the Jews or their families
are according to experience in general made only in order to conceal
their descent so that they would not be subject to the measures of the
Security Police intended for them, or to those which have already been
carried out. For this reason and in the interest of urgent dispatch of
work important to the war effort the granting of applications of this
kind has to be refused for the time being.
Therefore, I request to direct the District Court Vienna not to submit
any such applications in future. I would be grateful to be informed
about the steps taken from there.
As deputy:
[illegible signature]
The Reich Minister of Justice Berlin, 3 June 1944
VIb 2 1124/44
Dispatched 14 June 1944, [initial] B
[Stamp] Office
8 June 1944
H/Frl. [illegible]
1. To the President of the Court of Appeal, _Vienna_
Subject: Handling of cases concerning descent of Jews or Jewish
persons of mixed race
No previous correspondence.