English Translation

25-12 10. Jahrgang 1940 Heft 40] Jurisdiction 1669 Penalty threat of § 1 KriegswirtschVO. have not been covered. Diefe Erfung can be regarded as sufficient That would not be valid in the sense of the Gefeges. Marking for this affiliation. Petrol belongs to also the remark of the LG. is true, that fichich hier unquestionably, and indeed so long, as a recording still applies. According to § 1 KriegswirtschBO. the danger of life- although he did not act as a thpical war-deportor of the important needs cannot be actuated on the total population as the penalty threat of § 1 war- drew him; displacements of such dimensions should be taken in the first place by wirtschBO.. the extension of the Great German Reich and its 2nd, on the other hand, the legal review of the number of denunciations is only theoretically conceivable. Attacking concerns against the sentence of the LG. on the one hand, of course, the amount of the destroyed raw The LG. means that the § 1 warwirtschaftsVO. threatening substances or products plays a decisive role (bgl. Special penitentiary in the first place; therefore prison is the regular court: DJ. 1940, 736. A quantity of 170 liters of gasoline moderate punishment. This is not correct in this form. Rather, the need to end in a local limited places the KriegswirtschBo. prison and prison sentence district can endanger. The fact that the danger to the end of demand is in parallel with the choice of the judge; it is sufficient according to the obligation of a locally demarcated consumer, moderate discretion is not only the duration, but also the species is generally recognized (b. Nüse: "The war penalty of imprisonment in individual cases depending on the special factual and war crimes p.18; derfelbe: DJ. 1940, 959; situation to determine. It is only right that the penitentiary sentence Bfundtner-Neubert, note 4 to §i KWvo.; Son- borszug will be the appropriate penalty for perpetrators who are the court: DF. 1940, 573). as war-shoring or war-suckers or smugglers The "willingness i. s. of the KWVO. It is not possible to explain in a malicious manner during the term, but must make a trade in the war; for such pests, the relationship to the dangers which the penalty in the decree of § 1 KriegswirtschBO. wants primarily to ban. One cannot be thought of for the interpretation, in individual cases a penitentiary sentence can be regarded as appropriate to the use of the word e.g. in § 134 a SiGB., rather than in matters of serious gravity (so D a I d e, 31. ed., p. 1722). Fn § 134a means cases according to the war economist's law even the death penalty "evilly" the excussion of a deliberately hostile femininity. The LG, however, brings itself to the Ausdraud, Rightly the R.G. means that the demand of a rejection, that the Ankl. is not a war-scatter; for him alfo does not mean to damage the economy in war hostilely or to endanger to such rule as the LG., the determination of punishment to a large extent un- As a rationale, from which the Andrau. On the other hand, however, it may have earned too much prison sentence, the LG states that "they go, without any morally acceptable motive for satisfying their desire for revenge, higher than the duty which he had due to the times of war". But the fact that the Ankl. Instead of being guided by fine duties of war by his sense of revenge, in the Borl. case nothing other than the form in which the malice of his act was shown. Thus, this is the presence of a characteristic of the visible fact. It is inadmissible to overvalue a characteristic in the measure of the crime once again in the determination of the penalty (NGSt. 70, 220, 223 = JW. 1936, 2234 3 and RGSt. 70, 290, 292 = JV. 1936 and 2714 14). Finally, the unexplained remark of the LG., that the claim is due to similar offenses scon eight times, allows to obtain that thereby the peculiarity of the violation according to § 1 KriegswirtschvO. has been recognized as an act directed against the economy. For the § 1 WarwirtschVO. only came into force in December 1939, and the underlying idea of the fault-disruption of the vital Volfs (cf. my remarks DR. 1940, 553) became proportional to the punishment measurement When the KWVO. in §1 reaches the perpetrator with penitentiary. It would therefore have threatened nearer prisons or prisons, in particularly serious cases with death, as it might have been, but it should be taken for granted that the penitentiary should already have eight "equal" penitent houses or prison according to the dutyful discretion of the emighty. The sentence bon must be imposed on the judge. Although the prison sentence may have been found to be the norm in practice, it has nevertheless been weighed down. so that no commitment could be made in the selection of the type of punishment. 2 July 1940, 1 D 372/40.) [R.] This could have been easily achieved by the issuer if he had wanted it. It only needs to be referred to the penal provision i.e. the actual findings of the § i RundfunkVO. Rigid punitive petrol in an attempt to threaten the supply is usually not negotiable. Everyone in his cellar verstedt. The obligation to regulate the measurement of the penalty and the possibility for a supposed by Z. of weighing the punitive and mitigating igen, deliberately overturned and limiting circumstances, must be countered. That characteristics were bon about 193 liters of petrol, for example, cannot be used punitively., corresponds to the constant rule. A punishment ilt first fulfils the condition of the charge due to similar offenses cannot exist, damage to property i. p. of § 303 StGB. The fact that this criminal law - because the wrong content of such acts in their direction of attack was hardly recognized so far, the sound sense of the law in Berüdsichti- against the people's whole. Thus, the destruction of the values in peace times does not correspond to the statements of the sentence to the sentence, should be more faltering. This is all the more true in war. StA. Dr.H. Mittelbach, Berlin. where it is the duty of every citizen to make all means available to the people and Neich. The course of action * of the Ankl. is therefore examined with Necht from the point of view of 4. AG. — § 4 BO. to supplement the criminal pornography of war-damaging behavior. It is not under its influence on the sphere of law of B., but in its 25th nob. 1939 (RGBl. I, 2319). Berboten's approach to attack against the nation's life interests towards Polish prisoners of war. has been working as a farm worker since 1932 For the vital needs of the population, a manor in Gosda, Krs. Cottbus, is working, at first he manages all raw materials and products count - also about 5 mornings own country. He is married and that, within the framework of the war management caffting measures has a child.