English Translation

- 11 - foreign residents were aware of the illegality of his activity. The question of criminality does not apply to the awareness of illegality, nor to the appeal by the accused Prince de Rohan of the fact that in England German nationals have not been allowed to listen to German radio news, can of course change anything in the criminality of listening to an English broadcaster in the Great German Reich by an Englishman, quite apart from the fact, that the German nationals in England by the possibility of unpunished listening to a German broadcaster is not granted a criminal status, but in England everyone is free to listen also to foreign stations, all defendants were therefore to be punished according to § 1 of the regulation on extraordinary broadcasting measures in September 1939. V. In determining the penalties, it was assumed that, according to prevailing practice, in the case of continued, even until the fourth and fifth years of the war, deliberate interception by foreigners in the face of the repeated public warnings, only a multi-year prison sentence would be appropriate. Anyone who lends his ear to the enemies of the kingdom can also be determined by the influence of his prcpaganda in his attitude of mind and, even if he contains a spreading of the heard news, can thereby endanger the attitude of the persons with whom he deals. Count C z e r n in is most burdened among the co-defendants, because in sei- To the case the listening has not only extended to the longest timer, but also stands out through the dense succession. He was mainly interested in political news of the enemy foreign country and supported on it his opinion formation. Any circumstances which may have a mitigating effect are not apparent. For him, under the application of the prosecution authority, a penalty was deemed to be warranted, but also sufficient. The defendant, Count Kin sk y, also had to cope early, namely in the spring of 1940, with the interception : 1