English Translation

==References== In the first place, this is remunerated from his arms report in August l939 (sheet 19 of the A), and from his concession that he had "deported from day to day" the registration of the weapons acquired by the members of the Protectorate, and from the earlier requests for a certificate of arms (sheet 20 of the files) and a licence of arms with a B ne weapon and a purchase licence for ammunition, but all his behaviour confirmed by the superiors of the criminal investigation clearly proves that he was in possession of the found handgun: according to all the facts, he was involved in the investigation. of the witness Markgraf also in company-important green= recklessness and grandpurity over it ignored, 1 the view spread among Reich Germans that the possession of weapons was "not so bad" in their hands, taking a punishment consciously on itself, and l= ch external forms of speech convinced himself that he could therefore be succumbed to it." IV. After that it is clear that Herberstein was guilty of a presuppositional crime according to § 1 para. I of the intensified gun law of 6.5. 1940. He had in possession usable firearms and ammunition supplies without the necessary authority permission to do so according to his knowledge. - On the other hand, Werner and Mikuleyskt were not to be convicted of the intentional possession of weapons. They did not have to prove that they were aware of the possibility of possession of firearms since the entry into force of the Arms Act of 1.8.1939 and approved them. Until the weapons are recovered, they cannot even be proven to be negligently unlicensed, because there is no evidence that they could become aware of being in possession of old weapons, according to all the circumstances or their personal circumstances. According to the personal impression of the defendants in court, they wanted to get rid of the weapons found from the outset, namely: