English Translation

Copy of copy 25 Berlin, 20.8.1940 (II1.10a) NT. 604/40 g. Betr.: POWs Reference: Ausl/Abw No. 48 661/40 g Abw III(E) of 19 July 1940. In the case of prisoners of war who fled from the Protectorate of Bohemia and Moravia after joining Germany and fought with the weapon against Germany, it must be distinguished whether they are German nationals or nationals of the Protectorates. 1.) N.ch of the Decree of 16.3-1839 (RGBl.I p.485) Art.2 the former Czechoslovak nationals who, on 10.X.1938, possessed the right of residence in a geneinde of the former Czechoslovakian countries of Bohemia and Moravia/Sehled9ia, become German nationality with effect from 16.III.39. However, according to a decree of the Minister of the Interior of the Reich of 7 November 1939, only one who professes himself to be a member of the German people is to be regarded as a foreigner. Furthermore, German nationality may already be Cellitua acquired on the basis of § 1 of the German-Czechoslovak nationality and option contract of 20.XI.38 (RGBl.II p.895) with effect from 10.X.1938. Those who have acquired German nationality in the Protectorate and then fought against Germany must therefore not be treated as prisoners of war, but as criminals and be punished according to § 91a RStGB. 2.) Nationals of the Protectorates are according to the decree of 16.3.39 (RGBl.I p.486) Art. 2 para.II "the other representatives of the protectorate of Bohemia and Moravia". -2-