English Translation

23 7 3.) the defendant Dr. Erwin Fritsch in the period from 1.1. l935 to 1.3.1938 in 15 independent acts professionally killed the fruit in the womb and by abortion; 4.) the accused Dr. Friedrich Hochberger in the time from 1.1.1.1934 to 1.3.138 in 74 independent acts, 5.) the Jew Dr. Kurt Israel Baum in Berlin in two independent acts. 6.) Betty Winter with the above mentioned under 4.), 5.) as assistants to the perpetrators to commit the crime of commercial abortion by the act knowingly assisted and the accused to l.) to 3.) the crimes of professional abortion according to §§ 2l8 para. II and IV, 74 RStGB. and 4th), 5th) and 6th) committed the crime of aiding professional abortion according to §§ 2l8 para. II and IV, 49, against 74 RStGB. Before the court takes into account the actual and legal assessment of the individual criminal acts charged to the defendants, the following must be sent forward: In assessing the question of guilt of all these offences, the court has assumed the fundamental consideration that only healthy popular sentiment can thus serve as a guiding principle for the healthy view of injustice, guilt and atonement in the German people. Laxe, or notions distorted by a lack of popular consciousness, such as the opinion on abortion in the time of former Czechoslovakia, are not in line with the sound popular view, even if they were also represented by a larger number of people.The assessment of all the crimes brought under appeal here must therefore be based solely on the principles of today's world and legal opinion. The individual cases dealt with here in the course of the extensive taking of evidence fall into two groups: