STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 2337, sig. 109-11/139

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English Translation

58 42 Socialist criminal law the attempt is to be regarded as punishable even if it presents itself as an act of criminal will, i.e. if the act is to serve, according to the idea of the perpetrator, to carry out the intended violation of the law. The defendants Dr. Kafka and Dr. The defendants Dr. Kafka, Dr. Hubscher and Dr. Pritsch have thus been guilty of a trial of professional abortion in all cases where a pregnancy could not be determined with certainty, in the cases of the crime of the completed ones mentioned in the Senuntiat. tried commercial abduction according to § 2l8 Zl.II and IV RStGB. and the defendants Dr. Baum and Dr. Hochberger the aid, together with Dr. Hohenberger in cases in which the actions of the accused Dr. Schöniger and Dr Kafka could only be gualified as attempts to render the aid to the attempted crime of commercial abortion guilty. In the case of Marie Schindler, the defendant Dr. Schöner could not be proven to have a commercial abortion. Therefore, there is only an offence of abortion in accordance with § 2l8 para. II RStGB. Since the first judicial act against the accused Dr. Häcker was carried out on Feb. 1, 1994l (judicial arrest warrant of the Karlovy Vary District Court ), and the intervention on December 23rd. l935, this criminal act pursuant to § 67 para. II of the RStGB is statute of limitations. Accordingly, the act of aid of the defendant Dr. Hochberger by issuing a certificate of complacency is also statute of limitation.