English Translation

- 43 - 59 With regard to the determination of penalties, the Court first largely took into account the fact that all cases were dealt with in former Czechoslovakia and thus at a time when there was an extremely lax view on abortion issues. As regards the individual defendants, the Chamber of Penal Court held to the defendant Dr. Kafka's hitherto impunity, his partial confession, his merits acquired in the world war, as well as the fact that, according to the expert's opinion, he acted perfectly properly in the interventions he carried out. On the other hand, there is a heavy burden on him that he continued his criminal activity even when the Sudeten-German Party had already taken a strong stand against criminal abortion in Sudetensgau. On September 1, 1938, Hildegard Wegener, shortly before the German troops invaded Karlovy Vary, committed a criminal abortion. Dr. Kafka, who has been working as a female doctor in Karlovy Vary since 1892, has not only proved the vast majority of cases of criminal abortions, he has also led the Aryan defendants, who only later opened their practice, with the worst example. Therefore, the court has refused this defendant the extension of mitigating circumstances. Prettyr and Dr. Fritsch also benefits if their confession in fact, their previous impunity and the fact that they carried out the interventions properly. In particular, however, the fact that they ceased their criminal activity when the Sudeten German party's opinion on abortions in the SuDetenland became known and that these defendants have since the beginning of their practice entered an environment that these in any case unwilling defendants could not escape.