English Translation

19 - 13 - Schafranek and Braunerin the cases of 1 simple pas- sive bribery (StGB § 33l) . Their behaviour in the case of Zei-sel-Daněk does not constitute a bribe, because neither Zeisel nor Daněk knew that the money should partly - i.e. lo. Ooo RM - flow to the defendants; however, fraud ( to the detriment of DaněK ) is given (St GB § 253). All crimes are committed using the exceptional conditions caused by the war . In the case of seizure, the war-related commodity purchase and in the cases of guilders and pausers have created more favourable conditions for the action of Dr. Rudolf due to the war work overload; the embezzlement is directed against the war winter relief plant . Schafranek and Brauner would certainly not have come to their posts at the Oberlandrat in their lack of training without the war-related man- nership of workers, which enabled them to commit the crimes. The defendants were also aware of this situation. All three defendants have abused the war relations to their own money transactions and by their actions seriously damaged the reputation of Germanism and the German authorities in the Protectorate. As such they must be punished according to the healthy popular sentiment. § 4 of the Volksschädlingverordnung of 5.9.1939. Brauner has developed the least activity from the defendants and had the least profit. He is discreet and unpunished. He may not have been fully aware of the reprehensibility of his actions as a result of his trafficker's past. On the other hand, in Zeisel's case, he unscrupulously abused his official position vis-à-vis Zeisels and at the same time cut his former rival Daněk over his ear. For his overall behavior, he saw a two-year prison and an equally long loss of honour (StGB § 32 ) as a reasonable atonement. Schafranek has made a significant increase in profits and has developed a larger initiative. It is also already a criminal record. Furthermore, the same criminal grounds apply as with Brauner. 3 years of breeding against it were