English Translation

- 17 08. Subsequent investigations are almost always without results, so that the question of the degree of drunkenness has to be settled at the beginning, i.e. as soon as possible after the act. In the case of convictions under § 33Oa StGB, the act committed in the intoxication is not to be mentioned in the urtoils tenor, but to be punished "because of full drunkenness". The Consumable Control Ordinance of 6.4.1940 has been published according to various amendments nowmchr in the new version of 26.11.1940 (RGBl. I p. 734). 24. For the application of § 5a of the War Special Criminal Code. S Sa Kssvo, one of the most important provisions of the war criminal law, is not always applied correctly or adequately justified. The reasons for the judgment must clearly state that all the requirements of the law have been fulfilled after the main proceedings. In particular, the facts on which the court bases its conviction that the maintenance of the husbandry or the security of the force makes it necessary to exceed the regular penal framework. Common phrases do not apply in this respect: above all, it is necessary that the act or its becoming known has caused or could have caused certain external or long-distance effects within the force which justify such a more severe persuasion on its own. It should be noted that under "man-breeding" i.S. this provision is to be understood in the case of members of the " and police also the "worldly obedience", the Holy attitude of the force, and to make use of the punitive sharpening also in such cases. The application of § 5a is also permitted in non-military crimes. -18-