English Translation

32 19 - the use card is for its transfer during the war to the permanent place. 27.) Application dos § 359 RStGB to members of the Volksdeutsche Mittelstelle. I. Members of the People's German Mittelstellen may be civil servants within the meaning of the criminal law and in this respect are subject to the strict criminal provisions of the civil servants' crimes. From a field verdict: "The defendant was a member of the Velksdeutsche Mittelstelle, an ij-dienststelle which, at the command of the Führer, carried out the resettlement of people Germans from non-German countries to the Reichsgebiet and their settlement and labor. In the implementation of this command, the Volksdeutsche Mittelstelle took the first step of relinquishing the state; it always received its allocation from the budget of the Reich and was generally regarded within the Reich as a service with a similar authority. In recent times, the state-level task of the People's - German Central Centre was clearly revealed, even after the merger of the previously separate departments of the Reichskommissar for the consolidation of German peoples and the Volksdeutsche Central Centre. For reasons of secrecy, a statement of further details on this matter is acceptable, but there can be no doubt that the bearers of offices within the Volksdeutsche Mittelstelle have always derived their duties from the authority of the state, namely from a Führerreffl. Bs was therefore to be assumed that the defendant, as a worldly leader in the resettlement camp of Neidenburg, should not be regarded as the bearer of the NSDAP's office but as the wearer of an office whose duties derive from the authority of the state, so far as the jurisprudence of the Deutschon courts denied the civil servants the bearers of the offices of the NaziAP and their glia- tions, because a derivation of the official status from the power of the State lacked, it could not be applied here. However, the question remains doubtable whether the civil servant's identity was to be denied for other reasons within the meaning of § 359 RStGB, and that is because the accused had only become a member of the Völks- deutschen Mittelstelle by way of emergency service and not by appointment, and also that the accused lacked a pre-establishment because he had to be treated as an official in the criminal-legal sense if necessary. In this direction, the court has assumed the following considerations: