English Translation

- 20 - 3E The defendant had been in the emergency service relationship since October 5, 1940, and was therefore deemed to be a long-term emergency service obligation in accordance with Section 3 of the Emergency Service Ordinance of October 15, 1938. It is remarkable that according to Section 2 of the same Regulation only authorities can demand emergency services, a further proof of the correctness of the above statements. Through the emergency service relationship the Angoklagte joined the Volksdeutsche Mittelstelle in a public legal service relationship of a special kind, This public legal relationship established an employment relationship, as it speaks at normal peacetimes to a Dienstvertrcg ont- ont. Taking into account the fact that the emergency service is also a public service and, in view of the fact, that the provision of § 359 RStGB was not yet able to take account of the emergency obligation, the field court did not have any concerns about the long-term emergency service obligation of a provisional employment in the public service i.S. § 359 of the RStGB, and this is because it could only be a question of determining whether, with regard to the scope of duties of the civil servant, there is equality of character between a service relationship justified by provisional employment and an obligation to serve by emergency service, which is the fault here: The nation must demand increased fulfilment of duties by every citizen during the war (cf. For example, the abolition of age limits, the prolongation of working hours). It must therefore demand from the public authorities the attitude of a duty-abiding official, even if it is unable to equip the non-served fellow citizens with all rights, in particular property rights, like an official. It is therefore not against the equalisation of the long-term emergency service obligation with the provisional employment in the service of the Reich, that the former constitutes a (dissolvingly conditional) obligation of temporary deuter from the outset, while the latter an obligation (supposingly conditionally) which usually has a final employment as the objectivec. The highest judicial jurisprudence of § 359 RStGB is that it does not apply to the form of employment (whether express or implied) as a worker or employee, whether permanent or cinstweiig) as well as to whether the services are more or less subordinated (cf. Dalcke, 30th ed., remark 46 to § 3 59 RSt GB and decisions taken there). In so far as the defence of the defendant finally considers the provision of § 359 RStGB to be inapplicable on the ground that the defendant had lacked the Bowusstein of his official status, neither could the court of the field did it. In this respect, the highest judicial jurisprudence held sufficient jurisdiction if the court ai. For the purpose of the regulations on crimes and offences in the office, the knowledge of the perpetrator is sufficient that he is in a position of service which makes a special conduct a duty for him and that he has been offered his conduct out of this duty (cf. D-lcke, remark 46 on § 359 RStGB and there -21-