STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 1975, sig. 109-6/67

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English Translation

6-3a The entire police under the special jurisdiction of service in the Old Reich, on the other hand, according to general criminal law. The latter could therefore not be held responsible at all because of military offences. Just think of the many possible violations of duty, which fall as "military disobedience" under § 92 MStGB.! This condition was unsatisfactory and in no way served the necessary legal certainty, since the reasons for this different treatment were at best understandable to the lawyer, but could not easily be recognized by the parties concerned. In addition, it was often difficult in this way to determine whether any of them were subject to special jurisdiction, since the borders between the troop federation and individual service were sometimes quite fluid. All these difficulties have now been removed. At the request of the chief of the police, the Reichsführer-4 and head of the German police determined by decree of the 8. 1) that, with effect from 1 September 1942, the entire administrative police, including their aid organizations, are in the special Einsat and are subject to the 4 and police jurisdiction. The members of the fire brigades, the technical emergency service and the air-gun police are subject to the 4th and the police court only with regard to those general and military crimes which they commit in service, in relation to the service or in uniform. Thus, the entire police is today under the - and police court. It is thus again linked to the old, soldiery tradition of the police: for until the end of the First World War the gendarmerie of the German states stood under the martial law as part of the army. As a result of the unity of the police, it is clear today that the police have taken the 21⁄2 and the police jurisdiction instead of the martial law. The police court is greeted by the whole police: Since ancient times the soldier has been under special law. This right had been developed from the special position of the warrior state and from the necessity to place the Soldat virtues: faithfulness, man-breeding, honor and comradeship, under special Schut. True but such right must be soldiers and comrades! Thus, as the soldier of the Wehrmacht stands before the court of his court, the 41⁄2- and the police judge. This court is surrounded by a 4-judge, a co-seater in the rank of a staff officer and an assistant in the ranks of the 1) printed in this issue 95. 78