English Translation

30 - 17. Such an assertion seems, in principle, unbelievable, unless it is proved correct by certain facts. This is generally only the case if the perpetrator has committed the serious as well as suicide, especially if he has inflicted corresponding injuries, but has nevertheless escaped with his life. For the purposes of criminal law assessment, it must be assumed that in times of distress, every man, especially the soldier, must fulfil his duty to the people and the state to the utmost and not become unfaithful to his flag oath by attempting to kill himself. As a result, at least those cases in which the perpetrator is living militarily and lays hands on himself, because the military service seems to him to be too strenuous and arduous "because he is tired of it", no longer remain impunityless from the up to now recognized consideration, that the perp "only prepared an act ending the duty of service.* Nor will it be considered as decisive, whether the perps except his free death the possibility to become fit for injury (§ 5 no.3 KSsvo.) consider and approve it. The suicide attempt can also be drickebergerei and military service if it is carried out for reasons of the described species. The further question, whether flag flight or decomposition of military force exists in these cases, is to be decided on whether the rest of the flags are essential for flight ("his force or department leaves or stays away"), if the perpetrator makes such a suicide attempt, e.g. directly with the force, the conviction will be based on § 5 No.3 KSSvo. A different assessment is required, however, if a soldier, for other reasons which have nothing to do with his willingness to serve, e.g. from a shock at a sudden death message from his family, from the knowledge of being incurably ill or having killed a comrade out of imprudence or guiltless, takes to the weapon. For here it lacks the low motivation, which makes the flag flight and resistance degeneration in the same way dangerous and contemptible. - 18 -