English Translation

- 19 - 32 26, interrogating Russian prisoners of war in proceedings against guards. According to a decree issued by the head of the OKW on 6 February 1942, the guidelines of the leader concerning the interrogation of members of the enemy states (see 9th Assembly Decree No. 1) are also valid if Russian prisoners-of-war are considered witnesses in proceedings concerning guards. In such cases, particular care must be taken to ascertain whether the questioning is essential for the conduct of the proceedings. 27. Ensuring the crime proceeds. a) Principle. The perpetrator must not remain in the enjoyment of the crimes which he has obtained through the criminal act. The crime proceeds, the profit of the crime, must soon be evaded from the perpetor. , b) Confiscation. (c) confiscation. According to the law, only objects which are produced by an intentional crime or action, or which are used or intended to commit such a crime, are to be taken into account. Objects to which the offence relates or through which they have been obtained shall not be withdrawn. Stole or looted property shall in principle be returned to the owner, unless the owner is established, they shall be recovered as if they were collected. This also applies to other products which cannot be collected unless special provisions are given, e.g. the declaration of revocation in the event of bribery (§ 335 RStGB). Special provisions which provide for an extended confiscation contain e. g. § 72 of the Code of Conduct, § 8 of the Criminal Regulation on Consumption, § 12 of the Regulation on Trade in Goods - 2 -