English Translation

- 25 - 38 II. From decrees of the Wehrmacht. In order to interpret the guidelines of the Führer and Supreme Commander of the Wehrmacht Yür, the OKH has announced the following principles: a) In contrast to the former "Fahnenflucht im Rückfall", a "repeated flag flight" presupposes an already followed punishment even more than a conviction for flag flight. It is good that the perpetrator becomes fleeting again after a flag flight with the intention of permanently evading the obligation to serve in the Wehrmacht. A uniform action will usually only be accepted if the second flag flight begins shortly after Ablcuf the first, so that both still appear as a natural operation unit. b) "Ausland" means any country which is under its own sovereignty, even if there are German troops there, but which is not occupied by German troops. Therefore, abroad is Bulgaria, Denmark, Finland, Italy, Croatia, Romania, Slovakia and Hungary, not Belgium, Greece, Luxembourg, Netherlands, Norway, Serbia and the occupied parts of France and Russia. (c) "Persecuted flight abroad" means that the perpetrator has had, and has attempted, the serious intention to go abroad during the duration of the flag flight. The attempt to cross the border is not necessary. (d) The guidelines refrain from delimiting the term "significantly pre-punishment" by specifying the number, amount or type of criminal record. It is therefore necessary to consider whether the criminal convictions of the perpetrators should be regarded as "significant", leaving a further play rcum to the discretion of the court. After all, it will have to be assumed that Vorstrafon, which does not exceed one year in its height, is not to be considered as significant. The question of whether criminal penalties should be regarded as significant does not have a decisive significance, because according to the guidelines of the leader, the death penalty is only appropriate "in general" in the case of significant criminal penalties of the perpetrator. The court will therefore, even if it considers the criminal record of the offender to be significant, have to examine whether the Todcsstrefe is appropriate, taking into account all the circumstances of the individual case. It will be impossible to foresee the death penalty if the criminal record - at least for the most part - is long or is imposed for negligent crimes or does not substantially injure the personality value of the perpetrator. The death penalty for "heblich Vorstr - feu" is to be imposed only on those perpetrated by a ... - 26 -