English Translation

- 2 - is the decision as to whether the penalty should be mitigated, and, if so, to what extent within the general penalty framework, placed in the discretion of the judge, who has thereby reverted to the purpose of the law and set a standard according to the meaning of this rule. It is precisely an abnormal state of mind of the accused that must give the court the opportunity to examine whether a reduction in punishment is at all expedient; for after the medical examination it is wrong to treat psychopaths consistently milder than conditions. The mentally inferior person must strive to balance his community-dangerous facilities with special efforts; a severe punishment may be appropriate to point out this need particularly strongly. Only if the facts are assessed according to these points of view can the court find a penalty appropriate to the wrongful content of the act and the personality of the perpetrator (RG DR 1942 p.329). 4. Insidiousness Act. a) For the question whether an assertion within the meaning of § 1 of the law on home affairs is capable of seriously harming the welfare of the empire or the reputation of the Reich government or of the party or its licencing, it is not important whether the statement actually had this effect in individual cases, but rather whether it was generally suitable to achieve this success. In this examination, however, not only the content of the claim itself and in general, but also the circumstances of the individual case must be taken into account, including the personalities of the perpetrator and the listener (RG DR 1942, 441). b) According to a decision of the Grand Senate of the Reichsfügt for criminal matters dated 25.6.1941, the offence is malicious. Article 2 of the Act against Insidious Attacks on State and Party and Protection of the Party Uniform of December 2, 1934 (RGBl. I 1269), who makes an utterance of the kind disapproved in § 2 (1), because he wants to endanger the trust of the people to political leadership. - 28 -