English Translation

- 13 - 16 The Special Tribunal shall be governed by: (k) the Police Flight Department following the RD Decree of the RF/uChdDtPol. of 26 January 1942 (0-Kdo I 0 (3) 2 No.297/41), (b) the members of the High School of the Order Police (including Members of Parliament) following the decree of the RFyluChddtPol of 2 February 1942 (O-K do I O(4) No.8/42), (c) the police courier service following the order of RFyjuChdTPol. of February 25, 1942 (0-Kdo D P I (1c) 34/42). 15. "preventions" of members of the police, for which the 4 and police courts are responsible. The view expressed by the Hauptamt 1⁄2-Gericht in the 8th Collecting Decree No.9 that the V- and police courts during the war are also competent for criminal acts by members of the police, which are committed before the beginning of the service relationship establishing the special court (so-called. The following fundamental decision of the Reichsgericht of 5.2.1942 (3 D 779/4o) recognized the defendant: "The defendant was called to the police training battalion Frankfurt/Main on 1 March 194o and has been in operation at the police battalions 3o6 in Poland since 5 October 194°. The members of the police associations are under the jurisdiction of the law courts (Regulation on a special jurisdiction in criminal matters for Angchörige der W and the members of police associations in special action of 17 October 1939 (RGBl. I p.21o7). By order of 9 April 194o XXI (RA III), the Reichsführer- und Chef der Deutschen Polizei (Reichsförder- und Ober der Deutscher Polizeice) authorised pursuant to § 7 of this regulation to do so, has determined that all associations of the police in the home country are in special use within the meaning of § 1 No. 6 of the regulation. The associations of the order police within the meaning of the decree also include the police-training battalions and the police battalion (Ex. Order of the Chief of the Order Police of 19 May 194o - O-Kdo P I (1a) No.2o2/4o -). The accused has committed the acts already before his entry into the police association. According to Art. VI of the First Decree of 1 November 1939 - RGBl. I p.2293 to the Law of 17 October 1938 - provision of § 2 No.1 KStVO of 17 August 1938 - RGBL. 1939 I p.1457 - he is also subject to police jurisdiction because of these acts. Therefore, the general criminal courts are responsible for the judgment of the court. If the defendant's actions are not competent, the judgment must be set aside and the proceedings closed." - 14 -