English Translation

- 16 - 19 21. Assessment of so-called "organization" and "mortal robbery". By the order of the Reichsführer-7 of 25 November 1937 on the sanctity of property, it is expressly made clear that the "organisation", i.e. the unlawful appropriation of 4-equipment and clothing items as well as other property belonging to the Á or the State, in which the protection team is to be treated as an infringement of honorable property which is contrary to the fundamental law of the sanctity of property. Organizing and stealing is one and the same ! With this view, the 4 is quite deliberately removed from the case law of the RMG and the RKG (see above 2.Collection Decree No. 7 b), according to which in the so-called "organization" no theft must be seen, but only a disciplinary transgression (as Rittau MStGB. 185), this jurisprudence is incompatible with the basic views of the 4 and is also legally countervailable. The intention of unlawful appropriation must not be interpreted too narrowly. This does not by any means include the will to keep the matter out of the rightful person, but the intention to make economic use of it - even if only temporarily - is sufficient to dispose of it like an owner. Therefore, it is also guilty of military theft, who takes an object of service from a comrade or from a foreign company chamber in order to hand it over to his own company chamber. In today's conditions is also for the application of § 37o No.5 RStGB. (Mundraub) hardly any room, since even food and beverage products have become so valuable today that their removal can be regarded as theft, even if it is only small quantities. § 138 MStGB. excludes the application of § 37o No. 5 RStGB . The relevant statements in the 2nd Collection Decree No. 7 are outdated. 22. Evaluation of suicide attempts. In criminal proceedings for flag flight or military service, the defendant often asserts, according to experience, that he has - 17 -