English Translation

20 - 17. Such an assertion seems basically unbelievable, unless it is proved correct by certain facts. This is generally only the case if the perpetrator has committed the serious as well as suicide, especially if he has inflicted corresponding injuries, but has nevertheless escaped with his life. For the purposes of criminal law assessment, it must be assumed that in times of distress every man, especially the soldier, must fulfil his duty to the people and the state to the eussierst and also not become unfaithful to his flag oath by the attempt of a free death. As a result, at least those in whom the perpetrator is alive and self-evident, because the military service seems to him to be too strenuous and arduous "because he is sick of it", can no longer remain impunityless from the up to now recognized consideration that the perp "only prepared an act ending the duty of service.* Nor will it be considered as decisive whether the perps, except for their suicide, considers the possibility of becoming fit for injury (§ 5 no.3 KSsvo.) and approves it. The suicide attempt can also be pressure-mountaining and military service if it takes place out of motivating grins of the described kind. The further question, whether in these cases flag flight or decomposition is present, is to be determined according to whether the rest of the flag flight essential markings ("his troop or service leave or stay away"). If the perpetrator commits such a suicide attempt, e.g. directly with the force, the conviction will be based on § 5 No.3 KSSVo. However, another assessment is required if a soldier has no connection with his willingness to serve for other reasons, eg. out of a statement of sudden death from his family, out of the knowledge of being incurably ill or having killed a comrade out of imprudence or guiltless, takes to the weapon. For here it lacks the low motivation, which makes the flag flight and the degeneration of force dangerous and contemptible in the same way. - 18 -