English Translation

- 19 - 22 26. Interrogation of Russian prisoners of war in proceedings against guards, According to a decree of the head of the OKW of February 6, 1942, the guidelines of the leader concerning the interrogation of members of the enemy states (see 9th Assembly Decree No. 1) also apply if Russian prisoners-of-war are considered witnesses in proceedings concerning guards. In such cases, particular care must be taken to ascertain whether the questioning is essential for the conduct of the proceedings. 27. Ensuring the crime proceeds. a) Principle. The perpetrator must not remain in the enjoyment of the crimes which he has obtained through the criminal act. The crime proceeds, the profit of the crime, must be evaded from the perpetor soon. b) Confiscation. The regular first means of securing is confiscation. It must also be applied, if it is not necessary for the purpose of securing evidence, but ensures the crime. c) Confiscations. According to the law, only objects which are produced by an intentional crime or offense, or which are used or intended to commit such a crime, are in question. Objects to which the offence relates or through which they have been obtained shall not be withdrawn. Stole or looted property shall in principle be returned to the owner --. If the property is not established, they shall be used as cirgezcgane. This also applies to other crime offences which cannot be recovered unless special provisions are given, e.g. the declaration of revocation in the event of bribery (§ 335 RStGB). Special provisions which provide for a crwciterte confiscation include e. g. § 72 of the D_vicengesetz, § 8 of the Konsum- hegelungsverordnung, § 12' of the Handelsverordinung - 20 -