English Translation

- 25 - II. From decrees of the Wehrmacht. The OKH has announced the following principles for the interpretation of the guidelines of the Führer and Supreme Commander of the Wehrmacht for the measurement of penalties in the event of a flag flight of 14.4.194o: a) In contrast to the former "Fahnenflucht im Rückfall", "repeated flag flight" does not require a punishment already followed or even a conviction for a flag escape. It is enough that the perpetrator becomes fleeting again after a flag flight with the intention of permanently evading the obligation to serve in the Wehrmacht. A uniform act will usually only be accepted if the second flag flight begins shortly after Ablcuf the first, so that both still appear as a natural hand- ing unit. (b) "foreign" means any country which is under its own sovereignty, even if there are German troops there, but not the territories of the enemy states occupied by German troops. Therefore, abroad is Bulgaria, Denmark, Finland, Italy, Croatia, Romania, Slovakia and Hungary, not Belgium, Greece, Luxembourg, Netherlands, Norway, Serbia and the occupied parts of France and Russia. "Persecuted flight abroad" is the case if the perpetrator during the duration of the flag flight had the serious intention to go abroad, had and tried to achieve it. The attempt to cross the border is not necessary. d) The guidelines refrain from delimiting the term "significantly pre-punished" by specifying the number, amount or type of criminal penalties. It is therefore necessary to examine whether the criminal convictions of the perpetrators should be regarded as "significant", leaving them to the discretion of the court. After all, it is necessary to assume that Vorstrafon, which does not exceed one year in its height, is not to be considered as significant. The question of whether criminal records are to be regarded as significant does not have a decisive significance, because according to the guidelines of the leader, the death penalty is only appropriate for "n general" in the case of significant criminal records of the perpetrator. The court will therefore, even if it considers the criminal record of the offender to be significant, have to examine whether the death penalty is appropriate, taking into account all the circumstances of the individual case. It will be impossible to foresee the death penalty if the criminal record - at least for the most part - has been delayed for a long time or is imposed for negligent crimes or does not substantially consider the personality value of the perpetrator. The death penalty for "heblich Verstif n" is to be imposed only on those perpetrated by a - 26 -