English Translation

(e) "criminal activity" is given if the perpetrator has shown a strong criminal will. The fact that there is a crime of § 1 MStGB. or RStGB is neither necessary nor sufficient. If the perpetrator only wanted to obtain the necessary means of subsistence or for the further escape by the acts, then a dishonest activity will only be accepted if serious legal violations have occurred. 41. Deed falsification - Special ID D. The OKH announces in the 8th Collection Decree of 10 January 1942: a) The special pass D - HM.194o No.657 - is intended exclusively for the control by military service stations, i.e. for the trereren Dienstbetrieb, it is therefore not to be regarded as a public document within the meaning of § 267 RStGB. (cf. the executions of the ReichsMilitärgericht on the holiday card in vol. 4 p.86 et seq. (b) The entries on the front side of the special card D are irrelevant only for the purpose of proving rights to legal conduct. Therefore, the front of the Special Card D is not at all to be regarded as a document, also not as a private document. Only to the extent that the information on the face of the particular card D. To supplement the note on the reverse, they are part of a substantial private document (see remarks under c). The change in the identity card holder's name would therefore be the falsification of a private document. c) The note on the severance payment with food and Wehrsold on the back of the Bonder pass D is a substantial private document (§ 267 RStGB.) because it results from the fact that the identity card holder no longer has a right to food and wehrsald for what period. The unauthorized amendment of the note is therefore falsification of a document. It is irrelevant whether the note also bears signature or service stamp on the reverse side. Since the amendment of the note seeks an asset advantage, the requirements of § 268 RStGB. are also available. III. Jurisdiction of the highest courts. 42. For the application of § 51 Abs.2 RSt GB. to Psychopsthen. § 51 Subs. does not prescribe the reduction of penalties, but determines that the penalty "can" be mitigated. Thus - 27 -