English Translation

32 - 2 - is the decision as to whether the penalty is to be mitigated and, if so, to what extent within the statutory penal framework, placed in the duty-worthy discretion of the judge. The judge has thereby reverted to the purpose of the law and set a standard according to the meaning of this provision. It is precisely an abnormal state of mind of the accused that must give the court the opportunity to examine whether a reduction in punishment is at all expedient; for after the medical examination it is wrong to treat psychopaths consistently milder than conditions. A person of a spiritual value must endeavour to balance his or her community-hazardous facilities with special efforts; a severe punishment may be appropriate to draw attention to this need in particular. Only if the facts are assessed according to these considerations can the court find a penalty appropriate to the wrongful content of the act and the personality of the perpetrator (RG DR 1942 p.329). 42. Insidiousness Act. a) For the question whether an assertion within the meaning of § 1 Heim-tückegesetz. is capable of seriously damaging the well-being of the empire or the prestige of the imperial government or that of the party or its licides, it does not matter whether the utterance actually had this effect in individual cases, but whether it was generally suitable to achieve this success. In this examination, however, not only the content of the claim itself and in general, but also the circumstances of the individual case must be taken into account, including the personalities of the perpetrator and the listener (RG DR 1942, 441). b) According to a decision of the Grand Senate of the Reichsfügt for criminal matters dated 25.6.1941, the offence is malicious. Section 2 of the Act against Insidious Attacks on State and Party and Protection of the Party Uniform of December 2, 1934 (RGBl. I 1269), who demands an expression of the Árt disapproved in section 2 (1), because he wants to endanger the trust of the people to the political leadership. - 2 -