English Translation

TS 1La 2w the father of Ruth Klier, Mr. Heinrich Hofmann, brought me the original medical report. I checked the medical report and found my suspicion that in accordance with § 5l St.G.B. there are reasons for this, which exclude or reduce the punishment and thus because the perpetrator may at the time of the act. In the case of a consciousness disorder, which suffered from a pathological disorder, mental activity, and was therefore wholly or partly incapable of seeing the unallowedness of their actions and of acting according to this insight. Unfortunately, for formal reasons, it was no longer possible for me to invoke these grounds of exclusion, since my appeal was only against the extent of the penalty and therefore the second instance court could not go further into the question of whether the defendant had at least a reduced capacity to account, since this would be a part of the guilt question. In this respect, there is now a serious mistake in the 37545 defence, which happened without my fault, because I immediately asked Mrs Klier at the first hearing of information before the hearing of the first instance whether she felt mentally healthy, which she did not deny. However, this would be a typical sign of a mental illness, which is most often not perceived by the sick person himself, however - which can only be concluded from his actions. Therefore, because I had no special order, I have excluded a defence on the basis of § 5l StGB, in order not to lead contrary to duty incorrect things in the defense. Since the Second Court indirectly points to this error, I have seen myself obliged to catch up with the failed in the application for grace, in order to at least allow the question xn to be discussed there, whether this formal error could not be improved by grace and whether the defendant could be shown mercy. As I have already stated in the application for grace, a criminality according to § 5l StGB would probably have been excluded above - at least, but at least would have been doaT ./