English Translation

56 -6 - Kitarbeit in favor of many accused compatriots before the People's Court. I allow myself to recommend it to your benevolent attention. To your strictly confidential information, I inform you that so far it has been established that the following members of the Protectorate are charged with the Peoples' Court in Berlin".: / follow a series of names /. The recipient Dr. Masařik gave the letter for factual processing to the senior section councillor Tomeš with the following handwritten note: "Kdelege Tomež, write the names for confidential information... .... ". From this letter the defendant received only knowledge of his arrest in November 194l. Prior to that, he had only been told orally at the Protectorate's embassy in Berlin that he would be recommended to the protectorate government so that, as far as was possible, it would assist him in the transfer to Prague. The defendant credibly admits this fact in the main trial. He denies having deliberately betrayed secrets. He considers that he was not an official within the meaning of Section 359 of the RStGB or a person to be treated as an official under Section 353b of the German Civil Code.He also considers that the facts communicated by him were not secretive in the sense of § 353 of the Civil Code, since they were only those things which had already been discussed in the main public hearing or were to be negotiated in public session. The defendant therefore considers himself innocent. The following is to be noted: The defendant merely translated as an interpreter at the Reichskriegsgericht and the Volksgerichtshof. In the sense of state law, the defendant thus did not become an official. It can also be stated whether the defendant was an official within the meaning of § 359 StGB. For the affirmation of the official status of the defendant according to § 359 StGB, the consideration is that the defendant is a dol- mechanic, whose services are not merely mechanical,