English Translation

..9 -- 21: Further, it must and may be assumed that their information is under the influence of a natural relief need in their situation. Other evidence or moments from which a sight could be drawn on the content of the negotiations or the thoughts and ideas that moved the complaint are not available. The fact of the forgery of the find notice cannot be exploited against him in view of the information of the co-defendants which aogar relieves him in this respect. It is also logical and in any case in the practical design, which the find law in ABGB, SS 388 ff has experienced, possible and thought that the finder the claim, which he received after one year against the fund office on In the event of the transfer of funds for the purpose of use and use, only with his request for the acquisition of the property, which is conditional upon the expiry of the three-year period and the failure to notify the loser within that period, shall assign to a third party, whether in return for payment or free of charge, the assignment shall be effected in the event that the Loser right to lapse and the matter is to be returned. In this direction, the defendant defended himself already at his judicial hearing on 23 February 1943 and his information at the hearing by the police, which took place 3 days before, does not preclude such an interpretation, having declared that he had reckoned with the possibility of asserting the losers' rights before the expiry of the three-year period and then published the wheel if necessary. The price of the bicycle he sought was, therefore, legally feasible. Subjectively, he was not to prove that he was unable to obtain a legal acquisition through proper negotiations with the finder, but that he considered it necessary to carry out a punishable procedure, or that he had only considered it possible and accepted it; moreover, if the path indicated by the accused N e č a s e k as intended would have been legally inadmissible, it would have to be an unlawful error of the Tatgachen within the meaning of § 59 StGB. The defendant V a r e š can only point out for his contrary view that the defendant N e č a s e k the amount of 10O.~ K as finder's wage, not designated as the purchase price and thus made it clear to himself that the finder thus merely