English Translation

25 .23. Sje admits that the amount of 200,-K has been paid without reservation by the defendant when he was told that he was in need; he may have made the request conditional on giving further information; he mentioned that he had paid back, but had noticed that he would pay back the amount if he had accepted his circumstances. The witness R u t h has stated that sometimes in particular cases justified criminal charges would not be issued to the court, if superior state interests made it appear expedient and it were insignificant criminal offences, the question of the legality of a slick exercise can be left to be put aside. It can be believed to the defendant that, in any event, he has not been refuted to have considered such a violation to be compatible with his official duties and with the will of the legislator, and that he has guided him in this respect to technical aspects of the service. In the light of the results of the taking of evidence, it is not necessary to state that the accused is not entitled to any funds of identity and thus has been guilty of an offence of insinuation within the meaning of the & 350 StGB cder of infidelity within the sense of § 266 StGB, nor is it necessary that he has deprived anyone of the penalty provided for in the law and thereby made himself guilty of a crime of favouring the office under § 346 StGB. He was therefore also in so far f re i zu s p re c h_e no I!Ie reproach of the gambling, The accused and some of his acquaintances used to come together in winter l941/42 at the hotel to the bell in Budweis in a Kiabraum separate from the scnstige gagt localities, which was not entered by other guests, in order to devote themselves to the game "F e f b e i ", The game is a glüekspiel and forbidden, as the accused and all fellow players were known. He took part in about 1 0 game evenings, which mostly extended far beyond the police hours.