English Translation

20 - 32 special director for the fund office he was not at all entitled to his obligation to do so; he was still obliged - besides those - to safeguard the interests of the entitled, even if in this case the measure of his fault is much milder - case 4./ in November/December 1942 - , Hiegegen can not be spoken of an understatement committed in deed with the infidelity, she sets - besides the sole custody - . the fact that the perpetrator of a gentleman's position in his own Nanen has the case or permits the approach. But such an intention is far from the accused; any rights and powers he did not want to put up with in the find for himself or in his name; he took a completely passive position out of fear and took the view that the removal was solely at the risk of the defendants N e č a s e k and V a n e š. By the way, in the case of 4./ the requirement of sole custody would be lacking, after at that time already K u č e r a of his office. The defendant T e r š i p has thus found himself guilty of an offence of infidelity in 5 cases, all of which have occurred almost under the same external circumstances and have emerged as an effluent of the decision of the defendant, which was already present at the first regularity, to read the facts and to consider himself with no one to be hostile, in particular with no German national, § 73 StGB, The temporal distances between the individual files are not great that they could be regarded as hinds'a for this legal assessment. The defendant is thus guilty of a continuing offence of loyalty within the meaning of § 266 StGB. In favour of the defendant, the prosecutor considered that he had not been convicted, had been held responsible and had become the victim of another senior official, nor had he been enriched by his misconduct, and that he was not in favour of having assumed a high degree of equality and consideration in his duties, that he took a position which obliged him to be ashamed of his conscience and of his attitude in the service, and 5 cases of disloyalty which had been brought before him.