English Translation

33 21 In view of these circumstances, the Court held that a prison sentence of one year's duration and a fine of 300.-RM were received by Col defendants: H o n s a and Ki a p a . The defendants H on s a. and K l a pa participated about 5 times in the winter of 194i/42. in the club room of the Ho- tel to the bell in Budweis at the game of fortune "F e r b e 1 ", which they have either affected or co-arranged, including once with the defendant N e č a s e k , they are credible to admit in agreement with this. The defendants, who irrefutablely assert a passion for play as a motive for action and admit the habituality of their actions, but deny the intention of commerciality, have continued to oppose the provisions of § 284, 284 a StGB in Tateinheit - § 73 StGB, regarding the question of the effectiveness of the play of luck, its habituality and the relationship between it and the continuation, are referred to the statements under A./Angelag ter N e č a s e k III. The applicability of the German criminal law is based on § 15 a para., II of the VO, on the exercise of criminal jurisdiction in the Protectorate of Bohemia and Moravia, 14 April 1939, in the version of the RO, 5 May 1941, according to which German criminal justice, if applicable to the action of a party ... here to the act of the accused N e č a s e k as a German national ..., must also be applied to the actions of the usual parties. Furthermore, it was considered that the only case in which the defendant H o n s a and the defendant K 1 a p a merged with the defendant N e - a s e k constitutes part of a continuing act which, for the purpose of applying the prescribed criminal law - the German criminal law and the protectorate's penal law - apart, appears unnatural and expedient, the accused H o N s a , as well as the accused K 1a p a is thus a continuing offense of the public event of gambling in deed unit with a continued offense