English Translation

Na -24 - the defendant deliberately supported the high- and country-provoking activities of Jošt and Schneeberger. The Senate did not accept perpetratorship with him, since the nature and extent of the activity carried out by the accused merely justify the acceptance of the status of assistant. The defendant, as already claimed, is not the personality who has been driving or determiningly active. On the contrary, he is the typical democratic parliamentarian. He has been influenced by personal advantages and has preferred to stay in the background according to his character described above in order to continue his double game. The Senate has therefore, in accordance with the view expressed by the defendant in the main proceedings, accepted aid for the preparation of high treason and for the benefit of the enemy - crimes according to §§ 80 (1), 83 (2) and §3 (1), 91b, 49.73 StGB. The individual acts in which the accused has taken action are devoid of independence and constitute a continuing act in the legal sense. V. Penalties and secondary decisions. The penalty was to be drawn from § 9lb Abs.l StGB. than from the more stringent law. § 9lb.2 was not in question, since more serious consequences could not be ruled out. According to § 49 para.2, § 44 para.2 StGB., the penalty to be fixed against the defendant was to be reduced according to state aid principles. In the determination of the penalty, attention was primarily to the need for protection of the German people. Due to the special conditions in the Protectorate of Bohemia and Moravia, the Czech resistance movement is particularly detailed and insidious. These are secret aspirations of fanatic Czechs who are unable to see that only in agreement with the Reich a happy future for the Czech people is to be hoped for and who therefore intend to undermine the new confidence of many Czech circles in the German leadership 0423