STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 2045, sig. 109-7/52

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English Translation

- 0- 15a were free. Jochimsen was the only one ( r wanted to have nothing to do with the flag flight and who advised against it. He did not come to this error out of inferior attitude, but singlelicn cus falsely instinctive Kaneradschaft. Thus it also becomes clear that he initially said the untruth in the first negations.The court takes into account that he felt as an otherwise honest soldier bound to the "word of honor" given to his comrades. Despite these mitigating reasons, a prison sentence is required for the maintenance of husbandry and deterrence in the troop. Two months of imprisonment seem appropriate to achieve the purpose of the penalty and to atonement for the crime. Because of the reprehensibility of the deed and the thus shown very loose attitude, the defendants Spitzig, Freyborg and Bühlneyer were deprived of the civil rights of honour, namely the Aige sued Spitnig and Buhlmoyer for life and the defendant Freyborg for the duration of eight years (§ 32 RStGB). The sentence to death and to penitentiary had resulted in the execution of the decree on a special court in criminal matters for members of the 1⁄2 of the l.Novomber l939 and § 31 of the MStG, in the case of the accused Bühlneyer and Freyborg. In the case of the Anklogtel Spitzig, these honorary sentences were no longer to be pronounced, since they were already strongly recognized in the judgment of 2l October l940 in the search for St.L.447/40. The detention suffered was not credited to the defendants Spitzige, Freyborg and Bühlmeyer because of the Verfasslichkeit and the eyes of the misconduct (§ 64 KStvo) '. Fid.R. gez. Burneister /-Sturmbannführer u. M-Untersturfuirer H-Richter. 41964