English Translation

84 - 3 - G.u.Vdg, according to which members of the State Defence Guard in the performance of their duties under this regulation are subject to the military laws and courts. (8e of the file of the Division Court). At the Divisional Court in Pilsen, an appeal against the educated coranda was brought against pursuant to § 143 of the M.Str.P.0. Initiated (B1.1 of the file Dtr.2o2/38) and then brought against him an accusation for a permissive killing (§ 599 of the M.Str.G.) (Bl.22a of the act). The proceedings were not terminated in the main proceedings on 27 July 1938 (B1.31 of the Act Dtr.2.38), but postponed for an indefinite period of time. Finally, on the basis of Art.VIII of the amnesty of the President of the Republic (Dr. Hácha) of 23 December 1938, the proceedings were terminated on the ground that the act did not contradict the interests of security and defence of the state or military discipline. (B1.46 of the file Dtr.2o2/38) In my view, this case is a negligent killing not only by Konanda, but also by Kriegl, who gave the order to shoot. However, if we take this view, the amnesty of the Czech President must be described as correct, and a two-year introduction of the criminal proceedings against Kriegl would also be covered by this amnestia. But even if one were to be appalled that the mention of amnesty can only be applied to crimes committed in the territory of the rest of Czechoslovakia at that time, 22 it must be taken into account, however, that such criminal proceedings against Koranda and Kriegl would also have to be terminated according to § 3 of the decree of the Pührer and Reich Chancellor of 7 June 19ß9. Both of them were members of the former Czech-Slovak Republic and are of Czech nationality.