English Translation

84a - 4 - If, however, a crime of manslaughter should be seen in the actions of the two accused, which, in no opinion, is hardly to be proved by the two, the Führer's amnesty of 7 June 1939 would not be applicable, since Vabrechen against juhtimn!! 11 Lives according to § 3 para.2a are expressly excluded from impunity. (Handgchrifi.Notiz In this case, however, the application of the transfer- i.e. the Staalssässeursvertrag of 1 February 1939 RGBl. II, p.21 should be taken into consideration. Pursuant to Art.23 and 24 of the Convention, criminal proceedings pending in a State against nationals of the other State until 1 October 1938 shall be transferred to the other States for further prosecution if the accused is within the jurisdiction of the another State or if he is domiciled there, or if the crime scene is in the sovereignty of the second State. The accused have remained in protective custody in the Protectorate area before being arrested and have still resided there today. The transfer agreement would have to be applied in particular if the two defendants were not to be regarded as persons subject to military jurisdiction and if the assignment to the military court in Pilsen was wrongly carried out. However, according to the final protocol to the transfer agreement I, paragraph 2, only criminal proceedings pending under the law are to be understood as those pending in the general courts and in a public prosecutor's office in those courts. It follows from this that, according to the transfer agreement, the then remaining Checho-slo- vakei was not obliged at all to file criminal proceedings pending before the military courts, so that even if these conditions were met, German courts did not in themselves undertake this criminal case. 45582 - 5 -