STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 356, sig. 109-4/101

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English Translation

In § 4 (Flags of the Jews) the provision that Jews may show the Jewish colours has been omitted, since the development of the Jewish question in the last year makes such a provision no longer seem appropriate. §5 therefore introduces the concept of the Jew from the First Decree to the Reichsbürgergesetz. The concept of Jews of validity - as in the whole of the rest of the German Reich area - is reserved exclusively to persons of German nationality. However, it does not apply to members of the protectorate and stateless persons. It is up to the protectorate government to introduce a regulation corresponding to the Reichs-German law for the protectorates. That the jurisdiction of the German courts for violations of the regulation is given, even if the perpetrators are members of the protectorate, results from the nature of the legal goods to be protected (cf. §7 para.2 of the draft, whose wording is based on § l6 of the decree on the exercise of criminal jurisdiction in the Protectorate of 14 June 1939 - RGBl.I p. 754). For the formulation of § 8 of the draft, the provisions of § 3 para. 4 above apply. The provisions of Section 15 of the First Execution Order, which equate the stateless with German nationals in the field of blood protection, are not introduced (Section 9 of the Draft). The considerations which led to the adoption of this regulation for the Old Kingdom are not applicable to the Protectorate. Furthermore, since the German blood protection legislation is not intended to protect the protectorate members, it would be absurd to want to protect precisely the blood of the stateless in the territory of the Protectorates with this legislation. I would ask for your opinion on behalf of Dr S t u c k a r t.