5. It is expressly prohibited to hold suspected perpetrators in order to transfer them to the courts upon reinstitution of their jurisdiction over civilians.
6. The commanders in chief of the army groups can, in conjunction with the competent commanders of the air force and the navy, restore the Wehrmacht jurisdiction over civilians in districts which are sufficiently pacified.
For the area of the political administration this decree is issued through the chief of the high command of the Wehrmacht [marginal ink correction inked out: C-n-C of army in agreement with C-i-C of other branches.]
II
Treatment of punishable offenses of members of the Wehrmacht and its employees against the native population
1. For offenses committed by members of the Wehrmacht and its employees against enemy civilians, prosecution is not compulsory, not even if the offense is at the same time a military crime or violation.
2. While judging offenses of this kind, it should be considered in every case, that the break-down in 1918, the time of suffering of the German people after that, and the numerous blood sacrifices of the movement in the battle against national socialism were decidedly due to the Bolshevist influence, and that no German has forgotten this.
3. The judge examines therefore whether in such cases disciplinary action is justified or whether it is necessary to take legal steps. The judge orders the prosecution of offenses against civilians through court-martial only if it is considered necessary for the maintenance of discipline or the security of the troops. This applies, for instance, to cases of serious offenses which are based on sexual acts without restraint, which derive from a criminal tendency, or which are a sign that the troop threatens to mutiny. The punishable offenses of destroying senselessly quarters as well as supplies or other captured goods to the disadvantage of the own troop should, as a rule, be judged as more leniently.
The order of the inquiry proceedings requires in every individual case the signature of the judge.
Extreme care must be exercised when judging the authenticity of the statements of enemy civilians.