[395] Document Schlegelberger 60, later received in evidence as Schlegelberger Defense Exhibit 26, is reproduced earlier in this section.
[396] Here defense counsel makes two erroneous references, as both the contemporaneous documents and Schlegelberger’s ensuing testimony show. The pertinent penal ordinance concerning Poles and Jews was promulgated on 4 December 1941, and it was introduced in evidence as part of Document NG-715, Prosecution Exhibit 112, reproduced on page 632. On the other hand, Prosecution Exhibit 343, which defense counsel mentions, is a draft for a penal ordinance on Poles and Jews by defendant Schlegelberger. He transmitted this draft to the Reich Chancellery on 17 April 1941 with a long letter of explanation (NG-144, Pros. Ex. 199). Both the transmittal letter by Schlegelberger and the proposed draft are reproduced earlier in this section, and both are discussed in the following testimony by the defendant.
[397] Document NG-227, Prosecution Exhibit 341, is not reproduced herein. It contains, among other items, a note prepared in the Reich Ministry of Justice, dated 26 November 1940, stating that “the Deputy of the Fuehrer [Rudolf Hess] thinks it best to rescind the application of the German Penal Code in the new eastern provinces and to create a penal code a special dominating principle of which must be to deter by fear and there must be a possibility of pronouncing a sentence of corporal punishment. The law of criminal procedure must not allow for obstruction; here the deputy of the Fuehrer is in favor of police courts martial rather than law courts.”
[398] This draft (NG-331, Pros. Ex. 343) is reproduced earlier in this section just following Schlegelberger’s letter of 17 April 1941 (NG-144, Pros. Ex. 199) transmitting the draft to Lammers, Chief of the Reich Chancellery.
[399] Document NG-144, Prosecution Exhibit 199, dated 17 April 1941, reproduced earlier in this section.
[400] Decree concerning the administration of penal justice against Poles and Jews, 4 December 1941 (NG-715, Pros. Ex. 112), reproduced on page 632.
[401] Extracts from this article were offered in evidence as Document Schlegelberger 61, Schlegelberger Exhibit 27, reproduced earlier in this section.
[402] This is an undated table entitled “Death Sentences.” It lists 115 persons delivered to jail between 24 April 1942 and 1 September 1944, all having been sentenced by the Special Court in Stuttgart. However, in a column headed “Execution,” the table shows that five of the cases were either sentences for a term of years or possibly cases where death sentences were changed to imprisonment for a term of years. The entry under the heading “Execution” for the two cases mentioned by Schlegelberger are for Pitra, “8 years’ prison camp” and Wozniak, “5 years’ prison camp, beginning September 1942.”
[403] Reference is made to article I of the Supplementary Decree concerning the Administration of Penal Justice against Poles and Jews in the Incorporated Eastern Territories, a decree signed by the defendant Schlegelberger and Dr. Pfundner. This decree (NG-665, Pros. Ex. 346) is reproduced earlier in this section.
[404] Reproduced earlier in this section.