[505] This decree, entitled “Decree concerning the Administration of Penal Justice against Poles and Jews in the Incorporated Eastern Territories,” is reproduced as part of Document NG-715, Prosecution Exhibit 112, on page 632.
[506] Political organization founded by the Austrian Government in 1934 after the dissolution of the Social Democratic Party and the National Socialist Party.
[507] Reference is made to the “Law on Insidious Acts against State and Party, and for the Protection of Party Uniforms,” Document 1393-PS, Prosecution Exhibit 508, reproduced in section IV-B.
[508] Reference is made to the “Decree concerning Special Criminal Law in Wartime,” 17 August 1938, the relevant provisions of which are reproduced on page 184, as part of Document NG-715, Prosecution Exhibit 112. Article 5 of this decree is entitled “Undermining of Military Efficiency.”
[509] All italicized parts in this portion of the document are handwritten in the original.
[510] Bracketed text is crossed out in original document.
[511] Concerning this document, see extracts from the testimony of defendant Lautz reproduced below in this section.
[512] The first-mentioned law, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B, and extracts from the second mentioned law, as a part of Document NG-715, Prosecution Exhibit 112, on page 184. Article 2, paragraph 1 of the law of 20 December 1934 provides that “Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them, or about institutions created by them which are apt to undermine the confidence of the people in its political leadership, shall be punished with imprisonment.” The decree of 17 August 1938 on special criminal law in wartime established and defined the new offense of “undermining of military efficiency” and makes the death sentence mandatory. In view of the different penalty under the two laws, the question of indicting a person who allegedly made defeatist remarks under the one law or the other was most significant.
[513] Concerning Judges’ Letters, see the materials in section V C 3 b.
[514] A town west of Smolensk where a mass grave of 10,000 Polish army officers was found. See Trial of Major War Criminals, op. cit., volume XXIII, page 426.