FIFTH DECREE, 5 MAY 1944, AMENDING THE DECREE CONCERNING SPECIAL CRIMINAL LAW IN TIME OF WAR AND SPECIAL EMERGENCY
1944 REICHSGESETZBLATT, PART I, PAGE 115
Pursuant to Article 10 of the Decree concerning Special Criminal Law in Time of War and Special Emergency[109] (Special Penal Decree for Wartime) of 17 August 1938 (Reichsgesetzblatt 1939, I, p. 1455) the following is ordered:
Article I
Article 5a of the Special Penal Decree for Wartime is amended as follows:
Article 5a
Excess of the Regular Penalty Limits
(1) With regard to all offenders who through an intentional, punishable act have become guilty of causing a serious detriment or danger to the conduct of the war or the security of the Reich, the penalty can be increased in excess of the regular penalty limits, up to the statutory maximum of a given type of penalty, or to a term of hard labor, or to hard labor for life, or to death, if the regular penalty limits are an insufficient expiation according to the sound sentiment of the people. The same applies to all punishable acts committed by negligence, if they have caused a particularly serious detriment or danger to the conduct of the war or the security of the Reich.
(2) In the case of punishable acts committed against the discipline and courage required of a soldier, the regular penalty limits may be likewise exceeded, if the maintenance of discipline and the security of the military unit require it.
Article II