Conference with the Attorneys General [Generalstaatsanwaelte][191] on 23 January 1939
Protective custody after serving punishment, after acquittal, after release from arrest pending trial.
From the individual districts:
Munich (Leimer)—In Memmingen 4 cases of arrest for protective custody occurred and 2 of those after penal detention, 2 after arrest pending trial (not advisable, because executed in the same prison, probably even in the same cell), 8 in Augsburg, 1 in Kempten, 7 in Munich, altogether 359 after penal detention. The cases are decreasing.
Hamm (Semler)—No detrimental cases. 1 case in Arnsberg with the explanation that there is no intention to criticize the sentence. There have been frequent requests for calling back in cases where no warrant of arrest is issued.
Berlin (Jung)—The State Police [Stapo] takes functionaries of the KPD [Communist Party] into protective custody after penal detention. In cases where a warrant of arrest in high treason affairs is rejected, protective custody is to be ordered at once. Furthermore, in 1937 and 1938 a few priests and Jews in protective custody in cases of refusal of warrants of arrest. Protective custody justified on an acquitted sexual criminal (later conviction). No further annoying clashes.
Jena (Wurmstich)—Penitentiary inmates as a rule always in protective custody after penal detention likewise traitors and defaulters [violating restrictions acknowledged by signature upon release]. As regards the detrimental cases, improvement since 1936. Jehovah’s Witnesses are arrested on principle after penal detention, but are mostly released after 3–4 days.
Duesseldorf (Hagemann)—3–4 percent of the released are taken into protective custody. Jehovah’s Witnesses are released, if they countersign. There are frequent requests for calling back in cases, where no warrants of arrest are issued.
Stettin (Staecker)—Only in very few cases protective custody after penal detention. In 2 cases (abortion by female defendant Dr. Buchholz and 1 other case in accordance with section 175a of the penal code [Sodomy]) protective custody was entirely justified as the result of the appeal has shown. (Case Buchholz 4 years of hard labor.) As a rule, Jehovah’s Witnesses and high treason criminals are arrested pending trial.
Celle (Schoenering)—On principle, traitors, Jehovah’s Witnesses, homosexuals, and persons guilty of abortion are taken into protective custody after penal detention. 4 detrimental cases of protective custody: priest, RM 10,000 bail; race defiler, RM 15,000 bail; acquitted because of proved innocence; Jew (after being acquitted of acting maliciously against the State); insulter of the SS (after penal detention).