For special reasons, I draw your attention to the fact that the prosecution of punishable offenses is exclusively the concern of the judicial authorities.[211] All cases, where persons have committed a punishable offense, must be turned over or reported to the appropriate authorities.
It is not admissible that sentences, especially fines, are imposed on punishable persons by offices of the NSDAP or its affiliated organizations. Party members disregarding this warning, who demand from the person who has committed an offense e.g., the payment of a fine, possibly with an additional hint that this would settle the affair, will run the risk of a criminal prosecution.
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A. 15/38
9 February 1938
The question of prosecuting or not prosecuting punishable offenses committed by Party members, is exclusively a matter of decision by the public prosecutor’s office or by the Reich Minister of Justice.
It has been noted, that Party offices have frequently approached the regional State police office or other State police offices with the request not to prosecute punishable offenses committed by Party members, or not to submit their investigations to the public prosecutor’s office. Since the officials of the Secret State Police are at the same time assistant officials of the public prosecutor’s office, and as such are obliged to prosecute all punishable offenses without respect to the person of the offender and without any special invitation from the public prosecutor’s office, unpleasant discrepancies would result if such wishes were satisfied. Nobody but the public prosecutor’s office or the Reich Minister of Justice can decide whether or not a punishable offense shall be prosecuted. The public prosecutor’s office therefore has always the opportunity to make investigations of its own, concerning incidents which, by the Party’s request are not prosecuted any longer by the Gestapo, or to have investigations made by the police authorities or by the constabulary, which would not exactly be in the interest of the Party. In the future, the lawful duty of the Secret State Police to prosecute all punishable offenses must be respected, and all cases of doubt with regard to such prosecution have to be reported directly to the appropriate Chief Public Prosecutor through the appropriate Gauleiter, or to the Reich Minister of Justice through the chief of the Party Chancellery, the aim being to accomplish an administration of criminal prosecution which will comply with the interests of the Party.
However, this procedure must be adopted sparingly since the same, and under certain circumstances more severe, principles will be applied to Party members as to non-Party members.
- TRANSLATION OF SCHLEGELBERGER DOCUMENT 34
- SCHLEGELBERGER DEFENSE EXHIBIT 92
LETTER FROM THE CHIEF OF THE FUEHRER’S NAZI PARTY CHANCELLERY TO DEFENDANT SCHLEGELBERGER, 30 JANUARY 1938, STATING THAT HITLER HAS DIRECTED THAT SCHLEGELBERGER BE ACCORDED MEMBERSHIP IN THE NAZI PARTY