The utterance which the accused is known for certain to have made to the witness Draxler was liable to impair her as well as other people’s willingness to work for the total war effort. By this remark he attacked therefore the fighting morale and the will for self-preservation of the German people, and this he did “publicly” within the meaning of article 5, number 1 of the Extraordinary War Penal Ordinance, as he had to count on the fact and he actually did count on it that the witness, whom he did not know well would spread his remarks—as actually did happen. The senate is furthermore of the opinion that the accused was fully aware of the defeatist nature of his remark and the publicity in the above sense. Thus, the conditions under article 5, paragraph 1, number 1 of the Extraordinary War Penal Ordinance of 17 August 1938 apply. The fact that the intention of the accused was without any result as regards the witness, does not affect this state of affairs—the purpose of the above ordinance is not merely to prevent any undermining of the people’s will to self-preservation, but to prevent all possibility of undermining it.
It is out of the question to assume a less serious offense because the accused acted with the intention to undermine morale and because [by the remorse combined with it][510] the appeal to the emotions of a woman prepared to join the war effort represents a well calculated and particularly mean and dangerous attack on the German nation’s will to self-preservation. Accordingly, the death sentence, which is the only penalty provided for the crime of undermining the military efficiency, was passed on the accused.
Owing to the dishonesty of his offense, the accused forfeited his civil rights.
Costs have been awarded according to the law.
[Signed] Mitterdorf
Mueller
- TRANSLATION OF DOCUMENT NG-546
- PROSECUTION EXHIBIT 141
DRAFT OF A NOTICE TO HITLER, INITIALED BY DEFENDANT ROTHENBERGER AND VOLLMER, NOVEMBER 1943, REPORTING A DEATH SENTENCE IMPOSED BY THE PEOPLE’S COURT UPON A FORMER GERMAN NAVAL CAPTAIN FOR REMARKS ALLEGED TO HAVE ASSISTED THE ENEMY AND UNDERMINED THE MORALE OF THE ARMY
The Reich Minister of Justice
Fuehrer Information 1943 No.