Decree Concerning the Administration of Criminal Justice Against Poles and Jews – Dec 4, 1941

By Published On: September 8th, 20263.2 min read
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Decree Concerning the Administration of Criminal Justice Against Poles and Jews

(December 4, 1941 — Published in Reich Law Gazette I, p. 759)

Section I: Substantive Criminal Law

1. Poles and Jews in the incorporated Eastern territories shall conduct themselves in accordance with German laws and the regulations issued for them by German authorities. They shall abstain from anything that could harm the authority of the German Reich or the well-being of the German people.

2. They are subject to the death penalty—or in less serious cases, to a penal camp—if they:

  • Commit an act of violence against a member of the German Armed Forces, its auxiliary forces, the German Police, the Reich Labor Service, a German authority, or an official/organization of the NSDAP.
  • Intentionally damage installations belonging to German authorities, public utilities, or items serving public use or the work of German institutions.
  • Instigate or incite disobedience against any decree or regulation issued by German authorities.
  • Conspire, negotiate, offer, or accept an offer to commit any act punishable under paragraphs 1 through 3, or fail to report such an act when they acquire credible knowledge of it at a time when the danger can still be averted.
  • Are found in unauthorized possession of firearms, hand grenades, bladed weapons, explosives, ammunition, or other war materials; or if they obtain credible knowledge that a Pole or Jew is in unauthorized possession of such items and fail to report it immediately to the authorities.

3. Poles and Jews shall also be punished if they violate general German criminal laws or commit an act that warrants punishment according to the fundamental concept of a German criminal law and the state necessities in the incorporated Eastern territories.

4. Penalties for Poles and Jews are imprisonment, fines, or confiscation of property. Imprisonment shall be served in a penal camp (Straflager) for a term of 3 months to 10 years. In serious cases, a severe penal camp (verschärftes Straflager) of 2 to 15 years shall be imposed.

 

Section II: Criminal Procedure

5. Offences by Poles and Jews shall be adjudicated by Special Courts (Sondergerichte) or by local magistrates.

6. The Public Prosecutor may bring charges before the Special Court in all cases. Proceedings before local magistrates may only take place if the expected sentence does not exceed 5 years in a penal camp or 3 years in a severe penal camp.

7. Every judgment is immediately enforceable. Only the Public Prosecutor has the right to appeal or lodge complaints against decisions. The accused has no right of appeal.

8. Arrest and provisional detention are permissible whenever there is strong suspicion. During the preliminary investigation, the prosecutor may directly order arrest and enforce compulsory measures.

9. Poles and Jews shall not be placed under oath as witnesses in criminal proceedings. Untruthful unsworn statements before a court are punishable under perjury provisions.

10. Reopening of proceedings (Wiederaufnahme des Verfahrens) may only be requested by the Public Prosecutor. Nullity complaints (Nichtigkeitsbeschwerde) may only be lodged by the Prosecutor General.

 

Section III: Summary Courts (Martial Law / Gestapo Jurisdiction)

11. Summary Courts (Standgerichte) may be established by order of the Reich Governor (Reichsstatthalter).

12. Summary Courts can impose the death penalty, or abstain from punishment and instead transfer the offender directly to the Secret State Police (Gestapo) for execution or internment in a concentration camp.

Section IV: Repeal of Normal Legal Protections

13. Article II of the Decree on the Introduction of German Criminal Law in the Incorporated Eastern Territories of June 6, 1940, shall no longer apply to Poles and Jews. (This explicit clause removed all rights to defense, judicial reviews, and standard penal code protections for Poles and Jews in these territories).

(Note: On July 1, 1943, the regime further suspended criminal jurisdiction over Jews entirely via the 13th Ordinance under the Reich Citizenship Law, declaring that criminal acts committed by Jews were to be handled exclusively by the police/Gestapo without court involvement).

FRANZ KAFKA

Shall they say of me that at the beginning of my trial I wanted to end it, and now, at its end, I want it to begin again? I don’t want them to say that. I’m grateful they’ve sent these half mute insensitive men to accompany me on this journey and that it’s been left to me to say myself what needs to be said.