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Nazi Conspiracy and Aggression Volume IV
Document No. 2105-PS
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TRANSLATION OF DOCUMENT 2105-PS
1933 PRESSISCHE GESETZSAMMLUNG, PAGE 413
Law on the Secret State Police of November 30, 1933
The State Ministry has resolved the following law:
Article 1
(1) The Secret State Police is an independent branch of the Administration of the Interior. The Prime Minister is its chief. He appoints an Inspector of the Secret State Police as acting manager of the affairs.
(2) In case of absence, the State Secretary of the State Ministry acts as deputy of the Prime Minister in his capacity as Chief of the Secret State Police.
(3) The Inspector of the Secret State Police is also chief of the Secret State Office.
Article 2
The jurisdiction of the Secret State Police covers all political police matters of the general and interior administration. The Prime Minister as Chief of the Secret State Police, will issue the regulations regarding the matters which must be transferred to the Secret State Police.
Article 3
(1) With the enactment of this law the Secret State Police Office takes over matters of a political nature which were previously handled by the Ministry of the Interior.
(2) The district, county and local police authorities [Landes Kreis und Ortspolizeibehoerden] are subject to the directives of the Secret State Police Office.
Article 4
The Minister of Finance is empowered to make changes in the budget of the State in order to carry out this law.
Article 5
Provisions of the law of April 26, 1933 (Gesetzsammlung 1933, p
authorities [Landes Kreis und Ortspolizeibehoerden] are subject to the directives of the Secret State Police Office. Article 4 The Minister of Finance is empowered to make changes in the budget of the State in order to carry out this law. Article 5 Provisions of the law of April 26, 1933 (Gesetzsammlung 1933, p. 122) which conflict with this law are superseded by this law.
Article 6
This law goes into effect with its promulgation.
Berlin, November 30, 1933
The Prussian State Ministry,
/ss/ Goering
Popitz
and as Minister of Interior
The above law, as resolved by the Prussian State Ministry, is herewith promulgated.
For the Reich Chancellor:
For the Prussian Prime Minister
Goering
Source:
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946
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Nazi Conspiracy and Aggression Volume IV
Document No. 2107-PS
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PARTIAL TRANSLATION OF DOCUMENT 2107-PS
1936 PRESSISCHE GESETZSAMMLUNG, PAGE 21-22.
(No. 14308) Law on the Secret State Police of 10 February 1936
Section VII
Orders in matters of the Secret State Police are not subject to the review of the Administrative Courts.
Berlin, 10 February 1936
THE PRUSSIAN STATE MINISTRY
GOERING
FRICK
Source:
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946
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Nazi Conspiracy and Aggression Volume IV Document No. 2108-PS Previous Document Volume IV Menu Next Document PARTIAL TRANSLATION OF DOCUMENT 2108-PS 1936 PRESSISCHE GESETZSAMMLUNG, PAGE 22-24 Issue No. 5 distributed in Berlin, 12 Feb 1936. No. 14309 Decree for execution of the Law on the Secret State Police of 10 February 1936 On the basis of Articles 1 and 8 of the Law on the Secret State Police of the 10 February 1936 (Prussian Legal Gazette, page 21) is decreed: Art. 1 The Gestapo is authorized to carry out the police investigations in high treason, treason and explosive cases, as well as other punishable aggressive actions against Party and State. Art. 2 (1) In the proper competence of the Secret State Police, the Secret State Police Bureau is authorized to undertake measures in the entire territory of Prussia and measures effective for the entire territory. (2) The Secret State Police Bureau assumes the competence of the Supreme Federal State Authorities in cases of the Law on guns and munitions of the 13 July 1928 (Reichs Legal Gazette I, page 198). (3) The Secret State Police Bureau is a central collecting agency for political police information. (4) The Secret State Police Bureau administers the state concentration camps. (5) In Berlin the Secret State Police Bureau assumes the competence of the Secret State Police for the Federal-State-County and local police affairs. Whether, and to what extent these tasks will be transferred to the State Police office in Berlin-will be determined by the Chief of the Secret State Police. Art. 3 The State Police offices may, within the framework of the competence of the Secret State Police, take all the measures incumbent upon the Secret State Police with the exception of the prohibition of periodicals in their district. Art. 4 (1) Insofar as it is necessary for the detection and fighting of aspirations which are directed against the State, the authorities of the county and local police in towns of more than 5000 inhabitants may decree the confiscation of printed material and restrictions regarding the rights of association and assembly for the support of the Secret State Police. The county and local police authorities have to obey within this realm the instructions of the responsible office of the State Police. (2) The State Police office at its location executes also the
printed material and restrictions regarding the rights of association and assembly for the support of the Secret State Police. The county and local police authorities have to obey within this realm the instructions of the responsible office of the State Police. (2) The State Police office at its location executes also the functions of the local police within the framework of responsibility of the Secret State Police. Art. 5 The Secret State Police is an independent branch of the interior administration. Its officials, employees and paid personnel belong to the interior administration. Its highest superior is the Chief of the Secret State Police. Art. 6 The head of the Secret State Police office will represent the Deputy Chief of the Secret State Police in all official business functions. Art. 7 The Secret State Police office may, within the framework of responsibility resting upon the Secret State Police, make requests to the heads of provincial and county governments [Ober-und Regierungspraesidenten], as well as to all police agencies. The heads of the provincial and county governments have to obey the instructions of the Secret State Police office with respect to affairs concerning the Secret State Police. Art. 8 (1) The State Police offices are located at the seat of the government. The chief of the Secret State Police can, in agreement with the Minister of Interior, make exceptions from this principle. (2) An index of the State Police offices is added in the appendix. Art. 9 (1) The heads of the State Police offices and political specialists [Sachbearbeiter] of the provincial governors will be determined by the Chief of the Secret State Police in agreement with the Minister of the Interior. (2) In case the head of the State Police Office is prevented from doing so, the functions of the political specialist of the provincial governor will be taken care of by the official who is destined as permanent deputy of the head of the State Police Office. He will be designated by the Chief of the Secret State Police in agreement with the Minister of Interior. Art. 10 The State Police offices may make their requests to all police authorities of their district. In counties, the request has, as a matter of principle to be directed to the County Governor [Landrat]; in the urgent cases
the Chief of the Secret State Police in agreement with the Minister of Interior. Art. 10 The State Police offices may make their requests to all police authorities of their district. In counties, the request has, as a matter of principle to be directed to the County Governor [Landrat]; in the urgent cases it will suffice to inform the County Council. The reports of the authorities subordinated to the County Governor have to be sent to the State Police offices through the County Council; in urgent cases it will suffice to inform the County Council at the same time. Art. 11 The authorities of the County Police have to report directly to the responsible state police office on all important political occurrences and observations. Art. 12 Insofar as officials of the Secret State Police within the framework of the authority of the Secret State Police, take over the tasks incumbent upon the authorities and officials of the police-and security services according to the regulations of the code for criminal proceedings, they are acting as auxiliary officials of the Chief Prosecutor of the Reich [Oberreichsanwalt] or of the State Prosecutor for the District Court [Oberstaatsanwalt] who is locally responsible. Art. 13 The Chief of the Secret State Police disposes of the funds set aside for the Secret State Police in the budget of the interior administration. Art. 14 The Ministerialblatt of the Reich-and Prussian Ministry of the Interior is the official gazette for the Chief and Deputy Chief of the Secret State Police. Art. 15 This decree will be effective on the day after its publication. Berlin, 10 February 1936 The Prussian Prime Minister GOERING The Reich-and Prussian Minister of the Interior FRICK Source: Nazi Conspiracy and Aggression Volume IV Office of the United States Chief Counsel for Prosecution of Axis Criminality Washington, DC : United States Government Printing Office, 1946 Previous Document Volume IV Menu
Nazi Conspiracy and Aggression Volume IV
Document No. 2111-PS
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TRANSLATION OF DOCUMENT 2111-PS
1941 VERORDNUNGSBLATT, PAGE 190
Order of the Reich Commissioner for the Occupied Netherlands Territories concerning the Establishment of Administrative Courts Martial
Pursuant to Section 5 of the decree of the Fuehrer concerning the exercise of governmental authority in the Netherlands, of May 18, 1940 (RGBl. I, p. 778) I hereby order as follows:
Section 1
(1) The Reich Commissioner for the occupied Netherlands territories may, if he shall deem it necessary for the maintenance or restoration of public order and security, establish administrative courts martial for these territories or for certain areas within these territories.
(2) The establishment of administrative courts martial shall become effective as soon as it is announced. Such announcement shall be made by posters along public roads, streets and squares, by radio, by the press, or according to local custom. The abolition of administrative courts martial shall be made public the same manner.
(3) Simultaneously with the establishment of administrative courts martial, shall be decreed that everyone shall refrain from all activities which might disturb or endanger public order and security, and that everyone must comply with special orders issued by the Reich Commissioner, in which he shall make particular reference to the strictness of the administrative courts martial. Any person acting contrary hereto shall be subject to the jurisdiction of the administrative courts martial.
Section 2
Unless the Reich Commissioner shall order otherwise, the provisions of Sections 3 to 8 shall be effective for the areas in which administrative courts martial have been established, so long as these courts are maintained.
Section 3
(1) The Higher S.S. and the Police Leader shall take all measures deemed necessary by him for the maintenance or restoration of public order and security.
3 to 8 shall be effective for the areas in which administrative courts martial have been established, so long as these courts are maintained. Section 3 (1) The Higher S.S. and the Police Leader shall take all measures deemed necessary by him for the maintenance or restoration of public order and security.
(2) He may promulgate rules and regulations, having the force and effect of laws, which are necessary for the fulfillment of his functions. Notwithstanding the provisions of Section 7, such rules and regulations may contain penal clauses subjecting a defendant to fines of unlimited amount, imprisonment or jail. They shall be published in accordance with the provisions of Section 1, paragraph 2, sentence 2.
(3) In the fulfillment of his duties, the Higher S.S. and the Police Leader may deviate from existing law.
Section 4
(1) The Reich Commissioner shall appoint a Special Agent for the entire area for which an administrative court martial has been decreed.
(2) The Special Agent shall be the head of the entire public administration, excluding the police administration, unless the Higher S.S. and the Police Leader assumes administrative tasks in accordance with Section 3, paragraph 1.
(3) The Special Agent shall promulgate rules and regulations necessary for the fulfillment of his functions. Notwithstanding the provisions contained in Section 7, they may contain penal clauses subjecting a defendant to fines of unlimited amount, imprisonment, or jail. They shall be published in accordance with the provisions of Section 1, paragraph 2, sentence 2.
(4) In the fulfillment of his duties, the Special Agent may deviate from existing law.
(5) The Reich Commissioner shall have the right to appoint Special Agents, even for certain parts of the area in which administrative courts martial have been established.
Section 5
the provisions of Section 1, paragraph 2, sentence 2. (4) In the fulfillment of his duties, the Special Agent may deviate from existing law. (5) The Reich Commissioner shall have the right to appoint Special Agents, even for certain parts of the area in which administrative courts martial have been established. Section 5
The activities of all public representative committees which made decisions as a body, shall be suspended. Their powers and duties shall be transferred to the chief administrative authority concerned with the subject matter (for example, commissioner of the province, major, overseer of dikes, etc).
Section 6
The validity of regulations issued by the Secretaries General in the Netherlands Ministeries in accordance with Section 3, paragraph 2, sentence 2, of Order No. 3/1940, or by virtue of Order No. 23/1940, shall be dependent upon prior consent by the special Agent (Section 4).
Section 7
Any person shall be subject to court martial who, after the establishment of an administrative court martial, shall intentionally participate in activities likely to disturb or to endanger public order and security, or who intentionally violates special orders of the Reich Commissioner issued in accordance with Section 1, paragraph 3. Such person shall be punishable by death or, in less serious cases, by hard labor either for life or for a period of not less than ten years.
Section 8
(1) The German Superior Court shall operate as a court martial in accordance with the procedure established in the Old Reich for proceedings before Special Courts.
(2) The provisions regarding judicial procedure for the German Armed Forces and the jurisdiction of Special Courts in criminal cases concerning members of the S.S. and of the police forces assigned to special duty, shall not be affected by this order; Section 11 of Order No. 52/1940, regarding the possibility of referring certain criminal cases to the jurisdiction of Special Courts, shall likewise remain unaffected.
of Special Courts in criminal cases concerning members of the S.S. and of the police forces assigned to special duty, shall not be affected by this order; Section 11 of Order No. 52/1940, regarding the possibility of referring certain criminal cases to the jurisdiction of Special Courts, shall likewise remain unaffected.
(3) The judges of the court martial shall be appointed by the Reich Commissioner. The Court Martial shall be considered lawfully constituted even if only one judge has the educational qualifications required for judicial tenure.
(4) Death sentences shall be executed by shooting.
Section 9
This order becomes effective on the day of publication.
The Hague, March 19, 1941
SEYSS-INQUART
Reich Commissioner for the Occupied Netherlands Territories. 2 7 2
Source:
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946
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Nazi Conspiracy and Aggression Volume IV
Document No. 2112-PS
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TRANSLATION OF DOCUMENT 2112-PS
1941 VERORDNUNGSBLATT, PAGE 655
Order of the Reich Commissioner for the Occupied Netherlands Territories concerning Jewish Real Estate-11 August 1941
By virtue of article 5 of the decree of the Fuehrer concerning the exercise of Governmental authority in the Netherlands, of May 18, 1940 (RGBl. I, p. 778) I order as follows:
Part I
DEFINITION
Section 1
(1) Jewish real estate, as defined in this order is any real estate which belongs in whole or in part:
1. To a Jew, as defined in Section 4 of Order No. 189/1940, concerning the registration of enterprises;
2. To an enterprise which is required to register by virture of Order No. 189/1940;
3. To a private corporation, an association, an institution, a foundation or any other endowment, if one of the conditions of Section 2 of Order No. 189/1940 is fulfilled, although the organization in question is not an enterprise within the meaning of that order.
(2) Jewish real estate for the purpose of this order is, further, any right in real estate, as well as any mortgage, to which a person, an enterprise, an association, an institution, a foundation or any other endowment, as defined in paragraph (1), is entitled in its entirety or in part.
(3) The owner or beneficiary, for the purpose of this order, is the holder of title to the property, the possessor of a right in the real estate, or the mortgage creditor.
Section 2
The provisions of this order shall not apply to real estate covered by the provisions of Order No. 102/1941, concerning the registration and treatment of agricultural real estate in Jewish hands (Order for the Exclusion of Jews from Agriculture).
Part II
REQUIREMENT OF REGISTRATION
Section 3
(1) Jewish real estate must be registered in writing with the Netherlands Real Estate Administration, The Hague, Juliana van Stolberglaan 45, by the use of a form which may be obtained from the Chambers of Industry and Commerce.
of Jews from Agriculture). Part II REQUIREMENT OF REGISTRATION Section 3 (1) Jewish real estate must be registered in writing with the Netherlands Real Estate Administration, The Hague, Juliana van Stolberglaan 45, by the use of a form which may be obtained from the Chambers of Industry and Commerce.
(2) Registration must be made before September 15, 1941. Any real estate acquired only after this order has become effective, must be registered within one month after such acquisition.
(3) The owner or beneficiary of real estate must register it. Any person who is entitled to represent the owner or beneficiary, or who is entitled to administrate such real estate, must also register it.
Section 4
(1) A person required to register must fill out the registration form completely and truthfully.
(2) Copies of the following documents must be field with registration form, if they are in the possession of the person registering:
1. Excerpts from the Land-Register and the Mortgage-Register;
2. Contracts of sale and other documents concerning the acquisition of the real estate;
3. Contracts of lease or tenancy, or other documents showing an existing use.
(3) The Netherlands Real Estate Administration is empowered to require further information and the production of books, vouchers, and any other documents.
Section 5
(1) Every parcel of real estate, every right in real estate and every mortgage which on or before May 9, 1940, belonged to a person, an enterprise, an association, an institution, a foundation or any other endowment, as defined in Section 1, paragraph 1, or to which such person, enterprise, association, institution, foundation or other endowment was entitled, and which, before this order has become effective, has been transferred to any other person, must likewise be registered.
(2) The owner or beneficiary as defined in paragraph I, and his representative, as well as his immediate successor in title and the representative of the latter, are required to perform this registration.
this order has become effective, has been transferred to any other person, must likewise be registered. (2) The owner or beneficiary as defined in paragraph I, and his representative, as well as his immediate successor in title and the representative of the latter, are required to perform this registration.
(3) Registration must be field in writing before September 15, 1941, with the Netherlands Real Estate Administration. The registration must be accompanied by excerpts from the Land-Register and the Mortgage-Register, as well as by the contracts of sale and other documents concerning the legal transfer to which reference was made in paragraph 1. Section 4, paragraph 3, shall not be applicable.
Section 6
The registration requirements shall not apply to real estate:
1. Which has been registered pursuant to Order No. 26/1940, concerning the handling of enemy property;
2. Which belongs or did belong to an association or foundation which has been registered by virtue of Order No. 145/1940, concerning the registration of non-commercial associations and endowments;
3. Which has been reported in the registration of an enterprise, pursuant to Section 6 of Order No. 189/1940.
Part III
ADMINISTRATION
Section 7
(1) The Netherlands Real Estate Administration shall be empowered to take over Jewish real estate for administration.
(2) It shall be empowered to appoint third persons for such administration.
Section 8
(1) As soon as real estate has been taken over for administration, the Netherlands Real Estate Administration shall be empowered to execute all transactions, by court procedure or otherwise, which are necessary in the regular course of administration; it may alienate real estate in its entirety or in part, and may also mortgage it. The Netherlands Real Estate Administration shall be empowered to transfer these powers in their entirety or in part to the persons whom it has appointed for the administration of the real estate.