Note 512 — V. EVIDENCE CONCERNING PRINCIPAL ISSUES IN THE CASE (continued 13)

The first-mentioned law, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B, and extracts from the second mentioned law, as a part of Document NG-715, Prosecution Exhibit 112, on page 184. Article 2, paragraph 1 of the law of 20 December 1934 provides that “Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them, or about institutions created by them which are apt to undermine the confidence of the people in its political leadership, shall be punished with imprisonment.” The decree of 17 August 1938 on special criminal law in wartime established and defined the new offense of “undermining of military efficiency” and makes the death sentence mandatory. In view of the different penalty under the two laws, the question of indicting a person who allegedly made defeatist remarks under the one law or the other was most significant.