Note 499 — V. EVIDENCE CONCERNING PRINCIPAL ISSUES IN THE CASE (continued 13)

Article 2 of the Reich Penal Code, as amended by the “Law Amending the Penal Code” of 28 June 1935, introduced the principle of “creation of law by analogous application of penal laws,” and declared punishable any act “which deserves punishment according to the fundamental idea of a penal law or the sound sentiment of the people.” Extracts from this amending law are reproduced on page 176, as part of Document NG-715, Prosecution Exhibit 112. Article 91, paragraph 2, of the Reich Criminal (Penal) Code, as amended, established the principle that intentional causing of “serious disadvantages for a national of the Reich” in connection with a foreign government was treasonable. This provision, however, did not go so far as to declare that acts against “ethnic Germans of foreign nationality” could constitute treason against Germany. Hence, the discussion of Article 2 of the Reich Penal Code as amended with its provision for punishment “according to the fundamental idea of a penal law or the sound sentiment of the people” and the “creation of law by analogous application of penal law.”