Nazi Conspiracy and Aggression Volume IV
Document No. 2059-PS

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Decree of the Reich-President relating to the granting of amnesty of 21 March 1933

Pursuant to Section 48, subsection 2 of the Constitution of the Reich the following is ordered:

Section 1

Amnesty is granted for penal acts committed in the national revolution of the German People, in its preparation or in the fight for the German soil pursuant to the following provisions:

Section 2

Penalties imposed by final judgment at the time this law becomes effective and which have not yet been served, are annulled.

The amnesty applies to additional fines and security measures as long as they have not been executed, to subsidiary legal consequences as well as outstanding fines payable to the Treasury of the Reich or the Landes and to outstanding expenses.

If a sentence has been passed to the effect that something should be confiscated or made unusable it will remain as such.

Section 3

Pending proceedings will be discontinued if the offense has been committed before the 21 March 1933 and further proceedings are not to be instituted.

Section 4

Should a penalty which has not yet been served at the time when this decree becomes effective, include one or several penalties for offences for which amnesty is granted, such part of the entire penalty which is proportionally met out for the offences mentioned has to be deducted.

If a penalty constituting imprisonment has been transformed into one of penal servitude only an account of simultaneous offences for one of which amnesty is granted, the entire penalty which will be reduced pursuant to subsection 1, has to be commutated into imprisonment of the same length of time.

Judicial findings (Section 458 of Code of Criminal Procedure) relating to whether and to what extent a penalty is to be extenuated pursuant to the provisions of subsections 1 and 2 will be decided upon by the court which has the jurisdiction to impose penalties for the offence mentioned in subsection 1.

Section 5

The Court decides upon the discontinuance of pending proceedings upon application of the parties.

If the proceedings have been instituted upon a private complaint the costs of such proceedings are quashed. The Court may divide the necessary expense of the private complaint and the accused appropriately or may impose the expenses on any one of them.

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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