On the basis of Article 48, Par. 2 of the constitution the following is decreed:
Par. 1
1. Any person possessing a uniform of an organization supporting the government of the nationalist movement without being entitled thereto through membership in the organization or otherwise, will be punished with imprisonment up to two years.
2. Any person wearing the uniform or an insignia representing membership of an organization designated in Par. 1, without being a member of the organization, will be punished with imprisonment of at least one month.
Par. 2
1. Whoever commits a punishable act against persons or objects or threatens the same and while so doing wears or carries with him the uniform or insignia designating membership in an organization of the kind listed in Section 1 (1) without being a member of the organization, will be punished with a penitentiary sentence; in case of mitigating circumstances, with imprisonment of not less than 6 months.
2. If the offense was committed with the intention to incite a revolt or to create fear or panic among the populace or to cause difficulties for the German Reich in its foreign affairs, the punishment is a penitentiary sentence of from 3 years to life. In especially severe cases the death penalty may be exacted.
3. According to these regulations a German can also be prosecuted if he has committed the offense in a foreign country.
Par. 3
1. Whoever purposely makes or circulates a statement of a factual nature which is untrue or grossly exaggerated or which is apt to seriously harm the welfare of the Reich or of a state or the reputation of the national government or of a state government or of the parties or organizations supporting these governments, is to be punished, insofar as no more severe punishment is decreed in other regulations, with imprisonment up to two years and, if he makes or spreads the statement publicly, with imprisonment of not less than three months.
2. If through this deed, heavy damage for the Reich or a state resulted, penitentiary punishment can be exacted.
3. Whoever commits an act through negligence, will be punished with imprisonment up to 3 months, or by a fine.
Par. 4
Whoever has acquired membership in an organization surreptitiously is counted as a non-member in the application of this decree.
Par. 5
This decree becomes effective on the day following its publication.
Berlin, 21 March 1933|
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 |