1933 REICHSGESETZBLATT, PART I, PAGE 83
Decree of the Reich President for the Protection of the People and State of 28 February 1933
In virtue of Section 48 (2) of the German constitution, the following is decreed as a defensive measure against Communist acts of violence, endangering the state: '
Article 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Article 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Article 3
According to orders decreed on the basis of Article 2, by the
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Reich Government, the authorities of states and provinces [Gemeinde verbaende], if concerned, have to abide thereby.
Article 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to them for the execution of this decree, or the orders given by the Reich Government according to Article 2, is punishable—insofar as the deed is not covered by other decrees with more severe punishments—with imprisonment of not less than one month, or with a fine from 150 up to 15,000 Reichsmarks.
Whoever endangers human life by violating Article 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less than two years. In addition the sentence may include confiscation of property.
Whoever provokes or incites to an act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Article 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (properties), 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115(2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal Code with the intention of making use of the kidnapped person as a hostage in the political struggle.
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Article 6
This decree enters in force on the day of its promulgation. Berlin, 28 February 1933.
The Reich President
von Hindenburg The Reich Chancellor Adolf Hitler
The Reich Minister of the Interior
Frick
The Reich Minister of Justice
Dr. Guertner
Decree suspending constitutional provisions protecting personal liberty, free expression, assembly and association; authorizing governmental actions to restore security and order; and punishing acts of resistance
Authors
Paul L. H. Hindenburg, von (Field Marshal, President (1925-34))
Paul L. H. von Hindenburg
Prussian-German field marshal of the German Empire, statesman and president of Weimar Germany and Nazi Germany (1847–1934)
- Born: 1847-10-02 (Poznań) (country: Kingdom of Prussia; statement is subject of: 6 Podgórna Street in Poznań)
- Died: 1934-08-02 (Ogrodzieniec, Warmian-Masurian Voivodeship)
- Country of citizenship: German Empire; German Reich
- Occupation: military personnel; politician; soldier
- Member of: Corps Saxo-Montania zu Freiberg und Dresden in Aachen
- Military rank: general field marshal
- Military branch: Prussian Army
- Position held: President of Germany (end cause: death in office; period: 1925-05-12 through 1934-08-02; replaced by: Adolf Hitler)
Adolf Hitler (Fuehrer, Reich Chancellor, Supeme Commander of Wehrmacht)
Adolf Hitler
Austrian nationalized German politician, leader of the National Socialist party and dictator of Germany (1889-1945)
- Born: 1889-01-01 1889-04-20 (Braunau am Inn) (country: Austria-Hungary; located in the administrative territorial entity: Archduchy of Austria above the Enns; statement is subject of: Adolf-Hitler-Geburtshaus)
- Died: 1945-04-30 (Berlin Führerbunker) (country: Nazi Germany; located in the administrative territorial entity: Berlin; statement is subject of: death of Adolf Hitler)
- Country of citizenship: Cisleithania (period: 1889-04-20 through 1918-11-11); First Republic of Austria (period: 1919-01-01 through 1925-04-30); Nazi Germany (end cause: death of Adolf Hitler; period: 1933-01-30 through 1945-04-30); Republic of German-Austria (period: 1918-01-01 through 1919-01-01)
- Occupation: painter (statement is subject of: paintings by Adolf Hitler); political writer; politician (reason for preferred rank: generally used form); soldier
- Member of political party: German Workers' Party (period: 1919-09-12 through 1921-07-11); Nazi Party (series ordinal: 556)
- Member of: Nazi Party
- Participant in: Aktion T4; Beer Hall Putsch; The Holocaust; ethnic cleansing
- Significant person: Albert Speer; Benito Mussolini; Eva Braun; Joseph Stalin
Wilhelm Frick (Minister of the Interior; chief of Nazi delegation, Reichstag; admin. Plenipotentiary)
Wilhelm Frick
German Nazi official (1877-1946)
- Born: 1877-03-12 (Alsenz)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; lawyer; politician
- Member of political party: German Völkisch Freedom Party; National Socialist Freedom Movement; Nazi Party
- Member of: AGV München; Thule Society
- Participant in: Aryanization; Beer Hall Putsch; International Military Tribunal (role: defendant)
- Position held: Protectorate of Bohemia and Moravia (period: 1943-08-24 through 1945-05-04; replaces: Konstantin von Neurath); Reichsminister des Innern (period: 1933-01-30 through 1943-08-20; replaced by: Heinrich Himmler; replaces: Franz Bracht); member of the Reichstag of Nazi Germany; member of the Reichstag of the Weimar Republic
Franz Guertner (Dr., Minister of Justice 1932-41)
Franz Guertner
Government minister of Germany (1881-1941)
- Born: 1881-08-26 (Regensburg)
- Died: 1941-01-29 (Berlin)
- Country of citizenship: German Reich
- Occupation: jurist; politician
- Member of political party: German National People's Party; Nazi Party; Q15787248
- Participant in: Aktion T4
- Position held: Baviarian Minister of Justice (member of cabinet: Q1719960, Q1719961, ..., Q1720104; period: 1922-08-04 through 1932-06-01; replaced by: Heinrich Spangenberger); Reich Minister of Justice (period: 1932-06-01 through 1941-01-29; replaced by: Franz Schlegelberger; replaces: Curt Joël)
- Educated at: Ludwig Maximilian University of Munich
Date: 28 February 1933
Literal Title: Reichsgesetzblatt 1933 . . . Decree of the Reich President for the Protection of the People and State of 28 February 1933
Defendant: Wilhelm Frick
Total Pages: 2
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-1390
Citation: IMT (page 255)
HLSL Item No.: 450161
Notes:The decree states that it is "a defensive measure against Communist acts of violence."
Trial Issues
Conspiracy (and Common plan, in IMT) (IMT, NMT 1, 3, 4) IMT count 1: common plan or conspiracy (IMT) Nazi regime (rise, consolidation, economic control, and militarization) (I…
Document Summary
PS-1390: 1933 Reichsgesetzblatt, Part I, Page 83: Decree of the Reich President for the protection of the People and State