1934 REICHSGESETZBLATT, PART I, PAGE 1269
Law on treacherous Acts against State and Party, and for The Protection of Party Uniforms of 20 December 1934
The Government of the Reich has decided to enact the following law, which is published herewith:
Chapter I Article 1
1. Unless heavier punishment is sanctioned under the authority of a law previously established, imprisonment not to exceed two years shall be imposed upon anybody deliberately making false or grievous statements, fit to injure the welfare or the prestige of the government of the Reich, the National Socialist Workers Party or its agencies. If such statements are made or circulated in public, imprisonment for not less than 3 months shall be imposed.
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2. Anyone committing the offense insolently and carelessly shall be punished with imprisonment not to exceed 3 months or with a fine.
3. If the offense is directed solely against the prestige of the NSDAP or its affiliated agencies, the offender shall be prosecuted only with the consent of the Fuehrer's deputy or of agencies authorized by him to initiate the prosecution.
Article 2
1. Anyone who makes or circulates statements proving a malicious, baiting or low-minded attitude towards leading personalities of the State or the NSDAP, or towards orders issued by them or towards institutions created by them—fit to undermine the confidence of the people in its political leadership—shall be punished with imprisonment.
2. Statements of this kind which are not made in public shall warrant the same punishment—provided the offender figures on his statements being eventually circulated in public.
3. The offender shall be prosecuted only by the order of the Reich Minister for Justice; in case the offense was committed against a leading personality of the NSDAP, the Reich Minister for Justice shall issue the order in agreement with the Fuehrer's Deputy.
4. The Reich Minister for Justice in agreement with the Fuehrer's Deputy shall determine who is to be regarded as a leading personality as specified in (1).
Article 3
1. Anyone who commits or threatens to commit a punishable act, or who is wearing the uniform or an insignia of the NSDAP, or carries it on his person without being a member of the NSDAP or its affiliated agencies and therefore being entitled to do so, will be punished with forced labor or in minor instances with imprisonment not to exceed 6 months.
2. Anyone who commits the offense with the intention to stir up unrest or to sow fear or terror in the population, or to create difficulties for the German Reich with a foreign power, shall be punished with forced labor not to exceed 3 years or with forced labor for life or in particularly grave cases with death.
3. According to this law, a German national may be punished also if he has committed the offense in a foreign country.
Article 4
1. Anyone who for the sake of a material advantage or for political ends poses as a member of the NSDAP or its agencies,
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shall be punished with imprisonment not to exceed 1 year plus a fine or either one.
2. The offender shall be prosecuted only in agreement with the Fuehrer or with those authorized by him.
Article 5
1. Anyone who manufactures, holds in stock, sells or otherwise brings on the market Party uniforms, parts of Party uniforms, textiles, flags or insignias of the NSDAP, its affiliated agencies or organizations, without the permission of the treasurer of the Reich, shall be punished with imprisonment not to exceed 2 years.
2. Anyone who has in his possession Party uniforms and insignias without being a member of the NSDAP or its affiliated organizations, or without being entitled to possess them for any other reason, shall be punished with imprisonment not to exceed 1 year. Anyone who wears any of the above mentioned items, shall be punished with imprisonment not to exceed 1 month.
3. To be put on a par with Party uniforms, parts of Party uniforms and insignia are those uniforms, parts of uniforms and insignias which can easily be confused with them.
4. The uniforms, parts of uniforms, textiles, flags or insignias in question shall be confiscated. In case no particular person can be prosecuted or condemned, the confiscation shall take place all the same—provided conditions justify it.
5. The confiscated items shall be turned over to the Reich Treasurer of the NSDAP or to those agencies appointed by him, for future use.
6. The prosecution of the offense and the confiscation (#4, section 2) can only be undertaken in agreement with the Fuehrer's Deputy or agencies authorized by him to handle this matter.
Article 6
According to the rules set forth in this law, anyone who has obtained membership of the Party through false pretenses is not a member of the NSDAP, its affiliated agencies or organizations.
Article 7
The Fuehrer's Deputy, in agreement with the Reich Minister for Justice and of the Interior, shall issue the necessary regulations for the execution and completion of Articles 1 to 6.
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Chapter II Article 8
1. The regulations set forth in this law, with the exception of Article 5 (1) apply accordingly to the "Reichsluftschutzbund", the "Deutschen Luftportverband", in agreement with the Reich Minister for Air, and by the Minister of the Interior for the Voluntary Labor Service and the "Technische Nothilfe".
Chapter III Article 9
Article 5 (1) will become valid on 1 February 1935. The other rules set forth in this law will become valid one day after their publication; the law on treacherous acts against the Government of the National Revolution from 21 March 1933 (RGBl I, page 135) as well as article 4 of the law on the "Reichsluftfahrtverwaltung" from 15 December 1933 (RGBl I, page 1077) are obsolete.
Berlin, 20 December 1934
The Fuehrer and Reich Chancellor
Adolf Hitler
The Reich Minister for Justice
Dr. Guertner
The Fuehrer's Deputy and Minister without portfolio
R. Hess
The Minister of the Interior
Frick
also for the Reich Minister for Air
Law punishing statements against the government, the NSDAP, or its agencies; or statements against government or party leaders; or committing prohibted acts while wearing the party uniform or insignia
Authors
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
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
Rudolf Hess (Deputy to the Fuehrer; minister without portfolio)
Rudolf Hess
German Nazi leader (1894-1987)
- Born: 1894-04-26 (Alexandria)
- Died: 1987-08-17 (Spandau Prison) (located in the administrative territorial entity: West Berlin)
- Country of citizenship: Germany
- Occupation: aircraft pilot; politician
- Member of political party: Nazi Party
- Member of: Thule Society
- Participant in: Beer Hall Putsch
- Military rank: lieutenant
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
Date: 20 December 1934
Literal Title: 1934 Reichsgesetzblatt . . . Law on treacherous Acts against State and Party, and for the Protection of Party Uniforms of 20 December 1934
Defendants: Wilhelm Frick, Rudolf Hess
Total Pages: 3
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-1393
Citation: IMT (page 255)
HLSL Item No.: 450162
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-1393: 1934 Reichsgesetzblatt, Part I, Page 1269: Law on Treacherous Acts against State and Party, and for Protection of Party Uniforms