Copy *
1 June 1942
The Chief President of the Province of Upper Silesia.
1. I b 2 '
Subject: Police Courts-martial.
Enclosure: Decree dated 1 June 1942.
In agreement with the Reichminister of the Interior and the Reichminister of Justice I am hereby establishing a police courts-martial at Kattowitz for the annexed Eastern territories of my province, effective immediately.
The administrative competence of the police courts-martial is seen from the enclosed decree.
In the sense of paragraph 1 of the decree, severe excesses of Poles and Jews as well as other criminal acts by Poles and Jews which endanger seriously the German reconstruction are:
[Hochverrat]. [Landesverrat].
1. High treason
2. High treason
3. Sedition.
4. Crime and Attacks against public order.
5. Forgery.
851
1249-PS
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Sexual crimes against Germans.
Crimes against the life of Germans.
Assault and battery against Germans.
Crime and violation against the personal freedom of Germans.
Theft and embezzlement against Germans.
Robbery and extortion against Germans.
Receiving and concealing of stolen property of Germans. Fraud and treachery against Germans.
Wilful destruction of property of Germans and the Reich. Crimes and violations dangerous to the commonwealth of the Germans and the Reich.
Crimes and violations in the sense of the law against malice.
Crimes and violations in the sense of the decree of extraordinary radio measures of 1 September 1939.
Crimes against war economy.
Violations of the law for controlling venereal diseases dated 18 February 1927, as far as the violation is committed against Germans.
Crimes and violations in the sense of the law against criminal and publicly dangerous use of explosives. Violations of the law against possession of arms.
The police courts-martial is competent for all punishable acts according to paragraph 1 of the decree dated 1 June 1942, which are committed by Poles and Jews in the annexed. Eastern territories of the province of Upper Silesia. The courts-martial can also try punishable acts committed by Poles and Jews in the other Reich territory or in the occupied territories, if the perpetration live in the annexed Eastern territories of the province of Upper Silesia.
I request to instruct the county [Kreis] and local police authorities, competent for preliminary proceedings for punishable acts, and to submit those proceedings which come under the jurisdiction of the police court-martial immediately to the court-martial section of the state police administration, office Kattowitz, at Kattowitz, street of the SA No. 49.
Before submitting the case to the court-martial section, I request that the nationality of the accused be established beyond a doubt.
The report forms to the criminal police administration office at Kattowitz are not affected by this decree.
852
1249-PS
Distribution:
1. To the president of the district at Kattowitz.
2. To the president of the district at Oppeln.
3. To the secret state police—state police administration office at Kattowitz.
4. To the state police administration office at Oppeln.
5. To the criminal police administration office Kattowitz.
6. For information.
To the inspector of the security police and of the security service at Breslau.
2. I b 2 1 June 1942
To the Reich Minister of the Interior, in Berlin.
Subject: Administration of law in the annexed Eastern territories.
Ref.: My report of 30 January 1942—I b 2—and decree there Pol. S II A 2 No. 113/42—176 from 22 May 1942.
Enclosure: Decree dated 1 June 1942.
Enclosed I am forwarding to you the decree about the establishment of courts-martial in the annexed Eastern territories of the province of Upper Silesia.
The decree has been put into effect on 1 June 1942.
Forwarded for your information.
3. I b 2. 1 June 1942
To the District headquarters [Gauleitung] Upper-Silesia, at Kattowitz.
Subject: Establishment of a police courts-martial for the annexed Eastern territories at Kattowitz.
Enclosure: Decree dated 1 June 1942.
In agreement with the Reichminister of the Interior and the Reichminister of Justice, I have established, effective immediately, a courts-martial for the annexed Eastern territories of my province.
The local and administrative competence of the courts-martial is defined in the enclosed decree.
Forwarded for your information.
4. Copy of 3, with enclosure : to
a. The district leaders [Kreisleiter] of the districts K*ttowitz, Jarnowitz, Warthenau, Beuthen, Bendsburg,
Krenau, Pless, Rybnik, Teschen, Bielitz and Saybusch;
b. The general command VIII sector command Breslau,
Gabitzstr. ; .
853
1249-PS
5.
c. The public prosecutor at Kattowitz;
d. The president of the superior court at Kattowitz;
e. The leader of the security service administrative sector
[SD-Leitabschnitt] Kattowitz, attention: SS battalion Podlich;
f. The Reich commissar for the strengthening of German
nationalism attention: SS battalion leader Dr. Arlt, at Kattowitz.
To the files at I b 2.
Kattowitz, 1 June 1942
The Chief President of the Province of Upper Silesia I b 2
Decree for the establishment of courts-martial in the annexed Eastern territories of the province of Upper Silesia dated 1 June 1942
On the basis of number 13 of the decree of the cabinet council for the Reich defense, for the administration of criminal jurisdiction against Poles and Jews in the annexed Eastern territories and the district of the previous Free City of Danzig, dated 4 December 1941 (RGB1. I, p. 759), the following is decreed in agreement with the Reichminister of the Interior and the Reichminister of Justice:
Par. 1.
1. Severe violations of Poles and Jews against Germans, as well as other criminal acts by Poles and Jews which seriously endanger the German reconstruction work, can be sentenced by courts-martial, until further notice.
I reserve for myself the decision as to whether or not the criminal act is a crime in the sense of paragraph 1.
Par. 2.
The courts-martial pass sentence of death, transfer to the secret state police acquittal.
Par. 3.
1. Courts-martial will be established for the district of a state police administration office. They consist of one president and two members.
2. President is the leader of the state police administrative office or his permanent deputy. The members will be appointed by the Teader of the state police administration office.
Par. 4.
1. During the trial the court must do officially everything that is necessary to discover the truth. If necessary, the accused is to be tried with the assistance of an interpreter.
854
124$-PS
124$-PS
2. The names of the judges and of the accused, the evidences on which the sentence is based, furthermore the crime, the sentence including a brief justification, as well as the day of the sentencing are to be recorded.
3. Otherwise the courts-martial determines its proceeding according to its dutiful judgment.
Par. 5.
1. The decisions of the courts-martial are not legally contestable.
2. The sentences of the courts-martial are subject to a reexamination which leads to confirmation or voiding.
3. The confirmation makes the sentence lawful and executable.
Par. 6.
The right of confirmation or voiding of the courts-martial sentences is mine and, on my orders, that of the higher SS and police officer. -r. _
Par. 7.
The courts-martial can, for special reasons, forego a penalty or transfer the case to another court.
Par. 8.
This decree becomes effective on the day of its publication.