2 Jan. 46

for trial or punishment in Germany itself. And this is the original from which we quote, beginning on the first page of the translation. It is on the stationery of the Reichsführer SS and Chief of German Police, Munich, 4 February 1942. Subject: "Prosecution of offenses against the Reich or the occupation forces."

"I. The following regulations published by the Chief of the High Command of the Armed Forces, dated 12 December 1941, are being made known herewith:

"l) The Chief of the High Command of the Armed Forces. After lengthy consideration, it is the will of the Führer that the measures taken against those who are guilty of offenses against the Reich or against the occupation forces in occupied areas should be altered. The Führer is of the opinion that in such cases penal servitude or even a hard labor sentence for life will be regarded as a sign of weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which will leave the family and the population uncertain as to the fate of the offender. The deportation to Germany serves this purpose.

"The attached directives for the prosecution of offenses correspond with the Führer's conception. They have been examined and approved by him." — signed — "Keitel."

And then follow some of the directives and descriptions. This is a very long document, with enclosures, and we next turn to Page 4 of the English translation, near the bottom:

"Insofar as the SS and the Police courts are competent to deal with offenses committed under I, proceedings follow on the same lines."

Next, in connection with the same document, on Page 20, Part 2 of the English translation, which is the secret letter addressed to the Abwehr, I quote from Page 2. It is the letter dated 2 February 1942 — passing down to the words "Enclosed please find":

"l. Decree of the Führer and Supreme Commander of the Armed Forces of 7 December 1941.

"2. Executive order of the same date.

"3. Communication of the Chief of the High Command of the Armed Forces of 12 December 1941.

"The decree introduces a fundamental innovation. The Führer and Supreme Commander of the Armed Forces orders that offenses committed by civilians in the occupied territories and of the kind mentioned above, are to be dealt with by the competent military courts in the occupied territories only if (a) the death penalty is pronounced and (b) sentence is pronounced within 8 days of the prisoner's arrest.