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IV)
of the Reich Ministry of Justice, and officially responsible for questions of
criminal procedure and penal execution within the Reich; Ministry coordinator
for nullity pleas against adjudicated sentences.
COUNT ONE THE COMMON DESIGN AND
CONSPIRACY 1. Between January 1933 and
April 1945 all of the defendants herein, acting pursuant to a common design,
unlawfully, willfully, and knowingly did conspire and agree together and with
each other and with divers other persons, to commit war crimes and crimes
against humanity, as defined in Control Council Law No. 10, Article II.
2. Throughout the period covered by this indictment all of the
defendants herein, acting in concert with each other and with others,
unlawfully, willfully, and knowingly were principals in, accessories to,
ordered, abetted, took a consenting part in, and were connected with plans and
enterprises involving, the commission of war crimes and crimes against
humanity.
3. All of the defendants herein, acting in concert with each
other and with others, unlawfully, willfully, and knowingly participated as
leaders, organizers, instigators, and accomplices in the formulation and
execution of the said common design, conspiracy, plans, and enterprises to
commit, and which involved the commission of, war crimes and crimes against
humanity, and accordingly are individually responsible for their own acts and
for all acts performed by any person or persons in execution of the said common
design, conspiracy, plans, and enterprises.
4. The said common design,
conspiracy, plans, and enterprises embraced the commission of war crimes and
crimes against humanity, as set forth in counts two and three of this
indictment, in that the defendants unlawfully, willfully, and knowingly
encouraged, aided, abetted, and participated in the commission of atrocities
and offenses against persons and property, including plunder of private
property, murder, extermination, enslavement, deportation, unlawful
imprisonment, torture, persecutions on political, racial, and religious
grounds, and ill-treatment of, and other inhumane acts against, thousands of
persons, including German civilians, nationals of other countries, and
prisoners of war.
5. It was a part of the said common design,
conspiracy, plans, and enterprises to enact, issue, enforce, and give effect to
certain purported statutes, decrees, and orders, which were criminal both in
inception and execution, and to work with the Gestapo, SS, SD, SIPO, and RSHA
for criminal purposes, in the course of which
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