. NMT03-T0595
Volume III · Page 595
| Present: | |
| Senator
Dr. Rothenberger, Attorney General Dr. Drescher, Vice President Letz, District Court Presidents Korn and Dr. Ruether, Bremen, Local Court President Dr. Blunk, Local Court Directors Schwarz, Boehmer, Hansen, and von Lehe, Senior Judges of Local Court Gersdorf and Stender, Chief Public Prosecutor Lohse, Bremen, Oberlandesgerichtsrat Dr. Segelken and the undersigned.* |
|
| Senator Dr. Rothenberger and the attorney general reported on the discussions at the meeting of the presidents of the courts of appeal and attorneys general with the Reich Minister of Justice. | |
| * * * * * * * * * * | |
| II a. The Chief Public
Prosecutor then spoke again on the treatment of women in cases of race
defilement. The Fuehrer refuses an extension of culpability according to the
blood protection law [Blutschutzgesetz]. Concerning complicity he pointed out the contradictory opinions of police and justice. The public prosecutors are to work according to the following directives: If a woman merely denies the intercourse she will not be prosecuted. On the other hand, if the woman was an active accomplice — if she concealed the race defiler for instance — she will be prosecuted. If, at the same time, there are other offenses (perjury) complicity is to be omitted from the indictment. In such cases, however, a report is to be made to the Reich Minister of Justice. Senator Dr. Rothenberger pointed out once more that it is the Fuehrer's desire that the woman should not be punished. If, by mistake however, any person should be indicted or if according to the results of the main proceedings punishment because of complicity may be expected, the proceedings are to be quashed in all circumstances. He urged that the judges be instructed accordingly. II b. The Chief Public Prosecutor then discussed the problem of prosecuting women for failing to register illegitimate births. In this case the Fuehrer is against punishment according to article 169 for mere concealment of the identity of the father; because he considers that in most cases the woman's motive should be respected. The woman will be prosecuted, however, if she gives false information concerning the father's identity. |
|
* Document is not signed.
