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extra-marital sexual relations took
place or whether they only conversed as when the husband was present, as
Katzenberger claims. The request to interrogate the husband was therefore
overruled. The court holds the view the defendant's actions, done with a
purpose within a definite plan, amount to a crime against the body according to
paragraph 2 of the ordinance against people's parasites. The law of 15
September 1935 has been passed to protect German blood and German honor. The
Jew's racial pollution amounts to a grave attack on the purity of German blood,
the object of the attack being the body of a German woman. The general need for
protection therefore makes appear as unimportant the behavior of the other
partner in racial pollution who anyway is hot liable to prosecution. The fact
that racial pollution occurred up to at least 1939-1940 becomes clear from
statements made by the witness Zeuschel to whom the defendant repeatedly and
consistently admitted that up to the end of 1939 and the beginning of 1940 she
was used to sitting on the Jew's lap and exchanging caresses as described
above.
"Thus, the defendant committed an offense also under paragraph 2
of the ordinance against people's parasites.
"The personal character of
the male defendant also stamps him as a people's parasite. The racial pollution
practiced by him through many years grew, by exploiting wartime conditions,
into an attitude inimical to the nation, into an attack on the security of the
national community, during an emergency.
"This was why the defendant
Katzenberger had to be sentenced both on a charge of racial pollution and of an
offense under paragraphs 2 and 4 of the ordinance against people's parasites,
the two charges being taken in conjunction according to paragraph 73 of the
criminal code. |
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"In passing sentence the court was
guided by these considerations: The political life of the German people under
national socialism is based on the community. One fundamental factor of the
life of the national community is race. If a Jew commits racial pollution with
a German woman, this amounts to polluting the German race and, by polluting a
German woman, to a grave attack on the purity of German blood. The need for
protection is particularly strong.
"Katzenberger has been practicing
pollution for years. He was well acquainted with the point of view taken by
patriotic German men and women as regards racial questions, and he knew that by
this conduct he insulted the patriotic feelings of |
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