. NMT05-T0028
Volume V · Page 28
| among the extreme ramifications of the administrative set-up. This must be left to the district courts, in this case to the de-Nazification courts established for this very purpose. | |
| * * * * * * * * * * | |
| b. Selections from the Evidence of the Defense | |
| TRANSLATION OF GREIFELT DOCUMENT 83 GREIFELT DEFENSE EXHIBIT 83 |
|
| EXTRACT FROM
"COMMENTARY ON THE GERMAN CIVIL SERVANTS' LAW OF 26 JANUARY 1937", ENTITLED "LIMITS TO THE DUTY OF OBEDIENCE" |
|
| Extract from Commentary on the
Germane Civil Servants' Law of 26 January 1937, Berlin 1957, by Dr. Richard
Schneider, Max Eggerdinger, and Dr. Kurt Hanke [Page 60] |
|
| II. Limits to the Duty of Obedience | |
| a. Towards superiors. Because superiors, as well as subordinated civil servants are subject to the general and specific duty of obedience, and because an order to a subordinate which deviates from this duty constitutes a violation of duty, obedience is subjected to a limitation with respect to directives the execution of which would be contradictory to penal law. The civil servant must not obey such as order or he will render, himself guilty of violation of duty. If other than penal laws are violated, the civil servant is obliged to carry, out the respective official order. | |
| * * * * * * * * * * | |
| TRANSLATION OF GREIFELT DOCUMENT 85 GREIFELT DEFENSE EXHIBIT 85 |
|
| EXTRACT FROM
"COMMENTARY ON THE GERMAN CIVIL SERVANTS' LAW OF 26 JANUARY 1937", ENTITLED "EXAMPLES OF ACTIONS IN VIOLATION OF DUTY" |
|
| Extract from Commentary on,
the German Civil Servants' Law of 26 January 1937, by Dr. Richard Schneider,
Max Eggerdinger, and Dr. Kurt Hanke [Page 72] |
|
| * * * * * * * * * * | |
| m. Examples of actions in violation of duty (Omission and Commission) | |
