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Q. Now, how was it after 1933? Was the legislation changed in any
way?
A. Yes. First of all there was a change in the legislation. By
order of Reich President von Hindenburg, on the 28th of February 1933 the
Espionage Law was changed and the death penalty was introduced for some cases.
The following, however, was more important. In 1933, a reform of the entire
penal code was planned in Germany. The Prussian Minister of Justice published a
memorandum with suggestions. This memorandum was published and sold openly in
bookstores, and all people were requested to express their opinions. Two
important suggestions were made in this memorandum.
First, it was
suggested that the following provision be set up, and I quote: “A German
is to be punished for treason if he gives an invention of his — ”
Q. Mr. von Knieriem, I will cite the passage in the document book for
the interpreter. It is in document book 2, Document von Knieriem 11,* Knieriem Def. Exhibit 10, page
102, the second paragraph from the end, just before the heading “Second
Title.”
Now, will you please repeat the quotation, Mr. von
Knieriem.
A. I said that this memorandum gave two suggestions which are
important for this trial. The first suggestion was to introduce the following
provision, and I quote: “A German is to be punished for high treason if he
communicates to foreign countries an invention by him which is of essential
value to the national defense, without first having offered same to the
competent German authorities for adoption.”
And the second
suggestion in this memorandum was to create a new crime — economic treason
— with about the following contents.
Q. This quotation is on page
103 of the document book. Do you want to quote it?
A. I shall not quote
it. It is in the book. I want to explain what it was about.
Q. Very
well.
A. The sense, briefly, of these regulations was that a German
could be punished for economic treason, who, to the detriment of the national
economy, gave secrets to other countries, secrets in technical fields. There
was no doubt that in the second provision regarding economic treason,
inventions were included.
Now, this memorandum had pointed out that
criminal laws were to be retroactive, that it was not to be nullum crimen
sine lege. I had sat down and worked out a memorandum myself which, in the
name of Farben, was sent in to the Reich Minister |
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* Reproduced above in
subsection L2.
1313 |
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