Chapter III

Article 9

Article 5 (1) will become valid on 1 February 1935. The other rules set forth in this law will become valid one day after their publication; the law on treacherous acts against the Government of the National Revolution from 21 March 1933 (RGBl I, page 135) as well as article 4 of the law on the "Reichsluftfahrtverwaltung" from 15 December 1933 (RGBl I, page 1077) are obsolete.

Berlin, 20 December 1934

The Fuehrer and Reich Chancellor Adolf Hitler

The Reich Minister for Justice Dr. Guertner

The Fuehrer's Deputy and Minister without portfolio R. Hess

The Minister of the Interior Frick

also for the Reich Minister for Air

TRANSLATION OF DOCUMENT 1394-PS

1933 REICHSGESETZBLATT, PAGE 723, Art. 1-3, 13 October 1933

Law to guarantee Public Peace

The Reich Government passed the following law, which is published herewith:

Art. 1

1. With death or, as far as a more severe punishment is not provided, with a life-term in the house of correction or with up to fifteen years in the house of correction will be punished:

1. Whoever undertakes to kill a judge or a public prosecutor or an official, entrusted with tasks of the political, criminal, railroad, forest-custom-protective or security police, or a member of the Armed Forces or of the Storm columns (inclusive Stahlhelm) or of the Schutzstaffeln of the NSDAP, a (trustee) agent of the NSDAP, or a member of the German Air-Sport organization, out of political motives or on account of their official activity, or whoever incites to such a killing, whoever volunteers or accepts such an offer, or whoever agrees on such a killing with another person;

2. Whoever undertakes to kill a magistrate or juryman on account of his activity as magistrate or juryman, or a witness or an expert on account of testimony given in fulfillment of his duty as witness or expert, or whoever invites to such a killing, whoever volunteers, accepts such an offer, or whoever agrees on such a killing with another;

3. Whoever produces, circulates or for the purpose of circulation holds in readiness abroad printed matter in which the facts of high treason are substantiated (Art. 81 to 86 Criminal Code), or otherwise commits the crime of High-treason;

4. Whoever undertakes to import printed matter, as mentioned in No. 3, knowing of its high treasonable contents, for distribution at home, or who distributes such printed matter, after its import; or who furthers at home a crime of high treason, committed abroad.

2. The regulations in Art. 86a Criminal Code about confiscation and rendering useless will be employed accordingly.

Art. 2

With house of correction up to five years will be punished whoever undertakes to import printed matter with intention of distributing it for purposes endangering the country, in which are substantiated the facts:

1. of a punishable crime in accordance with the law forbidding the (new) organization of parties of 14 July 1933 (Reich Law-Publication I, page 479) or

2. of a punishable invitation or provocation according to Art. 110 to 112 Criminal Code or

3. of a punishable untrue report, in accordance with Art. 3 of the Reich President's decree to prevent treacherous attacks against the government of the national revolution of 21 March 1933 (RGBl. I, page 135).

Art. 3

For the crimes mentioned in Art. 1 and 2, the special courts, established according to the decree of the Reich government of 1 March 1933 (RGBL I, p. 136) are competent; insofar as the competence of the Supreme Court Reich court and the court of appeals [Oberlandesgericht] is not proven.

TRANSLATION OF DOCUMENT 1395-PS

1933 REICHSGESETZBLATT, PART I, PAGE 1016, 1 Dec. 1933

Law to secure the unity of Party and State, 1 Dec. 1933

The Reich government has decided on the following law which is announced herewith:

Par. 1

1. After the victory of the National Socialist revolution, the National Socialist German Labor Party is the bearer of the concept of the German State and is inseparable from the state.

2. It is a corporation in public law. Its organization will be determined by the Fuehrer.

Par. 2

The deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich government in order to insure close cooperation of the offices of the party and SA with the public authorities.

Par. 3

The members of the National Socialistic German Labor Party and the SA (including their subordinate organizations), as the leading and driving force of the National Socialist State will bear greater responsibility toward Fuehrer, people and state.

2. In case they violate these duties, they will be subject to special jurisdiction by party and state.

3. The Fuehrer may extend these regulations in order to include members of other organizations.

Par. 4

Every action or neglect on the part of members of the SA (including their subordinate organization) attacking or endangering the existence, organization, activity or reputation of the National Socialistic German Labor Party, in particular any infraction against discipline and order, will be regarded as a violation of duty.

Par. 5

Custody and arrest may be inflicted in addition to the usual penalties.

Par. 6

The public authorities have to grant legal and administrative assistance to the officers of the Party and the SA which are entrusted with the execution of the jurisdiction of the Party and SA.

Par. 7

The law regarding the authority to inflict penalties on members of the SA and SS, of the 28 April 1933 (RGBl p. 230) will be invalidated.

Art. 8

The Reich Chancellor, as Fuehrer of the National Socialistic German Labor Party and as the supreme commander of SA will issue the regulation necessary for the execution and augmentation of this law, particularly with respect to the organization and procedure of the jurisdiction of the Party and SA. He will determine the time at which the regulations concerning this jurisdiction will be effective.

Berlin, 1 Dec. 1933

Reichs Chancellor Adolf Hitler

The Reichs Minister of the Interior Frick

TRANSLATION OF DOCUMENT 1396-PS

1933 REICHSGESETZBLATT, PART I, PAGE 293

Law concerning the confiscation of Communist property of 26 May 1933

In order to prevent for all times property in the service of communist activities to be used subversively to the State, the Reich Government has enacted the following law, which is hereby promulgated.

Section 1

1. The highest provincial authorities [obersten Landesbehoerden] or offices designated by them may confiscate on behalf of the province, assets and interests of the Communist Party of Germany and their welfare and affiliated organizations [Hilfs- und Ersatzorganisationen] and also assets and interests used or destined for the promotion of communistic activities.

2. The Reich Minister of the Interior may request the highest provincial authorities to take measures under (1).

Section 2

Section 1 is not applicable to assets which have been rented or delivered under reservation of ownership rights, unless the lessor or the deliverer intended to promote communistic activity by the surrender of property.

Section 3

Interests in confiscated assets shall become extinct. However, existing rights in land are not affected by the confiscation of real property; the confiscating authorities may declare such right extinct, where the payment of proceeds can be considered as an intention to promote communistic activities.

Section 4

In order to prevent hardships, creditors affected by the confiscation may be satisfied from proceeds of the confiscated assets.

Section 5

Where measures, according to the spirit of Sections 1 and 3 were taken, prior to the effective date of this law, they may be ratified by the authorized office under Section 1, pursuant to the provision of this law.

Section 6

Measures under Sections 1, 3 and 5 become effective upon delivery of the order to the affected party upon the promulgation of the order.

Section 7

No compensation is granted for measures taken under Sections 1, 3 and 5.

Section 8

The Reichs Minister of the Interior is authorized to issue legal and administrative regulations for the administration and enforcement of this law.

Berlin 26 May 1933

The Reich Chancellor Adolf Hitler

The Reich Minister of the Interior Frick

TRANSLATION OF DOCUMENT 1397-PS

1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.

Law for the Reestablishment of the Professional Civil Service 7 April 1933

The Reichsgovernment has enacted the following law, which is hereby proclaimed:

Art. 1

1. For the reestablishment of a national professional civil service and for the simplification of administration, officials may be discharged from office according to the following regulations, even when the necessary conditions according to the appropriate law do not exist.

2. Officials, as used in this law, means immediate [unmittelbare] and mediate [mittlebare] officials of the Reich, immediate and mediate officials of the federal states [Laender], officials of communes [Gemeinde] and communal associations, officials of public legal corporations as well as institutions and undertakings placed upon the same status as these public legal corporations (Third decree of the Reichspresident for the safeguarding of business and finance of 6 October 1931-RGBl. I P. 537, 3rd part, Chapter V, Section I, Art. 15, subparagraph 1). The stipulations apply also to employees of agencies supplying social insurance, who have the rights and duties of officials.

3. Officials as used in this law also includes officials in temporary retirement.

4. The Reichsbank and the German State Railway Co. are empowered to make corresponding regulations.

Art. 2

1. Officials who since 9 November 1918 have attained the status of officials without possessing the required or usual preparation or other qualifications are to be dismissed from service. Their former salaries will be accorded them for a period of 3 months after their dismissal.

2. A right to waiting allowances, pensions, or survivors pension and to the continuance of the official designation, the title, the official uniform and the official insignia is not possessed by them.

3. In case of need a pension, revocable at any time, equivalent to a third of the usual base pay of the last position held by them may be granted them, especially when they are caring for dependent relatives; reinsurance according to the provisions of the Reich's social insurance law will not take place.

4. The stipulations of Section 2 and 3 will receive corresponding application in the case of persons of the type designated in Sec. 1, who already before this law became effective had been retired.

Art. 3

1. Officials, who are of non-aryan descent, are to be retired; insofar as honorary officials are concerned, they are to be removed from official status.

2. Section 1 is not in effect for officials who were already officials since 1 August 1914, or who fought during the World War at the front for the German Reichs or who fought for its allies or whose fathers or sons were killed in the World War. The Reichsminister of the Interior can permit further exceptions in understanding with the appropriate special minister or the highest authorities of the federal states in the case of officials abroad.

Art. 4

Officials, whose former political activity does not offer a guarantee that they at all times without reservation act in the interest of the national state can be dismissed from service. For a period of 3 months after dismissal they are accorded their former salary. From this time on they receive 3/4 of their pension and corresponding survivor's benefits.

Art. 5

1. Every official must allow himself to be transferred to another office of the same or equivalent career, even into such a one having less rank or regular salary--reimbursement for the prescribed costs of transfer taking place, if the needs of the service require it. In case of transferment to an office of lower rank and regular salary the official retains his previous official title and the official income of his former position.

2. The official can, in place of transfer to an office of lesser rank and regular income (section 11) demand to be retired.

Art. 6

For the simplification of administration officials can be retired, even if they are not yet unfit for service. If officials are retired for this reason, their places may not be filled again.

Art. 7

1. Dismissal from office, transfer to another office and retirement will be ordered by the highest Reichs or federal state agency which will render final decision without right of appeal.

2. The dispositions according to Art 2 to 6 must be made known at the latest by 30 Sept 1933 to those affected. The time can be shortened by agreement with the Reichsminister of the Interior, if the appropriate Reichs or federal state agency declares that the measures authorized in this law have been carried out.

Art. 8

A pension will not be granted to the officials dismissed or retired in accordance with Art 3 and 4, if they have not completed a term of service of at least 10 years; this applies also in the cases in which according to the existing stipulation a pension is already accorded after a shorter term of service. Articles 36, 47 and 49 of the Reichs officials' law, the law of 4 July 1921 on increased computation of time in service accomplished during the war (RGBl p. 825) and the corresponding provisions of federal state laws remained unchanged.

Art. 9

1. In the calculation of length of service valid for pension purposes, excepting time of service accrued in their last employment, only a term served in the Reichs, Federal State, or communal service according to the existing regulations may be credited to officials dismissed or retired according to Articles 3 and 4. Also accrediting of this length of service is only permissible, if it bears some relationship in preparation or career to the position last held; such a relationship of lower career to a higher one is to be regarded as an orderly promotion. If the official would have obtained a higher pension by the addition of later years of service to time served in an earlier position regularly obtained by qualifications and preparation, the ruling more favorable to him takes precedence.

2. The implementative regulations govern the calculation of time served with public corporations and with institutions and undertakings placed upon the same basis as these public corporations.

3. Accreditation and certification of time served valid for pension purposes, which conflict with the carrying out of the provisions of Section 1, are nullified.

4. In the case of officials of the Reich and of public corporations, institutions, and agencies under the supervision of the Reich, the Reichsminister of the Interior in agreement with the Reichsminister of Finance can mitigate hardships; the highest federal state authorities can do the same in the case of other officials.

5. Sections 1 to 4 as well as Article 8 will also be applied to such officials who already, before this law came into effect, were retired either permanently or temporarily upon whom Articles 2 to 4 would have been applied if the officials had been still in service at the time this law came into effect. The new accrediting of time of service valid in the calculation of pensions and the accrediting of pensions and of waiting allowances must, at the latest, take place on 30 Sept 1933 with effect as of 1 Oct 1933.

Art. 10

1. Guiding principles, which are established for the amount of pay for officials will be based upon the calculation of service remunerations and pension. In case decisions by the competent authorities on the applying of the guiding principles do not yet exist, they are to be issued without delay.

2. After decisions by the competent authorities concerning the application of the guiding principle have been made, if officials are found to have received higher remunerations than are due them according to the decisions, they then have to reimburse the surplus amounts received since 1 April 1932 at the pay office where the payments were given out. The argument of no longer existing enrichment (Articles 812vBGB and subs) is excluded.

3. Subsections 1 and 2 are valid also for persons who have been retired inside of one year before this law became effective.

Art. 11.

1. If, in the accrediting of pay-seniority of officials who leave the service on account of Articles 3 and 4, employment outside of the Reichs, Federal State, or communal service has been calculated, then the pay-seniority is to be newly calculated. Therein only an employment in the Reichs, Federal State, or communal service, or according to the implementative regulations, in the service of public corporations and institutions and undertakings equivalent to the former may be accredited. Exceptions can be permitted by the Reichsminister of the Interior in agreement with the Reichsminister of Finance for Reichs officials; for other officials, by the highest federal state authorities.

2. If a new accrediting of pay-seniority according to Section 1 comes into consideration, then in the case of officials retired or dismissed according to Articles 3 and 4, the new determination of pay-seniority will be carried out in conjunction with the determination of the pension amount.

3. The same is valid for the persons named in Article 9, Section 5.

Art. 12.

1. The salaries of Reichsministers appointed since 9 Nov 1918, which are not calculated according to the provisions of Articles 16 to 24 of the Reichsminister law of 27 March 1930 (RGBl I P. 96) are to be newly calculated. In the new calculation, the above-mentioned provisions of the Reichsminister law are to be applied as if they had been already in effect at the time of the Reichsminister's dismissal from office. According to this law, excess payments received since 1 April 1933 are to be paid back. The argument of no longer existing enrichment (Article 812 and subs BGB) is inadmissible.

2. Section 1 will receive application upon the members of the federal state government appointed since 9 Nov 1918 with the provision that in place of the Reichsminister law the corresponding provisions of the federal state law will be in effect; however, payments may only be made to the amount which results from the application of the fundamental principles of Articles 16 to 24 of the Reichsminister law.

3. The new calculation of payments must take place before 31 December 1933.

4. Retroactive payments will not take place.

Art. 13.

The survivors payments will be calculated with corresponding application of Articles 8 to 12.

Art. 14.

1. Against the officials who have been dismissed or transferred upon the authority of this law, the institution of civil service punishment proceedings on account of misdemeanors committed while in office with the object of cancellation of pension, survivors benefits, designation of office, title, official uniform and insignia. The institution of the proceedings must take place on 31 December 1933 at the latest.

2. Section 1 is also valid for persons who within one year of the date that this law becomes effective have been retired and upon whom the Articles 2 and 4 would have been applied, if these persons had still been in service when this law came into effect.

Art. 15.

The provisions concerning officials will be applied in an appropriate manner to employees and workers. The implementative regulations govern detailed application.

Art. 16.

If unreasonable hardships occur in the carrying out of this law, then higher payments or transition money may be granted in accordance with the general regulations. The decisions in this matter will be made by the Reichsminister of the Interior in agreement with the Reichsminister of Finance in the case of Reichs officials, in other cases by the highest federal state authorities.

Art. 17.

1. The Reichsminister of the interior will issue in agreement with the Reichsminister of Finance, the necessary regulations for the execution and carrying through of this law and the general administrative provisions.

2. If necessary the highest federal state authorities will issue supplementary regulations. In this matter they must confine themselves to the framework of the Reichs regulations.

Art. 18.

With the expiration of the periods established in this law, the general provisions valid for the professional civil services will be again completely valid, without prejudice to the measures taken on the basis of this law.

Berlin, 7 April 1933

The Reichschancellor Adolf Hitler

The Reichsminister of the Interior Frick

The Reichsminister of Finance Count Schwerin von Krosigk

TRANSLATION OF DOCUMENT 1398-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law to Supplement the Law for the Restoration of the Professional Civil Service of 20 July 1933

The Reich government has enacted the following law, which is hereby promulgated:

The Law for the Restoration of Civil Service from 7 April 1933 (RGBl I, page 175) is supplemented as follows:

1. The following is added to Article 2:

Article 2a

1. Officials, who have belonged to the communist party or to communistic auxiliary or collateral organizations, or otherwise have been active in furthering the aims of Communism, are to be discharged. Discharge is not necessary for (a) officials, who before 30 January 1933 joined a party or an organization, which has placed itself behind the government of the national revolution, and (b) officials, who have distinguished themselves exceptionally in the national movement.

2. Officials, who in the future are active for Marxism (Communism or Social-Democracy) are to be discharged.

3. The following are the bases on which officials are discharged: Sec. 1,--Sec. 2,--Art. 2, Sec. 1, sentence 2--Secs. 2 and 3.

Berchtesgaden, 20 July 1933

The Reich Chancellor Adolf Hitler

For the Minister of the Interior: The Reich Minister of Finance Count Schwerin von Krosigk

The Reich Minister of Finance Count Schwerin von Krosigk

PARTIAL TRANSLATION OF DOCUMENT 1400-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law Changing the Regulations in regard to Public Officers, June 30, 1933