Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
(2) Insofar as nothing else has been legally provided, he has to comply
with the official directives given by his superiors or by persons
authorized to give him directives by virtue of a special order; the
responsibility then rests with him who gave the directive. The civil
servant must not comply with an order the execution of which would
obviously contravene the criminal laws.
(3) The civil servant may accept directives for his official acts only
from his superior or from persons authorized by virtue of a special
order to give him directives; his obligation to comply with the law and
with such regulations has the precedence of any other obligations to
render obedience.
(4) The Fuehrer and Reich Chancellor decides whether and to what
extent it is admissible to call a civil servant who is a member of the
National Socialist German Workers’ Party to account before a Party
court.
TRANSLATION OF SCHLEGELBERGER DOCUMENT 127
SCHLEGELBERGER DEFENSE EXHIBIT 123
DECREE, 10 JULY 1937, OF THE FUEHRER AND REICH CHANCELLOR
CONCERNING APPOINTMENT OF CIVIL SERVANTS AND
TERMINATION OF CIVIL SERVICE STATUS
1937 REICHSGESETZBLATT, PART 1, PAGE 769
On the basis of Articles 24, 31, 66, and 78 of the German Civil
Service Law of 26 January 1937 (Reichsgesetzblatt I, page 39) I hereby
order under concurrent suspension of my decree on the appointment and
termination of Reich and Land [State] civil servants of 1 February
1935 (Reichsgesetzblatt I, pages 74, 73) and on the participation of
the deputy of the Fuehrer in the appointment of civil servants of 24
September 1935 (Reichsgesetzblatt I, page 1203) as follows:
I
(1) I reserve to myself the power to appoint and retire civil servants
of permanent status [Planstellen] of the civil service pay groups A 2
c 2 and upward and in the equivalent Land civil service pay groups, if
not otherwise directed by special regulations. These civil servants
will be dismissed by me in accordance with articles 60, 61, 63 of the
German Civil Service Law, but according to article 61 only in as far as
they can be placed in inactive status [Wartestand]. Civil servants whom
I have placed in inactive status, and who are to be returned to active
duty in permanent positions which do not require a formal appointment
on my part can only be returned to active duty with my concurrence. I
reserve to myself the power to retire the following civil servants in
inactive status: under secretaries, ambassadors, ministerial directors,
ministers first class, and Oberreichsanwaelte.
(2) Suggestions will be submitted by the appropriate Reich Minister,
for Prussia by the Minister President.
(3) Before suggestions for appointment of civil servants and the
employment in accordance with sentence 3, Article I, is made, the
advice from the deputy of the Fuehrer [Hess] is to be sought, except in
cases where they are civil servants of the armed forces.
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