Control Council Act No. 11

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Basic data
Title: Law of the Control Council for Germany No. 11: Repeal of individual provisions of German criminal law
Short title: Control Council Act No. 11
Abbreviation: CCL11
Type: National law
Scope: Germany within the borders of September 2, 1945
Issued on the basis of:
Berlin declaration
Legal matter: Criminal law
Issued on: January 30, 1946 (Official Gazette of the Control Council in Germany, p. 55)
Entry into force on: February 4, 1946
Expiry: May 5, 1955 (BR Dtl.)
September 20, 1955 (GDR)
Please note the note on the applicable legal version.

The Control Council Law No. 11 ( English Control Council Law No. 11 , abbreviation CCL11; French Loi n ° 11 du Conseil de contrôle allié ; Russian Закон № 11 Контрольного совета / Zakon No. 11 Kontrol'nogo soveta), which was enacted by the Allied Control Council in its function as the highest legislator for the whole of Germany, stipulated that a number of criminal provisions from the time of National Socialism were to be suspended. In addition, some of the StGB norms in the field of state security have been repealed.

Repealed provisions of the StGB

With the exception of a few provisions in the general and special sections , the law was repealed in both German states in 1955.

general part

In the general part of the Criminal Code, the “punishment based on healthy public opinion” (Section 2), the extradition ban (Section 9) and the application of military laws (Section 10) have been deleted.

In the area of ​​legal consequences have been repealed

  • the possibility of employment outside the prison (Section 16 (3)),
  • the specification of the punishment according to the mildest law in the event of a majority of offenses (§ 2b) and
  • the secondary punishment of emasculation (§§ 42a No. 5, 42k StGB).

special part

In the special part of the Criminal Code, the following criminal offenses were omitted:

  • Denigration of the state or the NSDAP and its symbols (§§ 134a, 134b)
  • Desertion (§§ 140, 140a, 140b)
  • Recruiting for foreign military service (Section 141a)
  • Withdrawal of military service (§ 142, 143, 143a)
  • Disparagement of the memory of the fallen (Section 189 (3))
  • Destruction of fertility on request (§ 226b)
  • Theft of ammunition (Section 291)
  • Breach of official secrecy (Section 353a)
  • Acquisition of army or naval uniforms (Section 370 Paragraph 3)

In addition, the impunity for participating in duels has been repealed (Section 210a). In this respect, the Control Council Act No. 11 did not have an exclusively decriminalizing effect.

Laws and ordinances repealed by the Control Council Act No. 11

  • Law to ensure legal peace
    (threat of the death penalty for murders of civil servants, soldiers, those involved in court proceedings, etc. as well as for the production or import of treasonous writings)
  • Special War Criminal Law Ordinance
    (threat of the death penalty for espionage, rioting, disintegration of military strength or desertion, threat of penitentiary for violating orders of the occupation troops or unauthorized removal from the troops)
  • People's Pest Ordinance - Ordinance against pests of the people
    (threat of the death penalty for looting in the occupied area or crimes dangerous to the public, threat of 15 years in prison for committing crimes in the event of an air raid alarm, exploitation of the state of war as a tightening of punishment)
  • Ordinance to supplement the penal provisions for the protection of the defense force of the German people
    (threat of prison for damage to military resources or prohibited handling of prisoners of war, threat of penitentiary for disrupting an important company, participation in a hostile association or endangering the armed forces of friendly states)
  • Ordinance for the protection of the Reich Labor Service
    (threat of prison for the demand to refuse the RAD obligation, incitement of members of the RAD,     RAD eviction or desertion in the RAD, threat of prison for evacuation by female RAD members)
  • Polish Criminal Law Ordinance - Ordinance on the administration of criminal justice against Poles and Jews in the incorporated eastern regions
    (threat of the death penalty against Poland for acts of violence against Germans, threat of the death penalty or imprisonment against Poland for the company of inflammatory activities of anti-German sentiments, damage to a German authority or demand to disobey a regulation or instruction)
  • Ordinance of the Führer on the protection of the collection of winter things for the front
    (threat of death penalty for appropriating items of clothing intended for soldiers)
  • Ordinance of the Führer for the protection of the armaments industry
    (threat of prison or death penalty for false statements regarding the need for or stock of workers or arms-related goods)
  • Ordinance on the protection of weapons badges of the Wehrmacht
    (weapons badges are placed under the same criminal law protection as medals and decorations)
  • Ordinance to secure the total war effort
    (threat of imprisonment or fine for violations of measures to carry out the total war effort)
  • Police ordinance on boarding seagoing ships in German ports
    (threat of a fine or imprisonment of up to six weeks for entering a seagoing ship by foreigners in a German port)
  • Ordinance to secure frontline deployment
    (threat of the death penalty or prison for sabotage of frontline aid, criminal liability for thwarting frontline deployment)

Legal consequences

The judgments of all of the above-mentioned criminal norms were retroactively overturned by the Nazi Injustice Judgments Repeal Act of August 25, 1998.

Web links

Individual evidence

  1. ↑ All paragraphs come from the Criminal Code in the version of September 20, 1945
  2. ↑ Chancellor Adolf Hitler , the Reich Minister of Justice Franz von Papen : Law on Verhändung and enforcement of the death penalty on 29 March 1933. In: . Reichsgesetzblatt born 1933 Part 1 No. 28 Ministry of the Interior, March 31, 1933, S. 151 , accessed on December 23, 2011 .
  3. ↑ Reich Chancellor Adolf Hitler , Reich Minister of Justice Franz Gürtner , Reich Minister of the Interior Wilhelm Frick : Law for the Guarantee of Legal Peace of October 13, 1933. In: Reichsgesetzblatt, Volume 1933 Part I. Reich Ministry of the Interior, October 13, 1933, p. 723/14 , accessed on 23 December 2011 .
  4. ^ Reich Chancellor Adolf Hitler , Reich Minister of the Interior Wilhelm Frick , Reich Minister of Justice Franz Gürtner : Law on Measures of the State Emergency Work of July 3, 1934. In: Reichsgesetzblatt, Volume 1934 Part I. Reich Ministry of the Interior, July 3, 1934, p. 529 , accessed on December 23 2011 .
  5. ^ Fuehrer and Reich Chancellor Adolf Hitler , Head of OKW Wilhelm Keitel : Law on Special Criminal Law in War and Special Use of August 17, 1938. In: Reichsgesetzblatt, year 1939, part 1. Reich Ministry of the Interior, August 26, 1939, p. 1455– 1457 , accessed December 23, 2011 .
  6. ↑ Chairman of the Council of Ministers for Reich Defense Hermann Göring , Deputy Leader Rudolf Hess , Plenipotentiary for the Reich Administration Wilhelm Frick , Head of the Reich Chancellery Hans Heinrich Lammers : Ordinance on Extraordinary Broadcasting Measures of September 1, 1939. In: Reichsgesetzblatt, 1939 Part I No. 169 . Ministry of the September 7, 1939 inside, S. 1683 , accessed 23 December 2011 .
  7. ↑ Chairman of the Council of Ministers for Reich Defense Hermann Göring , General Commissioner for Reich Administration Wilhelm Frick , Head of the Reich Chancellery Hans Heinrich Lammers : Ordinance against pests of the people of September 5, 1939. In: Reichsgesetzblatt, year 1939, Part I No. 168. Reich Ministry of the Interior, 5. September 1939, p. 1679 , accessed December 23, 2011 .
  8. ^ Chairman of the Council of Ministers for Reich Defense Hermann Göring , General Plenipotentiary for the Reich Government i. V. Heinrich Himmler , head of the Reich Chancellery Hans Heinrich Lammers : Ordinance to supplement the penal provisions for the protection of the military strength of the German people of November 25, 1939. In: Reichsgesetzblatt, year 1939 Part I No. 238. Reich Ministry of the Interior, November 30, 1939, P. 2319 , accessed December 23, 2011 .
  9. ↑ General Plenipotentiary for the Reich Administration Wilhelm Frick : Ordinance for the protection of the Reich Labor Service of March 12, 1940. In: Reichsgesetzblatt, Volume 1940 Part I No. 45. Reich Ministry of the Interior, March 14, 1940, p. 485 , accessed on December 23, 2011 .
  10. ↑ Chairman of the Council of Ministers for Reich Defense Hermann Göring , Head of the Reich Chancellery Hans Heinrich Lammers : Ordinance on the protection of the metal collection of the German people of March 29, 1940. In: Reichsgesetzblatt, year 1940, part 1, No. 56. Reich Ministry of the Interior, March 30, 1940 , P. 565 , accessed December 23, 2011 .
  11. ↑ Chairman of the Council of Ministers for the Reich Defense Hermann Göring , Plenipotentiary for the Reich Administration Wilhelm Frick , Head of the Reich Chancellery Hans Heinrich Lammers : Ordinance on the administration of criminal justice against Poles and Jews in the incorporated Eastern Territories of December 5, 1941. In: Reichsgesetzblatt, 1941 Part I No. 140. Reich Ministry of the Interior, December 16, 1941, pp. 759–761 , accessed on December 23, 2011 .
  12. ↑ Führer Adolf Hitler , head of the Reich Chancellery Hans Heinrich Lammers : Ordinance of the Führer for the protection of the collection of winter things for the front of December 23, 1941. In: Reichsgesetzblatt, year 1941, Part I No. 144. Reich Ministry of the Interior, December 29, 1941, P. 797 , accessed December 23, 2011 .
  13. ↑ Führer Adolf Hitler , head of the Reich Chancellery Hans Heinrich Lammers , head of OKW Wilhelm Keitel : Ordinance of the Führer for the protection of the armaments industry of March 21, 1943. In: Reichsgesetzblatt, year 1942, Part I, No. 34. Reich Ministry of the Interior, April 9, 1942 , P. 267 , accessed December 23, 2011 .
  14. ↑ Leader Adolf Hitler , Chief of the OKW Wilhelm Keitel : Ordinance on the Protection of Weapon Badges of the Wehrmacht of May 3, 1942. In: Reichsgesetzblatt, year 1942 Part I No. 49. Reich Ministry of the Interior, May 11, 1942, p. 45 , accessed on December 23, 2011 .
  15. ^ Reich Minister of Justice i. V. Herbert Klemm : Ordinance on Securing Total War Deployment of August 25, 1944. In: Reichsgesetzblatt, volume 1944, Part 1, No. 38. Reich Ministry of the Interior, August 26, 1944, p. 45 , accessed on December 23, 2011 .
  16. ^ Reich Minister of the Interior i. A. Ernst Kaltenbrunner : Police regulation on boarding seagoing ships in German ports September 16, 1944. In: Reichsgesetzblatt, year 1944, Part 1, No. 47. Reich Ministry of the Interior, September 30, 1944, p. 237 , accessed on December 23, 2011 .
  17. ↑ Reich Plenipotentiary for Total War Deployment Joseph Goebbels , Head of the Party Chancellery Martin Bormann , Head of OKW Wilhelm Keitel , Reichsführer SS Heinrich Himmler : Ordinance on Securing Front Operations of January 26, 1945. In: Reichsgesetzblatt, 1945 Part I No. 4. Reich Ministry of the Inside, January 26, 1945, p. 20 , accessed December 23, 2011 .
  18. ↑ Law on the repeal of National Socialist judgments in criminal justice and of sterilization decisions of the former hereditary health courts of August 25, 1998 ( Federal Law Gazette I p. 2501 )