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DENAZIFICATION_
6. The Chairman of the Spruchkamen and all members of the Spruchsenate will
be nominated by the Central Legal Office in consultation with the highest
legal ad-
ministrative authority (Oberste Justizverwaltung) in each Lend. The two Lay
Asses-
sors on each spruchkammer will be nominated by the appropriate Land Gvernent.
7. No former member of the N.S.D.A.P. nor any person who has held office
in
any affiliated organization thereof may be Chairman or member of the Spruchkammern
or Spruchsenate.
ARTICLE IV
Prosecution and-Charge
8. The preparation of cases against members of the said Criminal Organizations
and the prosecution thereof shall be the responsibility of the Central Legal
Office.
9. The accused persons will be chargbd with having been a member of .a criminal
organization with knowledge that it was being used for. the commission of
acts de-
clared criminal by Article 6 of the Charter of the International Military
Tribunal,
as specified in the Second Schedule to this Ordinance.
ARTICLE V
Penalties
10. Any person found guilty will be liable to any or all of the following
penaltiess -
(a) imprisonment (iefaengnisstrafe) for a tera not exceeding 10 years;
(b) forfeiture of property;
(c) fine.
ARTICLE VI
Mitigating Circumstances
11. The Tribunals may take into account mitigating circumstances when determin-
ing the sentence to be awarded.
ARTICLE VII
Issue of Regulations
12. The Central Legal Office shall issue such regulations or orders as may
be
necessary or expedient for carrying this Ordinance intl- effect, including
direc-
tions as to the maximum sentences to be imposed in relation to any rank or
appoint-
ment held in any of the said criminal organizations, provided that in no
cases shall
any sentence of imprisonment exceed the maximum laid down in Article V hereof.
ARTICLE VIII
Effective Date
13. This Ordinance shall become effective aa the 31st December, 1946.
BY ORDER OF MILITARY GOVERIAENT.
APRIL 1948
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