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Germany (territory Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Civil Administration Division. / Denazification, cumulative review. Report, 1 April 1947-30 April 1948.
(1948)
Law for liberation from National Socialism and Militarism (German legislation), 5 March 1946, as amended and annotated, pp. 52-97
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Page 63
DENAZIFICATION MeL G. Anno: Monetary sanctions against Followers shall be fixed at not less than RM 50 nor more than RM 2000. The Tribunal may permit payments in instalments in appropriate cases. The decision shall set forth the amount of compulsory labor not in excess of 30 days which the respondent may perform in lieu of payment (Regulation No. 6, MGR 24-500.16). Extenuating Circumstances ARTICLE 19 With respect to the imposition of discretionary sanctions, the following extenuating circumstances may especially be taken into consideration: (1) Youth or immaturity: (2) Serious bodily disability resulting from the impact of the war; (3). Heavy and permanent strain upon the earning power of a person because of invalidism of relatives, especially as a result of impact of the war. M. G. Anno: Extenuating circumstances are not defenses Ind are not to be taken into consideration by the Tribunal in arriving at its finding (i. e., the classification of offender), nor must they affect the im- position of mandatory sanctions. Extenuating circumstances are only to be considered in arriving at what discretionary sanctions should be imposed (MGR 9-832 b(2) and 9-834.7 c). ARTICLE 20 (1) With regard to persons born after 1 January 1919, sanctions can be imposed under this law only if they are Major Offenders, Offenders or Lesser Offenders. (2) In accordance with special regulations, sanctions against such persons may be reduced if they are not Major Offenders. M. G. Anno: Persons born after 1 January 1919 are not affected by the Law unless they are within Class I or II categories listed in the ap- pendix to the Law or unless there is other evidence indicating that they are Major Offenders or Offenders (MGR 2-150). Amnesty decree for youthful ex-Nazis (MGR 24-500.70). The Youth and Christmas Amnesties do not apply to members of organizations found criminal by the International Military Tribunal (the SS, SD, Gestapo and Corps of Political Leadership of the NSDAP) and any Tribunal findings of Lesser Offender or Follower do not have the effect of exempting such respondents from the sanctions provided by the Law for Liberation (OMGUS letter dated 9 April 1947, file AG 010.6 (IA), subject, "Trial of Members of Criminal Organizations under the Law for Liberation"). APRIL 1948 - 63 -
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