Document No. 2340-PS
International Military Tribunal · 1900AUTHOR — International Military Tribunal
Nazi Conspiracy and Aggression Volume IV
Document No. 2340-PS
PARTIAL TRANSLATION OF DOCUMENT 2340-PS
1937 REICHSGESETZBLATT, PART I, PAGE 41
German Public Officials Law of 27 January 1937
A career as a public official, rooted in the German people and permeated by National Socialist ideology and loyalty bound to the Fuehrer of the German Reich and people, forms a foundation pillar of the National Socialist State. Therefore the Reich Government has enacted the following law, which is hereby promulgated.
CHAPTER I
Official Relationship \[Beamtenverhaeltnis\]
ARTICLE 1.
(1) The German official stands in a public service and trust relationship to the Fuehrer and to the Reich.
(2) He carries out the will of the state, which is based on the National Socialist German Labor Party.
(3) The state demands of the official absolute obedience and complete fulfillment of duty; in return it guarantees him a position for life.
CHAPTER II
Duties of Officials
1\. General
ARTICLE 3.
(1) A position in the public service is proof of confidence on the part of the state leadership, which the official must justify by being constantly aware of the increased duties which his position imposes upon him. Fuehrer and Reich demand of him true patriotism, a spirit of self-sacrifice, and complete dedication of his efforts, obedience to his superiors, and comradeship toward his colleagues. He must be a model of loyal fulfillment of duty to all his fellow citizens. He must be faithful to the death to the Fuehrer, who assures him his special protection.
(2) The official must at all times support without reservation the National Socialist state and in all his behavior must be guided by the fact that the National Socialist German Labor Party, in indissoluble union with the people, is the basis of the German state concept. He must report to his superiors occurrences which might endanger the existence of the Reich or of the National Socialist German Labor Party, even when he has not learned of them in the course of his official duties.
(3) The public official is responsible for conscientious fulfillment of his official duties. By his conduct, on or off duty, he must prove himself worthy of the respect and confidence which his profession enjoys. He must not permit any member of his household to engage in any dishonorable activity.
2\. Oath of Allegiance.
ARTICLE 4.
(1) The official confirms his special unity with the Fuehrer and the Reich with the following oath, which he must take upon entering upon his first duty:
"I swear: I will be loyal and obedient to the Fuehrer of the German Reich and people, Adolf Hitler, obey the law, and conscientiously perform my official duties, so help me God."
(2) If a law permits members of a religious affiliation to use other forms of affirmation instead of the oath, the official who is a member of such a religious affiliation may use such form of affirmation.
(3) If the official declares that he has objections to taking the oath in religious form, he can take it without the final words.
CHAPTER IV
Appointments and Transfers
1\. Appointments
ARTICLE 25.
(1) Only a person who is of German or related blood and who, if he is married, has a spouse of German or related blood can become an official. If the spouse is a mixed-blood second degree, an exception may be made.
(2) An official may marry only a person of German or related blood. If the betrothed is a mixed-blood, second degree the marriage may be approved.
(3) For the admission of an exception under subdivision 1, 2nd sentence, and the approval under subdivision 2, 2nd sentence, the supreme office authority in agreement with the Reich Minister of the Interior and the Deputy of the Fuehrer are the competent authorities. The same authorities may also permit exceptions to subdivision 1, 1st sentence and Subdivision 2, 1st sentence, in individual cases.
ARTICLE 26.
(1) Furthermore, only such person may assume public office, who-
1\. is a citizen of the Reich or is not a citizen yet only because he does not yet fulfill the requirements therefore because of his age,
2\. has the preliminary training prescribed for his career or, in the absence of such regulations, the customary preliminary training or other special requirements for the office to be entrusted to him, and
3\. offers guarantee that he will at all times support the National Socialist State without reservation.
(2) Exceptions to subdivision 1, No. 1 require the approval of the Reich Minister of the Interior in agreement with the Deputy of the Fuehrer or the authorities appointed by them.
CHAPTER VII
Termination of official Relationship
2\. Dismissal from Office
(a) Refusal to take the oath
ARTICLE 57.
Whoever refuses to take the oath of allegiance prescribed by law is to be dismissed.
3\. Retirement
(d) Political Reasons
(1) The Fuehrer and Reich Chancellor may retire a life-time or temporary official on the request of the supreme office authority in agreement with the Reich Minister of the Interior, if the official no longer offers guarantee that he will at all times support the National Socialist State.
(2) The facts justifying this request are to be ascertained in an investigation in which the questioning of witnesses and excerpts on oath is permissible and in which the official is to be heard.
Berlin, 26 Jan. 1937
The Fuehrer and Reichs Chancellor
Adolf Hitler
The Reichs Minister of the Interior
Frick
The Reich Minister of Finance
Count Schwerin von Krosigk
Source:<br>Nazi Conspiracy and Aggression Volume IV<br>Office of the United States Chief Counsel for Prosecution of Axis Criminality<br>Washington, DC : United States Government Printing Office, 1946