[Directive by Wilhelm Frick Regulating 12 April 1934]
[Pencilled noted on top of page:]
'Protective Custody,"
(1) 3F 4 487 .
To reduce the abuses in connection with the infliction of protective custody, the Reichminister of the Interior has decided in his directive on the infliction and execution of protective custody of 12 April 1934, directed to the state governments and the Reichsstatthalter, that orders for protective custody can only be issued, a) for the personal protection of the arrestee b) if the arrestee immediately endangers public safety and order by his behaviour, especially by activity, inimical to the state.
If therefore, as far as these pre-requisites do not prevail a sentence of protective custody is not permitted especially a) against persons who only insist on the use of their civic or public rights (for instance report, complaint, grievance) ; b) against lawyers because of representation of their client's interests; c) because of personal affair (for instance libel) ; d) because of any economic measures (question of salaries, dismissal of employees and similar cases).
Protective custody furthermore is not permitted for the punishment of criminal acts, for the courts are competent for that. It cannot be applied only for the reason, that a person behaves asocially or otherwise in an obnoxious manner, unless the People has become aggravated by that, and this protective custody becomes necessary for the arrestee's own protection.
555
779-PS
(2)
Regulations of Official Agencies-Regulations on Measures of Protective Custody in Prussia (taken for the administrative gazette of the Reich [Reichsverwaltungsblatt] No. 9 of 2 March 1935.) The Prussian Prime Minister. Secret State Police Insp.. 946/11 March 1934 Berlin, 11 March.
Subject: Order for measures of protective custody.
1. The previous executory regulations, applying to measures of protective custody are rescinded. In the future, limitations of personal freedom, according to article 1 of the decree for the protection of people and state of 28 Feb. 1933, may be ordered by the Secret State Police office, effective in the whole state, and by the governors and cabinet presidents in Berlin and by the state police offices for their local jurisdiction.
The present competency of the district police authorities [Kreispolizeibehoerden], namely the state counsellors [Land- rate], is no longer applicable for such measures.' The measures previously, ordered by them, become void after 31 March unless a' prolongation has been ordered before then by the State [Landes] police authorities.
2. If protective custody has been ordered as a provisional measure because of suspicion of a criminal act, the decision of the court must be obtained immediately for infliction of legal detention for investigation, and in the case of a refusal of a legal warrant for arrest, the police measure is also to be rescinded, unless their continuation in exceptional cases appears justified forv other reasons.
3. Limitations of personal freedom, which are ordered by the Ober—and Regierungspraesidenten, by the president of the police in Berlin and by the state police offices, become automatically void on the 8th day after the end of the day, on which the order for protective custody has been executed, unless the continuation of the protective custody has been ordered specifically by me upon appropriate request.
4. Every case of protective custody, ordered by the Ober and Regierungspraesidenten, by the president of police in Berlin and by the state police offices, is to be reported to me personally (address Berlin W 9, Leipziger Platz 11a) by Telegram within 24 hours, mentioning exactly: name, age, occupation, political standpoint: of the one affected, as well as the cause of the measure; also if necessary, the necessity for apparently appropriate limitation of freedom beyond 7 days must be justified.
556
779-PS
5. Arrests, which do not fall under the designation "protective custody", may only be made by the authorities, legally appointed for them. But in this case, a legal warrant for arrest must be obtained under all conditions within 24 hours. If such a warrant for arrest is refused by the competent judge, or if it cannot be obtained within 24 hours, the affected one is to be released immediately or, if the arrest is to remain in effect, action has to be taken according to #3 and 4 (report by telegram within 24 hours itQ the prime minister).
6. In the future, I will punish the abusive use of the arrest
'mercilessly. '
Agencies of the party and the associations may not make arrests. M case of disregard of this order, the competent authorities mtist take actions against it immediately, and must report to me at once.
Order (and commentary) limiting the use of protective custody (to protect the person arrested; or to prevent immediate danger to the public or the state), with restrictive jurisdictional and procedural requirements and plans to punish the misuse of the power
Authors
Wilhelm Frick (Minister of the Interior; chief of Nazi delegation, Reichstag; admin. Plenipotentiary)
Wilhelm Frick
German Nazi official (1877-1946)
- Born: 1877-03-12 (Alsenz)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; lawyer; politician
- Member of political party: German Völkisch Freedom Party; National Socialist Freedom Movement; Nazi Party
- Member of: AGV München; Thule Society
- Participant in: Aryanization; Beer Hall Putsch; International Military Tribunal (role: defendant)
- Position held: Protectorate of Bohemia and Moravia (period: 1943-08-24 through 1945-05-04; replaces: Konstantin von Neurath); Reichsminister des Innern (period: 1933-01-30 through 1943-08-20; replaced by: Heinrich Himmler; replaces: Franz Bracht); member of the Reichstag of Nazi Germany; member of the Reichstag of the Weimar Republic
Date: 11 March 1934
Literal Title: [following fourth paragraph;] Subject: Order for measures of protective custody.
Defendant: Wilhelm Frick
Total Pages: 2
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-779
HLSL Item No.: 453321
Notes:The author and dates are identified in the Blue Set, vol. 26, p. 297. A copy of PS 779 was entered as Frick defense exhibit 6. This document was apparently not entered in the prosecution case against Frick.
Document Summary
PS-779: Directive by the Reichs Minister of the Interior regarding Protective Custody and Clipping about the same theme
PS-779: Order by Frick, 11 March 1934, relating to "protective custody"; unsigned, undated observations on an order by Frick, 13 April 1934, on the same subject