German laws establishing and regulating the Gestapo

[David Thompson]

"Document 2104-PS: Law On The Organization Of A Secret State Police Office [translation]" in Nazi Conspiracy and Aggression. Volume IV: US Government Printing Office, District of Columbia: 1947. p. 730.

1933 PREUSSISCHE GESETZAMMLUNG, PAGE 122.

The State Ministry has resolved on the following law:

* * *

(1) The Secret State Police, with headquarters in Berlin, is organized in order to carry out the duties of political police with or in place of the ordinary police authorities (Article 2, paragraph 1 of the Code of Police Administration of 1 June 1931, Gesetzsammlung p. 77) The Secret State Police Office has the rank of a higher police authority and is subordinate only to the Minister of the Interior.

(2) The Minister of the Interior determines the functional and territorial jurisdiction of the Secret State Police Office.

(3) The regulations of the Code of Police Administration of 6/1/1931 concerning appeals against orders of the higher police authorities are applicable in so far as the Administrative Court in Berlin has exclusive jurisdiction over court appeals against orders of the Secret State Police Office.

* * *

Within its jurisdiction, the Secret State Police Office can make requests for police action to all police authorities.

* * *

The Minister of the Interior is entitled to issue administrative orders for the execution of this law. He acts in agreement with the Minister of Finance in regard to the number and type of officials and employees who should be employed by the Secret State Police Office.

* * *

The law goes into effect on the day of its promulgation.

Berlin 24 April 1933
The Prussian Ministry of State

/ss/ Goering and by Popitz for the Minister of the Interior

The above law, resolved by the Prussian State Ministry, is herewith promulgated.

Berlin 26 April 1933

/ss/ For the Reich Chancellor:
The Prussian Prime Minister
Goering

[David Thompson]

"Document 2105-PS: Law on the Secret State Police of 30 November 1933 [translation]" in Nazi Conspiracy and Aggression. Volume IV: US Government Printing Office, District of Columbia: 1947. pp. 731-732.

1933 PREUSSISCHE GESETZSAMMLUNG, PAGE 413.

The State Ministry has resolved the following law:

Article 1

(1) The Secret State Police is an independent branch of the Administration of the Interior. The Prime Minister is its chief. He appoints an Inspector of the Secret State Police as acting manager of the affairs.

(2) In case of absence, the State Secretary of the State Ministry acts as deputy of the Prime Minister in his capacity as Chief of the Secret State Police.

(3) The Inspector of the Secret State Police is also chief of the Secret State Office.

* * *

The jurisdiction of the Secret State Police covers all political police matters of the general and interior administration. The Prime Minister as Chief of the Secret State Police, will issue the regulations regarding the matters which must be transferred to the Secret State Police.

* * *

(1) With the enactment of this law the Secret State Police Office takes over matters of a political nature which were previously handled by the Ministry of the Interior.

(2) The district, county and local police authorities [Landes Kreis und Ortspolizeibehoerden] are subject to the directives of the Secret State Police Office.

* * *

The Minister of Finance is empowered to make changes in the budget of the State in order to carry out this law.

* * *

Provisions of the law of 26 April 1933 (Gesetzsammlung 1933, p. 122) which conflict with this law are superseded by this law.

* * *

This law goes into effect with its promulgation.

Berlin, 30 November1933

The Prussian State Ministry,
/ss/ Goering
Popitz as Minister of Interior

The above law, as resolved by the Prussian State Ministry is herewith promulgated.

For the Reich Chancellor:
For the Prussian Prime Minister Goering

[David Thompson]

"Document 2113-PS: Secret State Police Department Decree for Application of the Law of 30 November 1933, Concerning the Secret State Police of 8 March 1934 [translation]" in Nazi Conspiracy and Aggression. Volume IV: US Government Printing Office, District of Columbia: 1947. p. 743-745.

TRANSLATION OF DOCUMENT 2113-PS

1934 PREUSSISCHE GESETZSAMMLUNG, PAGE 143.

ARTICLE 1

(1) The tasks of the Secret State Police will be effected a. by the Secret State Police Department in Berlin (Art. 1 of the law of the 26 April 1933 L.R. p. 122) for the entire State territory, b. by the State Police Offices for the Provincial Police Districts [Landes Polizei Bezirke].

(2) The "Inspecteur" (Head of the Police) conducts the general supervision of the State Police Offices, on the order and according to the instructions of the "Ministerpraesident" (Chief of the Secret State Police).

(3) In so far as the Minister President does not otherwise order, the State Police Offices are subordinate to the Regional President and in Berlin to the Police President with whom they are in immediate working connection. The control of the State Police Offices will be effected by officials to be designated by the Minister President.

(4) In places where there is no State Police Office, subsidiary offices can be established on the proposal of the "Inspecteur".

(5) The competence of the State Police Offices will cover a. matters limited in their inferences to the Provincial Police Districts, b. matters assigned to them by the "Inspecteur" of the Secret State Police without regard to the limitations of the Provincial Police District.

(6) The local or district police matters within the sphere of the Secret State Police will be conducted at the seat of the State Police Office by the latter, in places where there are subsidiary offices of the State Police by these, and for the rest by the Local and District Police authorities as auxiliaries to the Secret State Police.

ARTICLE 2

The receipts and expenditure of the Secret State Police will be treated separately in the Budget of the Ministry of the Interior. The task of the preparation of the Budget and the disposition of these funds belong to the Minister President.


ARTICLE 3

(1) The officers of the Secret State Police are officials of the general internal Administration. On the request of the Minister President, they will be placed at the disposal of the Secret State Police by the Minister of the Interior. The appointments of the higher administrative officials of the Secret State Police and of the Superior officials of the Criminal Police, from the Criminal Commissar upwards, will be made by the Minister President and the appointments of the other officials will be made by the "Inspecteur".

(2) The "Inspecteur" has disciplinary powers over the officials of the Secret State Police in accordance with Art. 16, Art. 17. para. 1, No. 2 of the Officers' Disciplinary Code of 27 April 1932 (L.R. p. 59).

ARTICLE 4

(1) Art. 2 of the Second Decree of Application of 26 April 1933, by the Minister of the Interior (L.R. p. 126), to the Decree of the President of the Reich concerning the protection of the German People, dated 4 February 1933, is hereby abolished.

(2) Art. 1, of the Decree of the Minister of the Interior of 26 April 1933 (L.R. p. 127) reads as follows:

Besides the Police President in Berlin, in his capacity as Provincial and District Police Authority (Art. 1 and 2 of the Decree of 2 March 1933 L.R. p. 33), the Secret State Police Department in Berlin is also competent for the prohibition of periodicals, for the imposition of restrictions on property, on personal liberty, and on the right of union and assembly, as well as limitations on letter, post, telegraph and telephone secrecy, in accordance with Art. 1 of the Decree of the Reich President for the Protection of the People and State of 28 February 1935 [1933] (Reichs Law Register p. 83)."

ARTICLE 5

Art. 2 of the Decree of the Minister of the Interior of 2 March 1933 (L.R. p. 33), concerning the supplement to the Decree of 1 October 1931 (L.R. p. 213), for the regulation of the competence of the Provincial and District Police Authorities, will be altered in such wise that, for the ordering of restrictions on personal freedom and the rights of union and assembly, as well as on limitations on letter, post and telegraph secrecy, the authorities of the Secret State Police (Art. 1, para. 1) shall also be competent, in so far as concerns their sphere of office, but that, for the regulation of restrictions on telephone secrecy, only the latter shall be competent.

ARTICLE 6 This Decree comes into force on the day of its proclamation.

Berlin, 8 March 1934

THE PRUSSIAN MINISTER PRESIDENT.
Goering

[David Thompson]

"Document 2107-PS: Law on the Secret State Police of 10 February 1936 [translation]" in Nazi Conspiracy and Aggression. Volume IV: US Government Printing Office, District of Columbia: 1947. p. 732.

[

b]1936 PREUSSISCHE GESETZSAMMLUNG[/b], PAGES 21-22.

* * *

Section VII.

Orders in matters of the Secret State Police are not subject to the review of the Administrative Courts.

Berlin, 10 February 1936

[David Thompson]

"Document 2108-PS: Law on the Secret State Police of 10 February 1936 [translation]" in Nazi Conspiracy and Aggression. Volume IV: US Government Printing Office, District of Columbia: 1947. pp. 732-735.

PARTIAL TRANSLATION OF DOCUMENT 2108-PS

1936 PREUSSISCHE GESETZSAMMLUNG, PAGES 22-24

Issue No. 5 distributed in Berlin, 12 Feb 1936. No. 14309

Decree for execution of the Law on the Secret State Police of 10 February 1936

On the basis of Articles 1 and 8 of the Law on the Secret State Police of the 10 February 1936 (Prussian Legal Gazette, page 21) is decreed :

Art. 1

The Gestapo is authorized to carry out the police investigations in high treason, treason and explosive cases, as well as other punishable aggressive actions against Party and State.

Art. 2

(1) In the proper competence of the Secret State Police, the Secret State Police Bureau is authorized to undertake measures in the entire territory of Prussia and measures effective for the entire territory.

(2) The Secret State Police Bureau assumes the competence of the Supreme Federal State Authorities in cases of the Law on guns and munitions of the 13 July 1928 (Reichs Legal Gazette I, page 198).

732

2108-PS

(3) The Secret State Police Bureau is a central collecting agency for political police information.

(4) The Secret State Police Bureau administers the state concentration camps.

(5) In Berlin the Secret State Police Bureau assumes the competence of the Secret State Police for the Federal-State-County and local police affairs. Whether, and to what extent these tasks will be transferred to the State Police office in Berlin—will be determined by the Chief of the Secret State Police.

Art. 3

The State Police offices may, within the framework of the competence of the Secret State Police, take all the measures incumbent upon the Secret State Police with the exception of the prohibition of periodicals in their district.

Art. 4

(1) Insofar as it is necessary for the detection and fighting of aspirations which are directed against the State, the authorities of the county and local police in towns of more than 5000 in-habitants may decree the confiscation of printed material and restrictions regarding the rights of association and assembly for the support of the Secret State Police. The county and local police authorities have to obey within this realm the instructions of the responsible office of the State Police.

(2) The State Police office at its location executes also the functions of the local police within the framework of responsibility of the Secret State Police.

Art. 5

The Secret State Police is an independent branch of the interior administration. Its officials, employees and paid personnel belong to the interior administration. Its highest superior is the Chief of the Secret State Police.

Art. 6

The head of the Secret State Police office will represent the Deputy Chief of the Secret State Police in all official business functions.

Art. 7

The Secret State Police office may, within the framework of responsibility resting upon the Secret State Police, make requests to the heads of provincial and county governments [Ober—und Regierungspraesidenten], as well as to all police agencies. The

733

2108-PS

heads of the provincial and county governments have to obey the instructions of the Secret State Police office with respect to affairs concerning the Secret State Police.

Art. 8

(1) The State Police offices are located at the seat of the government. The chief of the Secret State Police can, in agreement with the Minister of Interior, make exceptions from this principle.

(2) An index of the State Police offices is added in the appendix.

Art. 9

(1) The heads of the State Police offices and political specialists [Sachbearbeiter] of the provincial governors will be deter-mined by the Chief of the Secret State Police in agreement with the Minister of the Interior.

(2) In case the head of the State Police Office is prevented from doing so, the functions of the political specialist of the provincial governor will be taken care of by the official who is destined as permanent deputy of the head of the State Police Office. He will be designated by the Chief of the Secret State Police in agreement with the Minister of Interior.

Art. 10

The State Police offices may make their requests to all police authorities of their district. In counties, the request has, as a matter of principle to be directed to the County Governor [Landrat] ; in the urgent cases it will suffice to inform the County Council. The reports of the authorities subordinated to the County Governor have to be sent to the State Police offices through the County Council ; in urgent cases it will suffice to in-form the County Council at the same time.

Art. 11

The authorities of the County Police have to report directly to the responsible state police office on all important political occurrences and observations.

Art. 12

Insofar as officials of the Secret State Police within the frame-work of the authority of the Secret State Police, take over the tasks incumbent upon the authorities and officials of the police —and security services according to the regulations of the code for criminal proceedings, they are acting as auxiliary officials of the Chief Prosecutor of the Reich [Oberreichsanwalt] or of the State Prosecutor for the District Court [Oberstaatsanwalt] who is locally responsible.

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2108-PS

Art. 13

The Chief of the Secret State Police disposes of the funds set aside for the Secret State Police in the budget of the interior administration.

Art. 14

The Ministerialblatt of the Reich—and Prussian Ministry of the Interior is the official gazette for the Chief and Deputy Chief of the Secret State Police.

Art. 15

This decree will be effective on the day after its publication. Berlin, 10 February 1936

The Prussian Prime Minister
GOERING
The Reich—and Prussian Minister of the Interior
FRICK