for Judicial District No. 18, Ringsted Market Town and Hundred, as well as the Skjoldenæsholm and Svenstrup Birk districts.
– concerning the Free Corps … C.140/1945, pronounced 8/4 1946.
J U D G M E N T
The Prosecution Authority.
v. (against)
Hans Kxxxx Jxxxxxxxx
In this case, which has been heard with the participation of lay judges, charges have been brought by indictment of 18/12 1945 from the Public Prosecutor for Zealand before the Court of Ringsted Market Town etc. against Hans Kxxxx Jxxxxxxxx seeking punishment…
I
under the Supplement to the Penal Code of 1 July 1945, Section 10(1), for, from 28 August 1941 to 29 January 1944, having served in the Free Corps Denmark and the SS Panzer Grenadier Regiment Denmark in Germany and Russia,
II
and under the same Act, Section 10(2), for, from 29 January 1944 until the capitulation, having served in the Schalburg Corps, SS-A Battalion Schalburg, and SS Guard Battalion Zealand at the barracks in Ringsted, where he repeatedly took part in railway patrols.
The accused was born on 10/10 1908 and has no prior convictions.
It appears from the information in the case, including the accused’s own statement, that in mid-August 1941 he volunteered for the Free Corps Denmark in wartime in order to fight Communism. On 28 of the same month he departed for Hamburg, where he began his military training. On 20 May 1942 he was deployed to the front in Russia south of Lake Ilmen, where he remained until around 12 August 1942, when his company was withdrawn to Latvia. There he was hospitalized due to illness in a Riga field hospital for three weeks, after which he returned to Treskau.
After a relatively short stay there, he participated in the Corps’ leave in Copenhagen in September 1942. When the leave had expired, he repeatedly took part in railway guard duties—once at Fjenneslev and twice at Kværkeby. He protested against participation in these duties, as he was blind in the left eye and deaf in the left ear, and therefore entirely unfit for such service. The validity of these objections was acknowledged, but he nevertheless agreed on each occasion, exceptionally, to take on railway guard duty, as it was emphasized to him that he was only being used due to a shortage of personnel.
The accused has been interned since 7 May 1945 and imprisoned since 16 May of the same year.
As a consequence of the above, the accused—who, according to the information provided, has not served in the Panzer Grenadier Regiment Denmark—shall be sentenced under Section 10(1) and (2) of Supplementary Penal Code No. 259 of 1 June 1945 to imprisonment for 3 years, of which 11 months are, pursuant to Section 86 of the Penal Code and by analogy thereof, considered as already served. Under Section 6 of the Supplementary Penal Code, the accused is deprived of public trust for a period of 5 years.
THEREFORE IT IS ADJUDGED:
The accused, Hans Kxxxx Jxxxxxxxx, shall be sentenced to imprisonment for 3 years, of which 11 months are considered as already served.
The accused is declared unworthy of public trust for a period of 5 years.
The accused shall pay the costs of the case, including 80 kroner in fees to the appointed defence counsel, High Court attorney M. Ladefoged.
Urban Petersen