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Control Council Directive No. 38 (October 12, 1946)

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2. They will not be permitted to leave a Zone or Germany without permission;
3. Civilian members in this category may not stand for election at any level but may vote.
4. In addition, in the case of civil servants, retirement or transfer to an office with lesser rank or to another position, possibly with reduction of compensation or rescission of a promotion instituted while the person belonged to the NSDAP, may be ordered. Corresponding measures may be ordered against persons in economic enterprises including agriculture and forestry.
5. They may be ordered to pay single or recurrent contributions to funds for reparations. When determining contributions, the follower’s period of membership, the fees and contributions paid by him, his wealth and income, his family conditions and other relevant factors shall be taken into consideration.


ARTICLE 12
Exonerated Persons

No sanction will be applied against persons declared to be exonerated by a tribunal.


ARTICLE 13

Persons in the categories defined in Articles 2 to 6 above who are guilty of specific war crimes or other offences may be prosecuted regardless of their classification under this Directive. Imposing of Sanctions under this Directive shall not bar criminal prosecutions for the same offence.

Done at Berlin on the 12th day of October 1946.


R. NOIRET,
General de Division

P. A. KUROCHKIN,
Colonel General

LUCIUS D. CLAY,
Lieutenant General

G. W. E. J. ERSKINE,
Major General




Source: Control Council Directive No. 38 (October 12, 1946), in Official Gazette of the Control Council for Germany, No. 11, October 31, 1946, p. 184; reprinted in Beata Ruhm von Oppen, ed., Documents on Germany under Occupation, 1945-1954. London and New York: Oxford University Press, 1955, pp. 168-79.

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