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

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Exonerated Persons

An exonerated person is:
Anyone who, in spite of his formal membership or candidacy or any other outward indication, not only showed a passive attitude but also actively resisted the national socialistic tyranny to the extent of his powers and thereby suffered disadvantages.


In accordance with the extent of responsibility the sanctions set forth in Articles 8-11 shall be imposed in just selection and gradation, to accomplish the exclusion of national socialism and militarism from the life of the German people and reparation of the damage caused.

Sanctions against Major Offenders

I. Major Offenders having committed a specific war crime will be liable to the following sanctions:
(a) Death;
(b) Imprisonment for life or for a period of five to fifteen years, with or without hard labour;
(c) In addition, any of the sanctions listed in Paragraph II of this Article may be imposed.

II. The following sanctions may be imposed upon other Major Offenders:
(a) They shall be imprisoned or interned for a period not exceeding 10 years; internment after 8 May 1945 can be taken into account; disabled persons will be required to perform special work in accordance with their capability;

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