Re Rust

CourtObsolete Court (Germany)
Date05 n 1948
Docket NumberCase No. 221
French Permanent Military Tribunal at Metz.
Case No. 221
In re Rust.

Belligerent Occupation — Civilian Inhabitants — Treatment of — Requisition of Property and Services from Civilian Inhabitants — Duty to give Receipt for Contributions in Kind.

The Facts.—The accused, an officer inma the Gern Security Service (S.S.) stationed in occupied France, was charged with the “abusive and illegal requisitioning” of French property1 and with “employing French subjects on military works”.2 The prosecution alleged that in September 1944 the accused had ordered a local inhabitant, Marcel Schmitt, to provide horses and vehicles with which the latter had to carry German ammunition and also to repair German military bicycles, motorcycles and electrical installations. It was also alleged that similar demands had been made on other French civilian inhabitants and that the acts of requisitioning had been effected in an unlawful manner seeing that no receipts had been delivered to the owners of the property concerned.

The accused pleaded: (1) that he had acted in obedience to superior orders; (2) that he was under no duty to deliver receipts for the property requisitioned.

Held: that the accused was guilty under Article 214 of the French Code of Military Justice of “abusing powers conferred upon him for the purpose of requisitioning men and vehicles by refusing to deliver receipts for such requisitions”.3 He was sentenced to imprisonment for one year.

1 Article 2 of a French Ordinance of August 28, 1944, provided that “abusive or illegal requisitioning” was to be treated as pillage within the meaning of Article 221 of the Code of Military Justice. The latter article is concerned with pillage committed by military personnel.

2 The prosecution treated this alleged offence as falling within the terms of Article 334 of the...

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