On Judicial Rehabilitation

Original Language Title: o soudní rehabilitaci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38457&nr=119~2F1990~20Sb.&ft=txt

119/1990 Coll.



LAW



of 23 December 2003. April 1990



on judicial rehabilitation



Change: 47/1991 Coll.



Change: 633/1992 Sb.



Change: 198/1993.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



THE FIRST SECTION



The purpose of the law



§ 1



(1) the purpose of the Bill is to abolish the convicting judgment for acts, which

contrary to the principles of a democratic society respectful of civil

political rights and freedoms guaranteed by the Constitution and expressed in international

documents and international legal standards of law as

crime, allow a rapid review of the cases of persons unlawfully, as follows

convicted as a result of violations of legality in criminal proceedings

delete the hardship in the use of repression, safeguard the wrongly

convicted persons to the social rehabilitation and appropriate material

compensation and allow to draw the consequences of illegality against the

persons that applicable laws knowingly or grossly infringed.



(2) acts that were directed to the exercise of the rights and freedoms of citizens guaranteed by the

the Constitution and proclaimed in the Universal Declaration of human rights and in the

downstream of the International Covenants on Civil and political rights,

they were Czechoslovak criminal law declared criminal in violation of

with international law and international law, would be contrary to their

the criminal prosecution and punishment.



SECTION TWO



Annulment of the decision of the law



§ 2



(1) the Final condemning judgment in time from 25.

February 1948 to 1. January 1990, concerning acts committed after 5. may

1945,



and) under Act No. 50/1923 Coll., as amended by the laws to the changing and

additional, for crimes, offences or offences under section 1, own

preparation of own pursuant to § 2, prorady according to § 4, secrecy, betrayal

According to § 5, military treason under section 6, a conspiracy to attack the constitutional

agents according to § 9, violence against the constitutional factors neb's osobování

their power under section 10, the insult of the President under section 11,

nepřekažení or omission criminal undertakings pursuant to § 12 para. 1 in the

relation to offences under section 1, 2, 6 and 9, the interference of general peace in accordance with § 14

paragraph. 1, 5, 6 and § 14a, challenges to the non-compliance with legal obligations or to

criminal offences under section 15 para. 1 and under section 15(2). 3 in relation to the

crimes under sections 1 and 2, pooling State enemy, pursuant to section 17, the dissemination of

false reports under section 18, gross neslušnosti under section 20,

illegal news coverage under section 23, the challenges to the defense of the Republic of

under section 24, or approval of criminal offences under section 4 in relation to the

referred to crimes or to přečinům;



b) according to law No. 231/1948 Coll., for crimes, offenses, or offenses

high treason under section 1 (1). 1, para. 2, paragraph 1. 3 (b). b), c), (d)), (e)),

Association against the State pursuant to § 2 (2). 1 and 3, sedition against

Republic under § 3 para. 1 and 2, accused under section 4,

spying according to § 5, spying against the allies in accordance with § 6,

negligent storage of State secrets under section 7, the threat defense

States pursuant to § 8 and 9, the illegal news coverage under section 12,

conspiracy to attack the constitutional factors under section 17, osobování 's

the powers of the constitutional factors under section 19, the rebel under section 20 and 21,

injury to honor President of the Republic in accordance with § 23, defamation of some

constitutional factors under section 24, popuzování according to § 26, abuse of Office

spiritual or other similar function under section 28, the illicit

arming pursuant to § 31, propagation of hoaxes under section 32, sabotage

under section 36 and 37, threatening any single economic plan of negligence

under section 38, prorady according to § 39, leaving the territory of the Republic

and the failure to call for his return under section 40, harming the interests of the

Kingdom abroad under section 41, the insult of an allied State pursuant to § 42

or incitement to crime and to non-compliance with legal obligations

According to § 33, approval of an offence under section 34, or nepřekažení

failure to notify the offence under section 35, committed in relation to the stated

crimes or přečinům;



(c)) under Act No. 86/1950 Coll., as amended by the laws to the changing and

additional, for crimes of high treason under section 78 para. 1, 2, para. 3

(a). b), c), (d)), e), pooling against the Republic under section 79 and section 80

paragraph. 1, para. 2 (a). (b)), pursuant to Section 79a of subversion, terror

According to § 80a paragraph. 4, 5, sedition against the Republic under § 81 para. 1 and

§ 82, sabotage under section 85, spying, pursuant to section 86 and 87, the threat

State secrets under section 88 to 92, act under section 93 and 94,

leaving the Republic according to § 95, endangering the interests of the Republic abroad

pursuant to section 96 and 97, a conspiracy to attack the constitutional factors under section 107,

violence against the constitutional factors under section 108, the reduction of the seriousness of the President

States pursuant to § 110, defamation of constitutional factors under section 111,

the threat to the economic and professional secrecy under section 112 to 114,

illicit manufacturing and possession of radio stations under section 122, abuse

religious functions under section 123, accused under section 124, defamation

an allied State pursuant to § 125, spreading hoaxes under section 127 and section

paragraph 128. 1, para. 2 (a). and), para. 3, hostile actions against the

Republic under § 129, scheming against nationalization pursuant to section 130, abuse

of ownership pursuant to section 133, threats to supply in accordance with § 134,

threats to the single economic plan under section 135 and 136, intrigue when

public supply and works under section 137, the threat to the planning and

monitoring the implementation of the plan referred to in section 138, the undermining of the supervision of churches and

religious societies under section 173 and 174 or favoritism based on §

163, nepřekažení of the offence under section 164, underreporting of crime

under section 165, association according to § 166, incitement, pursuant to section 167 and 168, or

approval of the criminal offence pursuant to section 169, committed in relation to the stated

criminal offences;



(d)) under Act No. 140/1961 Coll., as amended by the laws of it changing and

complementary, for the offences of subversion under § 92 para. 1,

paragraph. 2 (a). and Subversion), pursuant to section 98 para. 1, para. 2

(a). a), b), damage to the State of the World Socialist system under section

99 in relation to the offences referred to in § 92 para. 1, para. 2 (a). and) or

section 98, sedition under § 100 para. 1, 2, para. 3 (b). and) abuse

religious functions under section 101, the defamation of the Republic and its

representative under section 102 and 103, defamation of the State of the World Socialist

system and its representative pursuant to § 104, leaving the States under section

paragraph 109. 1, 2, para. 3 (b). a), b), c), harming the interests of the States in the

a foreign country pursuant to § 112, deprivation of things economic determination under section 116 paragraph.

1, 2, the threat of economic secrets pursuant to section 122, unauthorized

the management of the invention under section 123, the threat to professional secrecy under

§ 173, obstructing the supervision of churches and religious societies under section

178 or incitement, pursuant to section 164, the approval of an offence under section

165, 166, favouritism under § nepřekažení of the offence under section 167, and

failure to notify under section 168 of the criminal offence committed in respect of those

criminal offences;



e) under Act No. 150/1969 Coll. in the wording of the rules to changing and

additional, for offences against the interests of the socialist society in

the area of contact with foreign countries, pursuant to section 5 (b). b), c), against public policy

According to paragraph 6 (b). a) and (c)) or favoritism under section 12 in respect of those

přečinům;



(f)) under legal measures of the Bureau of the Federal Assembly no.

99/1969 Coll., for an offense under section 1,



(g)) under section 153, 155, 156 and 157 of the Criminal Code legal article about

crimes and transgressions dating from 1878, for the crimes of rebellion, committed in the

regard to the protection of religious freedom;



h) according to § 2 and 4 legal article XL in 1914 on the criminal protection of the

the authorities, for crimes committed in respect of clumping to protect

religious freedom,

as well as all other decisions in the same criminal matter to them substantively

follow-up shall be repealed as of the date it was issued.



(2) the decision as to whether and to what extent the person involved

rehabilitation, the Court's own motion. If the rehabilitation in accordance with

paragraph 1 only on one of the offences for which it was stored, the sum of the

or summary punishment by a court according to the mutual proportions of severity

punishment for offences from the rehabilitation of pristine or

the determination of an appropriate sentence. Otherwise, the prosecution stops.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect. If the decision was given in the main proceedings, as well as

all other decisions on them substantively connecting is cancelled in full

the range can only complain to the Prosecutor.



§ 3



(1) against a decision pursuant to § 2 (2). 2 can the Prosecutor within 60 days

from the date of its notification to submit objections, in particular if:



and deed, that is) covered by the decision, should be assessed under a different

the provisions to which the rehabilitation of the Act does not apply;



(b) to enforce the deed) fascist or similar objectives or

intend to cover up has been committed or facilitate another criminal offence or, in General,

to avoid liability for such acts;



c) deed resulted in death, severe damage to the health or harvest

large scale or;




(d)) to penalize the offence is or was the Czech and Slovak Federal

Republic is bound by an international agreement.

Objections may be raised in the complaint and the Prosecutor pursuant to § 2 (2). 3.



(2) the Prosecutor shall decide on objections by the Supreme Court of the Republic, in the

the area of military justice of the Supreme Court of CZECHOSLOVAKIA in a public meeting.

If the Court does not reject the opposition as unfounded, the contested decision by resolution of the

cancelled and the orders of the review procedure the matter pursuant to section of the third. This

decision replaces a proposal under section 5.



THE THIRD SECTION



Annulment of the decision in review



§ 4



The review procedure under this section may be held in matters in which it has been

in the time from 25. February 1948 to 1. January 1990 published condemning the judicial

the decision, which came into force for the other crimes, offences,

offenses or offenses not listed in § 2, committed after 5. May 1945



and) under Act No. 50/1923 Coll., as amended by the laws to the changing and

additional,



b) according to law No. 231/1948 Coll.



(c)) under title of the first and second section of the first head of the special part of the Act

No 86/1950 Coll., as amended by the laws to the changing and complementary,

the crime of his/her failure to service in the defence under section 265 and 266,

the evasion of duties under section 270, for the crime of defection

According to § 273 paragraph. 3 and for the crime of conspiracy to defection pursuant to § 275

paragraph. 2 (a). (b)) of the Act,



(d)) under title the first section of the first special part of the Act No. 88/1950

Coll., as amended by Act No. 102/1953 Sb, and for the offense to protect

single economic plan under section 39 and the protection policy in a

ecclesiastical matters pursuant to section 101 of the Act,



e) under title of the first of the special part of Act No. 140/1961 Coll., as amended by

legislation to changing and supplementing and further offences of failure to

tasks in the operation of the private economy under section 119, the attack on the State

authority and the authority of the social organizations in accordance with § 154 para. 2, attack

a public official pursuant to § 156 para. 2, obstructing the powers

a public official pursuant to § 156a, defamation of nation, race and conviction

under section 198 (a). (b)), the spread of virus hoaxes under section 199, non-runner

service in the armed forces under section 269 paragraph. 1 and under section 270 paragraph. 1,

avoidance of military service under § 280 para. 1, the defection to the

a foreign country pursuant to § 283 paragraph. 1, 2, and endangering the political and moral

the State of the unit in accordance with § 288 paragraph 2. 1 of the Act,



(f)) under the second section of the Act No. 19/1855 ř.z.



§ 5



(1) proceedings are initiated upon the proposal of the convicted person, his relatives in tribe of

direct, his siblings, adoptive parent, adopted child, spouse or companion

or on a proposal from the person whose rights or interests have been protected by the law

affected by a decision. If the convicted person is deprived of his legal

capacity or if his competence to perform legal acts is limited, the proposal

submit also his legal representative, even against the will of the convicted person.



(2) the application may be filed also the Prosecutor.



(3) the person who filed a proposal, it may take an explicit statement

back up until the Court removes the final consultation. A proposal from the

brought by another person (beneficiary) can be taken back only with the express

the consent of the convicted person (guardian). The Prosecutor may withdraw the

the proposal even without the consent of the convicted person.



(4) the Court becomes aware of its official activities the circumstances that could

to justify proceedings, he shall inform the convicted person, and

If this is not possible, another person qualified to submit a proposal, however, also

Prosecutor.



§ 6



(1) an application may be filed within two years from the effective date of this

the law. If a initiated the review proceeding only on the proposal of the Prosecutor and the

He took it back, the convicted person to submit an application no later than one

year from the date when he was informed of the withdrawal of the proposal.



(2) if the beneficiary Misses important reasons, time limit for submission of the proposal

at the opening of the procedure, it may request the return of the period of one month from

removal of the obstacles, but not later than within three years from the effective date of this

the law. Where the proceedings have not yet filed, it should be with

applications connect.



(3) the time limit for the return of the Court to which it is for the review to take place

control.



SECTION FOUR



Proceedings before the Court



§ 7



(1) the decision referred to in the second section and the review procedure referred to in

the third section is a relevant court that gave the judgment in the main proceedings in the

the first instance. If there is no longer this Court substantive jurisdiction decides

the Court, in whose district had its registered office the Court that gave the judgment in the main proceedings

in the first instance.



(2) in the case of the former State of the Court and the decision of the

the Supreme Court as the Court of first instance and the District Court shall examine the

If the convicted person under the jurisdiction of the military courts, the higher

a military court competent according to the law currently in force.



(3) the provisions of the code of criminal procedure on the jurisdiction of the single judge procedure shall take place

He pointed out.



§ 8



To exclude the bodies active in criminal proceedings is used now in force

regulations. Of the execution of the operations under this Act is further excluded

the judge who participated in the decision in the main proceedings. The same is

ousted Prosecutor who was active in the main proceedings.



§ 9



Decision pursuant to section of the second, unless otherwise provided, shall be the Court in

a private session. In the proposal referred to in the third section, the Court may

decide in closed session only to reject the proposal submitted by the

belatedly, or by an unauthorized person, or to reject an application, in the case

that has already been reviewed under this section, or to reject an application

in a case to which this Act does not apply. In other cases, the

the Court shall decide in a public meeting.



§ 10



(1) the participation of the Prosecutor is in the public and in the private session is mandatory.



(2) the public meeting must have the person's attorney.



(3) the convicted person must have a defence counsel even if it is unknown. Defense Attorney

has the same rights as convicted. In this case, just the document

deliver the defenders.



§ 11



Public meeting, of which the convicted person has been duly summoned, can also take place in

his absence, if it can be reliably decide the matter without the

participation. If you cannot deliver the notice to the person of the public session,

just deliver the defenders.



§ 12



(1) if the decision of the need to clarify some things in advance,

carry out the necessary investigation, President of the Chamber; It may also authorize another

a member of the Senate or the request of the public prosecutor, the investigating officer in the case of

individual acts of less severity, and other authorities. The defence counsel has the right to

take part in these operations.



(2) all bodies and organisations are obliged to provide

the Court or Prosecutor's Office immediately or to other authorities referred to in

paragraph 1 required the written material and comply with the other its addressed letters rogatory.

They can't yet rely on the obligation of the State, business or

economic secrets regarding the circumstances related to the original

proceedings.



section 13 of the



A witness in the examination procedure shall not apply the provisions of § 99

paragraph. 1 and 2 of the code of criminal procedure concerning the prohibition on questioning as to the circumstances

that is associated with the main proceedings. It does not apply to the questioning of a defense attorney.



§ 14



(1) if the Court finds in the review, that the decision is

defective especially since:



and was made on the basis of) incorrect findings, in particular that rested

about spurious or false evidence, or to the use of artificially

the constructed allegations



(b)) in the proceedings there was a gross breach of procedural rules, in particular to

forcing confessions by force or by other means,



c) deed, which is the subject of the conviction by the dictum was provoked,

organized or controlled by security authorities,



(d)) has been recognized as a criminal act in conflict with applicable law,



(e) the deed has been qualified by) a more stringent provisions than was

from the law,



(f)) kind of punishment was clearly contrary to its statutory purpose

or acreage of the sentence was clearly disproportionate to the degree of danger

crime to society,

cancels the decision in whole or in part, in which is defective.



(2) if the reason from which the Court decided in favour of the convicted person,

good for the next spoluodsouzenému, the Court always also in his

benefit.



(3) if the Court cancels the original decision referred to in paragraph 1 shall cancel at the same time

all other decisions on the original decision substantively connecting,

If due to the change to which the cancellation occurred, lost ground.



(4) if the Court does not detect reasons for the procedure under paragraph 1, the proposal as

nedůvodný will be rejected.



§ 15



(1) after the decision pursuant to § 14 para. 1, the Court continues to

the proceedings on the basis of the original indictment. In the main proceedings, the provisions of §

11 shall be used mutatis mutandis.



(2) the new judgment cannot be notified to impose more stringent penalty than what

He was saved by the original decision.



(3) If after the cancellation of faulty decisions to stop or interruption of the

a criminal prosecution, the convicted person or his legal representative within 15 days

the date on which he was notified of the decision, request that the proceedings

continued. For more control then applies, mutatis mutandis, to section 227 of criminal procedure.



section 16 of the




(1) proceedings shall not prevent the death of the convicted person. The prosecution cannot be after the cancellation

the initial decision to stop because the condemned died.



(2) If a court decision issued in the main proceedings, the time from

its legal power to force a cancellation of the decision to the limitation

time does not count.



§ 17



(1) on the way to court under this Act, with the exception of

decision pursuant to section of the sixth, with the provision of section 119 paragraph 1 shall be used. 1

the criminal procedure code.



(2) against the order of the Court to set aside the original decision on the proposal to

commencement of proceedings under this Act, as well as the resolution, which is now in the

case, you can file a complaint with respect to the resolution, in which the Court

shall be decided in the first instance.



(3) the judgment by which the Court decides the case in the first instance, you can

to lodge an appeal.



(4) The procedure for the appeal or complaint, the relevant provisions are used

the criminal procedure code.



section 18



The counting of the detention and imprisonment in the event that after the cancellation of the original

the decision is notified to the person finally saved the new punishment, shall be

the provisions of § 38 of the criminal code.



§ 19



(1) If a proposal to initiate the review procedure as completely nedůvodný

been rejected, is the one who submitted the proposal, shall be obliged to State to replace

costs of the proceedings, and that the flat-rate amount stipulated in a special

^ 1 of the code.)



(2) the obligation to compensation referred to in paragraph 1 does not affect the Prosecutor's.



(3) the costs of the defence shall be borne by State:



and in proceedings under section) 3,



(b) if the proposal) was found to be justified, at least in part



(c)), regardless of the outcome of the proceedings, if the Commission, acting on a proposal from the

Prosecutor.



THE FIFTH SECTION



The abolition of some other decision



section 20



If the decision announced in the main proceedings were declared by

the second section been repealed in their entirety, since such a decision was

review proceedings and indictment of the person's fully absolved, deleted

even the decision condemning it for an offence committed during the execution of a sentence

deprivation of liberty on the basis of the annulled decision odpykávaného or during

performance of the binding, which was preceded by such a decision, if it is not about performance,

that resulted in death, severe personal injury or damage to a large

the range.



section 21



(1) a decision under section 20 shall take on the proposal of the person referred to in § 5 para. 1 and

2 the Court that in the main proceedings decided in the first instance.



(2) a decision on the application shall fix, you can also do this in a private

meeting. The provisions of § 2 (2). 2 and § 17 shall apply mutatis mutandis.



section 22



Citizen whose design was in the review found reason to, or that

It is involved in the rehabilitation of the Act, shall be entitled to the replacement decision

the original judgment was published in an appropriate manner. On the method of publication of the

After hearing of the citizen decides, President of the Chamber. The costs associated

the publication shall be borne by the State.



§ 22a



(1) upon the motion of a person referred to in § 5 para. 1 and 2 decides that

rehabilitation shall also apply to the Act in section 2 (2). 1, for which he was

aggregate or summary punishment stored in connection with the offence to which the

rehabilitation pursuant to § 2 (2). 1 apply, unless the Act referred to in §

3 (2). 1 (b). b), c) and (d)), except in cases of extreme emergency or necessary

Defense and



and this Act) is directly related to the crime subject to rehabilitation, or



(b)) was committed to the defense of his own life or freedom in the activities

subject to rehabilitation according to § 2 (2). 1,

provided that the convicted for the reason referred to in § 1. In this

the case of conviction, the Court shall cancel and the prosecution stops and

in respect of this offence; otherwise, the proposal will be rejected. The provisions of § 5

paragraph. 3 shall apply mutatis mutandis.



(2) for filing a complaint or objection to the decision referred to in paragraph 1

the provisions of § 2 (2). 3 and § 3 (1). 1 and 2 shall apply mutatis mutandis.



section 22b



(1) on the request of the person referred to in § 5 para. 1 or the Prosecutor's Court

of rehabilitation according to § 22a para. 1 in cases where pursuant to section 2

paragraph. 2 of the rehabilitation of a final decision. In this case, and

the decision on the determination of the appropriate penalty under section 2 (2). 2.



(2) the application referred to in paragraph 1 must be made within one year of the effectiveness of the

of this Act; However, at the latest within one year from the final

decision according to § 2 (2). 2. If the Prosecutor Agrees with the fact that the

used § 22a para. 1, the Court in private session; otherwise,

shall act in the public meeting.



THE SIXTH SECTION



Compensation



Article 23 of the



(1) a claim for compensation shall in particular include:



a) compensation for loss of earnings for each month for the binding and imprisonment

deprivation of liberty in the amount of 2 500 Czech Crowns, if damaged, have been

instead of the refund granted compensation for loss of earnings for a period of

detention and imprisonment according to the General regulations,



b) compensation for personal injury, which occurred in the context of a binding or

performance of imprisonment, if the refund is not based on

other regulations



(c)) to pay the costs of the criminal proceedings in the amount of 200 Czech Crowns, remand in

the amount of 600 Czech Crowns for each month of detention and imprisonment in

the amount of 150 Czech Crowns for each month of the sentence, if requested,

You must have been a place of such refunds granted compensation actually paid

costs,



(d) reimbursement of the cost of defence paid) in the original criminal proceedings,



e) replacement of a financial penalty, or the aggregate of the deductions made

of remuneration for the work of the detention remedy.



(2) a special law modifies the terms of claims arising from the

cancelled the penalty of confiscation, forfeiture or

prevents things, as well as the method of compensation and the extent of these claims.



(3) Compensation shall be granted in full only if the

condemning the Court decision completely revoked pursuant to section of the second or

the fifth, or such a decision was entirely repealed by section of the third

and acquitted. If there is only a partial change in

the conviction by a court decision, the compensation shall be provided only

taking into account the difference between the penalties provided on the basis of the original judgment

and set out appropriate penalties or sanctions newly imposed.



(4) for the manner and extent of compensation for loss of earnings and damages on

health, the provisions of the civil code;



and) the average earnings from damage "means the average wage at the time of

before you begin criminal prosecution,



b) compensation for loss of earnings for the period of detention and imprisonment

freedom must not exceed 30 000 Czech Crowns per year.



(5) compensation not exceeding 30 000 Czech Crowns will be paid in cash. For refunds

exceeding this amount shall be paid 20% of the compensation awarded, at least

However, 30,000 Czech Crowns in cash; the rest is in zúročitelných State

bonds payable no later than the end of 1995.



(6) the Government of the Czech and Slovak Federal Republic shall establish by regulation



and the conditions and the method for determining) the amount of compensation for loss of earnings

because of the changes that have occurred in the development of wage levels,



(b)) for the implementation of details the provisions of paragraph 5, in particular the range of emission

Government bonds, conditions of their granting and repayment and peace

of the interest rate.



section 24



(1) in the application of entitlements referred to in section 23, 26 and 27 shall follow the procedure referred to in

Act No. 58/1969 Coll. on liability for damage caused by a decision of the

authority of the State or by its incorrect official procedure.



(2) the Claim must be filed with the Court within a period of three years from the legal force

zprošťujícího a decision or the decision of conviction by less

the sentence or decision by which the criminal prosecution was stopped; otherwise,

the claim expires. For the previous discussion of the claim under section 9 of the Act

No. 58/1969 Coll., but no longer than six months, the time limit for

the claim is not running.



§ 25



(1) for the purposes of pension benefits is binding time and imprisonment

deprivation of liberty, which has been damaged by this act completely

acquitted, be treated as a period of continuing employment

(work), which took place before the withdrawal of the damaged bindings (onset

penalty), according to the regulations on social security. The same shall be assessed

part of the time of the sentence, after which he was sentence unduly,

If, under this Act, shall cancel the conviction only in part.



(2) If a damaged at the time of the illegal imprisonment performed

work that would justify inclusion in employment to i. (II.)

category, assessing the performance of these works as both the business performance.

(II) the working category.



(3) the provisions of paragraph 1 shall apply mutatis mutandis for the reckoning of time, after which the

damaged as a result of imprisonment could not perform after his release

employment (work); When calculating the average monthly earnings

(labour remuneration) does not look for this time, and if it is damaged

more favourable, or the period during which he could not carry out its earlier

employment (work).



(4) for the payment of benefits improperly assessed due to the binding or the performance of

sentence shall not apply the provisions of § 95 para. 2 of the Act No. 100/1988 Coll., on

the three-year period, in which you can increase the dose or admit.



(5) the period of custody, the sentence or the period during which the corrupted as a result of

the sentence upon his release could not accept employment (work


activity), for the creation and the amount of the claims due from the employment relationship and

sickness insurance as a credit equal to the duration of the employment relationship.



(6) the provisions of the preceding paragraphs applies even in the case that the decision of the

declared in the main proceedings was repealed in its entirety under section

the second or fifth.



(7) the injured party may claim to have been the place claims resulting from

the provisions of the previous paragraphs provided monthly supplements to retirement

in the amount of:



and) 20 Czech Crowns for each month of detention and imprisonment, in the

which the injured party was held the work for especially difficult working conditions,

that would justify their assessment as a job i. or II.

work category,



(b)) 15 Czech Crowns for each month of detention and imprisonment in

other cases.

The supplement to the pension is granted from 1 January 2003. 7.1990, if it was corrupted to

This day the pensioner. If it becomes damaged beneficiary

retired after that date, the supplement to the income from the award

the pension. The supplement to the pension is paid only up to an amount which, together with the

income does not exceed the maximum retirement pension provided for assessment

a special regulation. ^ 2)



(8) the provisions of paragraphs 1, 2, 3, 6 and 7 shall apply mutatis mutandis for the adjustment

the amount of the pensions, which have been inflicted in the widow's and orphan's pension, and for

grant of the supplements to these pensions. The amount of the supplement to the widower's

the pension amounts to 60%, to the child's income, in the case of double-sided orphaned

child 50% and in the case of a child beneficiary 30% of the amounts

laid down in paragraph 7.



(9) the amount referred to in paragraph 8 shall be adjusted with effect from 1 January. 7.

1990 those survivors, who to this day have been beneficiaries of the widow's or

orphan's pension. If the surviving widow or beneficiary

orphan's pension after that date, the amount of the pension shall be adjusted until its

a confession. Similarly, even when providing supplements to retirement

in accordance with paragraph 8.



section 26



The right to claim compensation shall pass to the heirs of the victim when they

children, husband, parents, and if not, siblings, with the exception of claims,

that under the Civil Code shall cease with the death of the injured party.



section 27 of the



If the rehabilitation of the injured party, to which the death penalty has been executed

or who died in detention, imprisonment or for a

unlawful deprivation of liberty in connection with the offences referred to in paragraph 1,

It belongs to the beneficiaries in addition to claims that were transferred to them under section 26,

one-time compensation in the amount of 100 000 Czech Crowns. the claim for payment of the

the amount is the person to whom the deceased provided for or was obliged to provide

nutrition. If there is more than one person, the claim shall be the amount

between them equally.



section 28



Court proceedings for compensation under this Act, shall be exempt from

court fees.



THE SEVENTH SECTION



Limitation of prosecution



section 29



If in the course of proceedings under this Act, made it clear that the conduct of persons,

that involve illegality napravované this Act or to the

contributed, is suspected of an offence, the offence of the day

entry into force of this Act ceased to exist, the period of limitation promlčením

such an act will not end before 1. before 1 January 1995.



THE EIGHTH SECTION



Transitional and final provisions



section 30



(1) Proposals for the renewal of proceedings and complaints for violation of the Act, filed the

the matters referred to in paragraph 4, which was the entry into force of this

the law decided to advance the review procedure the court competent

According to the fourth section of this Act. The same applies to pending

complaints to the complaints for violation of the law, if it came from the people

authorized pursuant to section 5 of the commencement of the review procedure. The proposal for the

a retrial or a complaint for violation of the law, filed in matters

referred to in § 2 (2). 2, which was not to the effectiveness of this law

decided to consider a request submitted pursuant to § 22a.



(2) in other cases than those referred to in this Act, the General

the Prosecutor is obliged to lodge a complaint for violation of the law, if

review finds that a violation of the law has occurred for reasons mentioned in section

1. This procedure does not preclude the fact that the Supreme Court decided to

complaint for violation of the law.



(3) the compensation shall apply mutatis mutandis the provisions of section of the sixth of this

the law.



section 31



Review procedures in the matters referred to in paragraph 4 does not preclude the fact that

the Supreme Court has already decided the matter to a complaint for a breach of the law.



§ 32



The procedure according to the section of the second or the request for the initiation of an examination

proceedings under this Act, does not preclude the fact that a similar proposal has already

in the same case, the Court ruled according to law No. 84/1968 Coll.



§ 33



(1) If criminal proceedings for any of the offences referred to in § 2 and 4

stopped or interrupted, the persons referred to in § 5 para. 1 request

that prosecution was continued. Application can be filed within two years

from the effectiveness of this Act.



(2) the provisions of this Act shall apply mutatis mutandis to the rehabilitation and

compensation of persons unlawfully deprived of liberty or property in

the context of the offences referred to in § 2 and 4 from 25. 2.

1948 to 1. 1.1990, though there was no prosecution, if

There has been no full compensation under the previously applicable legislation. The provisions of §

27 shall apply mutatis mutandis.



(3) If the nature of the case requires otherwise, means the inmates are also

the accused and the accused. In proceedings under section of the sixth is doomed

referred to as the corrupted.



(4) If the law does not have specific provisions shall apply to the proceedings

According to the section of the second to the fifth of the provisions of the code of criminal procedure.



§ 34



The provisions of section of the sixth of this Act shall apply mutatis mutandis also in

where, in cases covered by section of the second, third and

the fifth of this law, the judgment was cancelled in whole or in part of the day

the effectiveness of this law on the basis of extraordinary appeal

Filed under the code of criminal procedure or under Act No. 82/1968 Coll., on

judicial rehabilitation as amended by Act No. 70/1970 Coll. entitled to compensation

to be applied to the 1. March 1993, otherwise ceases to exist.



§ 35



Act No. 84/1968 Coll., on the judicial rehabilitation as amended by law

No 70/1970 Sb.



section 36



This Act shall take effect on 1 January 2000. July 1990.



Havel v.r.



DUBČEK v.r.



Čalfa v.r.



1) Ministry of Justice Decree No. 66/1980 Coll., which

provides for a flat-rate amount of the costs of criminal proceedings.



Decree of the Ministry of Justice, SSR no 70/1980 Coll., which

provides for a flat-rate amount of the costs of criminal proceedings.



2) § 24 para. 4 Act No. 100/1988 Coll., on social security.