of 23 December 2003. April 1990
on judicial rehabilitation
Change: 47/1991 Coll.
Change: 633/1992 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
THE FIRST SECTION
The purpose of the law
(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.
Annulment of the decision of the law
(1) the Final condemning judgment in time from 25.
February 1948 to 1. January 1990, concerning acts committed after 5. may
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
(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
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
(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
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.
(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
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
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.
(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
(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
(3) the time limit for the return of the Court to which it is for the review to take place
Proceedings before the Court
(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.
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.
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.
(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.
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.
(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
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.
(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
(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.
(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.
(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.
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.
(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
THE FIFTH SECTION
The abolition of some other decision
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
(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.
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.
(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
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.
(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
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
(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
(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.
(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.
(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
(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.
(b)) 15 Czech Crowns for each month of detention and imprisonment in
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.
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.
Court proceedings for compensation under this Act, shall be exempt from
THE SEVENTH SECTION
Limitation of prosecution
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
(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
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.
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.
(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.
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.
Act No. 84/1968 Coll., on the judicial rehabilitation as amended by law
No 70/1970 Sb.
This Act shall take effect on 1 January 2000. July 1990.
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.