Minister of the Interior from June 27. July 1945 on the validity of the Constitutional Decree
President of the Republic of 3. August 1944, no. 11 Oj. p. 1. CSL.
restoring the legal order
Modified: 12/1946 Sb.
Change: 57/1946 Sb.
Change: 72/1946 Sb.
Pursuant to § 2 of the Constitutional Decree of the President dated 23. June
1945, no. 22 of Coll., on the publication of legislation, issued outside the territory
the Czechoslovak Republic, I declare:
According to the resolution of the Government of the Republic of Czechoslovakia of 27 June. July 1945
remains the constitutional President of the Republic Decree of 3 May. August 1944, no. 11
OJ. p. 1. CSL, on restoring the legal order in force, applies so far
only in the countries of the Czech and Moravian-Silesian, and shall enter into force on 5 February 2000. may
1945, but with the exception of:
and the provisions of article). 2 (2). 1 the second sentence, as regards the provisions of law
personal and family, which shall take effect three months after the beginning of the
the effectiveness of this Ordinance,
(b)) the provisions of article. 3 the second part of the sentence, which becomes effective the 15th
on the day after the beginning of the effectiveness of this order, and
(c)) the provisions of article. 6 and article. 9. 2 and 3, if it is not a court
decisions in criminal matters, which will be established effective
Constitutional Decree No. 11/1944, p.1 p. 1. CSL. shall be published in the annex.
This Decree shall take effect on the date of publication.
Nosek in r.
President of the Republic of 3. August 1944, no. 11 Oj. p. 1. CSL. about
Restore legal order ^ *)
On the proposal of the Government, and after hearing the State Council establishes:
Title I Of The
About the General legal standards
The first section
Of the provisions of domestic
(1) the constitutional and other legal provisions of the Czechoslovak State, issued to
on September 29, 1938, including, come from the free will of the Czechoslovak people
and the Czechoslovak legal system.
(2) the regulations issued in the area of this order at a time when the Czechoslovak
people were deprived of their liberty (the time of Nazi occupation) are not part of the
the Czechoslovak legal system. The period of oppression is the time from 30 July 2004.
September 1938 until a date to be determined by government regulation.
(1) the will of the legislature is the Czechoslovak completely transitional
times continue to battle Dragons of the provisions referred to in paragraph 2 of article 1
those that aren't in the text or to democratic principles
the Czechoslovak Constitution (Constitutional Charter, its components and the laws it
changing and supplementary, issued to 29. September 1938). Absolutely, however, are
excluded from the application of provisions from the oppression of the disciplines of the law
the criminal, criminal-court proceedings, the rights of personal and family law.
(2) the law will be made as of the end of the transitional period referred to in paragraph 1. 1.
Court or administrative office, addressing a specific legal case, decides whether a prescription
from the time of oppression complies with the provisions of article 2, paragraph 1; in doing so, must
model reference number, the reasons for its decision on the preliminary question.
The Government is empowered to, until the National Assembly doesn't matter, its
regulations použivatelnost regulations from the oppression of the regionally spread
The second section
On the legislation of foreign State
(1) Constitutional Decree of the President of the Republic of 21 March. July 1940
the establishment of the State Council as the Advisory Council of the provisional Government the establishment of a
Czechoslovak Republic (number 1 of the official journal of the Czechoslovak,
published by in London from day 4. December 1940) and constitutional decree
President of the Republic dated March 15. October 1940 the provisional performance can
Legislative (the number 2 Official Journal of Czechoslovak), as well as
all other decrees of the President of the Republic, issued pursuant to paragraph 2
Decree No. 2/1940, shall not affect the provision of article 1 paragraph 2
This constitutional decree, however, are subject to the regulations, together with the according to
Article 4 of the additional approval of the respective constitutional factors
(ratihabici). ^ 1)
(2) the decrees of the President of the Republic, issued under section 2 of the constitutional
Decree No. 2/1940, when, according to their content shorter,
more shall cease to have effect six months after the day on which the meeting of the national
the Assembly, unless previously cancelled or changed, or as
laws of usneseny and published again. ^ 2)
(3) the decrees of the President of the Republic, Also designated as constitutional, including this
Constitutional Decree, may be cancelled or changed just by law.
This regulation, however, is not in any way affect the provisions of article I of the Act,
establishing the Constitutional Charter number is prefixed by 121/1920, as regards the constitutional
laws issued to 29. September 1938.
(4) of the regulation, issued by the President of the Republic abroad under section
64 paragraph 1 No. 10 of the Constitutional Charter and the Government under section 55 of the constitutional
of the Charter, are not law article 1, paragraph 2.
Of the decisions of the courts and administrative offices
The first section
General provisions of the decisions of the courts and administrative offices
(1) all decisions of the courts and the valid and the public administration, which was
released at a time of oppression, even if general provisions from time to
on September 29, 1938, including so do not allow, at the request of the parties or zrušiti
change in the following cases:
and) if issued under the regulations to which the content is contrary to the wording of the
or the democratic principles of the Czechoslovak Constitution (article 2, paragraph 1),
(b) if) to target the Czechoslovak law prohibited. Because of here
that can be zrušiti or to change decision, issued at the time of oppression,
also, in cases where the decision was made without a legal prescription,
(c)) if the side for an extraordinary period of oppression is prevented or ratios
dostaviti is difficult to control or to produce such evidence, or if made
pressure on persons participating in the proceedings.
(2) the provisions of paragraph 1, point (a). a) and b) do not apply to the decision,
relating to public benefits, public credit and the organisational
measures in the field of finance.
(3) on the ground that the persons participating in the proceedings was accompanied by coercion, can be
referred to in paragraph 1, point (a). (c)) zrušiti or change a decision, issued in
the time of oppression, in cases where it has not been decided when the law or so,
How would have been decided at the time of freedom according to established practice,
and with the party or) because a person close to her was mistreated, or
that they have suffered the injury on the body, freedom, honor, property or earnings
or that they have been such an injury pohrozeno and the party for that reason and for
ratios from the time of oppression could not properly not their interests, or
(b)) because the witness or expert to whom or to which the person was in
in proceedings held such pressure, did not file for that reason, and for the time ratios
oppression of the correct or complete testimony or opinion, or
(c)) because the judge or officer who carried out the procedure or taken a
the decision, acted under such duress or has acted in accordance with the staff regulations
instruction or as instructed by the occupation authority.
(4) if such decision (paragraph 1) issued the administrative offices, can be
is zrušiti or change even ex officio.
(5) a party may repeal or amend the navrhnouti decision referred to in paragraph
1 lit. and, (b), (c) not later than 17. June 1949. In the same period, the Board must
Office of the oznámiti parties that introduced the management, in order to modify or repeal
ex officio decision referred to in paragraph 2 of this article.
(1) article 6 shall not apply to the official decisions of the organs of State
Foreign and about field courts, set up under a decree
President of the Republic of 26 October. October 1940 about Czechoslovak field
Courts Act No. 5 of the official journal of the Czechoslovak.
(2) the time limit for making a complaint to the Supreme Administrative Court on the decision
administrative offices of foreign State (section 14 of the Act on
Chief administrative judge in the text of the annex to law No. 164/1937), the time limit
to access to redress in the enacting terms of those offices of private law
claims procedure (section 2 of the Act, which shall be carried out under article 105 of the constitutional
of the Charter no 217/1925) and the limit for a request that was filed for
the extraordinary recovery of the field of criminal proceedings (section 483 of the military
Code of criminal procedure as amended by the law on criminal proceedings of the military field no.
115/1937), begins one year after the date on which the period of the Nazi occupation.
(1) Government regulation can be simplified in the applicable rules of procedure
administrative offices, if there is battle dragons in proceedings for revocation or
change the decision of the public authority referred to in article 6.
(2) similar provisions for the control of the Court of law will be issued.
The law will be established, in particular, in which cases the Court can the applicants
(the claimant) to entrust the possession of movable property or in possession of things it beheld
real estate property before the decision on the merits, even if they are not met
General conditions for the authorisation of distraint or provisional measures.
The second section
Specific rules concerning criminal judgments and findings
(1) the criminal judgments and findings apply, excluding the provisions in
the previous section contained, even provisions of this section.
(2) since the beginning of the judgments of the Court are nothing criminal and criminal findings
the Board, which were issued at the time of oppression, which was recognized by the
guilty and sentenced for an offence that is not punishable according to the Czechoslovak
rights. The Court (Office), moved similarly rules on retrial, pronounced
the smallness of a resolution. The provisions of this paragraph shall apply in respect of
the criminal findings administrative, only in cases where the criminal offence was committed
mainly due to the fact that the perpetrator has contributed to the liberation of
Czechoslovak Republic, or to persons who helped themselves or
whose relatives were persekvovány for reasons of national, racial,
or political or that such persecution.
(3) if someone at the same time found guilty by deed, which is a criminal
According to Czechoslovak law, if it was, however, sentenced to a tighter
punishment than the law is of Czechoslovakian stores about punishment from the power
official or draft change to match the Czechoslovakian law.
The provisions of this paragraph shall not apply to criminal findings to the Board.
(4) if the occupier Committed or person cooperating with him at the same time act
that is a crime according to the Czechoslovak law, and was relieved to
the indictment for this offence, or if he was liable to a penalty of less than stores
Czechoslovak law, i.e. the judgment on the proposal of the public prosecutor zrušiti
and make a new criminal proceedings.
(1) if at the time of oppression someone convicted of a criminal court or
the Administrative Office for the deed, according to the crime of Czechoslovak law, i.e.
conviction (find) to the design of zrušiti, if the Act was committed with a
the intention of the perpetrator to contributed to the liberation of Czechoslovakia.
(2) the Court shall decide on the proposal (the authority), shall apply mutatis mutandis the provisions on signal reconstruction
(1) if they are certified by the circumstances which justify the proposal that was
uttered by the smallness of conviction (the finding) pursuant to article 9
paragraph 2, or the application for annulment of the judgment of the (finding) pursuant to article 10,
the convicted person is immediately propustiti.
(2) the same shall apply in the cases of article 9, paragraph 3, if it is certified that the
the current sentence is punishment odpykán that stores the Czechoslovak
(3) the public prosecutor's Office, becomes aware of circumstances which may in favour of the proposal
the convicted person is obliged to immediately odůvodniti, administer the proposal itself.
Reservation of specific rules
The law specifically determines how the odčiněny damages caused by the result of
in exceptional circumstances the period of oppression and how they will be governed by the cases in
where it is not possible, or in the interest of economic and social renewal is not
useful, get to the original state.
The courts and offices set up in the time of oppression
(1) the Government shall determine, by regulation, that of the courts and administrative authorities,
established at the time of oppression, and to what extent, temporarily officiate.
(2) the writings of the courts and administrative offices, established in the time of Nazi occupation to the performance
judiciary and public administration in the territory of the Czechoslovak Republic, which
decision has been made under the preceding paragraph, i.e. without delay
they fell for the Court or the authority for the cause locally and factually
Title V Of The
The final regulations
(1) this Constitutional Decree becomes valid day of its publication and shall apply so far
only in the countries of the Czech and Moravian-Silesian.
(2) the Government shall be empowered to establish by regulation, that the provisions of this
Constitutional Decree including the provisions are also applicable in the Slovak Republic.
(2) this Constitutional Decree shall carry out all members of the Government.
*) Published in the year. In no. 3 Official Journal of Czechoslovak,
issued at London on 14. in November 1944.
1) Ratihabice implemented with effect from 3. April 1946 constitutional law
No 57/1946 Sb.
2) to znovuvyhlášení there is constitutional law No 57/1946 Sb.