On The Validity Of The Institute. Decree Of The President About How To Restore The Legal Order

Original Language Title: o platnosti ústav. dekretu presidenta o obnovení právního pořádku

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=11788&nr=30~2F1945~20Sb.II&ft=txt

30/1945 Coll.



DECREE



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:



Article. (I)



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

in particular.



Article. (II)



Constitutional Decree No. 11/1944, p.1 p. 1. CSL. shall be published in the annex.



Article. (III)



This Decree shall take effect on the date of publication.



Nosek in r.



Annex



Constitutional Decree



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



Article 1



(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.



Article 2



(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.



Article 3



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.



Article 4



The Government is empowered to, until the National Assembly doesn't matter, its

regulations použivatelnost regulations from the oppression of the regionally spread

or cancelled.



The second section



On the legislation of foreign State



Article 5



(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.



Title II



Of the decisions of the courts and administrative offices



The first section



General provisions of the decisions of the courts and administrative offices



Article 6



(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.



Article 7



(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.



Article 8



(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



Article 9



(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.



Article 10



(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

control.



Article 11



(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

the right.



(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.



Title III



Reservation of specific rules



Article 12



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.



Title IV



The courts and offices set up in the time of oppression



Article 13



(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

the competent.



Title V Of The



The final regulations



Article 14



(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.