A Review Of The Activities Of The Commissions For The Breathing Public Official. Employees

Original Language Title: o očistných komisích pro přezkoumání činnosti veř. zaměstnanců

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=12000&nr=105~2F1945~20Sb.&ft=txt

105/1945 Coll.



The DECREE of the



the President of the Republic of



from day 4. October 1945



a review of the activities of the commissions for the cleansing of public employees



Change: 130/1946 Sb.



Change: 247/1946 Sb.



On the proposal of the Government, and in agreement with the Slovak National Council designate:



§ 1



Personal scope



(1) the provisions of this Decree, if of paragraphs 3 to 5 does not imply

something else,



And for staff in active employment



and the State)



(b) volumes of local and regional authorities), as well as other public bodies, and

the Foundation,



c) institutes, companies, funds and facilities, which belong to the bodies referred to

under subparagraph (a). and (b)) and are managed by them) or,



(d)) which are covered by the law of 24 December 2002. in June 1926, no. 104 Sb.

(tutorial law),



regardless of whether they are in the staff (working) relationship

public or private (contract);



(B) the recipient of the public. odpočivných or zaopatřovacích salaries

(Commission salaries) or čekatelného; further donations and Board of pardons

and odpočivných (zaopatřovacích) salaries allowed discretion,

If these persons are Czech, Slovak or other Slavic nationalities.



(2) Where the decree is used in other provisions, the words the employee,

means, unless expressly otherwise provided, a person referred to in

paragraph 1. Where in this Decree talks about public odpočivných

or zaopatřovacích salaries or odpočivných (zaopatřovacích)

salaries, means by, in particular, whether or not any provident benefits

(particulars) provided under the military zaopatřovacích laws.



(3) For judicial officials, the provisions of §§ 2 and 3 and also section

15 paragraph. 6, section 23, paragraph. 1 and § 24, whether in active service or in

retired. In the other applies for them, in particular as regards the management,

the provisions of the Act of 21 December. in May 1868, no. 46 l. from the Disciplinary Chamber for.

the Supreme Court and the Supreme Administrative Court can, however, also be folded

of the five members of the Court, which shall elect the members of the plenary Assembly of the Court, in particular

then, if the composition of this Chamber would be according to the rules in this direction

the applicable associated with difficulty. Elected are those who have received a relatively

most of the votes. In the same way, 5 alternates. The Senate is chaired by the

the most senior member. Alternate members of the Board for the members of the Senate, who shall

the negotiations cannot be zúčastniti, according to the service order. The result of the

the preliminary investigation under section 15(2). 6 may be used only if the

the judge made the investigation (the Court). The judges, who have made

the preliminary investigation, they cannot be members of the Senate elected by the

the previous paragraph.



(4) the provisions of this Decree shall not apply to the military gážisty of the

the profession.



(5) the procedure for the review of the activities of the employees of holders of public service

social insurance shall be adjusted according to the precedent of this Decree the Special

regulations on the establishment of the Commission for these employee wash your hands. The order of this

requires approval by the Ministry of labour and social welfare protection.



§ 2



Stihatelná activity



(1) an employee who, at the time of Nazi occupation violated the loyalty towards the

Czechoslovak Republic, or Czech or Slovak nation

or committed against the national honor, or against the obligations of the

national cohesion to those nationals of the Czech or the Slovak nation,

It is a service offence and punishable with-without prejudice to the prosecution

-under the provisions of this Decree.



(2) for the activities referred to in paragraph 1 shall in particular:



and log on to the German) or Hungarian nationality,



(b) the political cooperation with the Germans) or Hungarians (such as membership in the flag,

Rodobraně, the Hlinka guard Combat sections, on the takeover and the zealous

the execution of the function in the Association for cooperation with the Germans, the Czech League against

Bolshevism, the Curatorium for the education of youth in the Slovak, Czech, Hlinkově

ludové side, Hlinkově guard, Hlinkově youth, Germany-Slovakia

the company and other fascist organisations of similar nature, which

the purpose was to šířiti the Nazi ideology and udržovati power

Germans, Hungarians and Czech and Slovak traitors),



(c) promoting, defending), talking or support of Nazism, fascism

or anti-Semitism,



(d) the approval, support or) advocacy speeches of the Nazis, fascists and

the Czech or Slovak traitors,



(e) to support collaboration with the Germans), Hungarians and Czech or Slovak

traitors, exceeding the limits of the average performance (proactive and ordered

mimoslužební proposals, statements to increase the working efficiency, etc.),



f) applying for promotions, medals, rewards and other benefits for

German or Hungarian authorities and officials (eg. Heydrich's

recovery actions),



g) abuse the supervisor to obtain or security

personal benefit at the expense of the child,



h) social mimoslužební contact with the Germans or Hungarians (on hunts,

social parties, etc.),



ch) the provision the occupiers or the provision of or úplat the procurement of other

benefits, contributions in kind, etc. to achieve a personal benefit in the Office



I) folding tests in German (Hungarian) schools, registration

(sending) of children under 18 years of age into German (Hungarian) schools



j) all other cooperation with the occupiers aimed at strengthening or

fastening of the okupantského mode.



§ 3



Penalties



(1) for the activities referred to in section 2 (2). punishing the guilty employees 1

According to the gravity and to the degree of misconduct fell:



And if they are in active employment,



1. a warning,



2. exclusion from the procedure in the higher degrees in a (higher adjuta,

pay or wage classification) for a maximum period of three years,



3. reduction in (the corresponding part of the salary) for a maximum period of three

years and a maximum of 50%,



4. fold (constant odvelením), the other a business location; to sharpen the

This sentence with him can spojiti exclusion from the procedure in the higher

degrees in (a higher salary or wage adjuta, zařadění),

or decrease in (part of the salary corresponding to him) by analogy with the

the provisions under no. 2 and 3. Reimbursement of removal expenses or other

refunds associated with the transfer, it is not for



5. fold into their temporary or permanent; with this measure, the

may spojiti permanent or temporary reduction of odpočivných (zaopatřovacích)

salary, to a maximum of 50%,



6. release of service (work); This release is considered

resulting in the loss of the staff and the location of all claims and odpočivných

zaopatřovacích for the employee and his family members;



(B) if the recipients.



and) public odpočivných (zaopatřovacích) salaries, or čekatelného



1. a warning,



2. temporary or permanent reduction in salary or odpočivných čekatelného

a maximum of 50%,



3. the temporary or permanent by withholding salaries or čekatelného, odpočivných



4. the loss of all rights arising from the service and all claims

on odpočivné (provident) salaries (čekatelné) for the employee and his

members of the family,



(b)) public zaopatřovacích salaries (widows ' and orphans ' pensions,

contributions to education), gifts and pensions from the grace and odpočivných

(zaopatřovacích) salaries, allowed discretion, sentences appropriately

According to the provisions of subparagraph (a). and) No. 2 and 3.



(2) the period for which the penalty provided for in paragraph 1, and, no. 2, 3 and 4,

not to pay (payroll) procedure, and after this time is

ruled out the appointment of a staff member.



(3) if the release of the employee referred to in paragraph 1 (b). And, no 6

results in a proven threat to the nutrition of his or his family

Members can be postupovati Similarly, pursuant to section 98 of the Act of 25 June.

in January 1914, no. 15, r. z. (business pragmatics), and similar regulations.

The same shall apply mutatis mutandis for the recipient odpočivných (zaopatřovacích)

the salaries.



(4) for the assessment of the question whether the postupovati referred to in paragraph 1 (b).

Or (B) is a critical condition that is at the time of sentencing.



(5) If a recognized on any of the penalties referred to in paragraph 1, point (a).

And), no 3 to 6, or (b). (B)), and), no 2 to 4, or (b). (b)), may be

military persons withdrawn military rank of the administrative measures of the Minister

the national defense. For majors and podplukovníků can perform withdrawal of military

ranks only with the consent of Government, for colonels and generals only

the consent of the President of the Republic. Withdraw the military rank of non-commissioned officers

from the Minister of national defence the Chief.



§ 4



The establishment of the jurisdiction of the Commission and cleansing



(1) to perform the procedure under this Decree shall be established:



1. cleansing of the Commission for public employees (in the next just cathartic Commission)

When the district national committees at the headquarters of the regional courts, with the exception of

Prague and Brno, where the setting up of national committees in the land; in

Bratislava, a cleansing of the Commission when the authority that determines the Slovak

the National Council, and in Moravská Ostrava in Moravia-Silesia expozituře

Regional National Committee,



2. the Chief of the Commission for a cathartic public employees (in another only the top

the cleansing of the Commission) for the constituency of countries the Czech and Moravian-Silesian in the Ministry of

of the Interior in Prague and Slovakia for the circuit in the Slovak national pověřenictvu

the Council for the internal affairs in Bratislava.



(2) the National Commission in the district Reformatory Committee is stíhati
staff in active employment, who had a day 5. in May 1945 his official

location in the circuit of the competent regional court, and recipient of the odpočivných

(zaopatřovacích) salaries (salaries Commission, čekatelného), who had

This judicial circuit in that day their permanent residence.



(3) the National Commission in the Cathartic provincial committees is the responsibility of stíhati

staff in active employment, who had a day 5. in May 1945 the permanent official

location in the circuit of the regional court at the seat of the competent provincial

the National Committee, and recipient of the odpočivných (zaopatřovacích) salaries

(Commission salaries, čekatelného), who were in this judicial circuit in

that day their permanent residence.



(4) where it is shown that the need, the Minister of the Interior Decree,

published in collection of laws and regulation, and the Commission in the zříditi cleansing

another place and plays her regional circuit.



(5) the Commission is competent in a cathartic, even if committed if the accused

He laid blame for wrongdoing in another former prison service

or even before entering the service, possibly a confession

zaopatřovacích salaries.



(6) the High Commission of appeal decide as cathartic bowel movements and in disputes

about the jurisdiction between the various očistnými committees.



(7) the substantive needs cleansing (upper breathing) the Commission shall supplement and

Office work can be done by the authorities, for which they are established. These authorities

It also pays the costs of the proceedings, if the refund does not save the accused (para.

20 (2). 3. these offices shall designate) also of officials assigned or to them

the purpose of the proceedings before the Registrar ordered for očistnými boards.

The writer applies, mutatis mutandis, the provisions of section 9 (2). 3.



§ 5



The composition of the breathing of the Commission



(1) the Commission and the high Spiritual cleansing and usnášejí, the Commission shall act in

Chambers, consisting of the President of the Commission or his Deputy the cleansing

and two lay judges. When the composition is dbáti to the President and

one member of the law was knowledgeable. At least one member of the Commission, either the cleansing

taken from the field of public administration and, if possible, from the employee

category (Group), to which the accused belong.



(2) if the accused Is receiving military benefits, be it zaopatřovacích

at least one member of the cleansing and cathartic Commission Chief representations of representatives of

the military administration.



(3) the Commission, when drawing up the boards of cleansing (upper breathing by the Commission)

either taken into account to ensure that the Chairman was under civil or options

the military judge.



§ 6



The appointment of the members of the cleansing by the Commission



(1) the Chairman and the required number of their deputies and senior associate

the Commission shall be appointed by the Government of the cleansing. Lay judges are appointed from among the

employees of all branches of the public administration and all the employee

categories on the proposal of the central competent authority.



(2) the Chairman and the required number of Deputies and their assessors cleansing

the Commission shall be appointed by the Minister of Interior (in Slovakia, the authority designated by the Slovak

the National Council on a proposal from the competent provincial) National Committee (on the

Slovakia, which the authority shall designate the Slovak National Council), and that of

employees having permanent business location in the circuit, the competent

cleansing of the Commission (article 4, paragraph 2 to 4).



(3) staff members appointed by the Commission ceases to have this breathing function,

If their staff allocation or change position, with which the

contact us for conditions of appointment. Otherwise, the membership of the committees cannot wash your hands

odmítnouti.



(4) For the period of the Criminal Court, the disciplinary (disciplinary, purification)

proceedings commenced against a member of the Commission may purify the

zúčastniti no cathartic meetings of the Commission. If the control

punishment shall cease their membership and either instead appointed another

employee.



section 7 of the



The compilation of the Chambers and the delegation



(1) the Chairmen of the boards for cleansing the Commission compiled the duration of these

by the Commission. At the same time determine the order in which the other members of the Commission to the Board the

the Senate as alternates, if something goes down a member of the Senate.



(2) if not for some cleansing after the number of members of the Commission's hands, which is

need to set up the Senate, Chief delegates of the Commission to discuss the cleansing

things different cleansing to the Commission.



(3) the same can naříditi on the proposal of the disciplinary representative (section 10), or on a proposal from the

the accused employee if there are reasons for doubt about

the impartiality of the competent Commission cathartic.



§ 8



Partiality and denial



For the exclusion of members of the Commission have the equivalent force of cleansing the provisions of section

111 business pragmatists with the change, that the accused has the right in three

days after service of the summons to oral proceedings a member odmítnouti

the Senate without giving reasons.



§ 9



The position of the members of the cleansing by the Commission



(1) membership in the cleansing is a function of the Congressional committees and members of these

the Commission shall exercise its authority independently. The performance of this function, let it be

given by the competent authorities. The members of the Commission to the breathing of commuting

meeting of the Commission is the responsibility of the compensation business expenses in accordance with the laws of the

valid on the travelling public servants. The cost of these

the staff expenditure shall be borne by the funds of the Ministry of the Interior.



(2) the authority shall lodge before embarking on the members of the Commission promise to wash your hands

they will carry out their Office according to their best knowledge and conscience. This

Lodge members promise to the upper breathing by the Commission into the hands of the Minister of the Interior

(Slovakia into the hands of the authority designated by the Slovak National Council), and

the members of the Commission into the hands of the President of cleansing of the National Committee, which

they are established.



(3) the members of the Commission are required to wash your hands and long life of official secrecy about

What is learned in the exercise of his Office.



§ 10



Disciplinary agent



(1) in respect of each reformatory (Chief spiritual Commission) acting to defend

the public interests of disciplinary representative with the requisite number of Deputies.



(2) Disciplinary Representative and Deputy of the staff shall be appointed by the law

knowledgeable and occupying a top Government Commission for cathartic, cleansing

Commission, the Minister of the Interior (in Slovakia, the authority designated by the Slovak national

the Council), which is governed at the provincial national committees, proposals on

Slovakia, which the authority shall designate the Slovak National Council (§ 6 (2)).

The provisions of section 6 (1). 3 and 4 shall apply mutatis mutandis.



(3) the representatives of the Commission for the breathing of Kární reporting kárnému the representatives of the

the High Commission and cleansing along with him to the Minister of the Interior (in Slovakia

the authority designated by the Slovak National Council). In the merits of the case shall be governed by the guidelines

the Office (section 15 (1)).



(4) Disciplinary Representative must be heard before any decision is taken the cleansing

the Commission defended the interests entrusted to him.



(5) the provisions of section 8 and section 9 (2). 3 shall apply mutatis mutandis.



§ 11



Advocacy



(1) the liability of the employee has the right to use kicked by his in the proceedings before the

očistnými commissions defense lawyer from employees in the local scope of the circuit

cleansing the Commission on active service or retired, or of the persons registered in the

the list of advocates.



(2) at the request of the accused employee either for oral proceedings set up

the Chief of the Office of the advocate, which is the cleansing of the Commission set up.



(3) except in the case in the previous paragraph are not concerned

employees committed to take care of defence. In no case may

accept the reward and have accused only a claim for cargo

in the interest of defending the necessary and effectively made.



(4) the Advocate is entitled to everything for the representation of the accused for the appropriate

regards, přednésti and openly like the legal obhajovacích

resources. Thanks zachovávati is the confidentiality of all communications,

received in its properties as a defender.



Specific obligations and rights



§ 12



and) courts, offices and other bodies



(1) all courts, public authorities and institutions are obliged to oznámiti Office

(section 15 (1)) every circumstance, it is for the Commission, already things are cathartic

and that came out or comes to light during the procedure established for them.



(2) also the heads of offices are required to make a notification within the meaning of

paragraph 1 of the circumstances indicating the employee's tort (section staff

2) learned in the service even outside the service.



(3) the disciplinary board (disciplinary authorities) are obliged to abstain in the

any stage of the proceedings any further negotiations, if it finds that the

as for wrongdoing before commissions, stihatelné očistnými and odstoupiti thing to

consultation of the competent Commission of the reformatory.



section 13



(b) the citizenry in General)



(1) every one who is known for a fact that the staff issue

(2) a public employee has a right to oznámiti Office (section 15 (1))

or kárnému.



(2) the notice must be signed by the podatelem and obsahovati has the exact

indication of the circumstances of the accused against the staff; and have

připojiti or navrhnouti the necessary evidence. Anonymous reporting and notification

they do not have to be the basis for the agriculture negotiations under this Decree.



(3) Knowingly false denunciation, shall not give rise to offence

crime tainted accusations, prosecutes on the proposal of the affected ex officio

the public indictment as an offence under the law on protection of honor, even if

otherwise, only the offence was an offence.



§ 14



(c) in particular, the testimony of the soul)
(1) the Person to the position of witnesses before a criminal court and must

about to be properly briefed before his interrogation.



(2) the hearing is always nepřísežný.



(3) testimony to the Commission Making a cleansing is punishable as fraud pursuant to § §

197, 199a) of the criminal code.



§ 15



The introduction of preparatory proceedings-investigation



(1) the Commission shall initiate procedures to Cleansing the proposal (disciplinary notice) staff

the Office. Among the recipients of odpočivných (zaopatřovacích) salaries shall propose the initiation of

control authority (the authority), who admitted resting (provident) salary;

If you do not already have such authority (the authority), the Authority (the authority), on which she crossed his

the scope of the personal belongings of employees and their survivors; If it is not

even such authority (the authority), the Authority (the authority), which arranges the likvidatura

the payment of the salaries of the odpočivných (zaopatřovacích). The authority, which proposes

initiation of the procedure, is among the recipients of the donations and the Board of pardons, the competent

the central authority or the Authority (the authority) to the central authority empowered to that effect,

among the recipients of odpočivných (zaopatřovacích) salaries allowed under free

the considerations the authority, which has authorised, and enjoyment to the disciplinary authority of the

disciplinary action, disciplinary Commission, etc.) the Office, which is the disciplinary authority

set up.



(2) the Disciplinary notice must be properly odůvodniti and indicate in it all

the necessary evidence and documentary evidence. In an announcement at the information provided

relating to the business, personal and family circumstances of the accused,

or its armed services ratio [section 30, paragraph 2, point (b) (c))].



(3) that the authority proposing the introduction of disciplinary proceedings could do,

carry out the necessary investigation in advance, in particular, shall hear the witnesses and the accused.

The accused need to be umožniti, to comment on the results of the investigation and

where appropriate, the suggested additions. The accused either exactly marked negotiations

He blamed asked and given him the opportunity to make at each point

justify the charges. Immediately after completing his testimony, either he

write read and granted him the ability to repair and accessories. Avoid to

deliberately questioning, let us proceed in the investigation without his hearing.



(4) the Office (paragraph 3) can dožádati the courts, State and other authorities to

implement the single act of investigation, if it for distance or

Another obstacle to carry it out itself. Requested courts and authorities shall act in accordance with

the rules applicable to them.



(5) the provisions of § 119, paragraph. 4 and 5 staff pragmatics shall apply mutatis mutandis.



(6) carried out a preliminary investigation to another authority in the framework of the cleansing of public

Administration, the Office will use the results of this investigation after Tween

According to the previous provisions.



section 16 of the



General principles of management



(1) the proceeding is closed to the public.



(2) the proceedings be it short and quick. Can be realized against the absentee.



(3) each Member of the Commission is obliged to look to, to determine

the truth. It must, therefore, perfect obeznámiti with each case, about which the

the vote, and may itself have proposals to supplement the investigation against the accused

also in his favour.



(4) voting is going on by simple majority votes, the vote of younger

before the older members; the Chairman put to the vote the last time. To the imposition of penalty

According to § 3 (2). 1, no 6 (a) and (B). and), No 4, must be unanimous

the resolution.



(5) the accused and his defence counsel shall have the right during the procedure nahlížeti in the files

and one of them's listings; excluded are the writings of the secret and the Advisory. Nahlížeti

You can only under official supervision.



(6) if the accused fails to appear, though duly summoned, it is not an obstacle

continuation of the oral proceedings.



§ 17



The proceedings of the disciplinary notice



(1) the notification and karnej files of preliminary investigation connects your

the proposal of the representative of as punitive.



(2) the disciplinary notice i thus completed with documents the Senate examines the cleansing

the Commission and act without an oral hearing, either:



and) that (section 15 (1)) the investigation is doplniti,



(b)) that the proceedings be terminated, or



(c)) that the proceedings shall be discontinued and the writings of public prosecutors shall be forwarded by the

the extraordinary people's Court or the public prosecutor's Office, or



(d)) that the matter proceed to the Commission or the competent cathartic



(e)) that the thing it refers to oral proceedings.



(3) the proceeding shall be terminated:



and if it didn't work out) found nothing objectionable, or



(b)) if the employee of the service, or died, stepped out.



(4) Proceedings may be přerušiti up to its rightful end of management

the criminal, if any in the run or if, during the proceedings the suspicion

the criminal offence.



(5) if the matter Was left to the oral hearing, the Senate at the same time, the Act

that evidence has already made in the preliminary investigation, they have opakovati

at the oral hearing.



(6) The resolution according to the paragraph. 2B may not administer disciplinary representative complaint within 15

days from receipt of the resolution the Commission directly by the competent superior cleansing

cleansing the Commission.



Oral proceedings



section 18



(1) the President of the Senate is the responsibility of naříditi time and place of the oral proceedings.

The negotiations can make outside the seat of the Commission, if the cleansing by

management will accelerate.



(2) the accused shall be summoned to it within a time limit of at least eight days in advance.

In the writ must be definitely specified the allegations and the circumstances suggest for

the accuracy of these allegations. In addition, it shall be communicated to the accused in the summons

the names of the members of the Senate with a lesson in the law of a refusal under section 8 and the law

the defence, pursuant to section 11 of this code. If the employee intends to use the

advocate for an oral hearing, must, if not doing so already during the

the preparatory investigation, been able to his name in 3 days after the service of collecting,

in this period, where appropriate, administer the proposal within the meaning of section 11 (1). 2.



(3) negotiations governed by the President. The President of the Senate, after the case of the authorised

the Chamber (Rapporteur) to report on the case. This is followed by interrogation

of the accused and of the witnesses and to read the evidence. Members of the Senate and the accused

(Defender) and disciplinary representative has the right questions for the persons examined.



(4) for each proposal to supplement the investigation must be rozhodnouti before

the end of the negotiations.



(5) after the cover down the punitive control your terminals and

suggestions, and then the accused and his defence counsel. The accused and to his

defenders of the let it be always granted the final word.



§ 19



(1) the hearing is closed to the public. The accused may, however, to make the

allowed access to version three employees, he trusts.



(2) the deliberations and the vote shall take place in a secret meeting.



(3) minutes of oral proceedings either drawn up a protocol that has obsahovati the indication of

the time and place of the meeting and the names of the present and the vylíčiti procedure in the

all essential parts, in particular indicating the substantial content of the testimony

persons slyšených in oral proceedings.



(4) the deliberations and the vote either drawn up a separate protocol. Both protocols

be signed by the Chairman and the rapporteur.



section 20



The decision to Commission the cleansing



(1) the Commission is not bound by the Cathartic osvobozovacími judgments of the ordinary or

other courts or disciplinary findings (resolutions), and decide according to the

discretion and according to the best knowledge and conscience.



(2) if the Commission is satisfied that the accused is not guilty, exempt

It is liberating to find. writes the minutes of oral proceedings and shall announce the

with the.



(3) if the Commission, however, to believe that the accused is guilty,

Act on the findings, which say he's guilty, and shall designate one of the

penalties under section 3 and determine whether and when taking into account the proposals of the

the highlight of the potrestaným during the proceedings and property conditions has

the accused hraditi costs. The finding of guilt and punishment with the essential

reasons to log the minutes of oral proceedings and shall be present

the accused verbally and in written copy.



(4) if the employee for the same offence already punished,

the Commission shall take into account the cleansing in the penalty area.



(5) a written copy of the award designation, the Commission must obsahovati a cathartic,

date and place of the oral proceedings, the names of persons present, find and its

the reasons for the signature of the Chairman and the rapporteur and lessons about the right to appeal.



section 21



Appeal



(1) the appeal is not administer within 15 days from the delivery of the award directly with

cleansing of the Commission, which released the findings. The Commission shall submit to the cleansing of the three

days of the relevant Supreme cleansing the Commission, which shall decide on it with the final

validity.



(2) the appeal may administer the accused (the lawful heir), and representative to the disciplinary

the Office of instruction (section 15 (1)).



(3) the appeal shall have suspensive effect.



(4) on the return to the previous State shall apply mutatis mutandis the provisions of § 143 staff

pragmatics with the change, the time limit for the submission of a proposal shall be fifteen days.



section 22



The decision of the Supreme spiritual Commission



(1) the High Commission the cleansing



and rejects the appeal without further) control, if the appeal is lodged

belatedly, or person to appeal unfair,



(b)), the investigation is a Tween stores if necessary,



(c)) and order cancels find cathartic new proceedings, the Commission considers it

substantial defects in the procedure before the Commission, purifying



(d)), exempt the accused,



(e)) changes the punishment; to change the sentence to the detriment of the accused or accept

the accused guilty of the offenses, the parties which has been purifying the Commission

the Commission may exempt, only to the extent in which the award is made against

appealed the disciplinary representative,



(f) it shall reject the appeal).
(2) in the cases referred to under (a). and (b))) and (c)) of the previous paragraph

the Commission decides the top cleansing without an oral hearing; in the other

cases can only rozhodnouti without oral proceedings, if it considers it in

appropriate. Otherwise, the Commission shall order the President of the Supreme cleansing oral proceedings before the

This Commission, for which the same rules apply as for the negotiations in the first

the stool.



(3) the decision of the High Commission is the final cathartic.



section 23



Enforcement of the award



(1) the Legal findings by the Commission shall carry out the appropriate personal cleansing

the authorities, which also arrange them into a personal notation (staff) of the statement. U

recipients of the odpočivných (zaopatřovacích) the salaries of the enforcement of the award shall carry out a) series

(authority), referred to in section 15, paragraph. 1, if the terms of the Authority (the authority), whose

likvidatura arranges payment of such salaries.



(2) that the award has gained the power of the law, the President shall inform the competent

the Commission's authority, the reformatory referred to in paragraph 1.



section 24



The deletion of the sentence



After the expiration of three years from the date on which the finding of legal power, but not

before the full power of sentence may be cleared to write request

in a personal statement (the staff), if the employee from that time

perfectly. On applications for the deletion of the sentence shall be decided by the central competent

Office employees closest to the Supervisory Board also observed higher self-governing authority. These

the authorities are entitled to povoliti, after a further reasonable period of time to after deletion

the penalty was the time excluded from the procedure additionally wholly or partly in the

This procedure included.



§ 25



Recovery management



(1) the retrial, there can be navrhnouti if, after the powers award

new circumstances or evidence, on the basis of which shall judge would find

was handed down, if these circumstances or evidence have been known to Senate

already before making the award.



(2) the recovery of disciplinary proceedings can, convicted navrhnouti employee representative

or his legal heirs.



(3) renewal of proceedings without oral proceedings permitted the cleansing of the Commission; in

the resolution, let it be stated to what extent and in which parts of the award

by enabling the restoration of deleted. Against the decision of the Commission can be cathartic,

odvolati within 15 days to the Supreme spiritual Commission.



(4) the authorization of recovery starts at the same control again; for the renewed

management applies the same rules as the original control.



(5) After the demise of the scope of the Commission's proposal can be cleansing on retrial

it before the authorities, which moved the scope of these by the Commission (section 32).



Suspension



section 26



(1) the Commission may at any time suspendovati the cleansing staff, against which the

proceedings have been initiated, if it is reasonably due to chargeable service

tort.



(2) the reformatory for the Commission to also potvrzovati (rušiti) the provisional

suspension deep for activity, for which the prosecution is appropriate, and it

the notice of the staff of the Office, vyslovivšího suspension. This also applies to

suspension made before the effect of the Decree.



(3) the provisions of § 14 of the Decree-Law of 21 June. in December 1938, no. 380

Coll., on personal austerity, remains intact.



section 27 of the



(1) the Suspension shall not rightful termination of purifi cation procedure.



(2) if the circumstances which caused the suspension of the employee,

It has a cleansing of the Commission zrušiti.



section 28



(1) the Commission shall act on the cleansing suspension, confirmation or cancellation

without an oral hearing.



(2) Against the resolution of the complaint, the Commission can be cathartic it within 15 days after the

delivery directly to the appropriate Commission for cathartic high cleansing

to the Commission. The submission of a complaint does not have suspensive effect.



section 29



If the control stop or discharging findings would arrange to

additional deduction of the period of a suspension and payment of the withheld part of the business

revenue. Otherwise, the Commission shall decide the cleansing in the award, whether and if

doplatiti the detainee's salary, and whether and when the period of suspension for započísti

increase salary and entitlement to a pension (surrender) and its assessment.



section 30



Prescribed delivery



(1) in particular, are served in particular by:



and) notice of initiation (section 15),



(b)) the resolution terminating the proceedings (section 17 (3)), of the suspension (§ 28 paragraph.

1), on the reopening of proceedings (§ 25 (3)),



(c) the findings of the Commission) cleansing.



(2) service under paragraph 1 shall be carried out



and the staff of the Office of the accused), and if this is not the Office at the Office

personal, whether or not the personal Office,



(b)) to the Office (the authority), referred to in section 15, paragraph. 1 sentences 2 and 3, for beneficiaries

odpočivných (zaopatřovacích) the salaries, pensions and gifts of grace and

odpočivných (zaopatřovacích) salaries allowed discretion,



(c) the Ministry of national defense) if the accused in a military gážistou

retired military gážistou in the ambush, the military person from among the team

or receiving military benefits zaopatřovacích of any kind, and

zaopatřovacích requirements for longer serving and their surviving dependants (section 15, the

paragraph. 2).



(d)) kárnému representatives



(e)), the accused (potrestanému), his defense attorneys, or other agents,

where appropriate, the legal heirs.



(3) service under paragraph 2 (a). (e)), as well as the delivery of the official

warrants are valid, became personally. If the stay of the accused,

it becomes valid for the delivery of the last of the staff by saving

the Office, with regard to the Authority (the authority) provided for in § 15 of paragraph 1. 1 sentence 2 and

3.



section 31



Time limits



The time limit referred to in this Decree shall run from the day following the delivery.

The beginning or not time out weeks ago, holidays or Holy monuments lie at

days ago. If the end of the period falls on a Sunday, a holiday or a memorable day ends

the next day the daily deadline. The days of postal transportation nevčítají to

the time limits.



§ 32



Time limit breathing of the Commission's activities



The scope of the breathing of the Commission expires on May 4, 1947. The superior cleansing

the Commission is continuing its work after this date.



section 33



This Decree shall take effect on the date of the notice; It shall carry out all

members of the Government.



Dr. Edvard Beneš in r.



Fierlinger in r.



David r.



Kopecký v. r.



Gottwald in the r.



Laušman in r.



Wide v. r.



Ďuriš in r.



Dr. Sramek v. r.



Dr. Pietor in r.



Ursíny, in r.



Gen. Hasal in r.



Masaryk in the r.



Hála in r.



Gen. freedom in r.



Dr. Šoltész in r.



Dr. Ripka in r.



Dr. walk in r.



Nosek in r.



Majer in r.



Dr. Šrobár, in r.



Dr. Clementis v r.



Dr. Karthik N in r.



Gen. Dr. Ferjenčík in r.



Dr. Stransky in r.



Lichner, in r.