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.