On The Approval, The Supplements And Amendments To The Regulations Concerning Restoration Of Rights. Sequence.

Original Language Title: o schvalování, doplňcích a změnách předpisů o obnovení práv. poř.

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=12711&nr=12~2F1946~20Sb.&ft=txt

12/1946 Sb.



LAW



of 19 December 2003. December 1945



which shall be approved and amended regulations are to be added to restore the legal order



The provisional National Assembly of the Republic passed on

This Act:



Article. (I).



The interim National Assembly approves and shall act as the law again

the Constitutional Decree of the President of the Republic of 3. August 1944, no. 11 Oj.

p. 1. CSL. (annex to the Decree No 30/1945 Coll.), for the renewal of legal

all right, with changes and additions in this Act referred to.



Article II.



The provisions of article. 6, para. 1, point (a). a) and b) cited the Constitutional Decree

shall not apply to decisions concerning the public benefits, public

credit and organizational measures in the field of finance.



Article. III.



The reason given in article. 6, para. 1, point (a). (b) Constitutional Decree) can be

to cancel or change a decision issued at the time of oppression, whether in

cases where the decision was made without a legal prescription.



Article IV.



The reason that the person concerned in the proceedings was made under the pressure of

article. 6, para. 1, point (a). (c)) of the constitutional decree to cancel or change

the decision, issued in a time of oppression, in cases where it has not been decided

After the law, or, as it would have been decided at the time of freedom by

settled prakse,



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 party for this reason and for

the ratios of the time-freedom could not properly defend 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.



Article. In the.



(1) the provisions of article. 9, para. 2 Constitutional Decree shall apply, as regards the

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.



(2) the provisions of article. 9, para. 3 of the same Decree does not apply to criminal findings

administrative.



Čl.VI.



(1) this Act shall come into effect on the date of its publication and shall apply only in

countries, the Czech and Moravian-Silesian. The same date shall take in its entirety

the effectiveness and the article. 6 and article. 9, para. 2 and 3 of the Constitutional Decree, in adaptation

arising from this Act.



(2) the Government shall be empowered to establish by regulation, that the provisions of this

of the law, including the provisions of the cited Decree also applies to Slovakia.



(3) in the annex is published the full text of the cited Decree in adaptation

of this Act.



(4) this Act shall carry out all members of the Government.



Dr. Edvard Beneš in r.

Fierlinger in r.

Gottwald in the r. Ďuriš in r.,

Dr. Stransky v. r., tiež Šoltésza for Minister Dr.

also the Minister Dr. Ripku Dr. Pietor in r.,

and under Secretary for Minister Dr. tiež Lichnera. Šrobára

Wide in r. Gen. Hasal in r.

Dr. Sramek v. r. Hála in r.,

Ursíny in r. also the Minister Dr. Walk

Nosek in r. Majer v r.

Dr. N v r. Dr. Clementis v. r.,

Dr. Crumb in r. for the Minister Masaryk tiež

Kopecký v. r. Gen. Dr. Ferjenčík, in r.

Laušman in r. for Minister Gen. tiež Freedom