Decision No 1 / 2013 of the President of the Republic Coll.

Decision of the President of the Republic on amnesty of 1 January 2013

Valid
1
DECISION
President of the Republic
on amnesty of 1 January 2013
On the occasion of the 20th anniversary of the creation of a separate Czech Republic, I use the right given to me by the Constitution and grant the following amnesty:
Čl. I
Remission and obliteration of certain unconditional penalties
(1) By way of derogation from paragraph 1, the competent authorities of the Member States shall:
(2) I shall forgive outstanding prison sentences or remnants thereof if they have been imposed definitively before 1 January 2013 and if the person to whom the sentence has been imposed has reached or is to reach the age of 75 years in 2013, and at the same time has been sentenced in an area not exceeding 10 years.
(3) Persons to whom the sentence referred to in paragraphs 1 and 2 is remitted shall be treated as if they were not convicted.
Čl. II
Stopping criminal prosecution
I hereby order an end to the final outstanding prosecution, with the exception of the criminal prosecution against a fugitive, from the beginning of which more than 8 years have elapsed on 1 January 2013, for offences for which the Criminal Code provides for a sentence of imprisonment not exceeding 10 years.
Čl. III
Relief of certain unconditional prison sentences
(1) I declare that the person to whom the sentence is remitted shall not commit the offence within the period corresponding to the period for the extermination of the sentence, the unconditional imprisonment referred to in paragraphs 2 and 3 of this Article.
(2) I shall forgive outstanding prison sentences or remnants thereof if those sentences have been imposed definitively before 1 January 2013, if a sentence not exceeding 24 months has been imposed and at the same time no penalty has been imposed
(a) for a crime involving death or serious harm to health; or
(b) for crimes against life and health, against human dignity in the sexual field, or against family and children; or
(c) a person who, in addition to a crime decided pursuant to this Article, has been sentenced in the last five years before 1 January 2013 to an unconditional prison sentence or who has been released in the last five years before 1 January 2013 from the execution of a prison sentence if he is not treated as if he had not been convicted.
(3) By way of derogation from paragraph 1, Member States shall ensure that:
(4) If the remission of a sentence under this Article cannot be extended to the entire criminal activity for which a total or aggregate sentence has been imposed, it shall not be used in part.
Čl. IV
Resolving other punishments
(1) I declare suspended sentence of imprisonment final before 1 January 2013 to persons who:
(a) have reached or reached the age of 70 in 2013;
(b) persons who have been sentenced in an area not exceeding two years.
(2) I shall forgive the outstanding sentences of public utility work or the remnants thereof and the outstanding sentences of house arrest or remnants thereof, provided that such penalties have been imposed definitively before 1 January 2013.
(3) Persons to whom the sentence referred to in paragraphs 1 and 2 is remitted shall be treated as if they were not convicted.
Čl. V
Common provision
A criminal offence shall also be understood as an offence committed to a minor, and a penalty shall be imposed on a minor.
President of the Republic:
Klaus v. r.
Prime Minister:
Nausea v. r.

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Regulation Information

CitationDecision No 1 / 2013 of the President of the Republic Coll., on amnesty of 1 January 2013
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation02.01.2013
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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