Decree No. 119 / 1945 Coll.
Decree of the President of the Republic on the transitional regime of the Military Criminal Code
Valid
Effective from 13.11.1945
119.
Decret of the President of the Republic
of 27 October 1945
on the transitional adaptation of the Military Criminal Code.
On the proposal of the Government and in agreement with the Slovak National Council I provide:
(1) At a time of urgent need, which will end on a date to be determined by a government regulation, the provisions of the Law of 5 July 1912, No. 131 of the Law on the Military Criminal Code (Act XXXIII / 1912), as amended by the Act, are to be applied with the amendments in that decree.
(2) The provisions of the Code of Military Criminal Procedure which contravene the provisions of this Decree shall cease to apply, but shall be renewed on a date to be determined by the Government Regulation (paragraph 1).
(1) Military judicial authority shall exercise:
1. military courts of the I. stools,
2nd Supreme Military Court.
(2) The Military Courts of the I. stools exercise the jurisdiction of the Temporary Courts (§ 20 VW) in accordance with the rules applicable to them and the powers of the Divine Courts (§ 21, No. 1 VW) in their composition and with the rules applicable to them.
In the Military Court of the I. stools, the place of the Finding Court is decided by one judicial officer as a single judge,
(a) any criminal offence which has so far belonged to the substantive jurisdiction of the brigade courts;
(b) other offences for which the law provides for a free sentence of up to one year, or a penalty for money or a penalty for withdrawal of military rank, either one of those penalties or several at the same time;
(c) crimes on which, although the law provides for a sentence of one year or more but not more than five years, the prosecution proposes in the prosecution to impose a sentence of one year or less.
The judgments of a single judge under § 3 (a) to (c) may be appealed to the same extent as the judgments of the brigade courts (§ 332 WB).
(1) Proceedings and decisions on appeals against judgments of a single judge under Article 4 belong to the Supreme Military Court in a Chamber composed of the President or Vice-President as President and two Councils of the Supreme Military Court. The appeal procedure is subject to similar provisions of Title XIX, Section 340 to 352 of the Code of Criminal Procedure.
(2) Where the Code of Criminal Procedure orders the court of division to decide on complaints (§ 21, § 21, § 2, Art. 3), they shall be decided by the Supreme Military Court in a Chamber composed pursuant to paragraph 1.
Where the current provisions of the military penal order apply to brigade and division courts as court-finding courts, it is necessary to understand the court-martial of the first stools, where they apply to division courts as courts of appeal that understands the supreme court-martial.
(1) The applicants before the military courts are:
1) at the Military Court of I. stool, military prosecutor,
2) at the Supreme Military Court, the Attorney General.
(2) Wherever the Military Criminal Code applies to the military prosecutor's office, it understands the military prosecutor, where it applies to the military prosecutor in proceedings before the Second Chamber, it understands the general military prosecutor.
This Decision shall take effect on the day of its publication; to be carried out by the Minister for National Defence.
Dr Beneš v. r.
Fierlinger v. r.
Gen. Svoboda v. r.
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Regulation Information
| Citation | Decree No. 119 / 1945 Coll., on the Transitional Amendment of the Military Criminal Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.11.1945 |
|---|---|
| Effective from | 13.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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