Act No. 119 / 1990 Coll.
Law on judicial rehabilitation
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Effective from 01.07.1990
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119
THE LAW
of 23 April 1990
on judicial rehabilitation
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Purpose of the law
Purpose of the law
(1) The purpose of the Act is to abolish a condemning judicial decision for acts which, contrary to the principles of a democratic society respecting civil political rights and freedoms guaranteed by the Constitution and expressed in international documents and international legal standards, have called it criminal, allow a rapid review of the cases of persons so illegally convicted as a result of a breach of the law in the criminal proceedings, remove disproportionate hardships in the use of repression, ensure wrongfully convicted persons of social rehabilitation and adequate material compensation, and allow the unlawful conduct of proceedings found to be liable against persons who knowingly or grossly infringed by the laws in force.
(2) Actions aimed at the exercise of the rights and freedoms of citizens guaranteed by the Constitution and declared in the Universal Declaration of Human Rights and in the successive international treaties on civil and political rights have been declared criminal in breach of international law, and criminal prosecution and punishment also contradicted international law.
Repeal of the decision by law
(1) Powers condemning judicial decisions given between 25 February 1948 and 1 January 1990 concerning acts committed after 5 May 1945,
(a) pursuant to Act No. 50 / 1923 Coll., as amended by the laws amending it and supplementing it, for crimes, offences or offences of plot pursuant to § 1, the preparation of plots pursuant to § 2, the treason of state secrecy pursuant to § 5, the threat of defence of the Republic pursuant to § 6 or the organisation of attacks on constitutional actors pursuant to § 1, the violence against constitutional officials or the personalisation of their powers pursuant to § 10, the disobedience of the President of the Republic pursuant to § 11, the failure or non-notification of criminal offences pursuant to § 12 (1) or Article 15 (3) in relation to acts pursuant to § 1 and (2), the violation of a general peace pursuant to § 14 (1), (5), (6) and (14a), the dissemination of non-judicial reports under § 17, the gross misconduct of indecency pursuant to § 20, non-compliance with legal obligations or criminal acts pursuant to § 23;
(b) pursuant to Act No 231 / 1948 Coll., for crimes, offences or offences of treason pursuant to § 1 (1), § 2, § 3 (b), (c), (d), (e), pooling against the State under § 2 (1) and (3), seizing against the Republic under § 3 (1) and (2), defamation of the Republic pursuant to § 4, incrimination under § 5, abuse by the Office of a spiritual or other similar function under § 28, espoll against allies pursuant to § 6, negligent preservation of the State under § 7, threat of defence of the Republic under § 8 and § 9, unlawful reporting pursuant to Article 23, association of certain constitutional agents pursuant to § 24, abuse of acts pursuant to § 17, misconduct of criminal acts under § 19, violation of constitutional authority pursuant to § 19, violation of constitutional authority pursuant to § 20 and 21, injusury against the Republic under § 39 (3), deprivation of the Republic under § 39, deprivation of criminal proceedings, deprivation of the Republic under § 39, deprivation of the law, deprivation of criminal proceedings,
(c) pursuant to the Act No. 166 / 1950 Coll., as amended by the laws amending it and supplementing it, for crimes of treason pursuant to § § 78 (1), (2), (3) (b), (c), (d), (e), association against the Republic under § 112 and § 80 (1), (2) (b), subjection of the Republic under § 79a, terror under § 80a (4), (5), defamation against the Republic under § 111, threat of economic and professional secrecy under § 114, violation of the interests of the Republic pursuant to § 85 and Article 87, investigation under § 107, abuse of state secrecy under § 107, abuse of the constitutional acts of the Republic under § 108, deprivation of the Republic pursuant to § 95, threat of the interests of the Republic under § 96 and 97,
(d) pursuant to Act No. 140 / 1961 Coll., as amended by the laws amending it and supplementing it, in respect of the offences of the dissolution of the Republic pursuant to § § 92 (1), § 2 (a), § 98 (a), subversive of the Republic pursuant to § 98 (1), (2) (a), (2), (2), (a) and (3) (a), prejudicing of the State of the Socialist System pursuant to § 165, or inciting of the State of the Socialist System pursuant to § 101, defaminating the Republic and its representatives pursuant to § 112, defaminating the State of the Socialist System and its representatives pursuant to § 104, abandonment of the Republic pursuant to § 109 (1), (2), (a), (b), (c), defaminating the interests of the Republic of the Republic of the Republic of the Republic in accordance with § 112;
(e) pursuant to Act No. 150 / 1969 Coll., as amended by the regulations amending it, for offences against the interests of a socialist society in the field of foreign relations pursuant to § 5 (b), (c), against public policy pursuant to § 6 (a) and (c), or maintenance pursuant to § 12 in relation to those offences;
(f) under the legal measure of the Bureau of the Federal Assembly No. 99 / 1969 Coll., for an offence pursuant to § 1,
(g) pursuant to § 153, 155, 156 and 157 of the statutory article In the criminal law on crimes and crimes of 1878, for the crimes of rebellion committed in relation to the protection of religious freedom;
(h) pursuant to Sections 2 and 4 of the 1914 Rule of Law XL on the Criminal Protection of Offices, for the Crimes of Cluster, committed in relation to the Protection of Religious Freedom,
as well as any other decisions in the same criminal case on which they are subsequently withdrawn at the date on which they were issued.
(2) A decision on whether and to what extent the sentenced involvement of rehabilitation is committed shall be taken by the court of its own motion. Where the rehabilitation referred to in paragraph 1 applies only to one of the offences for which a total or aggregate sentence has been imposed, the court shall, depending on the relative seriousness of the offence, determine an adequate penalty for the offences of rehabilitation unaffected or waive the determination of an adequate penalty. Otherwise the prosecution will stop.
(3) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 2. If the decisions given in the main proceedings and any other decisions relating to them have been annulled in full, only the prosecutor may file a complaint.
(1) Within 60 days of the date of its notification, the Prosecutor may object to the decision referred to in Article 2 (2) if:
(a) the act which is the subject of the decision should have been assessed under another provision not covered by the law by rehabilitation;
(b) the act was aimed at promoting fascist or similar objectives or was committed to conceal or facilitate any other offence in general or avoid liability for such an offence;
(c) the act has resulted in death, severe loss of health or damage to a large extent; or
(d) the Czech and Slovak Federal Republics have been bound by an international treaty.
The prosecutor may also make objections in a complaint under Paragraph 2 (3).
(2) The Supreme Court of the Republic, the Supreme Court of the CSFR in the field of military justice, shall decide on the objections of the Prosecutor. If the court does not reject the objections as unfounded, the contested decision shall be annulled by order and the case shall be brought to the review procedure provided for in section 3. This Decision replaces the proposal under Article 5.
Repeal of the decision in the review procedure
The review procedure provided for in this Section may be carried out in cases where, between 25 February 1948 and 1 January 1990, a judgmental judicial decision which has acquired legal authority has been declared for other crimes, offences, offences or offences other than those referred to in § 2, committed after 5 May 1945.
(a) pursuant to Act No. 50 / 1923 Coll., as amended by the laws amending it and supplementing it,
b) pursuant to Act No. 231 / 1948 Coll.,
(c) pursuant to the first and second sections of the first special part of Act No. 86 / 1950 Coll., as amended by the laws amending it and supplementing it, for the offence of non-establishment of a service in the armed forces pursuant to § 265 and 266, for the avoidance of duty under § 270, for the offence of defection pursuant to § 273 (3) and for the offence of association to defer pursuant to § 275 (2) (b) thereof,
(d) according to the title of the first section of the first special part of Act No. 88 / 1950 Coll., as amended by Act No. 102 / 1953 Coll., and for the offence to protect a single economic plan pursuant to § 39 and to protect order in matters of the Church pursuant to § 101 of that Act,
(e) pursuant to the title of the first special part of Act No. 140 / 1961 Coll., as amended by its changing and complementary acts and for the offences of failure to perform tasks in the operation of the private economy pursuant to § 119, the attack on a state authority and a social organisation pursuant to § 154 (2), the attack on a public official pursuant to § 156 (2), the impediment to the exercise of the powers of a public official pursuant to § 156a, the defamation of a nation, race and conviction pursuant to § 198 (b), the dissemination of an alarm message pursuant to § 199, the failure to engage in the armed forces pursuant to § 269 (1) and under § 270 (1), the avoidance of military service under § 280 (1), desertion of foreign status under § 283 (1);
(f) pursuant to the second section of Law No 19 / 1855,
(1) The proceedings shall be initiated at the request of the sentenced person, of his relatives in the direct generation, of his siblings, of the adopter, of the recipient, of the spouse or of the spouse, or of a person whose rights or legitimate interests have been affected by the decision. If the sentenced person is deprived of legal capacity or is restricted to legal capacity, the application may also be lodged by his legal representative, even against the will of the sentenced person.
(2) The prosecutor may also make a motion.
(3) The person making the application may withdraw it by express declaration until the court has taken a final decision. An application lodged by another person (entitled) may be withdrawn only with the express consent of the defendant (legal representative). The prosecutor may withdraw the motion without the consent of the defendant.
(4) If the court finds out, from its official activity, that the circumstances which might justify the application to initiate proceedings are such as to inform the defendant thereof, and if that is not possible, the other person entitled to submit the application, but always the prosecutor.
(1) The proposal may be submitted no later than two years after the date of application of this law. If a review procedure has been initiated only on a proposal from the prosecutor and it has been withdrawn, the defendant may file a motion no later than one year after the date on which he was notified of the withdrawal.
(2) If, for important reasons, the beneficiary loses the time limit for the application to initiate proceedings, he may request a repayment within one month of the absence of the obstacle, but no later than three years from the date of application of this law. If the application to initiate the procedure has not yet been lodged, it should be accompanied by an application.
(3) The court to which the review procedure is due shall decide on the recovery of the time limit.
Proceedings
(1) The decision referred to in Section 2 and the review procedure referred to in Section 3 shall be the competent court which took the decision at first instance in the main proceedings. In the absence of such a court, the court in question shall decide in substance the case in which the court which took the decision at first instance was situated.
(2) The judgment in the cases of the former State Court and the decision of the Supreme Court as a court of first instance are reviewed by the Regional Court and, if the court has been convicted by a person under the jurisdiction of the military courts, by a higher court of the military jurisdiction under the provisions currently in force.
(3) The provisions of the Code of Criminal Procedure relating to the jurisdiction of a Judge shall not apply.
The rules currently in force shall apply to the exclusion of law enforcement authorities. In addition, a judge who took part in the main proceedings shall be excluded from carrying out acts under this law. The prosecutor who was active in the main proceedings is also excluded.
The decision referred to in the second section, unless otherwise specified, shall be taken by the court in private session. In proceedings for an application under Section Three, the court may, in a private session, decide only to reject an application lodged by a late or unauthorised person or to reject an application in respect of a case already examined under this Section or to reject an application in respect of a matter not covered by this Law. In other cases, the court shall act in a public sitting.
(1) The participation of the prosecutor is compulsory in both public and private meetings.
(2) In a public session, a convicted lawyer must be present.
(3) The defendant must have an attorney even if he is an unknown resident. The defendant has the same rights as the defendant. In that case, it is sufficient to deliver the documents to the lawyer.
A public meeting, which the sentenced person has been duly informed of, may be held in his absence, provided that a decision can be taken reliably without his participation. If it is not possible for the defendant to deliver an announcement of a public sitting, he must deliver it to the lawyer.
(1) Where it is necessary to clarify in advance the decision, the President of the Chamber shall carry out the necessary inquiries; it may also entrust it to another member of the Chamber, or request it to the prosecutor, and, if the individual actions are of minor importance, other authorities. The defendant shall have the right to participate in such acts.
(2) All authorities and organisations shall, upon request, immediately submit to the court, where appropriate, to the prosecution or other authorities referred to in paragraph 1, the necessary written material and comply with other requests. They may not rely on the obligation to maintain national, professional or economic secrecy as regards the circumstances relating to the original proceedings.
Paragraph 99 (1) and (2) of the Penal Code concerning the prohibition of questioning as regards the circumstances relating to the original proceedings shall not apply to the examination of a witness in the review procedure. That doesn't apply to questioning an attorney.
(1) Where the court finds in the review procedure that the judgment under review is defective in particular because:
(a) it has been made on the basis of incorrect findings, in particular that it has relied on falsified or falsified evidence, or that it has been based on artificial accusations,
(b) there has been a gross breach of procedural rules in the proceedings, in particular the enforcement of confessions by force or other means;
(c) the act which is the subject of a condemning statement has been provoked, organised or managed by security authorities;
(d) the act was recognised by a criminal offence contrary to the law in force at the time;
(e) the action has been qualified under a stricter provision than the law,
(f) the type of punishment imposed was clearly contrary to its legal purpose or the scope of the penalty was in a clear disproportion to the degree of danger to society,
cancel the decision in whole or in part where it is defective.
(2) If the reason for which the court has ruled in favour of the defendant benefits the other co-defendant, the court shall also decide for his benefit.
(3) If the court rescinds the original decision referred to in paragraph 1, it shall at the same time revoke any subsequent decision relating to the original decision, if, in the light of the change made by the revocation, the ground has ceased to exist.
(4) If the court fails to establish the reasons for the procedure referred to in paragraph 1, it shall reject the application as unfounded.
(1) After the legal authority of the decision under Paragraph 14 (1), the court shall continue the proceedings on the basis of the original indictment. Paragraph 11 shall apply mutatis mutandis to the main proceedings.
(2) A new judgment cannot impose a more severe penalty on the sentenced than that imposed on him by the original decision.
(3) If, following the annulment of the defective decision, the defendant or his legal representative has reached a standstill or interruption of the prosecution, he may, within 15 days of the date on which the decision was notified, request that the proceedings be continued. Paragraph 227 of the Penal Code shall apply mutatis mutandis to further proceedings.
(1) The proceedings shall not prevent the death of the sentenced. The prosecution cannot be stopped following the annulment of the original decision because the defendant died.
(2) If the decision of the court given in the main proceedings has been annulled, the period from its legal authority to the legal authority of the annulment decision shall not be counted within the limitation period.
(1) Paragraph 119 (1) of the Penal Code shall apply to the manner in which a court is to take its decision under this law, with the exception of those under Section 6.
(2) An order from the court on the annulment of the original decision, on the application to initiate proceedings under this law, as well as the order reopening the case, may be lodged if the order by which the court decides at first instance.
(3) An appeal may be brought against the judgment of the Court of First Instance.
(4) The relevant provisions of the Code of Criminal Procedure shall apply to appeals or complaints.
The provisions of Paragraph 38 of the Criminal Act shall apply to the counting of the detention and punishment where a new sentence is imposed in force on the defendant following the annulment of the original decision.
(1) If the application for the initiation of the review procedure has been rejected as wholly unfounded, the party who made the application shall be obliged to reimburse the State for the costs of the proceedings by the lump sum provided for in the special regulation (1).
(2) The obligation to pay pursuant to paragraph 1 does not affect the prosecutor.
(3) The costs of the defence are borne by the State:
(a) in the proceedings referred to in Article 3,
(b) if the proposal has been found to be at least partly justified,
(c) irrespective of the outcome of the proceedings, where the proceedings have been initiated on a proposal from the prosecutor.
Repeal of certain other decisions
Where a decision given in the main proceedings has been declared to have been annulled in its entirety in accordance with Section 2 of the main proceedings, since that decision has been annulled in the review procedure and the sentenced indictment has been fully acquitted, the decision condemning him for an act committed in the course of the execution of the sentence of imprisonment served on the basis of the annulled decision or in the course of the exercise of the custody prior to such a decision shall also be annulled unless it is an act which has resulted in death, serious harm to health or serious harm to a large extent.
(1) The decision referred to in Article 20 shall be taken by the court which, at the first instance, decided at the request of the person referred to in paragraphs 1 and 2 of Article 5.
(2) The decision granting the application may also be taken in private session. Paragraphs 2 (2) and 17 shall apply mutatis mutandis.
A citizen whose application has been found to be justified in the review procedure or who is involved in legal rehabilitation shall be entitled to make the decision replacing the original judgment publicly available in an appropriate manner. The President of the Chamber shall decide on the manner of publication after hearing the citizen concerned. The costs of publication shall be borne by the State.
(1) The Court of First Instance, acting on a request from a person referred to in Article 5 (1) and (2), shall decide that rehabilitation shall also apply to an act not referred to in Article 2 (1), for which a total or aggregate penalty has been imposed in conjunction with an act covered by the rehabilitation referred to in Article 2 (1), except in cases of extreme emergency or necessary defence; and
(a) the act is directly related to an act subject to rehabilitation; or
(b) has been committed in defence of his own life or freedom in a rehabilitation activity pursuant to Article 2 (1);
provided that the conviction took place on the grounds set out in Section 1. In this case, the court condemning the judgment shall revoke and the prosecution shall also cease in respect of the offence; otherwise reject the proposal. Paragraph 5 (3) shall apply mutatis mutandis.
(2) Paragraph 2 (3) and Article 3 (1) and (2) shall apply mutatis mutandis in order to lodge a complaint or objection to a decision pursuant to paragraph 1.
(1) At the request of a person referred to in § 5 (1) or of a prosecutor, the court shall decide on rehabilitation under § 22a (1) even where the rehabilitation has been decided in accordance with § 2 (2). In such a case, it shall repeal the decision to impose an appropriate penalty in accordance with Article 2 (2).
(2) The application referred to in paragraph 1 shall be made within one year of the effectiveness of this Act; no later than one year from the legal authority of the decision referred to in Article 2 (2). If the prosecutor agrees to apply Paragraph 22a (1), the court shall decide in private session; decide otherwise in a public session.
Compensation
(1) The claim for compensation includes in particular:
(a) compensation for the loss of earnings for each month for the detention and execution of a prison sentence of 2500 Kčs, unless the injured party requests that he be compensated instead for the loss of earnings for the duration of the detention and execution of the prison sentence under the general rules,
(b) compensation for damage to health resulting from the connection or execution of a custodial sentence, unless such compensation is due under other rules;
(c) reimbursement of the costs of criminal proceedings of 200 Ccs, the exercise of custody of 600 Ccs for each month of detention and the execution of a custodial sentence of 150 Ccs for each month of execution of the sentence, unless the injured person requests that he be compensated for the costs actually paid instead of such compensation,
(d) reimbursement of the costs paid for the defence in the original criminal proceedings;
(e) the compensation for the financial penalty paid or the sum of the deductions made from the remuneration for the work in the execution of the corrective measure.
(2) The special law shall lay down the conditions for the application of the claims resulting from the annulment of the judgments on the confiscation of property, the confiscation of a case or the prevention of a case, as well as the method of compensation and the extent of such claims.
(3) The full compensation shall be granted only if the condemning judicial decision has been completely revoked pursuant to Section 2 or Section 5, or that decision has been wholly revoked under Section 3 and the injured person has been acquitted. If there is only a partial change to the condemning court order, compensation shall be granted only in view of the difference between the punishments carried out on the basis of the original judgment and the penalties or penalties imposed by the newly imposed.
(4) The provisions of the Civil Code shall apply to the method and extent of compensation for loss of earnings and compensation for damage to health;
(a) average earnings before damage means average earnings before prosecution;
(b) the compensation for loss of earnings for the duration of detention and the execution of the prison sentence may not exceed 30 000 CZK per year.
(5) A refund not exceeding 30 000 CZK is paid in cash. For refunds exceeding this amount, 20% of the refund granted shall be paid, but not less than 30 000 CZK in cash; the remainder in interest-bearing sovereign bonds due no later than five years.
(6) The Government of the Czech and Slovak Federal Republic provides for a regulation
(a) the conditions and method for determining the amount of compensation for loss of earnings, in view of the changes in wage level developments;
(b) details of the implementation of paragraph 5, in particular the scope of the issue of sovereign debt, the conditions for its issue and repayment and the rate of remuneration.
(1) The application of the claims pursuant to Sections 23, 26 and 27 shall be treated in accordance with Act No. 58 / 1969 Coll., on liability for damage caused by a decision of a State authority or by its maladministration.
(2) The claim must be lodged before the court within three years of the legal authority which exonerates or condemns a more moderate sentence or the decision which has stopped the prosecution; otherwise the claim shall cease. During the prior hearing of the claim pursuant to § 9 of Act No. 58 / 1969 Coll., but for a maximum period of six months, this period for the claim is not running.
(1) For the purposes of pension insurance, the term of detention and the execution of the sentence of imprisonment of the injured person, which has been completely acquitted under this law, shall be treated as a period of continuation of employment (work), which the injured person took before taking custody (taking custody) under social security rules. In the same way, part of the period of sentence for which the sentence was wrongfully executed shall be considered if, under that law, the condemning judgment is only partially annulled.
(2) If the injured person, at the time of the illegal execution of the sentence, performed work which would justify the inclusion in the employment category I (II), the performance of such work shall be assessed as the performance of the employment category I (II).
(3) The provisions of paragraph 1 shall be applied mutatis mutandis to the calculation of the period of time for which the injured person, as a result of the execution of the sentence, was unable to work after his release (employment); the calculation of the average monthly earnings (wages) shall not be taken into account at that time and, where this is more favourable for the injured party, nor the period during which he was unable to perform his former employment (employment).
(4) Paragraph 95 (2) of Act No 100 / 1988 Coll., on the three-year period in which the benefit can be increased or awarded, shall not apply to the payment of a benefit incorrectly measured as a result of the detention or execution of the sentence.
(5) The duration of the detention, execution of the sentence or the period during which the injured person was unable to pursue a job after his release (employment) shall be counted as the duration of the employment for the creation and amount of the rights arising from the employment and sickness insurance.
(6) The provisions of the preceding paragraphs shall also apply where the decision given in the main proceedings has been annulled in its entirety in accordance with Section 2 or 5.
(7) The injured party may request that, instead of the entitlements arising from the provisions of the preceding paragraphs, he be granted a monthly pension supplement of:
(a) 20 CJs for each month of detention and execution of a prison sentence in which the injured person has performed work under particularly difficult working conditions which would justify their assessment as employment in the first or second working categories;
(b) 15 Cds for each month of detention and execution of prison sentences in other cases.
The supplement to the pension shall be granted as from 1.7.1990, if it was damaged on that date by the pensioner. If the deceased becomes a pensioner after that date, a supplement to the pension shall be granted from the date of the pension. The supplement to the pension shall be paid only up to an amount not exceeding the maximum amount of the old-age pension laid down in the special regulation.2)
(8) The provisions of paragraphs 1, 2, 3, 6 and 7 shall apply mutatis mutandis to the adjustment of the amount of pensions from which the widow's and orphan's pensions have been assessed and to the provision of allowances for such pensions. The amount of the supplement to the widower's pension shall be 60%, to the orphan's pension, if the two-sided orphan child is 50% and if the one-sided orphan child is 30% of the amounts laid down in paragraph 7.
(9) The amount of the pension referred to in paragraph 8 shall be adjusted with effect from 1 July 1990 to those survivors who, on that date, were beneficiaries of the widow's or orphan's pension. If the survivor becomes a pensioner of a widow's or orphan's pension after that date, the amount of the pension shall be adjusted only from the date on which it is granted. Similarly, the provision of supplementary pension benefits under paragraph 8 shall be carried out.
The right to claim compensation shall be transferred to the heir of the injured party if they are children, husband, parents, and, if they are not, siblings, except in the case of claims which, according to the Civil Code, result in the death of the injured party.
If the injured party, on whom the death penalty has been imposed or who died in custody, has been remedied, the execution of a custodial sentence or other unlawful deprivation of liberty in connection with the acts referred to in § 1, shall be subject to a one-off compensation of 100 000 Kcs in addition to the claims transferred under § 26. The person to whom the deceased provided or was obliged to provide nutrition shall be entitled to pay this amount. If more than one person is entitled, that amount shall be distributed equally among them.
The legal proceedings for compensation under this law shall be exempt from judicial fees.
Limitation of criminal prosecution
If, in the course of proceedings under that law, it is apparent that the conduct of persons who have brought about or contributed to the lawfulness of the act constitutes a suspicion of a criminal offence the criminal offence of which, on the date of entry into force of that law, has not expired by limitation, the limitation period for such an act shall not end before 1 January 1995.
Transitional and final provisions
(1) Proposals for the renewal of proceedings and complaints for infringements brought in respect of cases referred to in Article 4 which have not been decided upon before the entry into force of this law shall be referred to the review procedure of the court responsible under Section 4 of this Act. The same applies to pending complaints about infringement complaints if they have come from persons authorised under Section 5 to propose the initiation of an examination procedure. An application for renewal of proceedings or a complaint for infringement brought in respect of cases referred to in Article 2 (2) which have not been decided upon in the application of this law shall be deemed to have been made pursuant to Article 22a.
(2) In cases other than those referred to in this Act, the Attorney General is obliged to file a complaint for infringement of the law if, by examination, he finds that the infringement occurred for the reasons set out in Section 1. This procedure is not prevented by the fact that the Supreme Court has ruled on a infringement complaint.
(3) The provisions of Section 6 of this Act shall apply mutatis mutandis to compensation.
The review procedure in the cases referred to in Paragraph 4 does not preclude the fact that the Supreme Court has already ruled on the infringement complaint.
The transfer pursuant to Section 2 or the submission of an application to initiate an examination procedure under this Act does not preclude the fact that a similar proposal has already been decided by the court in the same case under Act No. 82 / 1968 Coll.
(1) Where criminal prosecution for any of the acts referred to in paragraphs 2 and 4 has been stopped or interrupted, the persons referred to in paragraph 1 of Article 5 may request that criminal prosecution be continued. The application may be submitted within two years of the effectiveness of this Act.
(2) The provisions of this Act shall apply mutatis mutandis to the rehabilitation and compensation of persons illegally deprived of their liberty or property in connection with the offences referred to in paragraphs 2 and 4 between 25.2.1948 and 1.1.1990, even if criminal proceedings have not been initiated, unless full compensation has been made under the previously applicable rules. Paragraph 27 shall apply mutatis mutandis.
(3) Unless there is something else in the nature of the case, the defendant and the defendant shall also be understood to be the defendant. In proceedings under Section Six, the sentenced person shall be classified as damaged.
(4) If that law does not have special provisions, it shall apply in proceedings under the second to fifth provisions of the Code of Criminal Procedure.
The provisions of Section Six of this Act shall also apply mutatis mutandis in cases where, in cases covered by Section Two, Third and Fifth of this Act, the judgment has been annulled in whole or in part by the date of application of this Act on the basis of an exceptional appeal under the Code of Criminal Procedure or Law No. 82 / 1968 Coll., on judicial rehabilitation, as amended by Act No. 70 / 1970 Coll. The right to compensation must be exercised before 1 March 1993, otherwise it shall cease to exist.
Act No. 82 / 1968 Coll., on Judicial Rehabilitation, as amended by Act No. 70 / 1970 Coll.
This Law shall take effect on 1 July 1990.
Havel v. r.
Dubček v. r.
CHF
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Regulation Information
| Citation | Law No. 119 / 1990 Coll., on judicial rehabilitation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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