Act No. 15 / 1947 Coll.
Law on the prosecution of black trade and similar affairs
Valid
Effective from 24.02.1947
15.
Law
of 13 February 1947
on the prosecution of black trade and such entanglements.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Administrative misconduct.
(1) For the purposes of black trade or similar schemes, the penalty shall be those who, at the time of the extraordinary economic circumstances of the war (§ 9).
(a) requests or offers, for the purposes of further disposal, a price overpaid for items of need, in order to obtain an excessive economic gain for himself or other persons;
(b) articles of need above normal levels shall be taken by any means whatsoever from normal, in particular controlled production, circulation or consumption, in order to confer on himself or other persons disproportionate economic benefits;
(c) for unfair reasons, it shall suspend or substantially restrict the production of articles and thereby cause them to become deficient or more expensive on the market;
(d) re-export, or in a quantity or value without the export authorisation in force, articles of need to be exported abroad and thus removed by normal, in particular controlled production or consumption or destination for export;
(e) re-import goods at the expense of the management at the expense of their management, or in a quantity or value without the import authorisation in force;
(f) commit any other malpractice which is capable of causing shortages or the price of goods needed on the market;
prison (lock-up) up to one year and a penalty of up to 3 million CZK, in which the sentence of freedom, together with the replacement penalty, may not be more than one year for a penalty.
(2) The administrative authority (authority) may, in its finding, state that the sentenced person shall serve the sentence imposed in accordance with paragraph 1 in a law enforcement office.
(1) Those who preside over directly for the commission of an offence (§ 1) and who do not complete the act simply for impossibility or for an external obstacle or accident shall be liable as if the act had been completed.
(2) Those who intentionally cause or facilitate the commission of an offence by ordering, affirming or providing assistance (§ 1) by another person (perpetrator) shall be liable in the same way as the offender, even if the offender cannot be prosecuted or convicted of the offence.
(1) The existing rules on offences in the field of maintenance, supply and price are not affected. If such provisions in Slovakia have expired on 31 December 1946, they shall be renewed without a time limit on the date of application of this Act. If the offence is prosecuted as an administrative offence under this law, it cannot be prosecuted according to those regulations.
(2) The Special Act provides for the prosecution of persons subject to military disciplinary powers for administrative offences pursuant to Article 1.
Judicial crimes.
(1) Those who commit any act referred to in § 1 (1) (a) to (f), although they know that this may jeopardise the smooth supply of the population of a region or a place or part of that population to the objects of need, will be punished for the offence by a rigid prison from three months to three years. Attempted offenses are also criminal in Slovakia.
(2) If the guilty party has committed the act referred to in paragraph 1 by way of custom or craft, or if he has known by his actions that he has threatened to a considerable extent the supply of the population, he has either been punished for crime by a heavy prison from one to five years of age, and if this has actually caused a serious supply disorder, by a heavy prison from five to ten years of age.
(3) If the guilty party has committed the offence referred to in paragraph 1 in circumstances for which the offence becomes a crime, as a participant in the conspiracy to commit the offence, he will be punished by a heavy prison of 10 to 20 years or for life.
(4) If the guilty party has committed the act referred to in paragraph 1 in circumstances for which the act becomes a crime, and this has caused a supply disorder to such an extent that the lives of the population have been put at risk or that the state's industry has been severely damaged, and the guilty party could have predicted it, he should be punished by death.
In a conviction for a criminal offence pursuant to Article 4, either the loss of the right to vote and, in the field of criminal law, Article V / 1878, the loss of office.
(1) If the court condemns a guilty criminal in accordance with Paragraph 4, it shall, in addition to a free sentence, impose a penalty on him in respect of money, if it is an offence, from CZK 3,000 to CZK 3 million, if it is a crime, from CZK 10,000 to CZK 10 million.
(2) If the court condemns the guilty guilty of crime, it may also say that the property of the convicted person is forfeited in whole or in part for the benefit of the State. However, part of the property of a convicted person is excluded from the forfeiture, which is inevitably needed to satisfy the needs of his life and those whose nutrition the sentenced person is obliged to take care of by law. The details of the extent of the assets excluded from the forfeiture and the enforcement of the sentence shall be laid down in a separate law.
(1) If the offence referred to in Article 4 has been committed out of insolence, the court may, at the first conviction, state that the sentenced person may be held in a coercive office, in Slovakia, for reference to the coercive office.
(2) Convicted, ordered into a coercive office, shall remain there for at least six months and for no more than three years if there is an offence; if there is a crime, at least one year and no more than five years.
The execution of the penalty imposed on the offence pursuant to § 4, which the guilty party committed at the age of more than twenty years, must not be suspended on condition of the Law of 17 October 1919, No 562 Coll., on conditional conviction and parole.
Common provisions.
The period of exceptional economic conditions caused by war under this law means the period from the date of the entry into force of this law to the date determined by the Government by the Decree.
Special aggravating circumstances under this law are also committed by a criminal offence
(a) the national administrator in the management of the assets entrusted to him, for the purposes of personal gain;
(b) a senior official, after the case of a staff member in the place of the national undertaking, in the performance of his duties, for the purposes of personal gain;
(c) a public official, member or official of the national committee, economic or interest organisation in his official capacity or in the performance of his duties.
If the Office (institution) or court condemns a guilty person for a criminal offence under that law, it shall state that the property gain which the guilty person has acquired by a criminal offence or what he has acquired for him is forfeit to the State.
If an offence has been committed under this law in the course of trade, the Office (body) or the court may impose as a secondary sentence the loss of a trade permit for time or forever.
(1) If it is in the public interest, the Office (institution) or a court in a condemning decision or judgment for a criminal offence under this law shall order that an authentic finding or judgment be published on the expense of a convicted person not more than three times in one or more of the magazines which they designate in the decision or judgment. It may also order the finding or judgment to be publicly posted or otherwise published in the municipality where the sentenced person resides and in the municipality where the offence was committed.
(2) The Office (institution) or the court shall determine whether the reasons for the finding or judgment, or their substance, are to be disclosed, as it itself determines.
(1) The Office (institution) or the court may state that the holder of the undertaking in the course of which the offence was committed shall be liable for the impenetrable financial penalties imposed on employees, agents, agents or other bodies if the malpractice has enabled or facilitated the criminal activity by malpractice. The owner of the company means not only individual persons, but also companies (associations of persons), nationalised enterprises and legal entities.
(2) The owner of the undertaking must, if known to the Office (institution) or to the court, be served for consideration in the first chair and be entitled to present the facts which may be relevant for the assessment of the case and to make proposals.
(3) The statement of guarantee should be taken into account in the finding or judgment and the person affected by that statement has the right to refuse it by appeal. In proceedings before the courts, the applicant may also appeal when such a statement has not been made. The provisions on appeals against the sentence shall apply.
(4) Cash penalties shall be enforced on the person to whom the liability has been imposed in accordance with the general provisions applicable to money penalties.
Specific provisions on the management.
(1) Proceedings before administrative authorities (authorities) under this Act shall be carried out in accordance with the rules in force (applicable) on 31 December 1946 in the field of maintenance, supply and price.
(2) Administrative proceedings must be initiated within three days of the filing of the criminal notice and must end in the first seat within one month. The appeal shall be submitted by the office of the first stool within seven days to the superior stool, which shall decide within one month. The time limits referred to in this paragraph shall be regular.
Final provision.
The Law of 17 October 1919, No. 568 Coll., on the Punishment of War Flattery, as amended by the Regulations amending it and supplementing it, is hereby repealed. Where other laws invoke the provisions of Paragraph 18 (2) to (6) of that Law, the relevant provisions shall remain unaffected.
This Law shall take effect on the third day following its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr Zenkl v. r.
Dr Šrámek v. r.
Ursines v. r.
Fierlinger v. r.
Broad v. r.
Masaryk v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.
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Regulation Information
| Citation | Act No. 15 / 1947 Coll., on the prosecution of black trade and similar affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.02.1947 |
|---|---|
| Effective from | 24.02.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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