Decret No. 16 / 1945 Coll.
Decret of the President of the Republic on the punishment of Nazi criminals, traitors and their helpers and extraordinary people's courts
Valid
Effective from 09.07.1945
16.
Decret of the President of the Republic
of 19 June 1945
about punishing Nazi criminals, traitors and their helpers and extraordinary people's courts.
The unheard-of crimes committed by the Nazis and their treacherous accomplices in Czechoslovakia are calling for strict justice. The slaughter of the country, the slaughter, the enslavement, the robbery and the humiliation of which the Czechoslovak people were victims, and all the escalated German atrocities, which unfortunately were helped or assisted by even embezzled Czechoslovak citizens, some of whom were abused by high authorities, mandates or rank, must be punished without delay to disprove Nazi and fascist evil from its root. I therefore provide for the Government's proposal as follows:
Crimes against the state.
Who committed any of the following crimes in the territory of the Republic or outside the territory of the Republic at the time of the increased threat of the Republic (Paragraph 18) under the Law of 19 March 1923 on the Protection of the Republic, No 50 Coll.:
plot for the Republic (§ 1), punishable by death;
who committed planning (§ 2), threats to the security of the Republic (§ 3), prosecutions (§ 4, No 1), treason of state secrecy (§ 5, No 1), military treason (§ 6, No 1, 2 and 3), and violence against constitutional officials (§ 10, No 1), is punishable by severe imprisonment from twenty years to life, and in circumstances particularly aggravating death.
Who at the time of the increased threat to the Republic (§ 18) was a member of the Organisations: Die Schutzstaffeln der Nationalsozialischen Deutschen Arbeiterpartei (S. S.), or Freiwillige Schutzstaffeln (F. S.), or Rodobar, or Szabadcsapatoka, or other organisations of a similar nature not listed here, is punishable, if the offence is more punishable, for a felony by a heavy prison from five to twenty years and in circumstances particularly aggravating a heavy dungeon from twenty years to life.
(1) Who, at the time of the increased threat to the Republic (Paragraph 18), promoted or supported the fascist or Nazi movement, or who, at the time of the press, radio, film or theatre, or at the public assembly, approved or defended the hostile government on the territory of the Republic, or the individual illegal acts of the occupying headquarters and offices and bodies subordinate to them, punishable by the offence of a severe criminal offence, for a crime of between five and 20 years, but committed such a crime in order to break up the moral, national or state consciousness of the Czechoslovak people, in particular Czechoslovak youth, punishable by a severe prison from ten to twenty years, and under the circumstances particularly aggravating, from twenty years to life, or death.
(2) Who, at the same time, was an agent or commander in the Organisations of the Nationalsozialistische Deutsche Arbeiterpartori (NSDAP) or Sudetendeutsche Partei (SdP) or Vlajka, Hlinkov or Svatobolého Garda, or in other fascist organisations of a similar nature, is punishable, if the offence is committed more severely, by a heavy dungeon from five to 20 years of age.
A Czechoslovak citizen who, at the time of the increased threat to the Republic (§ 18) abroad, broke up a movement to liberate the Czechoslovak Republic in its pre-Munich Constitution and unity, or otherwise knowingly damaged the interests of the Czechoslovak Republic, especially who threatened the security of citizens working for the liberation of the Republic at home, punishable by more severe criminal, severe imprisonment from five to twenty years.
Crimes against persons.
(1) Who, at the time of the increased threat to the Republic (Paragraph 18), committed acts in the service of, or in the interests of, Germany or its allies, or the Republic of the hostile movement, its organisations, or members of, the following crimes:
(a) pursuant to the Criminal Act of 27 May 1852, No 117 of the Member State, the crime of public violence against people's robberies (§ 90), public violence by treating man as a slave (§ 95), murder (§ 134 to 137), manslaughter (§ 140 and 141) and severe damage to the body (§ 156),
(b) pursuant to the penal law of Article V / 1878 of the crime of murder (§ 278), intentional manslaughter (§ 279), severe assault with the consequences of death (§ 306 and 307) and child robbery (§ 317), punishable by death.
(2) Who, at the same time, in the same circumstances and for the same purpose committed the following crimes:
(a) pursuant to the Criminal Act of 27 May 1852, No 117 of that Act, the crime of public violence by the unlawful restriction of the personal freedom of man (§ 93), public violence by blackmail (§ 98), public violence by dangerous threats (§ 99) and severe damage to the body (§ 152 and 155),
(b) pursuant to criminal law, Article V / 1878 of the crime of wrongful restriction of the personal freedom of a person (§ 323, 324 and 325), severe battery (§ 301) and extortion (§ 350 and 353), punishable by a heavy dungeon of between ten and twenty years.
(1) Who, at the same time as the increased threat to the Republic (Paragraph 18), has ordered forced or compulsory labour in favour of the war effort of Germany or its allies, and who has cooperated in the issue and enforcement of such a regulation, is punishable, if crime is more strictly punishable, by a serious prison of five to ten years.
(2) However, if he was forced to work abroad, or in circumstances, or in the places of his life or health dangerous, by such a regulation, the guilty party shall be punished, regardless of the purpose of the work, by a heavy prison from 10 to 20 years of age.
(1) Who, alone or in cooperation with others at the time of the increased threat to the Republic (§ 18) in the service or interest of Germany, or its allies, or the Republic of the hostile movement, its organisers or members, has caused the loss of freedom of the Republic's people without other consequences, is punished for crime by a heavy prison from five to 20 years. If the culprit has thus caused the loss of the freedom of a greater number of citizens of the Republic, the court may impose a severe prison sentence from twenty years to life, in circumstances particularly aggravating the death penalty.
(2) At the same time, in the same circumstances, for the same purpose and in the same way, who has caused severe harm to the people of the Republic without serious consequences (paragraph 3), shall be punished for crime by a heavy prison from 10 to 20 years of age, and under the circumstances of particularly aggravating imprisonment from 20 to life. However, if a greater number of persons have been affected, the court may impose the death penalty.
(3) In the same period and in the same circumstances, for the same purpose and in the same way, by a court order, judgment, regulation, or administrative decision of any kind, enforcement of a judgment, regulation, or administrative decision, or otherwise death of a citizen of the Republic, a serious harm to the body of a citizen of the Republic, with the consequences indicated in Section 156 of the Penalty. OJ No 117 / 1852, p. 306, 307.
Crimes against property.
(1) Who, at the time of the increased threat to the Republic (Paragraph 18), committed acts in the service of, or in the interest of, Germany or its allies, or the Republic of the enemy movement, its organisers or members of the following crimes:
(a) pursuant to the Criminal Act of 27 May 1852, No 117 of, the crime of public violence by malicious damage to foreign property (§ 85) with consequences pursuant to § 86, § 2, arson (§ 166) under the circumstances and with consequences under § 167 (a), robbery (§ 190) under the circumstances and with consequences under § 195;
(b) pursuant to the penal law of Article V / 1878 of the arson crime (§ 424), robbery (§ 344 and 345), under the circumstances and with the consequences of § 349, paragraph 1, point 2 and paragraph 2, punishable by death.
(2) Who committed the following crimes at the same time and under the same circumstances and for the same purpose:
(a) pursuant to the criminal law of 27 May 1852, No 117 of the law of 27 May 1852, the crime of public violence by forced entry into a foreign property (§ 83), public violence by malicious damage to foreign property (§ 85, 86, paragraph 1), arson (§ 166) under the circumstances and with the consequences of § 167, point (b) to (g), theft (§ 171 to 180), fraud (§ 181 to 183), participation in theft or fraud (§ 197 to 201, 203), robbery (§ 190) under the circumstances and with the consequences of § 191 to 194, robbery (§ 196), fraud (§ 197 to 201, 203),
(b) pursuant to the penal law of law, Article V / 1878 of the domestic offence by private persons (§ § 330 and 331), the offence of damage to foreign property (§ § 418 and 420), which in the circumstances of paragraph 1 of this paragraph qualifies as a crime, arson (§ § 422 and 423), theft (§ § 333 to 341), to the extent that the offence is not punishable under § 1 (b) of this paragraph, participation (§ 370), fraud (§ 379 as amended by § 50 of the criminal amendment), in the circumstances under § 383, paragraph 2 with the exception of § 382;
punishable by a heavy dungeon of 10 to 20 years and in circumstances particularly aggravating by a heavy dungeon of 20 to life.
Who, alone or in cooperation with others at the time of the increased threat to the Republic (§ 18) in the service or interest of Germany, or its allies or the Republic of the Enemy Movement, its organisers or members, caused by a court order, judgment, regulation, or administrative decision of any kind, or the execution of a judgment, regulation or administrative decision that the Czechoslovak State or a legal or physical person was deprived of their assets in whole or in part against the law of the Republic, punishable by criminal offences, for a criminal offence of between ten and twenty years, and, in particular, by an aggravating imprisonment from twenty years to life.
Those who, at the time of the increased threat to the Republic (Paragraph 18), abused the distress caused by national, political or racial persecution in order to enrich themselves at the expense of the state, legal or physical person, are punishable, if the offence is not more severe, by a serious criminal offence, by a severe prison of five to ten years.
Insubordination.
At a time of increased threat to the Republic in service or in the interest of the enemy, or using the situation brought about by the enemy's occupation of another for some real or imaginary activity, he is punished for crime by a heavy prison of five to ten years. If, however, the informer has caused the loss of the freedom of the Czechoslovak citizen by his claim, he is punishable by a heavy prison of ten to twenty years. If the claim was a direct or indirect consequence of the loss of liberty of more people or of serious harm to health, it is punishable by life imprisonment, if it results in death, it is punishable by death.
General provisions.
According to this decree, a stranger who has committed a crime referred to in § 1 or one of the crimes referred to in § § 4 to 9 abroad will also be punished if he has committed them on a Czechoslovak national citizen or on Czechoslovak public or private property.
(1) The conduct of a criminal offence under this decree is not justified by the fact that it was ordered or permitted by provisions other than the Czechoslovak law, or by the authorities established by a State authority other than the Czechoslovak State, without being justified by the fact that the perpetrator considered such invalid rules to be justified.
(2) It also does not justify the perpetrator having done his duty, dealing with particular zeal, exceeding to a large extent the normal framework of his duties, or if he was active in helping the German (their allies) war effort, harming or obstructing the war effort of Czechoslovakia (its allies), or acting out of another apparently repugnable motive.
(3) Irresistible coercive by order of the superior does not exonerate the guilt of anyone who has voluntarily joined organisations whose membership has been imposed by everyone, as well as by a criminal order.
If they condemn the crime court in that decree and do not refrain from the sentence (§ 16 (2)), they shall also say:
(a) that the sentenced person ceases for a certain period or forever to be of civil honour (§ 15);
(b) that the sentenced part of the sentence is free or the whole sentence is served in special forced labour units established by a special law;
(c) that all or part of his assets are forfeited to the State.
The need for civil honour [Paragraph 14 (a)] means:
1. permanent loss of honours, orders and honours, public services, grades and functions, academic degrees, as well as loss of resting and provision benefits, mercy salaries and all other salaries of public money;
2. in the case of non-officers, degradation and the case of officers, appeals;
3. loss of eligibility for the acquisition, exercise and re-acquisition of the rights referred to in Nos 1 and 2 and of the rights of the persons subject to the conditions;
4. the loss of the right to vote, to vote or to be called to public office, or to vote in public matters;
5. Loss of competence to perform functions in associations (associations or other similar departments);
6. loss of competence to be the owner, publisher or editor, or in any way to co-operate in issuing, publishing and loading, issuing and publishing periodic forms;
7. loss of ability to give public lectures or speeches;
8. loss of competence to work in educational or artistic institutions or enterprises;
9. loss of ability to be an employer or co-employer;
10. loss of freedom of employment;
11. loss of ability to be a member of the board of directors of companies and communities;
12. loss of competence to be a senior official in a private enterprise.
Anyone who transmits the prohibitions contained in this section will be punished by a court-martial for criminal offences from one week to three months.
(1) The punishment of freedom cannot be reduced below the lower limit of the rate and its way is more moderate.
(2) The Court of First Instance may reduce the sentence even below the lower limit of the rate and replace it with a more moderate method, in cases of special consideration worthy of a condemning sentence to refrain from punishment, if it is generally known, or if it fails to prove without delay that the defendant has acted with the intention of benefiting the Czech or Slovak nation or the Czechoslovak Republic or its allies or other general interest, or that he has later acted to free the Republic from hostile power, or to rectify, or to reduce the evil caused by the enemy, and that he has persisted on his way of duty. However, this provision cannot be applied if the damage caused by the perpetrator exceeds the disproportionately general benefit pursued by it.
The crimes of this decree and the execution of the sentence shall not be barred.
The period of increased threat to the Republic shall mean the period from 21 May 1938 to a date to be determined by a government regulation.
The crimes of this decree are considered to be particularly rejectable within the meaning of § 1, paragraph 1 of the State Prison Act of 16 July 1931, No. 123 Coll.
The prosecution of crimes, punishable by this decree, is punishable under the applicable criminal laws with the following changes:
1. for crimes against the State, detention is punishable in the same way as those crimes;
2. in the case of the same crimes, the detention of close persons (§ 39, No. 4 of Act No. 50 / 1923 Coll. on the protection of the Republic) is a criminal offence and punishes himself with a heavy prison from one year to ten years, but if this decree itself imposes the death penalty on the crime, a heavy prison from five to 20 years;
3. other crimes are punishable by severe imprisonment
(a) from 10 to 20 years of age, if this decree itself imposes the death penalty on crime, or a heavy dungeon for more than 20 years;
(b) from one year to ten years, if this decree itself imposes a lower sentence on crime.
Extraordinary folk trials.
(a) The main trial of criminal offences under the Retributional Decree and the decision to reopen proceedings for such acts shall be the sole responsibility of the special People's Court.
(b) The extraordinary folk court shall judge in three chambers, composed of the President, who is a judge of the profession, and two judges of the people; However, if the previous proceedings (Article I., § 2) have been brought to an end by a judgment, the extraordinary People's Court in chambers of five members, composed of the President, the Judge of the Occupation, and four judges of the People. The resolutions for which, pursuant to Rule 29 of the Retribution Decree, at least 4 votes are required for five-member chambers shall require unanimity in three-member chambers.
(c) Privileges of extraordinary folk courts, their deputy and professional judges shall be imposed by the Minister of Justice of judges in active employment. The People's Judge shall be appointed by the Minister of Justice from the lists drawn up by the District National Committees.
(d) The Public Prosecutor of the Extraordinary People's Courts shall be appointed by the Minister of Justice from among the prosecutors, from the judges in active employment or from persons on the list of defenders.
(e) Article 62 (3) of the delegation shall apply mutatis mutandis; the decision of the Land Court on the delegation shall be final.
(1) Exceptional People's Courts are responsible for judging all criminal offences under this decree, if they are liable for criminal offences as perpetrators, accomplices, accomplices, participants or holders, persons referred to in § 2 and § 3, paragraph 2; if they are held liable by other persons, they are judged by extraordinary folk courts when they propose to be prosecuted by the public prosecutor (§ 24).
(2) The local jurisdiction of the extraordinary People's Courts shall be determined by the rules of the Code of Criminal Procedure applicable in the territory of the Republic.
Composition and seat of extraordinary courts.
(1) An extraordinary People's Court exercises its jurisdiction in five chambers, composed of a President, to be a professional judge (civil or military judge), and four judges from the people.
(2) Privileges of extraordinary folk courts, their deputy and professional judges (paragraph 1) are to be appointed by the President of the Republic on the Government's proposal from the list of persons acquired for that purpose by the District National Committees. From other lists, the government will appoint judges from the people.
(3) The priority of an extraordinary People's Court or Deputy Director shall be to draw up from among the persons appointed in paragraph 2 the necessary number of chambers with alternates.
(4) Exceptional folk courts shall be established at the seat of the regional courts, but any Chamber of the special folk court may sit if needed, in any place of the judiciary. The local national committee at the seat of the regional court shall appoint the executors of the capital punishment with the necessary number of helpers.
(5) The decree of the government will be as to what promise the judges of the people will make, and what compensation for the cost and the loss of profits are theirs.
(1) It is a civic duty to accept and hold the office of judges of the people. If the judge of the people breaks this obligation without serious reasons, in particular by not showing up for the main trial without a sufficient excuse, even if he has been duly served, or if he withdraws from the hearing without the agreement of the President of the Senate before the end of the main trial, the President shall impose a fine of up to 10 000 Kčs or a prison within eight days and, as the case may be, compensation for the missed trial. This finding may be objected to within eight days by the affected person, which shall be decided definitively by the notary of the special folk court.
(2) The fine falls to the Treasury.
In the vote, judges from the people first vote, older before younger.
Public prosecutor.
(1) The Public Prosecutor of the Extraordinary People's Courts shall be appointed by the Government, or under his authority, by the Minister of Justice for certain periods, for certain cases, or for the entire duration of the activities of the Court of Prosecutor or of other persons who have obtained a doctorate or have passed three legal examinations, but at least a judicial examination, if they are in the lists drawn up for that purpose by the District National Committees.
(2) Public prosecutors in extraordinary folk courts are subordinate to the Minister of Justice.
Proceedings before extraordinary people's courts.
(1) The principles of the proceedings before the courts of the people shall apply to the proceedings before the courts of the court of the people, in accordance with the provisions of § 26 to 31 of this decree. Where a decree refers to the rules of procedure, the rules of the applicable criminal law are meant.
(2) If the defendant has been acquitted by a judgment of an extraordinary court of the people, his prosecution shall not be ruled out before the competent court of the ordinary court or, where appropriate, before a court of the State pursuant to Act No. 68 / 1935 Coll. or before a regional court responsible for the trial of military treason pursuant to Act No. 130 / 1936 Coll. of Law No. 238 / 1937 Coll. This court will re-examine the case by the ordinary procedure, in which the substantive legal provisions of this decree (§ § 1 to 20) apply, as well as when the guilty party was immediately brought before the court in advance (§ 21). However, the motion to proceed so against the defendant must be made no later than three months after the date of the acquittal.
(1) Proceedings before an extraordinary People's Court are initiated on the application of a public prosecutor (§ 24). Pregnant women do not be driven before an extraordinary folk court while this condition persists.
(2) The entire criminal proceedings shall normally take place from the beginning to the end before an extraordinary People's Court in the manner of the main trial, preferably without interruption and shall be terminated within three days of the defendant being brought before him. If the special People's Court has not reached a judgment within that time limit, it shall refer the case to the proper court (Paragraph 25 (2)). However, even after the expiry of that period, the proceedings before an extraordinary People's Court shall continue if the public prosecutor so requests.
(3) A public prosecutor shall have the rights and obligations of a public prosecutor in a preliminary search or in a preliminary investigation prior to a special court of the people.
(4) If the defendant does not appear or cannot appear in court for any reason, the public prosecutor may suggest that the main trial be held in the absence of the defendant. In such a case, the court must set up an official lawyer.
Proceedings before an extraordinary People's Court are oral and public. The defendant shall have the right to elect a lawyer himself or to ask the court to appoint a lawyer if he is deprived. If the defendant does not exercise his right, the court shall establish an attorney by authority. Both the defendant and the court may entrust the defence with a person not listed in the list of defenders who have obtained a doctorate or passed three legal examinations, but at least a judicial examination.
(1) The main trial before an extraordinary People's Court is initiated after the case has been brought up and the findings have been made by generalized interpretations of the public prosecutor who are guilty of the actions of the defendant. Interview of the defendant and conduct of the evidence is generally governed by criminal proceedings. Protocols concerning the interrogations of accomplices and witnesses and the good appearance of experts may be read whenever the President of the Senate considers their reading to be expedient.
(2) The proceedings shall, as a general rule, be limited to acts or acts for which the accused has been prosecuted before an extraordinary court. Therefore, actions which are not punishable under this decree should not be taken into account. If they are subsequently prosecuted in proceedings before a special court of the people, or before a court of the ordinary or, where appropriate, of the State, or before a regional court responsible for the trial of military treason, the sentence shall be taken into account when the sentence is imposed by an extraordinary court of the people.
(3) Proceedings before an extraordinary People's Court may not be delayed by the detection of claims for damages caused by a criminal offence.
(4) While the findings of the co-conspirators should not be omitted, this should not delay the execution of the judgment.
(5) Upon completion of the accompanying procedure, the applicant shall evaluate the results thereof and submit his final proposal. The President will give the floor to the defendant and his lawyer to present the defense. If the public prosecutor answers to her statements, the defendant and his lawyer have the right to the final word.
(1) The court shall then act in a private hearing at the judgment, subject to the applicable rules on the ordinary procedure, unless the decree provides otherwise. However, four votes are needed for a resolution that reduces the penalty below the lower limit of the tariff or confuses it in a more moderate manner or that forgoes punishment (§ 16 (2)).
(2) If the plea of guilt in a crime imposed by that decree is relied upon by only three votes, or if the court considers that circumstances have been established that the death penalty would be unduly severe, the court may impose a severe prison sentence from the age of 20 to life and, under the conditions referred to in Article 16 (2), use this provision. The provisions of paragraph 1, the second sentence, shall also apply here.
(3) The judgment should be published immediately in a public court sitting.
A registration shall be drawn up in accordance with the rules governing proceedings before an extraordinary People's Court. This minutes shall be signed by all members of the Chamber and by the stenographer.
(1) There are no proper appeals against the judgment of the extraordinary People's Courts. A request for mercy by anyone filed has no suspensive effect.
(2) The death penalty will take place within two hours of the judgment being delivered. At the express request of the defendant, the period may be extended by an additional hour. If the trial is held in the absence of the defendant, the death penalty shall be executed within 24 hours of the arrest of the defendant. However, the execution of the death penalty shall be postponed for a reasonable period of time if the public prosecutor so requests from an important public interest.
(3) A mistrial for maintaining the law is admissible.
(4) An application for the renewal of criminal proceedings shall be decided by the Court of Appeal of the First Chamber, in whose seat an extraordinary People's Court is established, which has decided on the matter. In doing so, it shall be governed by the provisions of the Criminal Code on the renewal of criminal proceedings. However, the new main trial is held before an extraordinary People's Court under the conditions set out in Paragraph 21.
Transitional and final provisions.
(1) The provisions of the Act of 3 May 1934, No. 91 Coll., on the imposition of the death penalty and on life sentences, do not apply to criminal offences under this Act.
(2) The provisions of the Act of 11 March 1931, No. 48 Coll., on the criminal justice of young people, remain in force.
(3) If the offences referred to in this decree are to be brought before the ordinary court and if the action which would otherwise be required to be tried by the jury is to be the subject of the proceedings before the Court of First Instance in accordance with the rules on the action ordered by that court.
This Decision shall expire on 31 December 1948.
The implementation of this decree is entrusted to all members of the government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.,
or min. Masaryk
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decret No. 16 / 1945 Coll., on the Punishment of Nazi Criminals, Traitors and Their Helpers and on Extraordinary People's Courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.07.1945 |
|---|---|
| Effective from | 09.07.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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