Decision of the President, Czechoslovak Socialist Republic No. 167 / 1988 Coll.
Decision of the President of the Czechoslovak Socialist Republic on amnesty of 27 October 1988
Valid
167
DECISION
President
Czechoslovak Socialist Republic
on amnesty of 27 October 1988
On the 70th anniversary of the creation of the Czechoslovak state and the 20th anniversary of the announcement of its federative arrangement, our people evaluate the results achieved in the construction of a socialist society. It is a proud and convincing balance of the achievements of our workers who are actively and selflessly pursuing the policy of the Communist Party of Czechoslovakia and under its leadership are currently rebuilding the economic mechanism and further deepening the democratisation of society, which should further strengthen the moral and political unity of the people. It is a fact expressing the strength and strength of our socialist establishment.
On a proposal from the Bureau of the Central Committee of the Communist Party of Czechoslovakia, the Bureau of the Central Committee of the National Front and the Government of the Czechoslovak Socialist Republic, I use my constitutional rights and grant this
amnesty:
1. Permit
(a) unconditional imprisonment or remnants thereof for an offence or intentional offence other than those referred to in (c), in an area not exceeding two years;
(b) unconditional imprisonment or remnants thereof imposed for a negligent offence in an area not exceeding three years;
(c) the prison sentence or the remnants thereof for the offence of leaving the Republic pursuant to § 109 (1) and (2) of the Criminal Act;
(d) of the other outstanding sentences, part of which is in prison of two years or, where applicable, the remainder of which is less than two years;
(e) conditional prison sentences, even if later they were ordered to be executed,
(f) the punishments of the corrective action and the penalties in which they have been converted or the remnants thereof;
which have been lawfully deposited before the date of this Decision and are not yet executed.
2. To the same extent, I shall also forgive the punishments or parts thereof referred to in paragraph 1 which have been imposed so far by the wrongful judgments declared prior to the date of this Decision, unless it is possible to stop the prosecution in its entirety. If, following an appeal, there is a change in the sentence, the decision shall be subject to a judgment which shall become final.
Unconditional prison sentences or remnants thereof shall be remitted to the sentenced or to be carried out in the first group, in the military unit or in the juvenile correctional institution.
The suspended imprisonment and the punishment of the remedy imposed as a separate measure shall be forgiven with the effect that on the date of this Decision the perpetrators are regarded as not being convicted.
1. I order that it be not initiated and, if it is already initiated, that criminal prosecution be brought to an end.
(a) for the offence of abandonment of the Republic pursuant to Article 109 (1) and (2) of the Criminal Act committed before the date of this Decision;
(b) for offences and offences other than those referred to in (a) committed before the date of this Decision, provided that the law provides for a custodial sentence not exceeding two years;
(c) for offences committed before the date of this Decision by negligence, provided that the law provides for a custodial sentence not exceeding three years.
2. Where the provisions of paragraph 1 cannot be extended to the whole of a criminal activity which has been decided by an unjust judgment given before the date of that decision, it shall not apply in part.
1. This Decision shall not apply:
(a) persons who, in addition to a crime decided pursuant to this Decision, have been lawfully sentenced in the last 10 years before the date of its publication to an unconditional prison sentence for an intentional offence or who have been released in the last 10 years from the execution of a prison sentence for such an offence, unless they are regarded as not being convicted;
(b) the offence of leaving the Republic under Paragraph 109 of the Criminal Act, where the perpetrator has shown or manifested a hostile relationship with a socialist social or state establishment;
(c) to the offences of speculation under § 117 of the Criminal Act, the theft of property in socialist property pursuant to § 132 (2), (3), (4) of the Criminal Act, the threat to foreign exchange economy under § 146 of the Criminal Act, the acceptance of bribery under § 160 of the Criminal Act, bribery under § 161 of the Criminal Act, indirect bribery under § 162 of the Criminal Act, robbery under § 234 of the Criminal Act, theft under § 247 (2) of the Criminal Act, deserving abroad under § 283 of the Criminal Act, murders under § 219 of the Criminal Act and other offences for which the law allows the death penalty to be imposed;
(d) total and aggregate sentences, if any of the collectible offences are listed under (b), (c).
2. I, point (b) of paragraph 1 of this Decision, shall not apply to total or aggregate prison sentences of more than two years imposed for a negligent offence in the face of an intentional offence to which the law provides for a custodial sentence of more than two years.
3. Even paragraph 1 (c) of this Decision shall not apply to cumulative and cumulative unlimited prison sentences imposed for an offence of abandonment of the Republic pursuant to Paragraph 109 (1) and (2) of the Criminal Code, in the context of a deliberate offence for which the law provides for a custodial sentence exceeding two years, or in the context of a criminal offence committed by negligence for which the law provides for a custodial sentence exceeding three years.
I order the Ministers of Justice of the Czech Socialist Republic and the Slovak Socialist Republic and the Minister of National Defence of the Czechoslovak Socialist Republic to submit to me, on the basis of a review, proposals for the remission or reduction of penalties imposed on persons not covered by this Decision for crimes and offences committed prior to the publication of this Decision,
(a) pregnant women,
(b) mothers who care for two or more children under the age of 15;
(c) men over 60 and women over 55,
(d) persons with permanent disability or suffering from incurable illness.
Husák v. r.
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Regulation Information
| Citation | Decision of the President, Czechoslovak Socialist Republic No. 167 / 1988 Coll., on amnesty of 27 October 1988 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.11.1988 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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