Decret No. 17 / 1945 Coll.
Decret of the President of the Republic on the National Court
Valid
Effective from 09.07.1945
17.
Decret of the President of the Republic
of 19 June 1945
about the National Court.
On the proposal of the Government,
(1) A National Court is hereby established in Prague.
(2) The national court acts both as a criminal court and as an honest court.
If the crimes of the President of the Republic of 19 June 1945, No. 16 Coll., on the punishment of Nazi criminals, traitors and their helpers, and on extraordinary people's courts (in other retrieval decrees), the State President of the National Union of Workers and the Union of Agriculture and Forestry, journalists who have been proactively serving the government of invaders in the daily press, or at all persons who have been the leader in the life of political, high office, a high office or a major place in the life of economic ties will be judged by the National Court as a criminal court.
The national court is bound by the substantive provisions of the Retributional Decree.
Persons identified in § 2 will be tried The national court as an honest court, although they did not commit crimes, but did not behave after 21 May 1938 as it suited the faithful and brave Czechoslovak citizens.
(1) Those who will be found guilty under the previous paragraph will be deprived of active and passive electoral rights in public councils, the right to convene and participate in public assembly meetings, to organise themselves in political groups and organisations, to publish political journals or other political publications, to redact them or to write in them.
(2) The transfer of one of these prohibitions shall be punishable by a court of law as an offence of three to six months in prison.
(1) The national court shall decide in the seven-member chambers, which shall be drawn up by the national court representative.
(2) The President of the National Court, his two Vice-Presidents and the Presidents of Chambers must be professional judges. They are named by the President of the Republic on the Government's proposal. The Deputy Chambers of the National Court shall be appointed by the Government on the proposal of the Minister of Justice from the lists drawn up by the National Committees. Be certified patriots by the acceding national court, especially those who have served in foreign or domestic resistance, or who have been victims of hostile persecution or treason.
(1) On the proposal of the Minister of Justice, the Government will designate, from among persons of the law established by the National Court of Public Prosecutor (National Prosecutor), with the necessary number of Deputy Directors.
(2) Both the National Prosecutor and his Deputy Prosecutor are under the authority of the Minister of Justice.
(3) The National Prosecutor determines which of the persons referred to in § 2 or § 4 is to be tried by the National Court and for what crimes or acts. This designation renounces the jurisdiction of the special folk courts and the ordinary courts.
(1) General provisions of the Code of Criminal Procedure shall apply to proceedings before the national court, unless otherwise provided for in this Decree.
(2) Proceedings against the guilty persons within the meaning of this decree shall be initiated without delay and proceed as quickly as possible.
(3) The investigation shall not take place. Search must be limited to the essential facts. They shall be carried out by a national prosecutor who may ask the courts and security authorities to carry out individual tasks.
(4) After the end of the search, the National Prosecutor shall file a written indictment for the offences or, where appropriate, a written charge within the meaning of Section 4. Objection is not allowed.
(5) There must also be an indication in the indictment or indictment of a fact which is the basis of the indictment or indictment.
The custody of the defendant in the case of an indictment within the meaning of Article 2 shall be decided by the national prosecutor, in accordance with the provisions of Sections 175 and 180 of the Criminal Code.
(1) The defendant has the right to choose an attorney or to ask the court to set up an attorney for him, if he is deprived. If the defendant does not exercise his rights, the court will set up an official lawyer for him.
(2) Only a person who has attained his doctorate can be a lawyer, or at least passed three legal examinations, but at least a judicial one.
(1) The defendant or, where applicable, the charge shall be served directly to the defendant, with a notice to the main trial, the date of which shall not be fixed until eight days after the summons have been served.
(2) If the defendant did not appear or cannot appear in court for any reason, the national 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.
(1) The main trial before the national court is initiated after the case has been brought up and the General's findings have been established by reading the file or the indictment (§ 8 (4)) and, as a general rule, by ending within 14 days of the initiation. Interview of the defendant and conduct of the evidence shall be governed by the rules of general criminal proceedings. The actions of the courts and parties are either limited to the facts for which the defendant has been brought before the national court. While the findings of the co-conspirators should not be omitted, this should not delay the execution of the judgment.
(2) The main case before the national court is public and oral. Protocols concerning the interrogations of accomplices and witnesses as well as the good appearance of experts may always be read, if the President of the Chamber considers it expedient.
(3) Upon completion of the accompanying procedure, the national prosecutor will evaluate the results of the procedure and submit a final proposal. The chairman will give the defendant and his attorney the floor. If the National Prosecutor responds to the statements of the defense, the defendant and his attorney have the right to the final word.
(1) After that, the court, in a private hearing, shall take a decision on the judgment, which shall be governed by the relevant rules on general criminal proceedings, unless otherwise provided for in that decree. However, five votes are required for a resolution that reduces the penalty below the lower limit of the rate or confuses it to be milder or waives the penalty (§ 16 (2) of the Retribution Decree).
(2) In the vote, first, the officials vote, and the older vote before the younger vote.
(3) If the verdict on the conviction in the crimes on which the death penalty is imposed is not supported by at least five votes or if the court considers that, for the attenuating circumstances found, the death penalty would be unduly severe, the court may impose a severe prison sentence from twenty years to life and, under the conditions laid down in Article 16 (2) of the Retributional Decree, apply the provisions contained therein. The provisions of paragraph 1, the second sentence, shall also apply here.
(4) To that end, the judgment shall be declared immediately in a public court sitting.
The minutes shall be drawn up in accordance with the rules on due process. This minutes shall be signed by all members of the court and by the stenographer.
(1) There are no proper remedies against the judgment of the National Court.
(2) A mistrial for maintaining the law is admissible. The national court shall decide on the application for renewal of criminal proceedings.
(1) The request for mercy by anyone filed has no suspensory effect.
(2) The death penalty will normally take place within two hours of the judgment being delivered. Upon express request of the sentenced, the period may be extended by an additional hour. If the trial is held in the absence of the defendant, the death sentence shall be carried out within 24 hours of the conviction.
The provisions of the death and life sentences Act No. 91 / 1934 Coll. do not apply to convictions under this decree.
The effectiveness of this decree is extended until 4 May 1947.
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.,
Same as Minister Masaryk
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree No. 17 / 1945 Coll., on the National Court |
|---|---|
| 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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