Act No. 173 / 1948 Coll.
Law on an honest declaration in administrative proceedings
Valid
Effective from 04.08.1948
173.
Law
of 30 June 1948
an affidavit in administrative proceedings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) In proceedings before national committees and other authorities or public authorities (hereinafter referred to as the "authorities"), a declaration of honour to the proof or certificate of fact which should otherwise be established or certified by a public or private instrument may be accepted, as the case may be, on a proposal from the party.
(2) An affidavit is inadmissible in cases where a particular public interest is found to be of particular interest, in particular in criminal proceedings, and in cases where the procedural equality of the parties would be infringed in proceedings involving multiple parties, as well as in cases where registration in public books is carried out on the basis of the document referred to in paragraph 1. The competent Ministry or any other central office may issue directives further guidance on when a declaration of honour is not admissible. Where these directives concern proceedings before national committees, they may always be issued with the consent of the Ministry of Interior. The Directive shall be published in the Official Journal.
(1) The declaration of honour must contain the assurance of the party in its honour that the content of the declaration corresponds to the fact and that it is aware of the criminal consequences of the false declaration.
(2) The declaration of honour shall be made orally or in writing by the Party.
(3) The oral declaration may be made either at the office carrying out the proceedings or at the local national committee of the place of residence or residence of the party, abroad at the Czechoslovak representative's office. An oral affidavit shall be signed. The drawing up of this registration shall be exempt from the charge for official acts in administrative matters, from the municipal charge for official acts, following the charge for official acts of the representative offices of the Czechoslovak Republic.
(4) The authenticity of the signature (hand sign) on a written declaration of honour must be verified by the National Committee or by a court or public notary and abroad by the Czechoslovak representative office.
(5) The Party must be informed of the criminal consequences of false data in the declaration prior to the registration of the affidavit or prior to the verification of the signature on the affidavit. In the minutes or in the verification clause, it shall be confirmed that this has happened.
(1) The Office shall evaluate the evidence of an honest declaration as to its discretion.
(2) The decision authorising a declaration of honour may be annulled on its own initiative, including in the appeal proceedings, until the proceedings are closed. There is no appeal against this, as well as against a decision not to allow a declaration of honour.
Anyone who makes an honest statement of negligence false will be punished - if not more severely criminal - by a prison court within three months. But those who make false statements on purpose will be punished - if not more severely punishable - for the crime of imprisonment from six months to one year.
Where judicial proceedings have been brought against a party in respect of a criminal offence pursuant to Article 4, the Office may withdraw the decision or measure given on the basis of such an affidavit until the final end of the criminal proceedings. If legal proceedings have ended with a final conviction of the Party, the Office shall revoke its decision or measure made on the basis of an affidavit containing false information.
This Act shall take effect on the 15th day following its publication; It shall be implemented by the Minister for the Interior in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 173 / 1948 Coll., on an honorary declaration in administrative proceedings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.1948 |
|---|---|
| Effective from | 04.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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