Act No. 198 / 1993 Coll.
Law on the illegality of and opposition to the Communist regime
Valid
Effective from 01.08.1993
198
THE LAW
of 9 July 1993
on the illegality and resistance of the Communist regime
Parliament has decided on this law of the Czech Republic:
Knowing the duty of a freely elected Parliament to deal with the Communist regime, Parliament
Notes that the Communist Party of Czechoslovakia, its leaders and members are responsible for the way of government in our country between 1948 and 1989, in particular for the programme destruction of the traditional values of European civilisation, for conscious violations of human rights and freedoms, for the moral and economic decline accompanied by judicial crimes and terror against holders of different views, by replacing the functioning market economy with direct management, the destruction of traditional principles of ownership, the abuse of education, education, science and culture for political and ideological purposes, the unscrupulous destruction of nature,
and declares that in its further activities it will be based on this law.
(1) The Communist regime and those who actively promoted it,
(a) deny citizens any freedom of expression of political will, force them to hide their views on the situation in the state and society, and force them to publicly express their consent to what they thought was a lie or a crime, either through persecution or through the threat of persecution against themselves, their families and loved ones;
(b) systematically and consistently infringed human rights, particularly seriously repressing certain political, social and religious groups of citizens;
(c) infringes the fundamental principles of the democratic rule of law, the international treaties and its own laws and thereby effectively put the will and interests of the Communist Party and its representatives above the law;
(d) use all power tools to persecute citizens, in particular:
- execute, murder and prison them in prison and forced labour camps, investigate and use brutal methods against them at the time of imprisonment, including physical and psychological torture and exposure to inhuman suffering,
- deprive them of their property and violate their property rights,
- make it impossible for them to pursue employment, occupation or function and achieve higher or vocational education,
- prevent them from travelling freely abroad or from returning freely,
- call them for military service in Auxiliary Technical Battalions and Technical Battalions for an unlimited period,
(e) in order to achieve its objectives, it did not hesitate to commit crimes, to allow them to be committed without penalty, and to give unjustified advantages to those involved in crime and persecution;
f) He has contacted a foreign power and since 1968 he has maintained that state through its occupying forces.
(2) The crimes committed and other facts referred to in paragraph 1 are fully co-responsible for those who promoted the Communist regime as officials, organisers and promoters in both political and ideological areas.
(1) In particular, for the facts set out in Paragraph 1 (1) of this Act, the regime based on communist ideology, which decided on the governance of the state and the fate of the citizens in Czechoslovakia from 25 February 1948 to 17 November 1989, was criminal, illegitimate and repugnant.
(2) The Communist Party of Czechoslovakia was a criminal and repugnant organisation, like other organisations based on its ideology, which in their activities aimed at suppressing human rights and the democratic system.
The opposition of citizens against this regime, either individually or in a group based on a democratic belief of political, religious or moral, or by any other activity or knowingly and publicly expressed, in the territory of the state and abroad, including in conjunction with a foreign democratic power, was legitimate, fair, morally justified and worthy of respect.
Anyone who has been unfairly affected and persecuted by the Communist regime and has not been involved in the facts referred to in Paragraph 1 (1) of this Act deserves participation and moral satisfaction.
The limitation period for criminal offences shall not include the period from 25 February 1948 to 29 December 1989, unless, for political reasons incompatible with the fundamental principles of the rule of law of a democratic state, there has been a final conviction or acquittal.
On application, the court shall abolish or reduce the sentence imposed for an offence not covered by rehabilitation under Act No. 119 / 1990 Coll., on judicial rehabilitation, as amended, if it is demonstrated during the proceedings that the conduct of the sentenced was aimed at protecting fundamental human and civil rights and freedoms by not manifestly disproportionate means. For the purposes of this procedure and subsequent compensation, the provisions of § 4 et seq. of Act 119 / 1990 Coll., on judicial rehabilitation shall apply mutatis mutandis.
State rehabilitation bonds, issued by citizens who are entitled to compensation under § 23 paragraph 5 of Act No. 119 / 1990 Coll., on judicial rehabilitation, are due until the end of 1995.
(1) The Government is empowered by regulation to remedy certain injustices committed against the opponents of the Communist regime and persons affected by its persecution in the field of social, health and financial affairs.
(2) By regulation, the Government will increase the pension supplement to mitigate certain injustices caused by the Communist regime in the social sector (1), in the same way and at the same time as the percentage rate of pensions is increased under the Pension Insurance Act.
(1) Paragraph 8 (2) shall not apply in the event of an increase in pension payments by an exceptional date in June 2023.
(2) The pension supplements belonging to the Government Regulation No. 622 / 2004 Coll., on the grant of a supplement to the pension to alleviate certain injustices caused by the Communist regime in the social field, as amended by Government Regulation No. 405 / 2005 Coll. and Government Regulation No. 369 / 2007 Coll., hereinafter referred to as "the supplement" and awarded before 1 June 2023, are increased by 11,5% of the amount of the supplement due on the date on which the supplement increases. The allowances shall be increased from the payment of the pension with which they are paid due after 31 May 2023.
(3) For the purposes of this Regulation, the following definitions apply:
(4) After the increase referred to in paragraph 2 or paragraph 3, the amount of the premium shall be rounded up to the full crown.
This Act shall take effect on 1 August 1993.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Government Decree No. 622 / 2004 Coll., on the provision of a supplement to pensions to mitigate certain injustices caused by the Communist regime in the social field, as amended.
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Regulation Information
| Citation | Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.1993 |
|---|---|
| Effective from | 01.08.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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