Decree No. 23 / 1946 Coll.
Decree on the full text of the law on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts
Valid
23.
Decree of the Minister for the Interior
of 18 February 1946
on the full text of the law on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts.
Pursuant to Article III of the Law of 24 January 1946, No 22 Coll., approving, amending and supplementing the provisions on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts, I declare the full text of the decree 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 the regulation of that Act.
Nosek v. r.
Annex to Decree No 23 / 1946 Coll.
Law
of 24 January 1946
about punishing Nazi criminals, traitors and their helpers and extraordinary people's courts.
Strict justice is called for by the unheard-of crimes committed by the Nazis and their treacherous accomplices in Czechoslovakia. 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. Therefore, the Provisional National Assembly of the Czechoslovak Republic decided on this law:
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 (§ 6, No 1, 2 and 3) and violence against constitutional actors (§ 10, No 1), punishable by a heavy prison 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 the Code, 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 ten to 20 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, Germany or its allies, and he who has cooperated in the issue and enforcement of such a regulation, is punishable, if the crime is not committed more strictly by criminal penalties, by a heavy prison of five to ten years.
(2) However, if he was forced to work abroad or in circumstances or in 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 dungeon of 10 to 20 years.
(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 population of the Republic, the court may impose a severe prison sentence from 20 years to life, in particular 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) Who, at the same time and in the same circumstances, for the same purpose and in the same way, caused 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, serious harm to the body of a citizen of the Republic with the consequences referred to in § 156 of Criminal Law No 117 / 1852, and § 306, 307 of the Criminal Law of Law No V / 1878, or his deportation, is punishable by death.
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, paragraph 2 of arson (§ 166) under the circumstances and consequences under § 167 (a), robbery (§ 190) under the circumstances and with consequences under § 195,
(b) pursuant to criminal law, Article V / 1878 of the arson crime (§ 424), robbery (§ 344 and 345), in the circumstances and with consequences pursuant to § 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.
Under this law, 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 act under this law is not justified by the fact that it was ordered or permitted by regulations other than Czechoslovak law or by the authorities established by State authority other than Czechoslovak law, without being justified by the fact that the offender 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 leader does not exonerate the guilt of anyone who voluntarily became a member of the organization, their membership imposed on everyone, even a criminal order.
If they judge the crime court in this law and do not waive the sentence (§ 16 (2)), they will 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 honorary badges, 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 crime under this law 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.
Criminal offences under this law are considered to be particularly repulsive within the meaning of § 1, paragraph 1 of the Act on State Prison of 16 July 1931, No. 123 Coll.
The prosecution of criminals, punishable under this law, 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. For 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 itself with a heavy prison from one year to ten years, but if this law itself imposes the death penalty on the crime, a heavy prison from five to twenty years;
3. other crimes are punishable by severe imprisonment
(a) 10 to 20 years of age, if the law itself imposes the death penalty on crime, or a heavy dungeon for more than 20 years;
(b) from one year to ten years of age, if this law itself imposes a lower penalty on crime.
Extraordinary folk trials.
(1) Exceptional People's Courts are responsible for judging all criminal offences under this law, 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 if they are not 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) The President of the Republic shall appoint special folk courts, their deputy and professional judges (paragraph 1) on the proposal of the Government from the lists of persons drawn up 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.
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 its authority, by the Minister of Justice for certain periods, for certain cases, or for the entire duration of the activities of prosecutors or other persons who have obtained a doctorate or have passed three legal examinations, but at least a judicial examination, if they are included 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 procedure before the courts of the people apply to the proceedings before the courts of the people, in the regulation made in Sections 26 to 31 of this Law. Where the law 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 the court of the State pursuant to Act No. 68 / 1935 Coll., or before the regional court responsible for the trial of military treason pursuant to Act No. 130 / 1936 Coll. and W.v. No. 238 / 1937 Coll. This court will re-examine the case by the ordinary procedure, in which the substantive legal provisions of this law apply (§ § 1 to 20), as well as when the guilty person 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 to the attention of the General by an interpretation of the plaintiff's actions to blame 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 law 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, which shall be governed by the applicable rules on ordinary proceedings, unless otherwise provided for in that law.
(2) If the plea of guilt in a crime to which this law imposes the death penalty is relied on 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.
(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) Against the judgment of extraordinary folk courts or appeals. 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) If the extraordinary People's Court recognises the death penalty against several persons, it will also determine the order in which the sentence is to be executed. He can also decide that the death penalty will be executed publicly. In particular, they do so when the crude way in which the crime was committed, or the perverse nature of the perpetrator, the number of his crimes or his position speaks for the public enforcement of the sentence. In this case, in order to ensure the public execution of the sentence, the court may extend the period of two hours (paragraph 2), but not more than 24 hours.
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.
The effectiveness of this Act shall be fixed from the date of publication *) for a period of one year, but would be amended or supplemented by the relevant legislative institutions, or shortened or extended by its duration.
The implementation of this law is entrusted to all members of the government.
*) It is understood from the date of publication of Decree No. 16 / 1945 Coll., i.e. from 9 July 1945.
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Regulation Information
| Citation | Decree No. 23 / 1946 Coll., on the full text of the Act 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 | 19.02.1946 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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