Act No. 245 / 1946 Coll.
Law amending and supplementing the decrees of the President of the Republic on the extraordinary people's judiciary and extending their effectiveness
Valid
Effective from 09.01.1947
245.
Law
of 18 December 1946
amending and supplementing the decrees of the President of the Republic on the extraordinary people's judiciary and extending their effectiveness.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
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 folk courts, as amended by the Law of 24 January 1946, No 22 Coll., is amended as follows:
1. the following Section 22 (a) is inserted after Section 22:
(1) It is a civic duty to accept and hold the office of judges of the people. If the judge of the people breaks this obligation without serious reasons, in particular by not showing up for the main trial without sufficient excuse, even if he has been duly served, or by being absent from the hearing without the agreement of the President of the Senate before the end of the main trial, the President shall impose a fine of up to 10 000 CZK or a prison within eight days and, as the case may be, compensation for the missed trial. This finding may be objected to within eight days by the affected person, which shall be decided definitively by the notary of the special folk court.
(2) The fine falls to the Treasury. "
2. the following sentence shall be added to Paragraph 29 (1):
"However, four votes are needed for a resolution which reduces the penalty below the lower limit of the rate or confused it with a more moderate or waived penalty (§ 16 (2))."
3. the following sentence shall be added to Paragraph 29 (2):
"Paragraph 1, sentence two, applies here."
4. § 31, paragraph 1, the first sentence shall be:
"There are no proper appeals against the judgment of extraordinary folk courts."
Article 5 (31), paragraph 3 shall read as follows:
"(3) A mistrial for maintaining the law is admissible."
6. Paragraph 31 is added to paragraph 4:
"(4) An application for the renewal of criminal proceedings shall be decided by the Court of Appeal of the First Chamber, in whose seat an extraordinary People's Court is established, which has decided on the matter. In doing so, it shall be governed by the provisions of the Criminal Code on the renewal of criminal proceedings. However, the new main trial shall be held before an extraordinary People's Court under the conditions set out in Paragraph 21. '
7. The following paragraph 3 is added to Paragraph 32:
"(3) If the offences referred to in this Decree are to be brought before the ordinary court and if the action which would otherwise be required to be tried by the jury is to be the subject of the proceedings before the Court of First Instance in accordance with the rules on the action ordered by that court. '
The Decree of the President of the Republic of 19 June 1945, No 17 Coll., on the National Court, is amended as follows:
1. § 12, paragraph 1, the first sentence shall be:
"The main trial before the National Court shall be initiated after the case has been brought and the General's findings have been established by reading the file or the indictment (§ 8 (4)) and shall, as a general rule, be terminated within 14 days of the initiation."
2. the following sentence shall be added to Paragraph 13 (1):
"However, five votes are required for a resolution which reduces the penalty below the lower limit of the rate or replaces it with a more moderate or waived penalty (§ 16 (2) of the Retributional Decree)."
3. the following sentence shall be added to Paragraph 13 (3):
"Paragraph 1, sentence two, applies here."
4. § 15 will sound:
(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 retrial. '
(5) Article 16 (3) shall be deleted;
The effectiveness of Decree No. 16 / 1945 Coll., as amended by Act No. 22 / 1946 Coll., and Decree No. 17 / 1945 Coll., as extended by the Act of 8 July 1946, No. 149 Coll., on the extension of the Decree of the President of the Republic on Exceptional People's Justice, is further extended until 4 May 1947.
The Minister of Justice is ordered to amend and publish in the Collection of Laws and Regulations the full text of Decree No. 16 / 1945 Coll., as amended by Act No. 22 / 1946 Coll., and the full text of Decree No. 17 / 1945 Coll., as resulting from the amendments made by this Act.
This Act shall take effect on 9 January 1947; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr Zenkl v. r.
Dr Šrámek v. r.
Ursines v. r.
Fierlinger v. r.,
also on behalf of Minister Masaryk and Secretary of State Dr. Clementis
Broad v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Lichner v. r.
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Regulation Information
| Citation | Act No. 245 / 1946 Coll., amending and supplementing the Decrees of the President of the Republic on Exceptional People's Judicial Justice and extending their effectiveness |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1946 |
|---|---|
| Effective from | 09.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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