Decree No. 3 / 1945 Coll.
Decret of the President of the Republic amending and supplementing certain provisions of the Military Criminal and Defence Law
Valid
Effective from 30.04.1945
3.
Decret of the President of the Republic
of 23 April 1945
amending and supplementing certain provisions of the Military Criminal and Defence Law.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
Paragraph 194 of the Military Criminal Act is added to the following paragraph:
"(2) In addition, at the time of the war, the defection of the death penalty will be forfeited by the shooting, if the commander-in-chief of the rising defection has recognised the need to threaten this sentence without declaring martial law, and if he fled through this known threat from any military unit intended to avoid service in the field. This is true even if he could not otherwise be condemned to the death penalty, because he voluntarily came or applied (§ 195 a)."
Paragraph 294 of the Military Criminal Act is added to the following paragraph:
"(2) But in times of war, crime is punishable by the death penalty by shooting, if the chief commander of the rising self-harm has recognised that it is necessary, even without the declaration of martial law, to threaten this punishment and if the perpetrator of this crime has committed himself through this known threat."
Paragraph 295 of the Military Criminal Act is added to the following paragraph:
"(2) In the time of war, crime is punishable by this prison from five to ten years of age, but by the death penalty by the shooting, if the chief commander of the rising self-harm has recognised that it is necessary, even without declaring martial law, to threaten this punishment and if the perpetrator of this crime has committed himself through this known threat."
The sentence of freedom, set out in § 50 of the Law of the Czechoslovak Republic of 19 March 1920, No. 193 Coll. for disobeying a call for active service for mobilization, is increased to a rigid prison of up to five years.
The effectiveness of this decree is the day of its publication.
The Minister for National Defence is responsible for implementing this decree.
Dr Eduard Beneš v. r.
Zd. Fierlinger v. r.
Gen L. Svoboda v. r.
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Regulation Information
| Citation | Decree No. 3 / 1945 Coll., amending and supplementing certain provisions of the Military Criminal Act and the Defence Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1945 |
|---|---|
| Effective from | 30.04.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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