Decree No. 30 / 1945 Coll.
Decree of the Minister of the Interior on the validity of the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 of the Official Journal, on the renewal of the legal order.
Valid
Effective from 08.08.1945
30.
Decree of the Minister for the Interior
of 27 July 1945
on the validity of the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 of the Official Journal, on the restoration of legal order.
According to Article 2 of the Constitutional Decree of the President of the Republic of 23 June 1945, No 22 Coll., on the publication of laws, issued outside the territory of the Czechoslovak Republic, I declare:
According to the Resolution of the Government of the Czechoslovak Republic of 27 July 1945, the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 of the OJ, on the restoration of the legal order, in force, remains in force only in the Czech and Moravian-Silesian countries and takes effect on 5 May 1945, but with the exception of:
(a) the second sentence of Article 2 (1) as regards the rules on personal and family law, which shall take effect three months after the entry into force of this Decree;
(b) the provisions of Article 3, second part of the sentence, which shall take effect on the 15th day following the entry into force of this decree; and
(c) the provisions of Articles 6 and 9 (2) and (3) in the absence of judicial decisions in criminal matters, the beginning of which will be determined in particular.
The Constitutional Decree No 11 / 1944 of the OJ shall be published in the Annex.
This decree shall take effect on the day of its publication.
Nosek v. r.
Annex to Decree No. 30 / 1945 Coll.
Constitutional Decree of the President of the Republic
of 3 August 1944
No 11 OJ No L 347, p.
on the restoration of legal order,
as amended by the Law of 19 December 1945, No 12 Coll. of 1946 approving, supplementing and amending the provisions on the renewal of legal order.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
The Provisional National Assembly approves and reacts as a law of the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 of the OJ (Annex to Decree No. 30 / 1945 Coll.), on the restoration of legal order, with amendments and additions to that Act.
General legal standards.
Home rules.
(1) The constitutional and other legislation of the Czechoslovak State, issued until 29 September 1938 inclusive, comes from the free will of the Czechoslovak people and is a Czechoslovak legal order.
(2) Regulations issued in the field of these rules at the time the Czechoslovak people were deprived of their freedom (period of non-freedom) are not part of the Czechoslovak legal order. The period of deprivation shall be from 30 September 1938 until the date to be determined by a government decree.
(1) By the will of the Czechoslovak legislature, it shall continue to apply from the provisions referred to in paragraph 2 of Article 1, those which do not oppose their content to the wording or democratic principles of the Czechoslovak Constitution (constitutional instruments, its components and the laws amending it and supplementing it, issued by 29 September 1938). However, regulations from the period of infreedom from criminal law, criminal proceedings, personal law and family law are completely excluded from application.
(2) The law will determine when the transitional period referred to in paragraph 1 ends.
The Court of First Instance or the Administrative Office, which is a matter of law, shall decide whether the non-freedom rule complies with the provisions of Article 2 (1); in so doing it shall state the reasons for its decision on the question referred for a preliminary ruling.
The Government hereby authorises, until the National Assembly has decided, its Regulations on the applicability of the rules of the period of non-freedom to extend or abolish them.
The state regulations of a foreign establishment.
(1) The Constitutional Decree of the President of the Republic of 21 July 1940 on the establishment of the State Council as an advisory body of the Provisional State Constitution of the Czechoslovak Republic (number 1 of the Official Journal of the Czechoslovak Republic, issued in London, 4 December 1940) and the Constitutional Decree of the President of the Republic of 15 October 1940 on the provisional exercise of the powers of the legislature (number 2 of the Official Journal of the Czechoslovak Republic), as well as all other decrees of the President of the Republic, issued in accordance with paragraph 2 of Decree No 2 / 1940, are not affected by the provisions of Article 1, paragraph 2 of this Constitutional Decree, but shall be subject, together with the Regulations provided for in Article 4, to the additional approval by the relevant constitutional officials (ratihabice).
(2) Decrees of the President of the Republic, issued pursuant to paragraph 2 of Constitutional Decree No 2 / 1940, if they do not apply for a shorter period of time according to their content, shall cease to be valid for a further period of six months after the date of the meeting of the National Assembly, unless they have already been repealed or amended or re-approved and declared as laws.
The Provisional National Assembly approves and declares as a law the Constitutional Decree and the Decree of the President of the Republic, issued pursuant to Article 2 of the Constitutional Decree of 15 October 1940 of the President of the Republic, No 2 of the OJ (No 20 / 1945 Coll.), on the provisional exercise of the legislative power, including, if not already so, the Constitutional Decree.
All decrees of the President of the Republic shall be regarded from the outset as a law; Constitutional decrees shall be regarded as constitutional law.
The territorial and temporal validity of the provisions in the preceding paragraphs shall remain unchanged.
(3) Also the decrees of the President of the Republic, designated as constitutional, including this constitutional decree, may be abolished or amended by law alone. However, this provision is without prejudice to the provisions of Article I of the Law establishing the Constitutional Charter No 121 / 1920 as regards constitutional laws issued by 29 September 1938.
(4) Regulations issued abroad by the President of the Republic pursuant to paragraph 64, paragraph 1 (10) of the Constitutional Charter and the Government under paragraph 55 of the Constitutional Charter are not affected by the provisions of Article 1 (2).
The judgments of the courts and administrative offices.
General rules on judgments of courts and administrative offices.
(1) All and the authentic judgments of the courts and the public administration which have been given during the period of infreedom, even if the general provisions of the period up to and including 29 September 1938 do not permit, at the request of the parties, to be annulled or amended in the following cases:
(a) it has been issued in accordance with regulations transposing the wording or democratic principles of the Czechoslovak Constitution (Article 2 (1));
(b) if they are directed towards the objective of Czechoslovak law prohibited. For the reasons set out here, decisions taken in the absence of liberty may be revoked or amended, even in cases where a decision has been taken without a law,
(c) if, for exceptional periods of infreedom, the party has been prevented or made difficult to bring evidence to proceedings or to carry out proceedings, or if pressure has been placed on the parties involved.
(2) The provisions of paragraph 1 (a) and (b) do not apply to decisions relating to public benefits, public credit and financial organisational measures.
(3) On the grounds that the parties involved have been put under pressure, decisions taken at a time of deprivation may be revoked or amended in accordance with paragraph 1 (c), where they have not been decided by law or as they would have been decided at a time of freedom under a fixed rule,
(a) because a party or a person close to it has been mistreated or has been caused by damage to the body, freedom, honour, property or earnings, or has been threatened by such damage and the party, for that reason and for the circumstances of the period of infreedom, has been unable to properly defend its interests; or
(b) because the witness or expert to whom or to whose close persons such coercion has been brought in proceedings has not, for that reason and for the circumstances of the period of deprivation, given the correct or complete testimony or judgement; or
(c) because the judge or official who carried out the proceedings or took the decision acted under such coercion or acting under the instructions of the staff or the orders of the occupying authority.
(4
(5) A Party may propose the revocation or amendment of a decision pursuant to paragraph 1 (a), (b), (c) by 17 June 1949 at the latest. Within the same period, the administrative authority shall notify the parties that it has established the procedure in order to amend or revoke the decision ex officio in accordance with paragraph 2 of this Article.
(1) Article 6 does not apply to the official decisions of the authorities of the State establishment of foreign courts and to the judgments of the Polish courts established pursuant to the Decree of the President of the Republic of 26 October 1940 on the Czechoslovak courts, No 5 of the Official Journal of the Czechoslovak Republic.
(2) Time limit for lodging a complaint before the Supreme Administrative Court on the decision of the administrative authorities of the State of Foreign Affairs (Section 14 of the Law on the Supreme Administrative Court as amended by Act No 164 / 1937), the time limit for seeking redress in the operative part of those offices on private claims (Section 2 of the Act implementing Section 105 of the Constitutional Act No 217 / 1925) and the time limit for requesting the application for an emergency recovery of the field criminal proceedings (Section 483 of the Military Code as amended by the Law on Military Regional Criminal Procedure No 115 / 1937) shall begin one year after the date of the end of the non-freedom.
(1) The government regulation may simplify the applicable rules on administrative management, provided that they are used in the procedure for the annulment or amendment of a public administration decision pursuant to Article 6.
(2) Similar rules for judicial proceedings will be laid down by law. In particular, the law will determine in which cases the court may entrust the claimant (s) with the possession of a movable case or place him in possession of a real estate case before the judgment on the substance of the case, even if the general conditions for authorising execution or provisional measures are not met.
Special rules on criminal sentences and findings.
(1) In addition to the provisions contained in the previous section, the provisions of this section apply to criminal judgments and findings.
(2) Since the beginning, criminal sentences have been the judicial and criminal findings of administrative findings, which have been issued during the period of infreedom by which someone has been found guilty and convicted of an act which is not criminal under Czechoslovak law. The Court of First Instance (Office), by analogy with the provisions on the resumption of proceedings, declares the void by order. The provisions of this paragraph shall apply in respect of administrative criminal offences only in cases where the offence has been committed mainly for the purpose of contributing or assisting the perpetrator to the liberation of the Czechoslovak Republic by persons who themselves or those close to him have been persecuted for reasons of national, racial or political or threatened with such persecution.
(3) If, at the same time, someone has been recognised by a guilty act which is punishable under Czechoslovak law, but has been sentenced to a more severe sentence than that imposed by Czechoslovak law, the operative sentence shall be the operative sentence or the proposal to amend it to comply with Czechoslovak law. The provisions of this paragraph shall not apply to administrative criminal offences.
(4) If the occupant or the person cooperating with him at the same time has committed an act which is punishable under Czechoslovak law and has been acquitted of an indictment for that act, or has been sentenced to a lesser penalty than that imposed by Czechoslovak law, the judgment on the application of the public prosecutor shall be annulled and new criminal proceedings executed.
(1) If, at the time of infreedom, a person has been convicted by a criminal court or administrative office of action, a criminal offence under Czechoslovak law, it is a condemning judgment (finding) to lift the application if the offence was committed with the intention that the offender should contribute to the liberation of the Czechoslovak Republic.
(2) The application shall be decided by the court (office), by analogy with the provisions governing the renewal of proceedings.
(1) If the circumstances which justify the application to declare the void of the condemning judgment (finding) pursuant to Article 9 (2) or the application for annulment of the judgment (finding) pursuant to Article 10 are confirmed, the sentenced shall be released immediately from custody.
(2) The same shall apply in the cases of Article 9 (3) if it is certified that the sentence imposed by Czechoslovak law is still being enforced.
(3) If the applicant is informed of the circumstances which the application may justify in favour of the defendant, he shall be obliged to submit the relevant applications immediately.
Reservation of special regulations.
The law specifically sets out how the damage caused by the exceptional circumstances of the period of infreedom will be remedied and how cases in which it is not possible or, in the interests of economic and social recovery, it is not expedient to return to the original situation.
The courts and offices set up in a time of unfreedom.
(1) The Government shall lay down, by regulation, the temporary offices of courts and administrative offices set up in a period of deprivation and to what extent.
(2) The documents of the courts and administrative offices set up in the period of infreedom for the exercise of judicial and public administration in the territory of the Czechoslovak Republic, which have not been given a decision pursuant to the preceding paragraph, are to be handed over without delay to the Czechoslovak Court or to the Office of the case locally and factually.
(1) This law takes effect on the day of publication and is valid only in Czech and Moravian-Silesian countries.
(2) The Government is empowered to provide by regulation that the provisions of this Act, including those of the Decree cited, also apply in Slovakia.
(3) This Act will be implemented by all members of the Government.
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Regulation Information
| Citation | Decree No. 30 / 1945 Coll., on the validity of the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 OJ No, p. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.1945 |
|---|---|
| Effective from | 08.08.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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