Act No. 34 / 1946 Coll.
Law defining the term "Czechoslovak guerilla"
Valid
Effective from 04.03.1946
34.
Law
of 14 February 1946
defining the term "Czechoslovak guerilla '.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The Czechoslovak guerilla is a state-reliable Czechoslovak national who before May 10, 1945
1. belong for at least two months or, in particularly dangerous circumstances, for at least one month to a unit developing at the rear of the enemy a combat or harmful activity against Nazi or fascist occupants or their helpers (i.e., the guerrilla unit) involved in at least one action with a weapon or with destructive means; or
2. regardless of the time given under number 1 as a member of the guerrilla unit
(a) in the context of the activity listed there, he has lost his life, was badly injured or had a life-threatening illness, unless death, severe injury or life-threatening illness caused by a gross violation of the duties of a member of the guerrilla unit; or
b) performed a heroic act or deserved a unit in an excellent way.
(2) The Czechoslovak guerrilla is not, while complying with the conditions of paragraph 1, but has committed, at a time when it belonged to the guerrilla unit of the criminal or other rejective act of low or dishonest nature, or has abandoned its unit of intent.
(1) In particular, persons who have collectively or individually engaged in activities against national sovereignty, independence, integrity or democratic-Republican state form, security and defence of the Czechoslovak Republic, who have encouraged or otherwise sought insecurity or have deliberately supported in any way the German or Hungarian occupants, for example members of the Flags, Roddefense, Hlinko Guard, Hlinko Guard, the Head of the Association for the Cooperation with Germans, the Czech League against Bolshevism, the Kuratorios for the Education of Czech Youth, the Hlinko Slovakian Jud Party, the Hlinky Guard, the Hlinky Youth, the National Union Headquarters for Employment, the Association of Agriculture and Forestry, the German-Slovak Society and other fascist Organisations of a similar nature, unless they have been seconded to such organisations or groups.
(2) The State reliability of military persons active in the service, retired persons active in the service, as well as persons serving the service and other active services, is assessed separately by the Ministry of National Defence. With regard to other persons, the Ministry of Defence shall decide in agreement with the Ministry of Interior.
The condition of Czechoslovak citizenship (§ 1) is fulfilled if the person concerned is a Czechoslovak State citizen at least at the time of the application pursuant to § 5, paragraph 1.
(1) The service in the guerrilla unit shall begin on the date of admission (incarnation, inclusion) into that unit, and shall be the first day of the month in which the preparatory work began.
(2) After joining the service in the guerrilla unit, the period referred to in § 1 (1), § 1, No 1 is added to:
(a) the period of necessary separation from the unit as a result of a combat situation, by order of the commander of the unit or of other serious causes;
(b) the duration of the incapacity to serve due to injury or illness, provided that the person concerned has not committed a serious breach of the duties of a member of the Partisan unit;
(c) the period of captivity, which has been most extreme.
(3) The time spent in the various guerrilla units is to be added unless the transfer from one unit to another has become without serious cause.
(1) The Ministry of National Defence will issue a confirmation of who the Czechoslovak guerrilla is to the person who asks and proves that it complies with the conditions of § 1, after hearing the Association of Czech Guerrillas in the National Revolution Association in the Czech and Moravian-Silesian and Sväzu countries of Slovak partisans in Slovakia. If the person thus entitled is no longer alive, the certificate shall be issued to the person who asks for it and proves that he has a legal or moral interest in its issue and that he is of statewide reliability.
(2) In the application referred to in the previous paragraph, the personal data of the person for whom the certificate is to be issued, as well as the circumstances from which it would be apparent that the conditions of this law are there for the recognition of the Czechoslovak guerrilla and for the issue of the certificate (paragraph 1).
(3) In accordance with paragraph 1, the Ministry of National Defence shall be bound only by the final judgment of the criminal court. Where it is justified to consider that the decision to issue the certificate referred to in paragraph 1 depends on the outcome of the criminal proceedings, the outcome of the proceedings shall be pending. If criminal proceedings are not yet in place in such cases, the Ministry of Defence shall initiate them.
(4) If it is further apparent that the certificate referred to in paragraph 1 should not have been issued, the Ministry of National Defence shall declare it invalid and request its repayment.
(1) Anyone who knowingly imposes himself or another wrongfully as a Czechoslovak guerrilla will be punished - if not for a criminal offence to the courts - by the District National Committee for a fine of up to 50,000 CZK or a prison sentence of 6 months or both.
(2) In the same way, it shall be punished who, in the submissions (applications, their annexes, proposals, notifications and other communications) and the minutes relating to the confirmation referred to in Article 5 (1) knowingly mentions or confirms false circumstances, or who, at the invitation of the Ministry of National Defence within 14 days, will not return the certificate which was declared invalid (§ 5 (4), although he may have done so.
(3) If a fine has been imposed, a replacement prison sentence shall also be imposed in the event of imperfections, according to the degree of guilt within the limits of the rate of the sentence at liberty. If, in addition to the fine, a punishment has been imposed on the free, the sentence on the free, together with the replacement penalty, must not exceed the maximum limit of the rate of punishment on the free.
(4) The fines are for the State.
(5) If any of the impersonations of the Czechoslovak guerrillas have come into existence before the law is effective, they will be taken away.
The courts, public authorities and authorities shall comply with the request of the Ministry of National Defence in respect of matters relating to the issue (repayment) of the certificate referred to in Article 5 (1).
The lodging required for the implementation of this Act, the confirmation referred to in Article 5 (1) and the relevant official acts shall be exempt from fees and charges for official acts.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister for Defence in agreement with all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
Gen. Svoboda v. r.
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Regulation Information
| Citation | Act No. 34 / 1946 Coll., defining the term "Czechoslovak guerilla" |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.03.1946 |
|---|---|
| Effective from | 04.03.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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