Act No. 34 / 1948 Coll.
Law on the revision of criminal proceedings in certain cases of wrongdoing against national honour
Valid
Effective from 02.04.1948
34.
Law
of 25 March 1948
on the revision of criminal proceedings in certain cases of wrongdoing against national honour.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) In cases where criminal proceedings for a criminal offence pursuant to Article 1 of the Decree of 27 October 1945 of the President of the Republic, No 138 Coll., on the punishment of certain offenses against national honour, the criminal proceedings for the offence may be terminated by a final decision before the date of application of this law, to review the proceedings. The opening of the revision has the effect of initiating criminal proceedings under Decree No. 138 / 1945 Coll.
(2) No separate appeal shall be admissible against the initiation of the revision of the procedure referred to in paragraph 1.
In criminal proceedings carried out pursuant to Article III (1) of the Law of 19 December 1946, No 246 Coll., amending the provisions of the Decree of the President of the Republic on the punishment of certain crimes against national honour, a court which was not definitively terminated before the date of application of the Act, the competent district national committee continues. That district national committee may take the measures provided for in Paragraph 1 (1) also in cases where judicial proceedings carried out in accordance with the first sentence have ended in a judgment which acquits or is terminated.
The District National Committees may open and conduct criminal proceedings in accordance with Article 1 of Decree No 138 / 1945 Coll. even if such proceedings have not yet been initiated if the relevant files were in the court, public prosecutor or administrative authority on 31 December 1947, in the case of offences committed abroad no later than 30 June 1948.
The limitation of an offence shall not prevent proceedings under paragraphs 1 to 3. Such proceedings may not be opened after 31 July 1948.
Proceedings before the national committees under this law shall be regulated by the Minister of the Interior by directives published in the Official Journal of the Republic of Czechoslovakia. These directives are binding on national committees.
The criminal findings at which the county national committees decided on the matters referred to in § 1 of Decree No. 138 / 1945 Coll. not later than 4 May 1947, but which were only delivered after that date, shall be deemed to have been delivered in time.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; It shall be carried out by the Home and Justice Ministers.
Dr Beneš v. r.
Gottwald v. r.
Nosek v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 34 / 1948 Coll., on the revision of criminal proceedings in certain cases of wrongdoing against national honour |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.04.1948 |
|---|---|
| Effective from | 02.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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