Decision of the President of the Republic No 43 / 1965 Coll.
Decision of the President of the Republic on amnesty
Valid
43
Decision
President of the Republic
o amnesty
Using the law given to me by the Constitution,
amnesty:
I forgive the punishments which have been or will be imposed by the Court of First Instance in respect of offences committed before the date of this decision,
1. Penalties for corrective action with the effect that on the date of this Decision the perpetrator is regarded as not being convicted,
2. sentences of imprisonment, the execution of which has been, or will be, suspended on condition, with the effect that the offender is treated on the date of this decision as if he were not convicted,
3. Penalties for imprisonment not exceeding 1 year,
4. prison sentences not exceeding 2 years, if the perpetrator
(a) a woman who is pregnant or caring for a child under 15 years of age on the day of this Decision;
(b) a man who is older than 65 years of age on the day of this decision or a woman who is older than 60 years of age on the day of that decision;
5. out of prison sentences exceeding one third but not exceeding five years,
6. out of prison sentences exceeding 2 years and not exceeding 5 years, part of the sentence of 2 years, if the offender is:
(a) a woman who is pregnant or caring for a child under 15 years of age on the day of this Decision;
(b) a man who is over 65 years of age on the day of this decision or a woman who is over 60 years of age on the day of that decision.
If the sentence of imprisonment or the remainder of the sentence, as referred to in Article I (3), (4), (5), (6), has been committed for more than 6 months, it shall be forgiven on condition that the sentenced person has not committed an intentional offence within 3 years of the date of this Decision.
I hereby dismiss the prison sentences imposed by the Court of First Instance for crimes committed before the date of this Decision.
1. Convicted persons who, on the day of this Decision, are continuously in the execution of a sentence of more than 10 years, half of the outstanding remainder of the sentence,
2. Convicts who are continuously more than 15 years in the execution of the sentence on the day of this decision, the whole outstanding remainder of the sentence.
Article III shall also apply to convicted persons who have been suspended for reasons not attributable to them.
The sentence referred to in Article III (2) shall be remitted of the remainder of the sentence, provided that it does not commit an intentional offence within 7 years of the date of this decision. However, if the remainder of the sentence does not exceed 3 years, I shall set the probationary period for 3 years.
Article III shall not apply to offenders of offences committed between 21 May 1938 and 31 December 1946 (at the time of increased threat to the Republic) in favour or in the service of the occupants.
Article I and III shall not apply:
1. to the crimes of murder pursuant to § 219 (3), robbery pursuant to § 234 (3), general threat pursuant to § 179 (3), assault on public officials pursuant to § 155 (3), theft of assets in socialist property pursuant to § 132 (2), (3), (4), speculation pursuant to § 117 (3) (a), violation of the rules on the circulation of goods in contact with foreign persons pursuant to § 124 (3) (a), theft of foreign-exchange holdings pursuant to § 146 (3) (a), disorderly conduct pursuant to § 202 (3) (4) and to similar offences under the previous laws,
2. the offences of non-service in the armed forces pursuant to § 269 of the Act, the harassment and coercion of the military obligation pursuant to § 275 of the Act, the violence against the superior pursuant to § 279 of the Act, the defection pursuant to § 282 of the Act and the defection of abroad pursuant to § 283 of the Act,
3. to offences committed in the course of carriage under the influence of alcohol, where such an act has resulted in serious harm to health or death;
4. the total and aggregate (supplementary) penalties, where one of the collectible offences is the offence referred to in paragraph 1, 2 or 3;
5. To persons who, in the last 10 years before the date of this Decision, have been finely charged with criminal offences, at least twice the prison sentence.
1. To those sentenced to whom I have waived prison sentences or remnants pursuant to Article I (1) of the Amnesty Decision of 9 May 1960, I forgive the remainder of the probationary period.
2. To those sentenced to whom I have waived prison sentences or remnants pursuant to Article 1 and Article 2 of the Amnesty Decision of 9 May 1962, I shall shorten the ten-year probationary period to five years.
1. I hereby order against persons who, without authorisation before the date of this Decision, have left the territory of the Republic or, where appropriate, without authorisation, remain abroad and thereby commit a criminal offence to leave the Republic pursuant to Paragraph 109 (3) of the Act or a similar offence under the laws previously in force, not to be prosecuted for that offence, and if it has already been initiated to be stopped if they voluntarily return or return voluntarily to the Czechoslovak Socialist Republic until 31 December 1965.
2. I shall forgive the prison sentences imposed for the offence referred to in paragraph 1, or any outstanding remnants of those who have voluntarily returned, or return voluntarily to the Czechoslovak Socialist Republic by 31 December 1965.
I'm ordering the Minister of Justice to bring to my decision the cases of the convicted
1. persons suffering from a severe incurable disease;
2. men who are over 65 years of age on the day of this Decision and women who are over 60 years of age on the day of this Decision,
where the penalties imposed by the courts for offences committed before the date of this Decision are not wholly waived on the basis of the previous Articles of this Decision.
1. Where the application of this Decision is dependent on the duration of the prison sentence, the penalties imposed shall be considered as a single sentence. The same applies to the additional penalty in proportion to the penalty previously imposed.
2. Where the application of the law depends on the duration of the prison sentence, the length of the sentence reduced or otherwise reduced under this Decision shall be determined.
Done at Prague, 9 May 1965.
Antonín Novotný
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Regulation Information
| Citation | Decision of the President of the Republic No 43 / 1965 Coll., on amnesty |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.1965 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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