Decision of the President of the Republic No 55 / 1968 Coll.
Decision of the President of the Republic on amnesty
Valid
55
Decision
President of the Republic
o amnesty
In the year of the 50th anniversary of the creation of a separate state in which the state concentration of Czechs and Slovaks took place, the results achieved in the construction of a socialist society allow certain concessions to be granted in the criminal area to those guilty of the laws of the Republic.
In accordance with the practice of applying the constitutional law enshrined in Article 62 (1) (10) of the Constitution after entering the office of the President of the Republic,
amnesty:
I shall express the outstanding prison sentences or the remnants of them imposed before the date of this Decision by a final court for the offence of leaving the Republic pursuant to Paragraph 109 (1), (2) of the Act, as well as for a similar offence previously in force, if the offence was committed after 1 January 1956, and for the offence of possession thereof.
Of the sentences of imprisonment which have been or will be imposed by the court for other offences against the Republic pursuant to Title I of the Special Code of Criminal Procedure, of the offences of threatening economic secrecy pursuant to § 122, of the threat of professional secrecy pursuant to § 173, of violence against a group of residents or individuals pursuant to § 196 and 197, of the defamation of a nation, race and belief pursuant to § 198, of the dissemination of an alarm message pursuant to § 199 punishment. the laws, as well as for similar offences in accordance with the laws previously in force, committed before the date of this Decision, the non-notification and non-interference of those offences and the maintenance of those offences, the non-execution of penalties or the remainder of them not exceeding three years.
Of the punishments or the remnants of the longer, I forgive the three-year portion.
Convicts who have served for at least eight years from the sentence of imprisonment imposed on the offences referred to in Articles 1 and 2, or of the penalties imposed on such offences, respectively, have served for at least eight years at the date of this Decision, and I shall forgive the entire outstanding sentence, regardless of the duration.
The provisions of this Article shall not apply to persons who have caused death by their act.
Of the sentences of imprisonment which have been or will be imposed by the Court of First Instance in respect of criminal offences other than those referred to in Articles 1 and 2 committed before the date of this Decision, I shall forgive the sentenced persons who serve or are to serve in the first corrective group, in a military remedy unit or who are minors, non-sentences or remnants thereof, not exceeding one year.
Of the punishments, or the remnants of the longer, I forgive them for one year.
Those who have served for at least 15 years from the sentence of imprisonment imposed before 1 January 1962 or the sentence of imprisonment before that date, and who have served for at least 15 years at the date of this Decision, I shall forgive the entire outstanding sentence regardless of the duration.
To those who have not yet served 15 years of such punishment or of such punishment until the date of this decision, I shall forgive the part of the sentence for which the sentence or the sum of the sentences, after the adjustment made pursuant to Paragraph 297 (1), has been imposed. The law exceeds 15 years.
I am expressing the suspended prison sentences and the outstanding sentences of the remedy, or the remnants thereof, which have been or will be imposed by the Court of First Instance in respect of offences committed prior to the date of this decision with the effect that the date of this decision is regarded as not being convicted of the perpetrator. If there is another outstanding sentence preventing it, that effect will only occur on the day of the execution of the sentence.
I shall waive any outstanding financial penalties or any remnants thereof, as well as any unused penalties, or any remnants thereof, which have been or will be imposed by the Court of First Instance in respect of offences committed before the date of this Decision.
I shall forgive the remainder of the probationary period for those sentenced before the date of this decision who have been suspended from prison by the court or who have been suspended or the remainder of the sentence on the basis of amnesty or individual pardon.
I order that it be not initiated and, if it has already been initiated, that the following offences committed before the date of this Decision be brought to an end:
(a) the offences referred to in Article 1;
(b) the offences referred to in Article 2, unless a custodial sentence exceeding three years is laid down in the law;
(c) the offences referred to in Article 4, unless a custodial sentence exceeding one year is laid down in the law.
I'm ordering the Minister of Justice to bring to my decision the cases of the convicted
(a) persons suffering from a severe incurable disease;
(b) men who are over 65 years of age on the date 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.
Where several Articles of this Decision are taken into account for the purpose of mitigating the prison sentence, the most favourable of them shall apply.
The total and aggregate (additional) penalties imposed, on the one hand, on the one hand, for the offences referred to in Article 1 and, on the other hand, on the other, on the other, shall be waived, the part or the remainder of which shall be the upper limit of the sentence laid down in the law on the offence referred to in Article 1. If the outstanding sentence or the remainder of the sentence does not exceed this limit, it shall be forgiven in full.
The total and aggregate (additional) penalties imposed, on the one hand, for the offences referred to in Article 2 and, on the other, for the collectible offences referred to in Article 4, shall be waived, the part or the remainder of which shall be equal to the upper limit of the sentence laid down in the law on the offence referred to in Article 2 or, if more so, for the most difficult of them but not more than three years. If the outstanding sentence or the remainder of the sentence does not exceed this limit, it shall be forgiven in full.
For the purposes of Article 3, the total and aggregate (additional) penalties imposed, on the one hand, on the one hand, for the offences referred to in Articles 1 and 2, and on the other hand, on the other hand, for the purposes of Article 3, the portion of the penalty paid shall be counted against the offences referred to in Articles 1 and 2, up to the level corresponding to the upper limit of the rate for that offence or, if more so, on the hardest of them.
The provisions of Articles 4, 6, 8, 9, 10 and 11 shall apply mutatis mutandis to offences and offences assessed under Act No. 58 / 1965 Coll.
Done at Prague, 9 May 1968
Louis Liberty
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decision of the President of the Republic No 55 / 1968 Coll., on amnesty |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.05.1968 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0