Act No. 58 / 1969 Coll.
Law on liability for damage caused by a decision of a State authority or its maladministration
Valid
Effective from 01.07.1969
58
THE LAW
of 5 June 1969
on liability for damage caused by a decision of a national authority or by its maladministration
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
RESPONSIBILITIES FOR THE SUPPORT SCHEME
LIABILITY FOR TRAINING BY NON-LEGAL DECISIONS
Principles of liability
(1) The State is responsible for the damage caused by an unlawful decision which, in civil proceedings and in proceedings before a state notary, administrative proceedings and proceedings before a local folk court, and also in criminal proceedings, in the absence of a judgment on detention or punishment, a State authority or body of a state organisation (hereinafter referred to as the State authority). The State is also responsible for the damage caused by an illegal decision of a social organisation body given in the performance of the tasks of the State body which has transferred to that organisation.
(2) Responsibilities under paragraph 1 shall not be waived.
(3) In economic relations, the State does not respond under this law in cases where decisions are taken by economic arbitrage authorities.
The right to compensation for damage caused by an unlawful decision shall be conferred on those parties who have been harmed by an unlawful decision given in that decision.
Conditions for entitlement
If there are no cases of special consideration, the claim for compensation for damages caused by an unlawful decision may be granted only if the participant has made use of the possibility to appeal against the unlawful decision, decomposition, objection, opposition or complaint.
(1) The claim for compensation cannot be invoked until the final decision giving rise to the damage has been annulled by the competent authority for illegality. The decision of that authority shall be binding upon the court which decides to make good the damage.
(2) By way of derogation from the provisions of paragraph 1, a claim for damages caused by an unlawful decision enforceable, irrespective of its legal power, may be claimed where that decision has been annulled or amended by appeal (Paragraph 3).
LIABILITY FOR TRAINING BY DECISIONS ON BUSINESS OR TRESS
Compensation for damage caused by the custody decision
(1) The right to compensation for the damage caused by the decision on detention shall lie with the State in which the detention was carried out if the prosecution has ceased or has been acquitted.
(2) The right to compensation is not for him,
(a) who has caused the arrest himself, in particular by attempting to escape or by other acts, giving cause for concern as a result of the detention or extension;
(b) who has been acquitted, or against whom the prosecution has been suspended only because he is not liable for the offence committed or has been pardoned or the offence has been amnesty.
(3) No compensation shall be granted for the link ordered in the foreign extradition proceedings under the previous provisions.
Compensation for damages caused by the penalty decision
(1) The right to compensation for the damage caused by the judgment shall lie with the State in respect of which the sentence has been carried out in whole or in part if, in subsequent proceedings, the prosecution has been acquitted or suspended.
(2) The right to compensation shall also be granted to those who, in the subsequent proceedings, were sentenced to a lighter penalty than that which was carried out on the basis of the judgment annulled.
(3) The right to compensation referred to in the preceding paragraphs shall not have the following:
(a) who brought his conviction on purpose; or
(b) against whom a later prosecution has been brought to an end only because it has been pardoned or because, after the legal power of the original judgment, amnesty relating to the act for which the original sentence was imposed has been granted.
If the sentenced person was subject to the death penalty, they shall be entitled, under the conditions of Sections 5 and 6, to reimbursement of the cost of nutrition by those to whom the deceased provided or was obliged to provide. Under the terms of Sections 5 and 6, the funeral expenses are also reimbursed to the person who made them.
The liability under the provisions of Sections 5 and 6 cannot be waived.
PRELIMINARY INVESTIGATION
(1) The right to compensation for damages caused by an unlawful decision and the right to compensation for damages caused by a detention or punishment decision should be discussed in advance with the central authority. Where a decision given in civil proceedings, criminal proceedings and proceedings before a national notary or local folk court is taken, the central authority shall be the Ministry of Justice of the Republic in whose territory the institution which has taken its decision at first instance. However, if the judgment given in criminal proceedings is against persons subject to military jurisdiction, that authority shall be the central authority which manages military courts. In other cases, that authority shall:
(a) the matter falling within the competence of the Czechoslovak Socialist Republic,
a federal central authority within the jurisdiction of the State Administration sector in which an illegal decision has been taken,
(b) if the case falls within the competence of the Czech or Slovak Socialist Republic,
the central authority of the Republic under the jurisdiction of the State Administration sector in which the illegal decision was taken and, if not the Central Authority, the Ministry of Justice; This also applies where an illegal decision has been taken by a social organisation body (§ 1 (1)).
(2) If a request for preliminary consideration has been submitted to a central authority which is not competent, it shall forward it to the competent authority. The effects of the application are maintained in this case.
If the central authority fails to satisfy the claim of the injured party within six months of the date on which the application was lodged, the injured party may claim the entitlement or its unsatisfied part in court.
An agreement on a claim for damages (Paragraph 9 (1)) shall be admissible only when the claim is pending or in court.
REWARD RIGHTS (REGRES)
(1) If the State has replaced the damage caused by an unlawful decision under the provisions of this law, it has the right to require reimbursement from the State body which granted the unlawful decision if it is competent to have rights and obligations.
(2) If an illegal decision has been taken by a social organisation, the State shall have the right to request reimbursement from the central body of that organisation.
(3) If there is an illegal decision by several institutions, they are required to comply equally.
(1) A State authority or a central body of a social organisation against which the State has successfully exercised a claim pursuant to Article 12 has the right to claim reimbursement of the person involved in the decision if his guilt has been found in criminal or disciplinary proceedings.
(2) The right to claim reimbursement from the person referred to in paragraph 1 shall be exercised by the State under the same conditions if the State authority does not have the capacity to have rights and obligations or if the State authority or social organisation has ceased to exist or if an unlawful decision has been taken by a central authority.
(3) If several persons respond to the State authority, the central authority of the social organisation or the State, they shall be required to comply with the extent of their fault.
Scope of remuneration
If the State claims reimbursement under Paragraph 12, it shall be entitled to claim full payment of the amount paid.
If the State exercises the right to reimbursement provided for in Paragraph 13 (2) against a person in respect of whom the participation in the decision-making process was part of the obligations arising from the employment relationship or the equivalent relationship, the amount of the remuneration shall be governed by the rules governing employment relations. In other cases, the amount of the remuneration may not exceed one sixth of the amount paid by the State, but not more than 1000 CZK; This restriction does not apply if it is intended to cause damage.
With the exception of damage caused intentionally by the Court of First Instance in cases of special consideration, it shall, in particular, take account of the social importance of the damage, the manner in which it occurred and the personal and property circumstances of the person on which the payment is requested.
If the State authority or central body of a social organisation exercises the right to reimbursement pursuant to Article 13 (1), the provisions of paragraphs 15 and 16 shall apply mutatis mutandis.
RESPONSIBILITIES FOR THE TRAINING OF ELIGIBLE OFFICIAL PROCEDURES
Principles of liability
(1) The State is responsible for the damage caused in the course of the performance of the tasks of the public authorities and bodies of the social organisation referred to in Article 1 (1) by maladministration of those who perform those tasks.
(2) Responsibilities under paragraph 1 shall not be waived.
The State's right to reimbursement (regression)
(1) If the State replaces the damage caused by maladministration, it shall have the right to require reimbursement of the persons referred to in Paragraph 18 (1).
(2) Paragraphs 13 (3), 15 and 16 apply mutatis mutandis.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
COMMON PROVISIONS
Relationship to the Civil Code
Unless otherwise provided, the legal relations provided for in this Act shall be governed by the Civil Code.
The loss of earnings is paid even if it is not health damage. Paragraph 447 (2) of the Civil Code applies mutatis mutandis in these cases.
(1) The right to compensation under this Act shall be suspended for three years from the date on which the injured party became aware of the damage. Where cancellation of a decision is a condition for the exercise of the right to compensation, the limitation period shall run from the date of service (notification) of the annulled decision.
(2) No later than 10 years after the date on which the injured party received the unlawful decision causing the damage, this right shall be barred; That doesn't apply if it's for health damage.
(3) Where a right to preliminary consultation is required with the central authority (Paragraph 9 (1)), the limitation period from the date on which the application is lodged until the end of the hearing, but for a maximum period of six months, shall not run.
The right to compensation under the first part shall be suspended for a year from the date on which the decision which acquitted or denounced the lighter sentence or the decision by which the criminal proceedings were terminated.
(1) The State's right to reimbursement pursuant to paragraphs 12 and 19 shall be suspended for the year from the date on which compensation was paid.
(2) The right of the State to reimbursement provided for in Article 13 (2) shall be suspended for the year from the date on which the compensation was paid, but not earlier than the year on which the criminal decision or disciplinary measure became final.
(3) In the periods referred to in paragraph 2, the right of a public authority or a central body of a social organisation to reimbursement under Paragraph 13 (1) shall be barred. The limitation period shall begin to run from the date on which the State's payment was paid.
State and authorities acting on its behalf
(1) The Czechoslovak Socialist Republic is responsible for the damage caused by the decision under this law if the decision was taken by a state body of the Czechoslovak Socialist Republic; in other cases, the Czech Socialist Republic or the Slovak Socialist Republic shall be responsible. The same applies if damage is caused by maladministration.
(2) In the legal relations governed by this law, the central authority referred to in Paragraph 9 (1) shall act on behalf of the State.
Jurisdiction of the Court
The courts rule on claims under this law. However, the members of the armed forces shall be subject to a decision by the authorities responsible under the special regulations on claims for reimbursement (regressions) which have been incurred under this law against members of the armed forces.
TRANSITIONAL PROVISIONS
Liability under this Act shall apply to compensation for damage caused by decisions given after the date of entry into force of this Act and to compensation for damage caused after that date by maladministration.
(1) The claims for compensation resulting from the judgment on detention and punishment issued by the date of application of this law shall be decided in accordance with the existing rules on compensation for detention and punishment (Sections 371 to 374 of the Penal Code and § 46 (2) of Act No. 82 / 1968 Coll., on judicial rehabilitation).
(2) According to the current regulations (Section 421 of the Civil Code), the claims for damages caused by maladministration before the entry into force of this Act will also be decided.
(1) By the date on which the Constitutional Law of the Federal Assembly on Courts and the Prosecutor's Office enters into force, it shall be liable under that Act for the damage caused by the judgment of the courts, state notaries and prosecutors of the Czech Socialist Republic or the Slovak Socialist Republic, depending on where the institution which has taken its decision at first instance has its seat; However, if military courts and prosecutors decide, the Czechoslovak Socialist Republic is responsible.
(2) The provisions of paragraph 1 shall also apply where damage is caused by maladministration.
FINAL PROVISIONS
Special arrangements for the protection of the rights of the injured party for a transitional period
(1) The Prosecutor-General is required to file a complaint against a breach of the law against a decision rendered following the effectiveness of that law in civil proceedings, in criminal proceedings and in proceedings before a state notary, if the person entitled to compensation under that law so requests and if the Prosecutor General finds that the decision is unlawful. If he does not find a valid complaint, he shall inform the person who submitted it.
(2) The Regional Prosecutor has the same obligations in the cases referred to in § 19 (1) (c) of Act No. 36 / 1964 Coll., on the organisation of courts and the election of judges, and in § 39 (2) of Act No. 38 / 1961 Coll., on the Local People's Courts and the District Prosecutor in the case referred to in § 39 (1) of Act No. 38 / 1961 Coll.
Repeal and effectiveness of the law
_
(a) Paragraph 426 of Civil Code No. 40 / 1964 Coll.,
(b) Paragraph 371 to 374 of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), and
(c) Paragraph 46 (2) of Act No. 82 / 1968 Coll., on judicial rehabilitation.
This Act shall take effect on 1 July 1969.
Freedom v. r.
Dr Dubček v. r.
Ing. Cernik v. r.
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Regulation Information
| Citation | Act No. 58 / 1969 Coll., on liability for damage caused by a decision of a State authority or by an incorrect official procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.1969 |
|---|---|
| Effective from | 01.07.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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