Act No. 70 / 1970 Coll.
Act amending and supplementing Act No. 82 / 1968 Coll., on Judicial Rehabilitation
Valid
Effective from 17.07.1970
70
THE LAW
of 8 July 1970
amending and supplementing Act No. 82 / 1968 Coll., on Judicial Rehabilitation
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 82 / 1968 Coll., on Judicial Rehabilitation, is amended as follows:
1. Paragraph 2, including the title, reads:
Scope of cases under review
According to this section, judgmental judgments in criminal matters in which, in the main proceedings on criminal offences pursuant to Title I of the Special Act on criminal offences, or similar offences previously in force, are under review at first instance
(a) the Supreme Court,
(b) the former State Court established by Act No. 232 / 1948 Coll.,
(c) a regional court or a higher court in accordance with § 13 (1) and § 20 of the Code of Criminal Procedure (Act No. 87 / 1950 Coll. as amended by Act No. 67 / 1952 Coll.) in the period from 1.1.1953 to 31.12.1956. '
2. Article 4 shall be deleted;
3. In Paragraph 5 (3), the last sentence is deleted.
4. Article 11 shall be deleted;
5. Paragraph 13, including the title, reads:
Examination of the necessary facts
If there is a need to clarify some of the facts in advance for a decision, the President of the Chamber shall request the necessary inquiry of the Prosecutor's Office or of the National Security Corps, and of the various acts of minor seriousness, other authorities; it may, however, carry out the investigation itself or delegate it to a member of the Chamber. ';
6. Article 14 shall be deleted;
7. Paragraph 15, including the title, reads:
Decision of the Chamber
(1) If the Board finds in the review procedure that:
(a) the procedural rules have been grossly infringed in the previous proceedings and this defect results in a material error of the decision;
(b) the decision was made on the basis of incorrect findings and is therefore factually incorrect;
(c) the act has been assessed contrary to the law;
(d) the type of penalty or penalty has been imposed in such an area which cannot be imposed by law;
cancel the decision in whole or in part in which it is defective and decide itself in the case by judgment.
(2) If the Senate finds that the judgment under review is defective, however, the offence was committed under the law previously in force and the conviction for that act is impeded by the provisions of § 16 paragraph 1 or § 65 of Criminal Act No. 140 / 1961 Coll., the proceedings will cease. Such a suspension has the same effect for the assessment of the right to compensation as the suspension under Paragraph 11 (1) (a) of the Code of Criminal Procedure No 141 / 1961 Coll.
(3) Unfounded application shall be rejected by a resolution. "
8. Paragraph 17 (2) is deleted and paragraph 1 is deleted.
9. In Article 19 (2), the citation of Article 15 (2) is replaced by the citation of Article 15 (2), (3).
10. Article 20 shall be deleted and the following provision shall be inserted:
Obligation to pay the costs of the review procedure
(1) If the application for the initiation of an examination procedure has been rejected, the applicant is obliged to reimburse the State for the costs of the application, namely a lump sum.
(2) If the application to initiate the review procedure has been withdrawn, the President of the Chamber shall decide whether the appellant is obliged to reimburse the State for the costs of the procedure.
(3) The obligation to pay the costs referred to in the preceding paragraphs does not affect the prosecutor. "
11. Section 3 is deleted.
12. Article 23 shall be deleted;
13. Article 24 (2) reads as follows:
"(2) The proposal shall be submitted within one year of the effectiveness of the law. '*)
14. In Paragraph 25 (1), the sentence behind the semicolon is deleted.
15. Article 29 shall be deleted;
16.
"If the injured party has died, he shall pass on to his heir, provided that he has provided them or was obliged to provide maintenance at the time when he was in custody or in the execution of a prison sentence or in a forced labour camp or in a temporary institution, a claim for compensation, to the extent that they have missed the maintenance. ';
17. Article 32 shall be deleted;
18. In Article 33 (1), the words "and Article 29 and the right to reimbursement of the nutritional costs provided for in Article 32 shall be deleted."
19. Paragraph 46 reads:
"If this law does not have special provisions, the provisions of the criminal rules shall apply mutatis mutandis. '
If the provisions of Act No. 82 / 1968 Coll., on Judicial Rehabilitation, refer to special chambers, this means the Chambers of Regional Courts, Higher Military Courts, Supreme Court of the Czech Socialist Republic, Supreme Court of the Slovak Socialist Republic and Supreme Court of the Czechoslovak Socialist Republic, composed of three professional judges established under Act No. 36 / 1964 Coll., on the organisation of courts and on the election of judges, as amended by Act No. 156 / 1969 Coll.
(1) If, before the date of the entry into force of this Act, no decision has been taken on the application under Article 2 of Law No 82 / 1968 Coll. and the current text does not fall within the scope of that proposal, the court shall reject the application. Where new facts or evidence have been applied in it, it shall be treated as a retrial. If only a breach of the law has been alleged, it shall refer the case to the authority entitled to file a complaint for infringement.
(2) The Court of First Instance shall reject, in private session, an application lodged by a person who is staying without authorisation abroad or an application for the benefit of such person. Paragraph 16 (2) of the Law on Judicial Rehabilitation does not apply to such a person.
Claims for damages which have been applied under the existing provisions of the Law on Judicial Rehabilitation and which have not been definitively decided on before the date of entry into force of this Act or which have not been concluded by an agreement must be assessed in accordance with the provisions of that Act.
For decisions issued by special chambers under the section of the Second Act No. 82 / 1968 Coll., on judicial rehabilitation, which became final before the date of application of the Act, the period of time referred to in Section 272 (3) of the Act shall run from the date on which it became effective. It is sufficient for the procedure laid down in Articles 269 (2) to 271 of the Penal Code to be followed if the Supreme Court decides on a complaint for infringement within six months of its filing.
This Act shall take effect on the day of its publication.
Freedom v. r.
Dr. Hanes v. r.
Dr Strougal v. r.
*) Act No. 82 / 1968 Coll., on Judicial Rehabilitation, became effective on 1 August 1968.
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Regulation Information
| Citation | Act No. 70 / 1970 Coll., amending and supplementing Act No. 82 / 1968 Coll., on Judicial Rehabilitation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1970 |
|---|---|
| Effective from | 17.07.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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