Act No. 82 / 1968 Coll.
Law on judicial rehabilitation
Valid
Effective from 01.08.1968
82
THE LAW
of 25 June 1968
on judicial rehabilitation
The atonement of injustices that have occurred in the past by violating the legality of the criminal justice sector is a prerequisite for restoring general and full confidence in socialist legality and justice. In particular, full rehabilitation of citizens who have been convicted and punished as pests of socialism needs to be given as a matter of urgency, even though they have not been guilty of criminal activity in the interests of socialist society.
However, the acts of revolutionary legality cannot be removed, the socialist rule of law weakened or even denied. Rehabilitation cannot concern the enemies of socialist construction, who have violated the laws in force and were rightly punished by criminal acts against the Republic or other criminal activities.
The National Assembly of the Czechoslovak Socialist Republic decided on this law to give a suitable legal basis for rapid rehabilitation under these principles:
Purpose of the law
The purpose of the law is to allow for a rapid review of cases of wrongfully convicted persons in the criminal proceedings section, to remove directly from the law certain excessive hardships in the use of repression, to ensure wrongfully convicted persons in social rehabilitation and adequate material compensation, and to draw from the unlawful findings the consequences against those involved in them.
Review procedure
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 of war pursuant to § 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.
Courts operating in review proceedings
(1) The review procedures are carried out at first instance by special chambers of regional and higher military courts, at second instance by special chambers of the Supreme Court.
(2) The judgments in the cases of the Regional Court are examined by the Special Chamber of the Regional Court, the Judgments in the cases of the Higher Military Court by the Special Chamber of the Higher Military Court, which took its decision at first instance. If this court is no longer in existence, the special senate set up by the regional or higher military court in whose district the court had its seat disappeared shall decide.
(3) The judgments in the cases of the former State Court and the judgments of the Supreme Court as a court of the first instance are examined by the Special Chamber of the Regional Court and, if the person subject to the jurisdiction of the military courts is involved, by the Special Chamber of the Senior Military Court, which would be competent in accordance with the provisions currently in force for the case, or subject to a lower court which would be competent in the case under the current rules.
Initiation
(1) Proceedings shall be initiated on the motion of the defendant, his relatives in the direct generation, his siblings, the adopter, the adopted man, the husband or another. If the sentenced person is deprived of legal capacity or is restricted to legal capacity, his legal representative may also submit a proposal, even against the will of the sentenced person.
(2) The prosecutor may also make a motion.
(3) The person making the application may withdraw it by express declaration until the court has taken a final hearing. An application lodged by another authorised person may be withdrawn only with the express consent of the defendant.
(4) If the court finds out, from its official activity, that the circumstances which might justify the application to initiate proceedings are such as to inform the defendant thereof, and if that is not possible, the other person entitled to submit the application, but always the prosecutor.
Deadline for submission of the application
The application may be submitted no later than one year after the date of application of this Act.
Recovery
(1) If, for important reasons, the person entitled loses the time limit for the application to initiate proceedings, he may request a repayment within one month of the absence of the obstacle, but not later than two years from the date of application of this law.
(2) The Special Chamber to which the review procedure is due shall decide on the recovery of the deadline.
Management method
The Special Chamber shall decide in principle in a public session. In a private sitting, an application submitted by a late or unjustified person, an application in a matter not covered by the law or a repeated application in a case already examined under this section may be rejected.
Participation of the Prosecutor
The participation of the prosecutor shall be compulsory in both public and private sessions.
Participation of the lawyer
(1) In a public session, the defendant must have an defendant.
(2) The costs of the defence are borne by the State,
(a) if the proposal has been found to be at least partly justified,
(b) irrespective of the outcome of the proceedings, if the proceedings were initiated on a proposal from the prosecutor.
Presence of the defendant in public session
A public meeting, which the defendant has been duly informed of, may be held in his absence, provided that the matter can be decided reliably without his participation. If it is not possible for the defendant to deliver an announcement of a public session, it is sufficient to deliver it to the lawyer.
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.
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) An unfounded proposal shall be rejected by a resolution.
(1) In a new decision, the defendant cannot be penalised more stringent than that imposed on him in the original decision.
(2) If the reason for which the court has ruled for the benefit of a defendant benefits another defendant, the Chamber shall always decide for his benefit.
Review doesn't interfere with the defendant's death. The prosecution cannot be stopped following the annulment of the judgment under review because the defendant has died.
Specific provisions on limitation periods
If the judgment under review has been annulled as defective, the period from its legal authority to the legal power of the annulment decision shall not be counted in the limitation period.
Appeals
(1) An appeal is admissible against the judgment, which is decided by the Special Chamber of the Supreme Court in accordance with the provisions of Title Sixteenth of the Penal Code.
(2) The resolution rejecting the application to open the review procedure and the resolution pursuant to Article 15 (2), (3) shall be the subject of a complaint which shall be decided by the Special Chamber of the Supreme Court in accordance with Title Seven of the Criminal Code.
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.
Repeal of the decision by law
By law they are invalid:
(a) the decision to be assigned to the forced labour camp by the Commission established pursuant to Article 3 (1) of Act No. 247 / 1948 Coll., unless the previous punishment has already clearly indicated that it was a person working with a shielding or dangerous foreign property;
(b) judgments issued between 1.8.1950 and 31.12.1956 by the Parole Commission, which have been sentenced after serving a court-ordered prison sentence, entered in a forced labour camp or in a temporary institution;
(c) in the statement on exceeding the amount of the sentence of the judgment given between 1.8.1950 and 31.12.1953 by the national committees, provided that the sentence imposed by them for the offence under the Code of Criminal Procedure No 88 / 1950 Coll. by virtue of Paragraph 12 (3) of that Law, the upper limit of the rate laid down for the offence in question is in a specific part of the law.
(1) The court shall decide whether the decision is invalid on a proposal which may be made by the persons referred to in Article 5 (1) and (2).
(2) The proposal must be made within one year of the effectiveness of the law. *)
(1) The court of the district of which the person to whom the decision relates is competent for the proceedings under Paragraph 22.
(2) The decision granting the application may also be taken in private session.
Extermination of a conviction by law
(1) By law, the condemnation of persons convicted of crimes pursuant to § 133, 135 and 136 of Criminal Act No. 86 / 1950 Coll. related to the operation of their agricultural or business enterprise shall be ruled out.
(2) The operative part of the law shall be deleted in the matters referred to in paragraph 1 from the operative part of the judgment concerning the forfeiture of assets which may be personal property or personal use.
Compensation
(1) The claim for compensation includes:
(a) compensation for the loss of earnings for the period of detention and the execution of the prison sentence or for the period of stay in a forced labour camp or temporary institution; the compensation for loss of earnings shall not exceed 20 000 CZK per year;
(b) compensation for property damage caused by damage to health arising from the attachment, execution of the sentence or residence in a forced labour camp or temporary establishment; as regards the method and extent of compensation, the provisions of the Civil Code shall apply; the amounts by which compensation has been paid under other provisions shall be credited to such reimbursement; average earnings means earnings in the period prior to the start of the prosecution;
(c) compensation for the costs of criminal proceedings paid and the costs of the detention and execution of the sentence;
(d) reimbursement of the costs paid for the defence in the original criminal proceedings;
(e) compensation for the financial penalty paid or the sum of the deductions made from the remuneration for the work in the execution of the penalty for corrective action;
(f) the return of goods or property where a forfeiture penalty or a forfeiture penalty has been imposed; If recovery is not possible or expedient, the matter shall be replaced by money; a compensation corresponding to the actual damage to the other movable goods shall be granted for the goods which may be owned by each other; Reimbursement of immovable property shall be governed by the provisions on expropriation refunds. Real estate property which cannot be owned or used personally need not be recovered or compensated for.
(2) The full refund is granted only if the defendant has been fully acquitted. If there is only a partial change, the compensation shall be granted only in view of the difference between the penalties imposed under the original judgment and those imposed in the new proceedings.
(3) Reimbursement is also granted in cases where the decision is annulled by law. In the cases referred to in § 22 (c), the refund shall be granted only for the period by which the sentence of imprisonment carried out exceeded the upper limit of the rate fixed for the offence in question in the specific part of the Administrative Criminal Act No. 88 / 1950 Coll.
(1) For the purposes of pension insurance, the duration of detention and the execution of the sentence of imprisonment of a citizen who has been completely acquitted under this law shall be considered as the period of continued employment (work) which the citizen has held before taking custody (taking custody), unless such period is counted as a period of employment under social security rules. In the same way, part of the period of sentence for which the sentence was wrongfully executed shall be considered if, under that law, the condemning judgment is only partially annulled.
(2) If, at the time of the illegal execution of the sentence, a citizen has performed work which would justify the inclusion of employment in the first (II) working category, the performance of such work shall be considered as the performance of employment in the first (II) working category.
(3) Paragraph 1 shall apply mutatis mutandis to the calculation of the period during which, as a result of the execution of the sentence, a citizen was unable to work after his release (employment); the calculation of the average monthly earnings (wages) is not taken into account at that time and, if this is more favourable to the citizen, nor the period during which he was unable to perform his former employment (employment).
(4) Paragraph 53 (1) of the last sentence of Law No 101 / 1964 Coll. and Paragraph 91 (1) of the last sentence of Law No 103 / 1964 Coll., shall not apply to the payment of a benefit wrongly measured as a result of the detention or execution of the sentence.
(5) The duration of the detention, the execution of the sentence, the period of residence in a forced labour camp or in a temporary institution, or the period during which a citizen was unable, as a result of the execution of the sentence, to pursue employment (employment) after his release, shall be counted as the duration of the employment and sickness insurance rights.
If the injured party has died, he shall be entitled to compensation if 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, to the extent that he has missed the maintenance.
(1) A refund not exceeding 20 000 CZK is paid in cash.
(2) In the case of refunds exceeding this amount, 20% of the refund granted shall be paid, but not less than 20 000 Kč in cash, the remainder in interest-bearing government bonds payable no later than 10 years.
(3) For the implementation of the provisions of paragraph 2 of the Regulation, the Government shall issue, in particular, the scope of the issue of sovereign debt, their conditions and the rate of remuneration.
(1) The claim for compensation under Paragraph 27, if rehabilitation has taken place before the date of application of this Act, should be applied within one year of the application of the law, otherwise the claims will cease.
(2) In the same period, the right of repayment or, where applicable, the reimbursement of the property referred to in Article 26 (2) and the right of heirs (Article 30) must be exercised if the rehabilitation and death occurred before the application of this law.
Liability of workers who have in the main proceedings infringed their obligations in a gross manner
The punishment of persons for offences by which those persons have brought about or contributed to the lawfulness corrected by this law and which have not been statute-barred on the date of entry into force of this law shall not cease to exist by limitation before 1 January 1973.
Termination or revocation
(1) One who has been found to have lost the necessary trust for a post in a State body or public office which he currently holds may, for that reason, be dismissed from his post, give him notice of his employment relationship, and if it is a worker not covered by the provisions of the Labour Code on termination of employment, employment or employment. However, Article 46 (2) of the Labour Code does not apply to the statement for this reason.
(2) A staff member whose responsibility is being reviewed may be relieved of work for the duration of the proceedings before the Review Board if his further stay at work would be jeopardised by an important public interest. The rules on disciplinary proceedings shall apply mutatis mutandis to the status of exempt worker.
The search and management committees
If an assessment of the responsibility of the worker in the department in which a special screening committee is set up for this purpose, the organisation may take the measures provided for in Paragraph 35 only on the basis of a final decision of that commission.
(1) The search committee shall open negotiations on a proposal from the head of the organisation in which the worker is active. It shall act and act in a College composed of three members.
(2) The staff member whose responsibility is being reviewed should always be allowed to comment on all the facts which blame him.
(3) After carrying out the proceedings, the Commission shall decide whether the worker has grossly violated his duties or, where appropriate, committed another grossly defective act and whether, in view of the nature of the deficiencies found, he may continue to hold the position or function at which he is currently present.
(1) A complaint is admissible against decisions of the Review Board; may, within 15 days of receipt of the decision, be lodged by the worker concerned by the decision and by the head of the organisation which initiated the procedure.
(2) The Commission set up by the National Assembly shall decide on the complaint. Her decision is final.
(1) The measures necessary for the removal from office or termination of employment shall be taken under the basis of a decision of the Review Committee by the head of the organisation whose worker is involved.
(2) The Court of First Instance is bound by the opinion of the Review Committee on the existence of a grounds of notice in disputes concerning the annulment of the notice.
(1) In order to assess the liability of personnel involved in the preparation or discussion of the case as members of the National Security Corps, as prosecutors or investigators of the Prosecutor's Office, as officials of the Ministry of Justice (delegates), or as officers in the exercise of custody and prison sentence, the Minister of the Interior, the Prosecutor General, the Minister of Justice and the delegate of the Slovak National Justice Council shall establish an examination committee.
(2) It is also possible to set up review committees in other central and Slovak national bodies as necessary.
Assessment of the liability of judges
(1) The liability of workers acting as judges in the main proceedings will be assessed by a special disciplinary committee composed of judges elected by the National Assembly.
(2) In the case of workers who still serve as a judge, the application to initiate proceedings shall be made by the Minister of Justice and by the Judges active in the courts of Slovakia, the SNR's agent for justice. They shall also, on the basis of a decision of the special disciplinary committee, propose to the competent authority an appeal from the office of judge.
(3) The provisions on clearance committees shall apply mutatis mutandis to the proceedings and decisions of the special disciplinary committee and to the right of complaint against its decision.
Notification obligation
(1) The special chambers carrying out the review procedure provided for in Section 2 of this Act draw attention to their findings concerning the involvement in the creation of the illegality of the management organisation whose worker is concerned by the alert. The Judges shall draw the attention of the Minister of Justice and, where appropriate, of the SNR Officer for Justice.
(2) If, in the review procedure, the Special Chamber finds facts suggesting that an offence has been committed by an unlawful act, it shall inform the Prosecutor.
Final and transitional provisions
Proposals for the renewal of proceedings and complaints for infringements brought in respect of cases referred to in Paragraph 2 which have not been decided upon before the entry into force of this Act shall be referred to the relevant Special Chamber for review under Section 2 of this Act. The same applies to pending complaints about infringement complaints if they have come from persons authorised under Section 5 to propose the initiation of an examination procedure.
The review procedure in the cases referred to in Paragraph 2 does not preclude the fact that the Supreme Court has already examined the case for a infringement complaint.
(1) If the criminal judgment on the basis of which the law has been granted in civil proceedings has been annulled in proceedings under this law or on the basis of a rectification or infringement complaint, the application for renewal in civil proceedings may be filed after the expiry of the period referred to in Article 230 (2) of the Civil Code (Act No. 99 / 1963 Coll.).
(2) If a criminal judgment has been annulled before the date of application of this law, the three-month period provided for in Paragraph 230 (1) of the Civil Code shall be calculated from the date of its entry into force.
If that law does not have special provisions, the provisions of the criminal rules shall apply mutatis mutandis.
This Act shall take effect on 1 August 1968.
Freedom v. r.
Srkovský v. r.
Ing. Cernik 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. 82 / 1968 Coll., on judicial rehabilitation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.1968 |
|---|---|
| Effective from | 01.08.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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