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Documents Article 26 (1) Proceedings before a special people’s court are initiated on a petition from the public prosecutor (Article 24). Pregnant women are not to be brought before a special people’s court until their pregnancy is over. (2) The entire criminal proceedings against an accused individual will take place, if possible without interruption, before the special people’s court. Proceedings against an individual defendant may not take longer than three days. This period is calculated from the moment when the accused is brought before the court. (3) If a special people’s court fails to reach a verdict within the three-day time limit, the case is passed on to the appropriate ordinary court (Article 23, Para. 2). In this eventuality it will also decide whether the accused must remain in detention. (4)If an accused person fails to appear before the court, or cannot appear before the court for any reason, the public prosecutor may move that the trial be conducted in the absence of the accused. In such a case the court must ex officio appoint a defence counsel. Article 27 Proceedings before a special people’s court are verbal and public. The accused has the right to choose a defence counsel himself or to ask the court to arrange a defence counsel for him, if he lacks means. If the accused does not exercise his right, the court will arrange a defence counsel for him ex officio. Both the accused and the court may entrust the task to a person not entered on the list of advocates who holds a doctorate of law or has taken three state legal exams, but at the least the state judicial examination. Article 28 (1) A trial before a special people’s court opens with the calling of the case and the establishment of the generalia through a description by the public prosecutor of the acts the accused is alleged to have committed. The questioning of the accused and presentation of proofs is governed by the general regulations of criminal proceedings. Records of the examination of accessories and witnesses, and expert opinions may always be read when the chairman of the senate regards their reading as useful. (2) Proceedings are as a rule limited to the act or acts for which the accused was brought before the special people’s court. Acts that are not criminal within the meaning of this decree should not be taken into account. If these are the subject of later proceedings before a special people’s court, or an ordinary or, as the case may be, state court, or before a regional court competent to judge military treason, account will be taken of a prison sentence already passed on the accused by a special people’s court when punishment is decided. (3) Proceedings before a special people’s court may not be delayed by determination of claims for compensation for damages caused by the criminal act. (4) Determination of accessories should not be overlooked, but must not be allowed to delay pronouncement and implementation of the verdict. (5) After completion of attendant proceedings, the public prosecutor will evaluate their results and present his final petition. The chairman will then give the accused and his defence counsel the floor in order to present a defence. If the public prosecutor responds to its conclusions, the accused and his advocate have the right to the last word. Article 29 (1) The court then reaches a verdict in non-public session, observing the relevant regulations on ordinary procure provided that this decree does not stipulate otherwise. (2) If a guilty verdict in the case of a crime for which this decree imposes the death penalty is arrived at by only three votes, or if the court reaches the conclusion that circumstances had been established of a kind that makes the death penalty disproportionately severe, the court may impose a penalty of twenty years to life hard labour, and on the basis of the conditions set out in Article 16, Para. 2, may also make use of the latter provision. (3) The verdict will be declared immediately in a public sitting of the court. Article 30 Records of proceedings before special people’s courts are drawn up according to the regulations on ordinary proceedings. The record will be signed by all the members of the senate and the recorder. Article 31 (1) No ordinary means of remedy apply against the verdicts of special people’s courts. Pleas for mercy submitted to any quarter have no force to delay implementation of sentence. (2) The death penalty is execution within two hours of declaration of the verdict. On the express request of the accused this time limit may be extended by a further hour. If the proceedings have taken place in the absence of the accused, the death penalty is to be executed within 24 hours of apprehension of the accused. 316
317 Documents (3) A special people’s court may also decide that the death penalty should be carried out in public. This may be done specifically when the brutality with which the crime was committed or the perverted character of the culprit, the number of his crimes or his position are arguments for public execution of the sentence. In such a case the court may extend the time limit of two hours in order to arrange public execution of the sentence, but not to more than 24 hours. Temporary and Final Provisions Article 32 (1) The provisions of the law of the May 3, 1934, No. 91 Coll., on the imposition of the death penalty and life sentences do not apply for crimes punishable under this law. (2) The provisions of the law of the March 11, 1931, No. 48 Coll., on criminal justice and youth, remain in force. Article 33 This decree comes into force from the day of promulgation for a period of one year, unless it should be amended or augmented by the appropriate legislative institutions or its period of application be shortened or extended. Article 34 All members of the government are charged with implementation of this decree. Dr. Beneš o.h. Fierlinger o.h. David o.h. Laušman o.h. Gottwald o.h. Ďuriš o.h. Široký o.h. Dr. Pietor o.h. Dr. Šrámek o.h. gen. Hasal o.h. Ursíny o.h. Hála o.h. Gen. Svoboda o.h. Dr. Šoltész o.h. Dr. Ripka o.h. Dr. Procházka o.h. Nosek o.h. Majer o.h. Dr. Šrobár o.h. Dr. Ferjenčík o.h. Kopecký o.h. Lichner o.h. Collection of Laws and Orders of the Czechoslovak State, 1945, Part 9 of the July 19, 1945. The Decree of the President of the Republic No. 16/1945 was amended by Law No. 22/1946, Law No. 149/1946, Law No. 245/1946 and Law No. 33/1948. 13 Prague June 21, 1945 – Decree of the President of the Republic 12/1945 Coll., Concerning the Confiscation and Expeditious Redistribution of the Agricultural Property of Germans, Hungarians, and also Traitors and Enemies of the Czech and Slovak Nations. In response to the demands of Czech and Slovak farmers and landless peasants, and after diligent implementation of the new land reform, and primarily led by the desire to take back Czech and Slovak land from foreign German and Hungarian landowners, and also from the hands of traitors to the Republic, and put it into the hands of Czech and Slovak farmers and landless peasants, the government proposes and I decree that: Article 1 (1) With immediate effect and without compensation for the purposes of land reform, agricultural property be confiscated which is in the possession of: a) all persons of German and Hungarian nationality, regardless of their citizenship; b) all traitors and enemies of the State of any nationality and citizenship who have shown their hostility during the time of crisis and war in the years 1938 to 1945; c) public limited companies and other companies and corporations whose management intentionally and purposefully served the German war effort or fascist and Nazi aims. (2) The agricultural property of persons of German and Hungarian nationality who actively participated in the fight for the preservation of the integrity and freedom of the Czechoslovak Republic, will not be confiscated in accordance with Para. 1. (3) Decisions about exceptions to Para. 2 will be decided by the relevant District National Committee upon submission from the relevant Agricultural Commission. Doubtful cases will be referred by the District National Committee to the Provincial National Committee, which will, along with its report, pass it along for final decision to the Ministry of Agriculture, which will make the decision in consultation with the Ministry of the Interior. Article 2 (1) Those persons will be considered to be of German or Hungarian nationality who in any of the public censuses from the year 1929 declared themselves of German or Hungarian nationality, or became members of national groups or organisations or political parties uniting persons of German or Hungarian nationality. (2) Exemptions to the provisions of Para. 1 will be determined by a special decree.
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FACING HISTORY The evolution of Cze
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Published by Gallery s.r.o. for the
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Contents Chapter I ■ Historical R
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Foreword The end of eight centuries
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HISTORICAL ROOTS 10
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towns of the Bohemian kingdom that
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continued to be present on the terr
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king (the first being Vratislav II
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St. Wenceslas, the patron saint of
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Theutonica as a category defined by
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and the arrival of the Czechs. This
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25 Historical Roots Chapter I The B
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Meanwhile the position of Prussia w
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econciliation with the so-called Mo
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economic sphere also. It is no acci
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figure continued to grow, but in th
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Chapter II The Czechs and Germans a
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Chapter II guardianship of czarist
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Chapter II Declaration of the Right
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Chapter II ideals common to all man
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Chapter II The Czechs and Germans a
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Chapter II deputation, as manifeste
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Chapter II under the leadership of
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Chapter II the wake of World War II
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Chapter II up to October 28, 1918.
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Chapter II whole, i.e. those that f
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Chapter II At that time it was not
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Chapter II important in terms of in
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Chapter II opted for Czechoslovak n
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Chapter II On December 16, 1916, th
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CZECHS AND GERMANS IN A DEMOCRATIC
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Czechs and Germans in a Democratic
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centred on the Živnostenská banka
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Chapter IV THE “SECOND REPUBLIC
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Chapter IV until November 30, 1938,
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Chapter IV years”. He announced t
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Chapter IV decree failed to specify
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Chapter IV whereby ownership relati
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Chapter IV Bohemia and Moravia). Wh
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Chapter IV farmers were forbidden t
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Chapter IV demanded that the proper
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Chapter IV of that year, Jews had b
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Chapter IV of the banking giants in
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Chapter IV 1945, employed 65.3% of
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Chapter IV unconditional establishm
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Chapter IV they were followed later
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Chapter IV ensuring its efficient a
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Chapter IV The establishment of the
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Chapter IV economic, social and cul
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Chapter IV also applied to foreign
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Chapter IV One of the main tasks of
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Chapter IV and Nazi gangs took plac
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Chapter IV The attitudes of the Ger
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Chapter IV This contradictory state
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Chapter IV saw in them a vision of
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Chapter IV Czechoslovak political l
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Chapter IV RECOGNITION OF THE CZECH
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Chapter IV regards the pre-Munich b
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Chapter IV out by the occupation. N
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Chapter IV Many Czechs were interne
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Chapter IV paradoxically bolstering
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Chapter IV Heydrich and Hácha in f
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Chapter IV central European state a
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Chapter IV The Break up of Czechosl
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Chapter IV Germans; with the intens
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Chapter IV This “final solution
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Chapter IV This was however mirrore
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Chapter IV transmitter “Sparta”
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Chapter IV Germans in the Czechoslo
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Chapter IV 500,000 prominent Henlei
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Chapter IV capable of doing to huma
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THE INTERNATIONAL FRAMEWORK FOR THE
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medical care, around 40,000, or alm
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Nationalities Groups in Europe, Sud
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surviving evacuees returned to Nort
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Eastern Poland to Siberia, Central
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the end of the 1940s in the more no
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central and eastern Europe were cle
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German population compromised durin
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Chapter VI The Implementation of th
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THE TRANSFER AND ITS LEGAL ASPECTS
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agreements concerning reparations.
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would apply, the key Constitutional
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expropriation on territories occupi
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NSDAP, Hungarian political parties,
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the time of issue of the original d
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confiscation), and Constitutional D
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the war-damaged economy. In the sam
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Advisory Council, diplomats of the
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No. 47/1945 Coll., concerning the P
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to confirm and declare as laws the
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Disregarding the partial amnesties
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it was possible, even at that time,
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and legitimacy based on the require
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listed bore witness to the legal an
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Page 267 and 268: (justifiable). According to German
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Page 271 and 272: property. Approximately 75,000 peop
Page 273 and 274: them in connection with the valid c
Page 276 and 277: Chapter VIII Interpretation of the
Page 282 and 283: Decrees of the President of the Rep
Page 292 and 293: Bibliography Hořejš, Miloš: Nár
Page 294 and 295: Documents 1. The Treaty between the
Page 296 and 297: Documents institutions, schools and
Page 298 and 299: Documents Article 9 This law shall
Page 300 and 301: Documents 7) Measures would be unde
Page 302 and 303: Documents Article 9 The Protectorat
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Page 306 and 307: Documents Article 8 (1) The regulat
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Page 310 and 311: Documents Article 20 (1) Legal acti
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Page 318 and 319: Documents Article 3 (1) The followi
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Page 322 and 323: Documents (3) Also persons may requ
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Page 326 and 327: Documents the Decree of the Preside
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Page 330 and 331: Documents 22 1946, March 28, Prague
Page 332 and 333: Some Presidential Decrees and their
Page 334 and 335: Abolished by Law No.65/1965 Coll. N
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