The bad conscience of the instigators of the crimes committed
against the Sudeten Germane can be seen from (he fact that they
covered themselves and their accomplices by means of a so called
act of oblivion, opposing both to morales and to the principles
of right and justice (Law of May 8th, 1946, colleclion of laws and
regulations 1946/51). This "law" is in fact nothing but a glorifcation
of genocide.
Appendix VIIa
Law of May 8th, 1946
The provisional National Assembly of the Czechoslovak Republic passed the following law:
Article 1.
Any act committed between September 30th, 1938, and October 28th, 1945, the
object of which was to aid the struggle for liberty of the Czechs and Slovaks or
which represented just reprisals for actions of the occupation forces and their
accomplices, is not illegal, even when such actions may otherwise be punishable by law.
Article 2.
1. Persons already sentenced by reason of such punishable actions are
to be retried according to law.
2. The court in which the first trial took place is competent or, in the case
that the court concerned no longer exists, that court which should be
now competent in the fitst instance, had the illegality of the action not
been cancelled under Art. I of this law.
3. If the action referred to in Art. I should coincide with another action,
punishable at law, in respect of which the accused has already been
sentenced by means of the same judicial decision, then the court will
pass a new Judgement, whereby the verdict passed will be taken into
consideration.
Article 3
This law will come into force on the day of its official announcement,
those commissioned with the execution of the law are the Minister of
Justice and the Minister for National Defence.
signed Dr. Benes
signed Fieriinger
signed Gen. Svoboda
signed Dr. Drtina
Appendix-- IX
Edict of the President of the Republic, dated May 19, 1945 Concerning
the invalidity of Transactions Involving Property Rights from the Time of
the Oppression and Concerning the National Administration of Property Assets of
Germans, Magyars, Traitors and Collaborationists and of
Certain Organizations and Associations
Upon proposition of the Government I decree:
Article I
1. All transfers and transactions involving property rights regardless of
whether they involvemovable or immovable, public or private property
are invalid provided that they have been made under the pressure of
the occupation or under the national, racial, or politic persecution after
October 29, 1938.
2. The manner in which claims arising by virtue of the provision of
Subsection 1 shall be raised will be prescribed in a particular edict of
the President of the Republic provided that It has not been prescribed
in this edict.
Article 2
1. The property of persons upon whom the country cannot place reliance,
being within the territory of the Czech Republic, will be placed under
national administration in accordance with the further provisions of this
edict.
2. Property transferred by such persons after October 29, 1938, shall
also be deemed to be property of persons upon whom the country
cannot rely unless the person acquiring such property had no knowledge
of the fact that property of such nature was involved.
Article 3
All enterprises and all property assets shall be taken under national
administration wherever this is required in the interest of continuous production
and economic life. This applies especially to production
plants and other enteiprises which have been deserted and to property
assets relinquished or to such facilities or such property assets which
are in the possession of, or administrated by, or leased to persons upon whom
the country cannot rely.
Article 4
As persons the country cannot rely on shall be considered:
a. Persons of German or Magyar nationality,
b. Persons, whose activities have been directed against the
governmental authority, independence, integrity, democratic-republican
system, security and strength of the Czechoslovak
Republic, who Instigated such activities or tended to induce other
persons to take such actions, and intentionally supported the German
and Magyar occupiers in any manner whatsoever. As such supporters
shall be considered for example; The members of Vlajka Rodobrana,
the Advance Batalllons of the Hlinka-Guard, the leading officers of the
Association for Cooperation with the Germans, of the Czech League
against Bolshevism, of the Curatory for Education of the Czech Youth,
of the Slovak-Catholic Hlinka party, of the Hlinka-Guard, of the Hlinka
Youth, of the national Central Association of Employees, of the
Association for Agriculture and Forestry, of the German-Slovak
Association, and of other fascist organizations of similar nature.
Article 5
Those juristic persons shall be deemed as persons upon the country
cannot rely, whose administration has served intentionally and knowingly
the Germans or Magyars in carrying on the war or has served fascist or Nazi purposes.
Article 6
As persons of German and Magyar nationality shall be considered
those who on the occasion of any census since 1929 acknowledged
their German or Magyar nationality or who became members of national groups or
organizations or political parties In which persons of German
or Magyar nationality were united.
Appendix X
Edict of the President of the Republic dated June 21, 1945
Concerning the Confiscation and early Re-allotment of agricultural
Property of Germans,Magyars, as well as of Traitors and Enemies
of the Czech and Slovak People.
Compilation of Statutes and Enactment's No. 12
Following the demand of the Czech and Slovak people without land
for an effective implementing of the land reform and led by the desire
once for all to take Czech and Slovak soil out of the hands of the
foreign German and Magyar landowners as well as out of the hands
of the traitors to the Republic and to give it into the hands of the Czech
and Slovak farmers and persons without land I decree upon proposition
of the government as follows:
Article I
1. With immediate effect and without compensation and for the purpose
of the land reform such rural property shall be confiscated as is owned by
a) all persons of German or Magyar nationality, without regard to their
citizenship,
b) traitors and enemies of the Republic without regard to their nationality
and citizenship especially those who demonstrated their hostility during
the crisis and during the war in the years 1938 to 1945,
c) corporations, partnerships and other associations the management
of which knowingly and intentionally supported the Germans in carrying
on the war or which served fascist or Nazi aims.
2. The agricultural property of persons of German or Magyar nationality
who participate in the combat for the protection of the integrity and for
the liberation of the Czech Slovak Republic shall not be confiscated
under the provisions of subs. 1.
3. The District National Committee is competent to decide upon application
of the competent farmers committees whether an exception according
to subs. 3 shall be made. Doubtful cases shall be submitted by the
District National committee to the Provincial National Committee which
shall forward them with an opinion to the Ministry for Agriculture for
final decision. The latter shall decide by agreement with the Ministry of
the Interior.
Article 2
1. Those persons shall be considered as of German and Magyar
nationality who on the occasion of any census since 1929
acknowledged their German or Magyar nationality or who became
members of national groups, organizations or political parties in which
persons of German or Magyar nationality were united.
2. Exemptions from the provisions of subs. I will be laid down in a
special Edict.
Article 3
1. Those persons shall be considered as traitors and enemies of the
Czech-Slovak: Republic
a) whose activities were jointly or separately directed against the
sovereignty, the independence, the integrity, the democratic-republican
system, the security and the defensive power of the Czech-Slovak
Republic, who instigated such activities or seduced other persons
thereto, and, in any manner, intentionally and actively supported the
Germans and Magyar occupiers.
b) Such juristic persons whose activities intentionally and actively
served the Germans carrying on the war or served fascist or Nazi
purposes.
2. The authorities competent to decide whether or not a natural or juristic
person is subject to the provisions of subs. I a) b) are: the Provincial
National Committee in the area which the rural estate concerned is
located, upon application of the competent District National Committee.
Doubtful cases shall be submitted by the Land National Committee
to the Ministry for Agriculture for final decision. The latter shall decide
by agreement with the Ministry of the Interior.
Appendix XII
Constitutional Edict of the President of the Republic of August 2, 1945, Compilation
of Statutes and Enactment's No. 33/1945, concerning the right to Czechoslovak
citizenship of persons of German and Magyar nationality.
With regard to the proposal of the Government and in accordance with the Agreement
with the Slovak National Council, I decree:
Article I
1. Czechoslovak citizens of German or Magyar nationality who acquired German
or Magyar Citizenship under the regulations of the foreign occupational forces
shall have lost their Czechoslovak Citizenship by so doing..
2. The other Czechoslovak citizens of German or Magyar nationality shall lose their
Czechoslovak citizenship on the day this edict comes into force.
3. This edict does not apply to Germans or Magyars who, during tho period of
increased threat to the Republic (Article 18 of the Edict of the President of the
Republic, dated June 19, 1952 concerning the punishment of National Socialist
Criminals, Traitors and their Accomplices and concerning the Special People's
Courts) registered as Czechs or Slovaks during the official census.
4. Czechs, Slovaks and persons of other Slav nationalities who during that time
professed thcroselves Germans or Magyars under pressure or under
extenuating circumstances shall not be adjudged Germans or Magyars insofar
as the Ministry of the Interior, after a thorough examination of the particulars
quoted approves the attestation of national reliabilty as issued by the appropriate
District National Committee.
Article 2
1. Persons to whom the provisions of Article I are applicable, and who prove
that they remained loyal to the Czechoslovak Republic, that they never
committed any offence against the Czech and Slovak people, and that they
either participated actively in the fight for liberation or suffered under the
National Socialist or fascist terror, shall retain Czechoslovak citizenship.
2. The application for a certificate stating that Czech citizenship my be retained
can be submitted to the appropriate District National Committee within 6 months
of the day this Edict comes into force and, if the applicant resides abroad, can
be submitted to the appropriate consular authorities. The result of the application
shall be decided by the Ministry of the Interior after considering the
recommendation of the Provincial National Committee and, in Slovakia, the
proposal of the National Council. The persons in question shall be considered
as Czechoslovak citizens until a final decision is made, provided that the District
National Committee or the authorities representing it Issue a certificate stating
the circumstances mentioned above.
3. The retention of Czechoslovak citizenship in the case of Czechoslovak military
persons of German or Magyar nationality shall be decided on ex officio in the
shortest possible time by the Ministry of the Interior after considering the
recommendation of the Ministry of National Defence. Until the official decision
is made they shall be considered as Czechoslovak Citizens.
Article 3
Persons, who have lost their Czechoslovak citizenship under Article I may apply
to the appropriate District National Committee or the authorities representing it
for restitution within 6 months of the date which will be appointed in the
promulgation of the Ministry of the Interior and published in the Compilation of
Statutes and Enactmcnts. The Ministry of the Interior after considering the
recommendation of the Provincial National Committee in Slovakia, after considering
the recommendation of the Slovak National Council shall decide the result of such
an application after an objective consideration of the case, it shall not approve
an application, however, if the applicant has violated his duties as a Czecho-Slovak
citizen. Provided that no Government Decrees stipulate otherwise, the general
regulations concerning the acquisition of Czechoslovak citizenship shall apply
also to these cases.
Appendix XIII
Edict of the President of the Republic, dated October 25, 1945, Concerning the
Confiscationof Enemy Property and the Funds of National Regeneration (Compilation
of Statutes and Enactment's No. 108)
With regard to the proposal of the Government and in accordance with the Agreement with
the Slovak National Council, I decree:
Part I
Confiscation ol Enemy Property
Article I
Extent of the Property Confisciated
1. Any immovable and movable property shall be confiscated without any compensation
to the benefit of the Czechoslovak Republic, and to the extent that this has not been
effectuated until now, in particular properly rights (as claims, securities. immaterial
rights) hich on the day of the factual termination of the German and Hungarian
occupation was owned or which is still owned:
(1) by the German Reich, the Kingdom of Hungaria, by juristic persons incorporated
under the public laws of Germany or Hungaria, by the German National Sozialist
Party, by the Magyar political parties and other groups, organizations, enterprises,
institutions, associations, funds and property of these regimes or connected therewith
as well as of other German or Magyar juristic persons, or
(2) by natural persons of German or Magyar nationality with the exception of persons
who prove that they adhered faithfully to the Czecho-Slovak Republic, that they
never committed any offense against the Czech and Slovak people and that they either
participated actively in the combat for their liberation, or suffered under the National
Socialist or fascist terror, or
(3) by natural persons, who have displayed activities directed against the sovereignty,
the independence, the integrity, the democratic-republican system, the security and
defense of the Czechoslovak Republic, who have instigated such activities or have
solicited other persons to carry on such activities, who, by any manner, have intentionally
supported the German or Magyar occupants or during the period of the Increased threat
to the Republic (Article 18 of the Edict of the President of the Republic, dated June 19,
1952, Compilation of Statutes and Ordinances No. 18, Concerning the Punishment of
National Socialist Criminals, Traitors and Their Accomplices and the Special People's
Courts) have favored the Germanization or Magyarization within the territory of the
Czecho-Slovak Republic or who have taken a hostile position against the Czecho-Slovak
Republic or against the Czech or Slovak people, as well as by persons who have
tolerated such activities by persons who have administered their property or enterprises.
2. The provisions of Subsection I, No. 3 apply also to juristic persons to the extent that
natural persons who are members thereof or share in the property or in the enterprise
(shareholders) are responsible for the steps taken by the board representing the iuristic
person or that these persons have failed to use the appropriate diligence in the selection
and supervision of the board.
3. Likewise subject to confiscation is any property which during the period subsequent to
September 29, 1938, has been owned by persons mentioned in subsections I and 2 and
which during the time set forth In subsection I, sentence 1, has been owned or is still
owned by persons in the possession of which it would not be subject to confiscation
unless the inclusion of such property in the confiscation would not comply with the
principles of equity.
4. The competent District National Committee shall determine whether or not the prerequi-
sites of be confiscation under this edict exist. The decision can be served by publication,
even if the prerequisites of Article 33 of the Governmental Ordinance, dated Januar 13,
1928. Comp. No 8, Concerning the Procedure in Matters Which Do Not Fall Within the
Competence of Political Authorities (administrative procedure) are not complied with.
An appeal can be filed from the decision of the District National Committee with the
Provincial Committee, in Slovakia, with the competent authority of the Slovak National
Council. The Provincial National committee (in Slovakia the competent authority of the
Slovak National Council) may even in the course of the proceedings assume the carrying
out of the procedure and decide the matter as the first instance. If the Provincial
National Committee (in Slovakia the competent authority of the Slovak National Council)
decides in this manner as first instance an appeal may be filed with the Ministry of the
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