Page:The Constitution of the Czechoslovak Republic.pdf/43

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3. In criminal proceedings the principle of prosecution shall be adopted.

§ 102.

The judges shall have the right, in determining a point of law, to enquire into validity of a Governmental Decree; in the case of a law they can only enquire as to whether it was properly promulgated (§ 51).

§ 103.

1. The President of the Republic shall have the right to grant an amnesty or pardons, to mitigate a sentence and the legal consequnces of verdicts of criminal courts, especially the loss of the suffrage right to the National Assembly and other representative bodies; he shall also have the right to order the abolition or the suspension of criminal legal proceedings with the exception of such proceedings in which the action is brought by private individuals.

2. These rights shall not be exercised by the President in the case of members of the Government accused or sentenced according to § 79

§ 104.

A special law shall define the reponsibility of the State and judges for any damages caused by the latters’ breach of right in performing their duties.

Par. 105.

1. In cases of private property claims coming for adjudication before an administrative authority in which the plaintiff is dissatisfied with the decision of the latter, he may, after exhausting corrective efforts, appeal to the Courts.

2. Details shall be determined by law.

SECTION V.

RIGHTS, LIBERTIES AND DUTIES OF THE CITIZEN.

EQUALITY.

§ 106.

1. Privileges due to sex, birth or occupation shall not be recognised.

2. All persons residing in the Czechoslovak Republic shall enjoy within its territory in equal measure with the citizens of this Republic complete and absolute security of life and liberty without regard to origin, na-

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