Austrian Amnesty Case [Austria, Court of Appeal of Vienna.]

Date02 Noviembre 1951
Docket NumberCase No. 197
CourtCourt of Appeal of Vienna (Austria)
Austria, Court of Appeal of Vienna.
Case No. 197
Austrian Amnesty Case.

Belligerent Occupation — Tribunals of Occupant — Whether Foreign or Municipal Tribunals — Law of Occupied Country Granting Amnesty — Terms of Imprisonment Exceeding Specified Period Excluded from Amnesty — Whether Sentences of Tribunals of Occupant to be Included in Specified Period — The Law of Austria.

The Facts.—The Austrian Amnesty Law of 1950 provided that the benefits which it conferred would not be granted to persons who had been sentenced to terms of imprisonment amounting in the aggregate to more than one year for offences committed between the date of the liberation of Austria and December 31,1948. During the relevant period the respondent had been sentenced by Austrian courts to terms of imprisonment amounting in the aggregate to about seven months. He had also been sentenced by British military tribunals to terms of imprisonment which, if added to the sentences passed by Austrian courts, would amount in the aggregate to more than one year. It was contended on his behalf that as the British military tribunals were not Austrian courts and as the sentences inflicted by the latter amounted to less than one year, he was entitled to the benefits of the Amnesty Law of 1950. This contention was accepted by the Court of first instance. The public prosecutor appealed and contended that no distinction should be made between sentences of Austrian courts and those of British military tribunals, and that as the aggregate of all these sentences exceeded one year, the respondent was not entitled to the benefits of the...

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