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

International Law Reports Cited in Precedent Map Related
JurisdictionAustria
Date17 Junio 1955
CourtCourt of Appeal of Vienna (Austria)
Austria, Court of Appeal of Vienna.
Austrian Amnesty Case.

Belligerent Occupation — Judicial Functions of Occupant — Whether Tribunals of Occupant Foreign or Municipal Tribunals — Person Convicted of Criminal Offence by Tribunal of Occupant — Amnesty Law Enacted by Occupied Country — Application of Amnesty Law to Sentences of Occupation Tribunals — The Law of Austria.

The Facts.—The Austrian Amnesty Law of 1955 provided, as far as here material, that persons sentenced to terms of imprisonment not exceeding three months were entitled to an amnesty. In this case the accused was sentenced to a term of three months' imprisonment by an Austrian court, and put on probation for three years. While on probation he was sentenced to a term of imprisonment of more than eight years by an American occupation tribunal. After serving some five years of this sentence he was released in 1955. Meanwhile, the Amnesty Law had been enacted, and the question arose as to...

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