Decree No. 1 / 1953 Coll.
Order on the full text of the Code of Criminal Procedure
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1.
Order of the Minister of Justice
of 31 December 1952
on the full text of the Code of Criminal Procedure.
In accordance with Article IV of Act No. 67 / 1952 Coll., amending and supplementing the Code of Criminal Procedure, I declare in the Annex the full text of Act No. 87 / 1950 Coll., on Criminal Procedure (the Code of Criminal Procedure) as follows.
Dr Rais v. r.
Annex to Decree No 1 / 1953 Coll.
Law
of 12 July 1950 No 87 Coll.,
on criminal proceedings in the judicial (penal) version resulting from later legislation.
The National Assembly of the Czechoslovak Republic decided on the following Act:
GENERAL PROVISIONS
Basic provisions.
The purpose of the law.
(1) The purpose of this law is to regulate criminal justice proceedings in such a way that the offences are properly detected and their perpetrators punished under the law. Helping to achieve this purpose is the right and duty of every citizen.
(2) Negotiating things is to be done in such a way as to raise citizens to guard against the enemies of the working people and other disruptors of their building efforts and to fulfil civil obligations.
Tasks of the prosecutor and the court.
(1) The task of the prosecutor and the court in criminal proceedings is to ensure that the laws of the People's Democratic Republic are maintained and applied in accordance with the interests of the working people. In addition, the task of the military prosecutor and military court is to protect the fighting capacity of the armed corps and the discipline and order provided for therein, to consolidate command power and thereby contribute to the security of defense of the country.
(2) The task of the prosecutor in criminal proceedings is, in particular, to conduct preparatory proceedings, to monitor the fair punishment of the perpetrators and to ensure that the penalties imposed on them are implemented.
(3) In particular, the task of a court in criminal proceedings is to rule fairly on criminal offences; The judges of the people and the other judges shall take care of this task equally.
Synergies between authorities and public authorities.
(1) Offices and public authorities are required to assist prosecutors and courts in the performance of their duties, in particular with the utmost urgency to comply with their requests and to notify prosecutors without delay.
(2) The Prosecutor-General may, in agreement with the relevant ministers, entrust the execution of individual acts in proceedings before the People's Courts in cases of less serious authorities called for searches (§ 76).
Investigation of state, economic and professional secrecy.
The Prosecutor, the Court and all authorities and public authorities involved in criminal proceedings shall be required to take measures to ensure that national, economic and professional secrecy is kept secret; to that end, by way of derogation from the rules on criminal proceedings, where necessary and compatible with the fundamental principles of criminal proceedings.
Assessment of questions referred for a preliminary ruling.
The prosecutor and the court shall examine separately all questions referred for a preliminary ruling; However, if such a question is the final decision of another court, office or public authority, it shall be taken by the prosecutor and the court as a basis for its decision in so far as it is not an assessment of the criminal offence of the defendant.
Exemptions from the scope of the Code of Criminal Procedure.
(1) The powers of the Prosecutor and of the Court under this Act are not subject to the persons to whom the right of exteritoriality or personal liberation falls.
(2) If there is doubt as to whether or to what extent someone is excluded from the jurisdiction of the prosecutor and the court under this law, a statement by the Minister of Justice shall be required; that statement is also binding on the court.
Military justice.
(1) Military jurisdiction shall be subject to:
(a) soldiers in active duty;
(b) retired soldiers and military pensioners,
(c) persons who have become members of a military force by calling on a special service;
(d) members of military organisations and other gendarmes in active employment covered by specific laws;
(e) persons called upon to act in person for the need for defence power;
(f) disabled persons in the state of military disability;
(g) persons in custody ordered by the military prosecutor or military court;
(h) prisoners of war.
(2) The military jurisdiction referred to in paragraph 1 shall apply only to offences committed in respect of the duration of the relationship which it establishes. If any of the offences referred to in the first to ninth parts of the criminal law which has been committed during the duration of the relationship establishing military jurisdiction comes to light only after the end of that relationship, the military prosecutor may refer the matter to the district or county prosecutor.
Military jurisdiction shall be further subject to:
(a) soldiers outside active duty for the offence of non-committal of the service in the armed forces (§ § 265 to 267 of the Act);
(b) soldiers and members of military organisations and other non-active corps, as provided for in special laws, for the offences of military offences committed in service uniforms.
cancelled.
(1) In addition, civil persons shall be subject to military jurisdiction for crimes against the defence of their country under Title 1, Section 3, of the Special Act.
(2) For other offences which threaten the important interests of the country's defence, civilian persons shall be subject to military jurisdiction only under the measures of the Attorney General.
(3) For which offences committed with increased threat to the homeland and which groups of civilians are subject to military jurisdiction, the Government shall establish a regulation.
(1) Where this law refers to a district attorney and district attorney, this is understood in the field of military justice, unless the individual provision implies otherwise, a lower and higher military prosecutor.
(2) Where this law refers to the People's and Regional Courts and to the President of the Court, this shall be understood in the field of military justice, unless the individual provision implies otherwise, a lower and higher court-martial and a chief court-martial.
cancelled.
Jurisdiction
The State Attorney's jurisdiction.
(1) Preparatory proceedings on criminal offences under the title of the first special part of the Criminal Act or the Peace Protection Act No 165 / 1950 Coll., for which the law provides for the death penalty, a life sentence or a temporary prison sentence of at least 10 years shall be held by the Regional Prosecutor; preparatory proceedings for other offences shall be carried out by the District Attorney.
(2) Preparatory proceedings on the crimes of armed corps officials shall be conducted by a senior military prosecutor, if a higher military court is to take action on the crimes of such officers in the first chair.
cancelled.
Local jurisdiction of the prosecutor.
(1) The preparatory procedure is being conducted by the prosecutor in whose district the crime was committed. If the offence was committed in several districts, the preparatory procedure shall be carried out by the prosecutor, who first took measures to prosecute the defendant.
(2) If the offence has been committed abroad or if it is not possible to detect the crime, the preparatory procedure shall be carried out by a prosecutor whose district the accused is resident, established or resident, and if they are not in the Czechoslovak Republic or if they are not detected, the prosecutor in whose district the offence has been established. If there are several such competent prosecutors, the preparatory procedure shall be carried out by the first one to take action to prosecute the defendant.
(3) If, in the case referred to in paragraph 2, an additional crime scene is found in the Czechoslovak Republic, the case may be referred to the prosecutor responsible for the crime scene.
(1) Where the offence has been committed by a member of an armed corps serving at the part of that corps for which a military court has been established, the preparatory proceedings of the military prosecutor operating at that court shall be carried out.
(2) If the offence was committed by an officer of an armed corps, the preparatory proceedings shall be carried out by a military prosecutor acting in a court which shall be appointed by the President of the Republic to deal with the offences of such officials.
Joint preparatory management.
(1) The preparatory procedure shall be held jointly on all offences of the same defendant and against all accused persons whose offences are related. However, joint preparatory proceedings may not be held by the district or district attorney on the offence of a person subject to military jurisdiction.
(2) However, in the case referred to in paragraph 1, in order to expedite the preparatory procedure or for other important reasons, proceedings for one of the offences or against one of the accused may be excluded from the joint preparatory procedure.
Joint preparatory proceedings shall be held by the Regional Prosecutor, where at least one of the offences is responsible.
(1) Joint preparatory proceedings shall be conducted by the district attorney or district attorney responsible for carrying out preparatory proceedings against the direct offender or for the most serious crime.
(2) The joint preparatory procedure shall be carried out by the military prosecutor responsible for carrying out the preparatory procedure against the member of the armed corps who is the highest-ranking function and, failing such designation, the military prosecutor responsible for carrying out the proceedings against the direct perpetrator or the most serious offence.
(3) If, in accordance with paragraph 1 or paragraph 2 of the competent prosecutors, there are several, the preparatory procedure shall be carried out by the first person to take action to prosecute the defendant.
(1) If the reason for the joint preparatory procedure is lost by the suspension of a criminal prosecution or by the exclusion of a case, jurisdiction shall be governed by the conduct of preparatory proceedings on a case which has been left after the cessation of the criminal prosecution or which has been ruled out, in accordance with the provisions of Sections 13 to 16, and in that case by more than one case, also under the provisions of Sections 17 to 18a.
(2) However, in the case referred to in paragraph 1, the prosecutor who carried out the joint preparatory procedure shall continue the preparatory procedure for a case which has been left after the cessation of criminal prosecution or which has been ruled out if it is appropriate to speed up the procedure or for other important reasons.
Jurisdiction of the court.
(1) The proceedings in the first seat shall be conducted, unless otherwise provided for by the law, by a court with which the prosecutor is acting who has brought the action or made another motion.
(2) The Court of First Instance may, in order to expedite the procedure or for other important reasons, exclude proceedings concerning one of the offences or against one of the accused from the joint proceedings; the jurisdiction of the court (paragraph 1) is thus unchanged.
Withdrawal and commandment of the thing.
(1) For important reasons, the case may be withdrawn by the appropriate prosecutor and ordered by another material prosecutor; the withdrawal and commandment are decided by the prosecutor, who is jointly superior to both prosecutors.
(2) The Attorney General may withdraw the case from the competent prosecutor and conduct the preparatory procedure itself, taking into account the nature of the offence or the person of the offender as necessary; This right is also given to the District Attorney in respect of the matters on which the District Attorney's District Attorney's District Court is in preparation.
(1) For important reasons, the case may be removed from the competent court and ordered to another court of the same kind; the withdrawal and the commandment shall be decided by the court which is jointly superior to the two courts.
(2) At the request of the Attorney General or the President of the Supreme Court, the Supreme Court may, having regard to the nature of the offence or to the person of the offender as necessary, at any time of the proceedings, withdraw the case to the competent court and proceed with the proceedings and decide or order the case to proceed with the proceedings and the decision of another court of the same kind, of the same or higher stools.
Request.
(1) As a general rule, the prosecutor and the court carry out the individual criminal proceedings in their own district. However, the General and Regional Prosecutor and the Supreme and Regional Court may also execute them by requesting the District Prosecutor or the People's Court in whose district the action is to be carried out.
(2) Outside their constituency, individual criminal proceedings shall be carried out by the prosecutor and the court, as a general rule, by a request from the district prosecutor or the folk court in whose district the action is to be carried out; However, if there is a danger of delay or if there is a need for a proper assessment of the matter, they shall carry it out themselves outside their perimeter.
(3) In the field of military justice, the individual criminal proceedings may be carried out by a military prosecutor and a military court at all times by a request from the district attorney or a folk court in whose district the action is to be carried out.
Legal aid in contact with abroad.
(1) The obligation to provide legal assistance to courts and authorities of foreign States, as well as the right to ask them for legal assistance, is governed by the rules issued by the Minister for Justice.
(2) Relations with the courts and authorities of foreign states are taking place, unless otherwise modified, via the Ministry of Justice.
Decision.
The Senate vote.
(1) The vote and the deliberations preceding them may be taken by the stenographer in addition to the Judges. A separate protocol shall be drawn up for the vote.
(2) The judges of the people vote before the other judges. The judges of the younger vote before the elders; in military courts, judges of lower rank before judges of higher rank and at the same rank younger before elders. The President of the Chamber shall vote for the last time.
(3) A majority of the votes shall be required for the decision. If the majority is not achieved by dividing the questions, the votes cast by the least favourable to the votes cast after them shall be added to the votes cast by the majority. If there is a dispute which of the votes is more favourable to the defendant, the vote shall be taken.
(4) All members of the Senate must vote even if they have been overvoted on a previous question. However, when voting on the penalty, those who voted for the waiver may abstain; Their voices are then added to the voice of the accused's most favourable.
The decision-making method.
(1) The Prosecutor shall decide, unless otherwise stated by law, by order.
(2) If the law does not expressly state that the court decides by judgment, it shall act by order.
Content of the sentence.
(1) The judgment must contain, following the introductory words "On behalf of the Republic":
(a) the designation of the court and the date on which the judgment was delivered;
(b) the name and surname of the defendant, the date and place of birth, his employment and residence;
(c) a statement as to whether the defendant is recognised as guilty or acquitted of the action and the indication of the offence to which that statement relates, indicating all his legal characteristics, place, time and other circumstances which are necessary to prevent the action from being confused with another;
(d) the reasons and the instructions for the appeal.
(2) If the court decides in the main or appeal proceedings on a safeguard measure, the judgment must also contain that statement.
(1) The judgment must also contain an opinion on the sentence, stating the legal provisions applied and the opinion on the obligation to pay the costs of the criminal proceedings (§ 72).
(2) Where the court decides in the main or appeal proceedings
(a) conditional conviction;
(b) the claims of the injured party arising from the offence; or
(c) the liability of the person concerned,
the judgment must also contain those statements.
Content of the resolution.
(1) In addition to the operative part, the resolution shall include the designation of the prosecutor or court, the date of the decision, the brief indication of the case and the lessons learned about the complaint.
(2) The order rejecting an application or against which a complaint may be lodged or which decides on an appeal must also state the reasons.
Notification of decisions.
(1) Decisions of the Prosecutor and of the Court shall be notified to the persons present by the declaration.
(2) A prosecutor who was not present at the time of the decision shall be notified of that decision by sending the file for inspection. If the prosecutor so requests, a copy of the decision shall be delivered to him, even if he was present at the time of its publication.
(3) Where the person concerned by the decision was not present at the time of its publication, the decision shall be notified to him by service of the copy of the decision; If such a person was present at the time of publication, a copy of the decision shall be delivered to him, only if he so requests. The same copy of the appeal decision shall always be served on the person concerned by the decision.
Correction of the draft decision.
(1) The Prosecutor may correct obvious errors in his decision, unless the decision is amended accordingly.
(2) The President of the Chamber may correct obvious errors in the original of the judgment, unless this changes the decision.
(3) The correction shall be made in such a way that the original text remains legible. All persons to whom a copy of the decision has been served shall be informed of the repair carried out; at the same time as a copy of the draft decision, if necessary, shall be required to make a correction.
(4) A complaint shall be admissible against a correction decision if the appeal is also admissible against the original decision. This complaint shall have suspensory effect if it is also appealed against by the original decision.
Complaints.
Admittance.
(1) The appeal against the order is a complaint.
(2) Complaints may be contradicted by the order of the prosecutor and the court if they decide in the first chair, only if the law so permits; a complaint against the order of the Attorney General or the Supreme Court is not admissible.
Authorised persons.
The complaint may be lodged by the person directly concerned by the order and, if the court order is concerned, by the prosecutor.
Time limit.
The complaint shall be lodged with the prosecutor or the court against whose order it is directed within three days of notification of this order (Paragraph 29).
Surrender and withdraw the complaint.
(1) The authorised person may expressly withdraw or withdraw the complaint lodged.
(2) A complaint lodged by the prosecutor can be withdrawn by the superior prosecutor.
(3) A complaint lodged in favour of a person directly concerned by the order may be withdrawn only with the express consent of the person for whom the complaint has been lodged.
Decision on the complaint.
(1) The prosecutor or the court against whose order the complaint is directed may satisfy the complaint itself if the amendment of the original order is not to the detriment of a person other than the complainant.
(2) If the time limit for lodging a complaint has elapsed for all the persons entitled and the complaint has not been complied with in accordance with paragraph 1, the prosecutor shall refer the matter to the prosecutor's superior and, if the complaint is against the court's decision, the President of the Chamber shall refer the matter to the court's superior.
(1) The complaint against the order of the district attorney is decided by the Attorney General. Complaints against the district attorney's order are decided by the district attorney's superior.
(2) Complaints against the order of the Regional Court shall be decided by the Supreme Court. Complaints against the People's Court order are decided by the superior regional court.
(1) The prosecutor or court shall reject the complaint,
(a) if it is not admissible,
(b) if it has been submitted late or by a person not authorised or by a person who has expressly surrendered or withdrawn it; or
(c) unless it is justified.
(2) A complaint lodged later by the beneficiary cannot be rejected as late as it was due to incorrect instructions.
If the superior prosecutor or court does not reject the complaint, the contested order shall be annulled; and
(a) decide by itself on the matter; or
(b) order the prosecutor or the court against whose order the complaint is directed to renegotiate and rule; in the case of a new decision, this prosecutor or court is bound by the legal opinion expressed by the superior prosecutor or court in the case.
Exclusion of the prosecutor and judge.
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Regulation Information
| Citation | Decree No. 1 / 1953 Coll., on the full version of the Code of Criminal Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1953 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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