Act No. 102 / 1953 Coll.
Law amending and supplementing certain provisions of administrative criminal law
Valid
Effective from 01.01.1954
102.
Law
of 22 December 1953
amending and supplementing certain provisions of administrative criminal law.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The purpose of the law.
The extension of the educational effect of punishments imposed for offences should be ensured by reregulation of those punishments. In order not to apply completely different aspects in the assessment of criminal offences and serious offences and thus to contribute to the consistent maintenance and consolidation of socialist legality, proceedings on such offences must be concentrated with prosecutors and courts.
Jurisdiction in criminal matters.
Powers of the national committee bodies.
(1) Only one of the following punishments may be imposed by the authority of the national committee for the offence:
(a) corrective action for up to three months;
(b) public censure;
(c) fine up to 3000 CZK.
(2) The authority of the national committee may impose only the following secondary penalties for an offence:
(a) a prohibition of action;
(b) forfeiture of the case;
(c) publication of the finding.
(3) Only the criminal commission set up with the National Committee (Section 90 of the Administrative Code) is responsible for imposing the following penalties:
(a) corrective action;
(b) public censure;
(c) a fine exceeding 500 Cds;
(d) a prohibition of action.
(4) No replacement penalty shall be imposed by the national committee's authority for an immaterial fine.
(1) If the authority of the national committee considers that, in view of the degree of risk to society, the degree of guilt, the person responsible or aggravating circumstances, a penalty of a different kind or a penalty higher than that referred to in § 2 (1) or (2) is required, the case shall be referred to the appropriate district prosecutor; If the prosecutor returns the referred case, the national committee authority shall proceed with the proceedings.
(2) Only a criminal commission set up with the National Committee may refer the case to the Prosecutor under paragraph 1.
(3) The provisions of paragraphs 1 and 2 are not to be used in an infringement proceedings.
A sermon of misdemeanors.
(1) Transfers committed by persons subject to military disciplinary authority shall be punishable according to the disciplinary rules applicable to them.
(2) National Defence and Home Affairs Ministers shall determine which performances are entitled to refer the matter to the appropriate military prosecutor, unless they consider that the degree of danger to society, the degree of guilt, the person responsible for the offence or the aggravating circumstances of disciplinary action is sufficient.
Punishments.
Corrective measures imposed for offences.
(1) The offence may be imposed as a principal sentence instead of the prison sentence provided for in the law, the penalty for corrective action; the period of the corrective action so imposed shall be at least 14 days and shall not be more than twice the maximum prison sentence laid down in the law for that offence.
(2) Corrective measures may not be imposed on the offender who:
(a) work is permanently incapacitated; or
(b) be subject to military discipline.
(3) The fine may not be imposed in addition to the corrective measure.
Corrective measures shall be carried out on a free basis. What matters is that the offender is obliged to perform the work for him during the sentence for reduced pay for the work and without certain benefits resulting from the employment.
(1) If the offender is in employment, in particular if he is primarily a physical worker, a change in his employment shall not be ordered. However, for important reasons, a change in the offender's employment may be ordered for the duration of the sentence, in particular in order to carry out work less responsible or in another place of work; in this case, the principles for determining the type, manner and place of employment of the offender shall also be laid down.
(2) One fifth of the remuneration due to the offender for the work is forfeit by the State; However, this amount may be reduced to one twentieth of the remuneration when the sentence is imposed.
(3) The period of execution of the corrective action shall not be counted against the duration of the employment relationship if its duration is relevant for the creation or extent of the employment rights; However, if one year has elapsed since the execution of the corrective action, that period shall be counted back to the duration of the employment. The claims of the national insurance offender remain unaffected.
(1) The execution of the corrective measure shall not include the period of time for which the offender does not carry out the work assigned to him for any reason.
(2) If the offender does not take up or perform his work properly within the prescribed period, the court shall turn the remedy into a prison sentence. In two days' time, the court shall impose one day's imprisonment.
Enforcement of the corrective action imposed by the national committee authority.
The execution of the corrective measure imposed by the national committee authority shall be arranged by that authority.
(1) The authority of the national committee which imposed the corrective action shall inform the offender's employer and inform him of the facts necessary for the execution of the sentence.
(2) Where a change in the previous employment of the offender is made, the new employment shall be determined by the authority of the national committee which imposed the corrective action, in accordance with the principles laid down when the penalty is imposed; the employer shall communicate the facts necessary for the execution of the corrective action.
(3) The employer of the offender shall immediately communicate to the national committee authority all facts relevant for the conversion of the corrective action or the remainder of it into a custodial sentence; is also obliged to charge and pay the national committee the amounts of remuneration due to the perpetrator for work forfeited to the State.
Where the offender is affected by a disease which makes it impossible to pursue the intended employment, the national committee authority shall postpone or suspend the execution of the corrective action it has imposed or designate another person to work; This shall also be done by the authority of the national committee if it is a pregnant woman whose health would be at risk of being punished.
If the authority of the National Committee becomes aware of the facts justifying the conversion of the corrective measure imposed by it or the remainder of it into a custodial sentence, it shall immediately inform the District Attorney.
Convicted conviction.
The execution of the custodial sentence imposed for the offence may be suspended by the court on condition; Paragraph 24 to 28 of the Criminal Law on Conviction of Convictions shall apply mutatis mutandis.
Total punishment.
If the court condemns the perpetrator for the offence and offence, Article 22 (1) of the criminal law on total punishment shall apply mutatis mutandis.
Transitional and final provisions.
The criminal commission set up with the National Committee shall be subordinate to the Board of the National Committee.
The existing rules on infringement proceedings shall be applied if a decision has been taken in the proceedings initiated before the entry into force of this law in the first chair; If, however, the decision of the Board of Appeal has been amended and the case has been referred back to the first chair for reconsideration, proceedings under this law shall continue.
All provisions contrary to this law shall be repealed; Furthermore, Article 12 (3) and (4) of the Administrative Criminal Law is repealed.
This Law shall take effect on 1 January 1954; It shall be carried out by the Ministers for Justice, Home Affairs and National Defence and by other members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Čepice v. r.
Kopecký v. r.
Uher v. r.
Bark v. r.
Lamb
David v. r.
Dvořák v. r.
Děuriš v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Krajčir v. r.
Kromir
Dr Kylý v. r.
Malek v. r.
Maurer v. r.
Inedible
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Polack v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Reitmajer v. r.
Smida v. r.
Shimonek v. r.
Dr Skoda v. r.
Dr. Nove v. r.
Stoll v. r.
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Regulation Information
| Citation | Act No. 102 / 1953 Coll., amending and supplementing certain provisions of Administrative Criminal Law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1953 |
|---|---|
| Effective from | 01.01.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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