Act No. 142 / 1961 Coll.
Law on disciplinary liability of professional judges
Valid
Effective from 11.12.1961
142
THE LAW
of 29 November 1961
on the disciplinary liability of professional Judges
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
The courts perform important tasks in consolidating socialist legality and promoting the principles of socialist coexistence in our society. The responsible tasks of the courts require that every judge be a model of his commitment to the socialist establishment, a socialist relationship to the fulfilment of judicial duties, civil integrity and his personal life. Infringement of judicial duties or conduct of an undignified judge violates the seriousness of the courts of citizens and damages the interests of the state and society. Therefore, disciplinary measures can be used as educational means against judges who do so.
Charity
(1) The judge may be prosecuted
(a) if serious defects occur in his judicial work;
(b) where the Judge is acting in a manner undignified and prejudicial to the seriousness of his judicial function.
(2) For minor defects at work or other minor failures, disciplinary proceedings shall not be introduced. Such defects or faults shall be expressed by the judge who exercises official supervision.
Pricing Chambers
(1) The punitive proceedings are conducted by the disciplinary chambers of the Regional Courts, the Supreme Courts of the Republics and the Supreme Court of the Czechoslovak Socialist Republic.
(2) The Boards of Appeal shall consist of three professional Judges.
(3) The President of the Board of Appeal, its representative and the number of other members of the Board of Appeal shall be appointed for a year in advance by the President of the Tribunal to which the Board of Appeal is established, from among the Judges of that Tribunal.
Independence of members of the Senate
Members of the Senate are independent in the performance of their duties and are bound only by the law of the Czechoslovak Socialist Republic.
Jurisdiction
(1) The disciplinary action against the judges of the District Court is carried out by the disciplinary committee of the Regional Court.
(2) The disciplinary proceedings against judges of the Regional Courts and Supreme Courts of the Republics are carried out by a disciplinary committee of the competent Supreme Court of the Republic.
(3) The disciplinary action against the judges of the Supreme Court of the Czechoslovak Socialist Republic is carried out by the disciplinary committee of the Supreme Court.
Opening of disciplinary proceedings
(1) The disciplinary procedure is initiated on a proposal from
(a) the President of the Supreme Court of the Czechoslovak Socialist Republic against any judge of that court;
(b) the Minister of Justice against any Judge of the courts of the Republic concerned;
(c) the President of the Supreme Court of the Republic against any Judge of the Supreme Court of the Republic;
(d) the President of the Regional Court against any Judge of the competent Regional Court or the District Court in its district;
(e) the President of the District Court against any Judge of the competent District Court.
(2) Where the authority referred to in paragraph 1 considers that, in view of the nature of its conduct as a judge, a Judge is no longer suitable, it shall give the competent authorities the opportunity to consider, unless an application for the removal of the Judge from office is made.
(3) The institution which makes an application for disciplinary action against a Judge (paragraph 1) or which initiates the removal of a Judge from office (paragraph 2) shall, before submitting the application or initiative, discuss the matter with the race committee of the basic organisation of the Revolutionary Trade Union Movement at the Registry and add its observations to the proposal or initiative.
(4) The Judge against whom an application for disciplinary action has been lodged must be informed of the content of the application, be given the opportunity to comment on the application, provide the explanations needed to clarify the case and propose the implementation of evidence proving his claims.
Deadline for submission of the application
The application for the opening of disciplinary proceedings shall be submitted within two months of the date on which the authority entitled to file the application became aware of the disciplinary action, but no later than one year after the date of the act of disciplinary action.
Preliminary discussion of the proposal
(1) The President of the Board of Appeal shall examine the alleged facts in an appropriate manner, determine the time for hearing the case before the Board of Appeal and arrange for the summons of the Judge against whom disciplinary proceedings are pending. The time of the case before the Board of Appeal shall also be communicated to the authority which made the application to initiate the disciplinary procedure.
(2) Citizens called by the Senate to witness are required to appear and testify as witnesses.
The President of the court seised of disciplinary action against a judge of the courts of the Republic, the Ministry of Justice of the Republic concerned, shall inform the President of the court seised of the opening of disciplinary proceedings and the time of the hearing.
Refusal of members of the Senate
The Judge against whom disciplinary action is sought may, if there are serious grounds for doing so, reject any member of the Board of Appeal. The President of the court with which the Board of Appeal is established shall decide on the grounds for refusal. If the members of the Board of Appeal are recognised as justified, they shall take measures to supplement the Board of Appeal.
Proceedings before the Board of Appeal
(1) The case before the Board of Appeal is to be dealt with in principle in the presence of the judge against whom the disciplinary proceedings are being conducted. In his absence, the matter shall be discussed only if he refuses to appear before the Board of Appeal or does not appear without a reasoned apology. The judge against whom disciplinary action is conducted may choose a lawyer from among court staff.
(2) At the beginning of the hearing, the President of the Board of Appeal, or a member of the Board of Appeal designated by him, shall submit a motion for disciplinary action and report on the results of the preliminary examination of the application. Then the judge against whom disciplinary action is conducted shall be heard and the evidence shall be carried out as appropriate. The court against which the disciplinary proceedings are conducted and the authority which proposed the opening of the disciplinary proceedings may comment on the evidence made, propose the execution of further evidence proving their claims and provide the explanations necessary to clarify the case. The last word shall be given to the Judge against whom disciplinary action is being conducted and to his lawyers.
(3) After the final meeting, the President shall give the decision of the Board of Appeal a statement of the essential reasons. A majority of the members of the Senate shall be sufficient to receive it.
(4) Minutes shall be taken of the conduct of the negotiations.
Decision of the Board of Appeal
(1) If, after hearing the case, the Board of Appeal concludes that the Judge has committed a criminal offence, it shall impose certain of these disciplinary measures on him
(a) reprimand,
(b) public reprimand,
(c) a reduction in the salary of up to 10% for a maximum period of three months.
(2) If, after hearing the case, the Board of Appeal concludes that the judge has not committed or cannot be proved guilty of disciplinary action, it shall take an exoneration decision.
The Board of Appeal shall suspend proceedings:
(a) if the application to initiate disciplinary proceedings has been submitted late or withdrawn;
(b) if the court against which the disciplinary proceedings are conducted has been dismissed from the judicial function before the end of the disciplinary proceedings, the judicial function shall be waived or terminated because it has been sentenced for an offence committed intentionally; or
(c) if there is any other reason to stop the disciplinary proceedings.
The decision of the Board of Appeal shall be served on the Judge against whom the disciplinary proceedings are brought, the institution which has proposed the opening of the disciplinary proceedings and, if the judge is a court of the Republic, the Ministry of Justice of the Republic concerned.
Appeals
(1) An appeal may be brought against the ruling of the court of the court of the county disciplinary authority within 15 days of the date on which the decision was served. The Board of Appeal of the Supreme Court of the Republic shall decide on an appeal having suspensory effect. The appeal shall be filed before the Regional Court.
(2) Appeals may be made:
(a) the judge against whom disciplinary action is taken;
(b) the authority which proposed the opening of the disciplinary procedure.
(3) Paragraph 10 to 14 shall apply mutatis mutandis in the appeal proceedings.
(4) No appeal may be brought against the decision of the Senate of the Supreme Court of the Republic of Czechoslovakia and the Supreme Court of the Czechoslovak Socialist Republic.
Elimination of the punitive measure
Within one year of the legal power of the decision to impose a disciplinary measure, the judge shall be regarded as if he had not been prosecuted for this criminal offence.
Transitional and final provisions
No disciplinary action shall be taken if the Judges for the same act:
(a) criminal proceedings have been imposed; or
(b) a measure has been imposed in proceedings before a national committee or other State body because it has committed an infringement.
The provisions of this Act do not apply to judges of military courts and to military judges of the Supreme Court of the Czechoslovak Socialist Republic. The exercise of disciplinary authority over these judges shall be governed by military regulations.
Unless otherwise provided for in this law, the provisions of the Code of Criminal Procedure shall apply mutatis mutandis in disciplinary proceedings.
The provisions of this law also apply to proceedings in cases pending.
Repeal
Act No. 37 / 1957 Coll., on the disciplinary liability of judges of folk and county courts, is hereby repealed.
This Act shall take effect on the day of its publication.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 142 / 1961 Coll., on the disciplinary liability of professional judges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.1961 |
|---|---|
| Effective from | 11.12.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0