Act No. 147 / 1969 Coll.
Act amending and supplementing Act No. 60 / 1965 Coll., on the Prosecutor's Office
Valid
Effective from 01.01.1970
147
THE LAW
of 18 December 1969
amending and supplementing Act No. 60 / 1965 Coll., on the Prosecutor's Office
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 60 / 1965 Coll., on the Prosecutor's Office, as amended by Acts No. 71 / 1967 Coll., No. 29 / 1968 Coll. and No. 175 / 1968 Coll., is amended as follows:
1. Paragraph 1 (1) shall be supplemented at the end by the words "Czechoslovak Socialist Republic."
2. Article 1 (2) to (4) reads as follows:
"(2) The authorities of the prosecution form a single centralised system, led by the Attorney General of the Czechoslovak Socialist Republic, in which the lower prosecutors are subordinate to the higher ones. They shall perform their functions independently of the local authorities.
(3) The authorities of the General Prosecutor of the Czechoslovak Socialist Republic and the Military Prosecutor are subordinate to the Prosecutor General of the Czechoslovak Socialist Republic. The authorities of the Czech Socialist Republic are subordinate to the Attorney General of the Czech Socialist Republic. The authorities of the Prosecutor-General of the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Slovak Socialist Republic.
(4) The Attorney General of the Czech Socialist Republic and the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Czechoslovak Socialist Republic in the exercise of supervision over the consistent implementation and maintenance of laws and other legislation issued by the authorities of the Czechoslovak Socialist Republic. The other authorities of the Prosecutor-General in the Czech Socialist Republic and the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Czechoslovak Socialist Republic in cases where the Prosecutor-General of the Czechoslovak Socialist Republic considers it necessary to impose tasks on them in the urgent interest of the Czechoslovak Socialist Republic because of the risk of delay or because the Prosecutor-General of the Republic is dormant. "
Paragraph 3 in Section 1 shall become paragraph 5.
3. In Article 3 (1), the words "the Prosecutor General and his subordinates' are replaced by the words" the prosecutors'.
Article 3 (1) (b) is amended as follows:
"(b) criminal prosecution of persons who have committed crimes and offences;"
In Article 3 (3), the words "to be carried out by the Prosecutor-General and his subordinates' are replaced by the words" to be carried out '.
4. In Section 4, the words "the Prosecutor General and his subordinate prosecutors' are replaced by" the prosecutors'.
5. Article 6 (1) reads as follows:
"The Attorney General of the Czechoslovak Socialist Republic is responsible to the Federal Assembly. The Prosecutor General of the Czech Socialist Republic is responsible to the Czech National Council. The Attorney General of the Slovak Socialist Republic is responsible to the Slovak National Council. '
6. Article 6 (2) reads as follows:
"The Prosecutor General of the Czechoslovak Socialist Republic appoints and repels the President of the Czechoslovak Socialist Republic, in whose hands he takes his vows. If the Attorney General of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, his first deputy will be a citizen of the Slovak Socialist Republic, or vice versa. The General Prosecutor of the Republic shall be appointed and removed by the Bureau of the National Council. The proposal to appoint the Prosecutor General of the Republic is made by the Prosecutor General of the Czechoslovak Socialist Republic. The Prosecutor General of the Republic shall take the oath in the hands of the President of the National Council concerned. ';
7. Article 6 (3) reads as follows:
"The Federal Assembly may propose to the President of the Czechoslovak Socialist Republic to remove the Prosecutor General of the Czechoslovak Socialist Republic from his post. The Prosecutor General of the Czechoslovak Socialist Republic may propose to the Bureau of the National Council to dismiss the Prosecutor General of the Republic. '
8.
"(1) The Prosecutor General of the Czechoslovak Socialist Republic reports to the Federal Assembly on the state of socialist legality.
(2) The Prosecutor General of the Czechoslovak Socialist Republic is obliged to attend, on request, a meeting of the House, its committee or the Bureau of the Federal Assembly; provide them with the requested information and reports.
(3) The Prosecutor General of the Czechoslovak Socialist Republic presents questions to the Bureau of the Federal Assembly which need to be regulated by the Federal Assembly Act or whose legal regulations require additions or amendments.
(4) The general prosecutors of the Republic shall act in accordance with the principles set out in paragraphs 1 to 3 in relation to the national councils, their presidencies and committees. "
9.
"The Attorney General of the Czechoslovak Socialist Republic draws the attention of the Federal Assembly to legislation issued by the authorities of the Czechoslovak Socialist Republic which contravenes the constitutional or other Federal Assembly law. The general prosecutors of the Republic shall follow that principle in relation to national councils in respect of legislation issued by the authorities of the Republic. ';
10.
"The Attorney General of the Czechoslovak Socialist Republic participates in the advisory meetings of the Czechoslovak Socialist Government. The Prosecutor General of the Republic shall take part in the advisory meetings of the Government of the Republic. '
11. in Paragraph 14 (2) (a), "Article 72 of the Constitution" is replaced by "Articles 80 and 139 of Constitutional Law No. 143 / 1968 Coll."
12. Article 15 (6) reads as follows:
"If the Ministry, other central authority or national committee directly managed by the government does not comply with the protest, it shall submit it to the competent government for decision. In cases governed by the rules on administrative procedures, the provisions on administrative procedures shall apply. '
Paragraph 15 is added as follows:
"(9) Protest may not be lodged if five years have elapsed since the decision was taken. In cases governed by administrative procedures, that period shall be calculated from the legal authority of the decision. ';
13. In Paragraph 18 (1), the second sentence is amended as follows:
"They also prosecute persons who have committed crimes."
14.
"The prosecutors shall, in accordance with the rules on proceedings before the courts, lodge complaints concerning infringements of the law and initiatives to adopt opinions to ensure a uniform interpretation of the laws."
15.
"The Prosecutor General of the Czechoslovak Socialist Republic is entitled to attend the plenary session of the Supreme Court of the Czechoslovak Socialist Republic. The Prosecutor General of the Republics shall be entitled to attend meetings of the Supreme Courts of the Republics. '
16. Article 30 (1) reads as follows:
"The prosecution is divided into the General Prosecutor of the Czechoslovak Socialist Republic, which includes the Main Military Prosecutor, the General Prosecutor of the Czech Socialist Republic, the General Prosecutor of the Slovak Socialist Republic, the Regional Prosecutor, the Senior Military Prosecutor, the District Prosecutor and the Military District Prosecutor. In the territory of the capital of the Czechoslovak Socialist Republic and the Czech Socialist Republic of Prague, the district prosecutor's office in Prague is performed by the district prosecutor's office and the district prosecutor's office is performed by the district prosecutor's office. The tasks of the District Prosecutor in the territory of the Slovak Socialist Republic of Bratislava are performed by the Municipal Prosecutor in Bratislava. The tasks of the district prosecutors in Brno, Ostrava, Plzeň and Košice are performed by the city prosecutors in Brno, Ostrava, Pilsen and Košice. In a military emergency, the State also acts as military prosecutors for higher field prosecutors and lower field prosecutors. '
17. Article 30 (2) reads as follows:
"Procuratur headquarters and circuits match those of the courts."
18. Article 30 (3) reads as follows:
"The general prosecutors of the Republic may provide for exceptions to the provisions of paragraph 2 within their jurisdiction. These measures shall be published in the Collection of Laws. '
19. Paragraph 31 shall be added after the words "Prosecutor General" by the words "Czechoslovak Socialist Republic."
20. The following provision is inserted after Paragraph 31:
The Prosecutor General of the Czech Socialist Republic is the head of the Prosecutor General of the Czech Socialist Republic. The Prosecutor General of the Slovak Socialist Republic is the head of the Prosecutor General of the Slovak Socialist Republic. '
21. Paragraph 32 (2) reads as follows:
"Regional prosecutors lead by district prosecutors, city prosecutors lead by city prosecutors, district prosecutors lead by district prosecutors and district prosecutors lead by district prosecutors."
22. In Paragraph 32 (4), the words "the Attorney General 'are replaced by the words" their superior prosecutors'.
23. Paragraph 33 (1) reads as follows:
"The Prosecutor General of the Czechoslovak Socialist Republic, the Prosecutor General of the Republics and the Chief Military Prosecutor shall direct and control the activities of all their subordinate prosecutors. They shall issue orders and instructions binding on all subordinate prosecutors and prosecutors for the performance of their duties. ';
24. Article 33 (2) reads as follows:
"The general prosecutors shall be represented to the extent specified by their deputy. One of the Deputy Prosecutor General of the Czechoslovak Socialist Republic is the Chief Military Prosecutor, who represents the Prosecutor General of the Czechoslovak Socialist Republic in the performance of the tasks of the armed forces and armed forces."
Article 25 (34) shall be deleted;
26.
"Regional prosecutors, senior military prosecutors, city prosecutors, district prosecutors, military district prosecutors, and district prosecutors may have undersecretaries representing them to the extent specified."
27. Paragraph 36 (1) reads as follows:
"Supervision of the observance of legality by authorities and organisations with federal jurisdiction is carried out by the Prosecutor General of the Czechoslovak Socialist Republic and, to the extent set by the Prosecutor General of the Czechoslovak Socialist Republic. Supervision of the observance of the legality of the institutions and organisations whose jurisdiction exceeds the district procuratura (city procuratures in Prague) is exercised by the Prosecutor General of the Czech Socialist Republic in the territory of the Czech Socialist Republic and, to the extent set by the prosecutors, by the General Prosecutor of the Czech Socialist Republic. In the territory of the Slovak Socialist Republic, the Prosecutor-General of the Slovak Socialist Republic and, to the extent specified by the Prosecutor-General of the Slovak Socialist Republic, shall supervise the legality of the authorities and organisations whose jurisdiction extends beyond the District of the District Prosecutor's Office. '
28. Paragraph 36 (2) shall be added after the word "district" in brackets by the word "urban," after the words "city prosecutor" in brackets by the word "in Prague" and after the words "city prosecutor" in brackets by the word "in Prague."
Paragraph 36 (3) shall be added after the word "circumference 'in brackets by the word" urban' and after the word "circumference 'in brackets by the word" urban'.
29. Paragraph 36 (4) reads as follows:
"The Prosecutor-General of the Czechoslovak Socialist Republic may provide for exceptions to the provisions of paragraphs 1 to 3 in its field of competence. The general prosecutors of the Republics may, in their fields of competence, provide for derogations from the provisions of the second or third paragraphs of paragraph 1 and from the provisions of paragraphs 2 and 3. '
30. Paragraph 36 is added as follows:
"(5) The Prosecutor General of the Czechoslovak Socialist Republic decides the jurisdiction disputes between the Prosecutor General of the Republics.
(6) Military prosecutors shall supervise the maintenance of legality in the armed forces and armed forces. '
31. in Paragraph 37 (1) (a), "at least 23 years" is replaced by "at least 24 years."
Paragraph 37 (3) shall be added after the words "the Prosecutor General 'by the words" the Czechoslovak Socialist Republic, the Prosecutor General of the Republics and the Chief Military Prosecutor'.
32. § 38 reads:
"(1) The Prosecutor General of the Czechoslovak Socialist Republic appoints and removes the Deputy Prosecutor General of the Czechoslovak Socialist Republic and the Chief Military Prosecutor. It also places prosecutors and investigators of the Czech Socialist Republic in office.
(2) The general prosecutors of the Republic shall appoint and remove Deputy Prosecutor General of the Republic. They shall also appoint and remove subordinate prosecutors and prosecutors.
(3) The Chief Military Prosecutor has appointed military prosecutors and prosecutors of military prosecutors. '
33.In Paragraph 40 (3) (b), the words "the Prosecutor General" are replaced by the words "a superior prosecutor entitled to a decision pursuant to Paragraph 38."
34. In Paragraph 41, the words "the Prosecutor General 'are replaced by the words" a superior prosecutor authorised to take a decision under Paragraph 38'.
35. in Paragraph 43 (1), the words "the Attorney General" shall be replaced by the words "a superior prosecutor entitled to a decision under Paragraph 38."
36. In Paragraph 44 (1), the words "the Prosecutor General 'are replaced by the words" a superior prosecutor authorised to take a decision under Paragraph 38'.
37. in Paragraph 46 (1), the words "the Attorney General" shall be replaced by the words "to senior prosecutors entitled to a decision pursuant to Paragraph 38," and the second sentence shall read: "The exercise of disciplinary authority shall be regulated by the Prosecutor General of the Czechoslovak Socialist Republic."
38. In Paragraph 46 (2), the words "the Prosecutor General 'are replaced by the words" the Chief Military Prosecutor' and the following sentence is added: "The disciplinary authority over the Chief Military Prosecutor is exercised by the Prosecutor General of the Czechoslovak Socialist Republic '.
39. In Paragraph 48 (1), the first sentence after the words "competent regional" reads: "Prosecutor-General (City Prosecutor in Prague), Prosecutor-General of the Republic or Prosecutor-General of the Czechoslovak Socialist Republic of Labour," and the second sentence is: "If the discharge is carried out by the Regional Prosecutor (City Prosecutor in Prague), he shall immediately notify the superior Prosecutor-General of the Republic."
40. In Paragraph 48 (3), the words "the Prosecutor General is' are replaced by the words" a superior prosecutor authorised to take a decision under Paragraph 38 of the waiver '.
41.
"Transfers penalised by authorities other than the courts shall be treated by prosecutors and prosecutors as criminal offences under this law."
Article 42 (50) (1) shall be added after the words "Prosecutor General" and "Central Authority" by the words "Czechoslovak Socialist Republic" and shall be added to the sentence: "The Prosecutor General of the Republic shall have the status of Head of Central Authorities of the Republic."
43. Paragraph 50 (2) shall be added after the words "Prosecutor General," "Ministers" and "Minister" by the words "Czechoslovak Socialist Republic," and the following sentence shall be added: "The provisions on the income of the general prosecutors of the Republic shall apply to the income of the ministers of the Republic, the provisions on the income of the deputy prosecutors of the Republics."
44. In Paragraph 51 (1), the words "accepted by the Prosecutor General 'are replaced by the words" accepted by the Prosecutor General of the Republic and the Chief Prosecutor for the Military Prosecutor'.
In Paragraph 51 (2), "professional 'is replaced by" active duty';
Paragraph 51 is added as follows:
"(3) Legal candidates of the prosecution are entitled to carry out simple acts of the prosecutor or investigator of the prosecution to the extent specified by the Prosecutor General of the Czechoslovak Socialist Republic."
The employment situation of prosecutors, investigators and other staff of the General Prosecutor is not affected by the establishment of the General Prosecutor of the Czechoslovak Socialist Republic, the General Prosecutor of the Czech Socialist Republic and the General Prosecutor of the Slovak Socialist Republic. Within 30 days of the date of application of this law, the Prosecutor-General of the Czechoslovak Socialist Republic shall decide on the inclusion of these staff in the individual prosecutors in agreement with the Czech Socialist Republic and the Slovak Socialist Republic.
In the period from 1 January to 31 March 1970, a superior prosecutor, entitled to a decision pursuant to Section 38 of the Prosecutor's Act, may remove the prosecutor, the military prosecutor or the prosecutor, even without his consent, from office and appoint him to another office as a prosecutor, military prosecutor or prosecutor, or possibly at another location. Removing office shall not terminate the employment of a prosecutor, a military prosecutor or an investigator of the prosecution.
The Bureau of the Federal Assembly is hereby authorised to publish in the Collection of Laws the full text of the Prosecutor's Act, as is apparent from the amendments and additions made by this and other laws.
This Act shall take effect on 1 January 1970.
Freedom v. r.
Dr. Hanes v. r.
Ing. Cernik v. r.
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Regulation Information
| Citation | Act No. 147 / 1969 Coll., amending and supplementing Act No. 60 / 1965 Coll., on the Prosecutor's Office |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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