Act No. 148 / 1969 Coll.
Act amending and supplementing Criminal Act No. 140 / 1961 Coll.
Valid
Effective from 01.01.1970
148
THE LAW
of 18 December 1969
amending and supplementing Criminal Law No. 140 / 1961 Coll.
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
The general part of the criminal law is amended as follows:
1. Article 26 shall be deleted;
2. In Section 27, point (i) is added as follows: "residence ban '.
3. In Paragraph 28, paragraph 1 is inserted in the third sentence after the word "expulsion '.
4. Paragraph 36 deletes paragraph 2 and paragraph 1.
5. The following Section 57a is inserted after Section 57:
Prohibition of residence
(1) The Court of First Instance may impose a prohibition of residence for a period of one to five years if, for an intentional offence or offence, it condemns an offender who avoids honest work and does not reside in the place or district to which the sentence is to apply, if, taking into account the crime scene, the protection of national security, internal order, protection of family, health, morality or property.
(2) The sentence of the prohibition of residence may be imposed as a separate penalty if, in view of the nature of the offence or offence committed and the possibility of correcting the offender, the imposition of another penalty to achieve its purpose is not necessary.
(3) The Court of First Instance may impose, for the duration of the sentence, adequate restrictions on the perpetrator to lead the proper life of the working person.
(4) Where the sentence of the residence ban is imposed in addition to an unconditional custodial sentence, the period of execution of the sentence of imprisonment shall not count until the period of the residence ban; the measures referred to in paragraph 3 shall be taken by the court only after the prison sentence has been served or on interruption or suspension.
(5) The sentence of the prohibition of residence shall be that the sentenced may not stay in a specific place or district for the duration of the sentence; a temporary stay in such a place or district in a necessary personal matter shall be required for a permit. ';
6. in Article 61, the terms "or the stay" shall be inserted after the words "operating ban" in the title and in paragraph 3, Section 63 (2), Section 64 (1), (2), (3) and (5).
7. the following Section 67a is inserted after Section 67:
By the passing of the statute of limitations, the penalty will not cease.
(a) the offences referred to in Title 10, with the exception of the offences referred to in Article 261;
(b) the offence of terror (§ 93), the general threat (§ 179 (2) (3) (a)), the murder (§ 219), the assault (§ 221 (2) (b), (3) and (4) (222), the restriction of personal liberty (§ 231 (3)), the deprivation of personal liberty (§ 232), the introduction into foreign territory (§ 233) and the violation of home liberty (§ 238 (2), where they have been committed in such circumstances as to constitute a war or a crime against humanity under the law of international law;
(c) the offence referred to in Article 1 of the Act of 20 December 1950 No 165 Coll., to protect peace. '
8. The second sentence of Paragraph 68 (2) reads as follows:
"The limitation period shall not include the period during which the sentence could not be carried out because the sentenced person was illegally staying abroad or where another prison sentence was carried out."
9. The following Section 68a is inserted after Section 68:
The execution of the sentence imposed on the offences referred to in § 67a shall not be barred. ';
10. the words "or in connection with alcohol consumption" shall be added to Paragraph 72 (2) (b).
11. in Paragraph 72 (4):
"Protective treatment is usually carried out in a medical institution. However, if, due to the nature of the disease and the medical possibilities, the purpose of the treatment is to be expected to be met by outpatient treatment, the court may order such treatment or, where appropriate, by constitutional treatment to be subsequently converted into outpatient treatment or vice versa. '
12.Paragraph 1 shall be deleted in Paragraph 89. Paragraphs 2-13 are renumbered paragraphs 1-12.
The specific part of the criminal law is amended as follows:
13.
Those who publicly defame the Republic, the Federal Assembly of the Czechoslovak Socialist Republic, the Czech National Council, the Slovak National Council or their Bureau or the Government will be punished by deprivation of liberty for up to two years or by corrective action. "
14. The following Section 209a is inserted after Section 209:
Unauthorised use of a foreign motor vehicle
(1) If a foreign motor vehicle intends to use it temporarily, or if a vehicle which has been entrusted to it has been used temporarily, it will be punished by deprivation of liberty for up to two years or by a remedy or by a financial penalty.
(2) In the same way, it shall be punished who is illegally using or co-using a foreign motor vehicle, although he knows that it comes from the act referred to in paragraph 1.
(3) By withdrawing liberty for six months to three years or by corrective action or by punishable money or by prohibition of action, the offender shall be punished,
(a) if the act referred to in paragraph 1 causes significant damage or intentional damage not minor;
(b) if he has committed this act again or has already been convicted of such an act;
(c) where this gives an unjustified benefit to a greater extent.
(4) By withdrawing liberty for one year to five years, or by punishable money or prohibition of action, the offender will be punished,
(a) if the act referred to in paragraph 1 intentionally causes significant damage;
(b) if the act referred to in paragraph 1 is committed again, although it has already been punished for such an act,
(c) where this gives an undue advantage to property; or
(d) any other particularly serious consequence. "
This Act shall take effect on 1 January 1970.
Freedom v. r.
Dr. Hanes v. r.
Ing. Cernik v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 148 / 1969 Coll., amending and supplementing Criminal Act No. 140 / 1961 Coll. |
|---|---|
| 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.
Comments 0