Act No. 149 / 1969 Coll.
Act amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code)
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Effective from 01.01.1970
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149
THE LAW
of 18 December 1969
amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
The Act of 29 November 1961, No 141 Coll., on criminal proceedings of the Court (Criminal Code), as amended by Act No 57 / 1965 Coll., is amended as follows:
1. Paragraph 2 (9) reads as follows:
"(9) In criminal proceedings, the Board or a single Judge shall act before a court; the President of the Chamber and the self-judges shall decide themselves only where the law expressly so provides. ';
2. The following amendments shall be made to Section 4:
- in paragraph 1, the words "Czechoslovak Youth Union" shall be replaced by the words "youth organisations";
- paragraph 2 is deleted; paragraph 3 becomes paragraph 2.
3. In Article 12, the following amendments are made:
- in paragraph 1, the words "as well as the clarifying authority shall be inserted at the end of the sentence."
- in paragraph 2, the words "Supreme Court" shall be replaced by the words "Supreme Courts."
- in paragraph 3, the words "another court having the same jurisdiction" and the words "in Prague" shall be inserted after the words "district court,"
- in paragraph 4, the words "or any other prosecutor having the same jurisdiction" shall be inserted after the words "district prosecutor," and the words "in Prague,"
- at the end of paragraph 9, the words "and the preparatory management of the sections from the beginning of the prosecution to the filing of the indictment, referral, interruption or suspension of the prosecution shall be inserted."
- the following paragraphs 10 to 14 are inserted:
"(10) Where this law refers to a criminal offence, it also means an offence, unless something else arises from the nature of the matter.
(11) Where this law refers to an indictment, it also means a motion for punishment, unless something else arises from the nature of the matter.
(12) If this law refers to the Supreme Court, this means the Supreme Court of the Czechoslovak Socialist Republic, the Supreme Court of the Czech Socialist Republic or the Supreme Court of the Slovak Socialist Republic, depending on the nature of the case.
(13) If this law refers to the Attorney General, this means, according to the nature of the case, the Prosecutor General of the Czechoslovak Socialist Republic, the Prosecutor General of the Czech Socialist Republic or the Prosecutor General of the Slovak Socialist Republic.
(14) Where this law refers to the Ministry of Justice, it means the Ministry of National Defence in the field of military justice; it means the Minister of Defence in the field of military justice. '
4. Paragraph 13, including the title, reads:
Enforcement of criminal justice
The courts of the district courts, the regional courts, the Supreme Court of the Czech Socialist Republic, the Supreme Court of the Slovak Socialist Republic, the Military Courts and the Supreme Court of the Czechoslovak Socialist Republic shall conduct criminal proceedings. "
5. Article 17 (1) reads as follows:
"(1) The Regional Court shall, at first instance, conduct criminal proceedings where the law provides for a custodial sentence of at least five years or where the death penalty may be imposed. On the crime of terror, corruption, sabotage, subversion of the Republic and the damage to the state of the world socialist system, and on crimes under the law of peace protection, the regional court shall, at first instance, even if the lower limit of the sentence is lower. '
6. Paragraph 20 (2) becomes paragraph 3 and the following paragraph 2 is added:
"(2) Joint proceedings concerning the offence and offences which should be brought by a single judge and the offence which should be brought by the Chamber shall be held by the Senate. ';
7. Paragraph 25 is renumbered paragraph 1 and paragraph 2 is added:
"(2) Removing the case which is for the proceedings of a court having its registered office in the Czech Socialist Republic and ordering it to the court in the Slovak Socialist Republic, or vice versa, is only possible if the Supreme Court of the Republic, in which the court to which the case is removed, agrees to the removal and order of the case."
8. Article 26 shall be deleted;
9. In Paragraph 48 (1) (c), the words "the local People's Court or 'shall be deleted.
10. Paragraph 56 (2) of the second sentence shall read: "If this obstacle is with another person or with a single judge, the reason why the signature has fallen out shall be noted in the Protocol."
11. Paragraph 71 (1) second sentence reads: "Only a superior prosecutor may extend this period." The third sentence is deleted
12. Article 72 (2) reads as follows:
"(2) The defendant has every right to ask for his release. His application must be decided by the court and the prosecutor in the preparatory proceedings without delay. If the defendant's application has been rejected, he may, if he fails to state other reasons, repeat it after a fortnight. '
13. in Paragraph 119 (2), the words "Other law enforcement authorities" are replaced by the words "Prosecutor, investigator and search authority."
14. In Paragraph 129, the second sentence shall be added at the end of paragraph 3, which shall read: "If a Judge is a single Judge, the judgment of the Judge appointed by the President of the Court shall be drawn up."
15. The following Section 146a is inserted after Section 146:
Deciding on a complaint against decisions on the freezing of persons or property
A complaint against a decision which:
(a) the prosecutor has taken the defendant into custody or rejected the defendant's request for release from custody;
(b) the prosecutor or investigator has ordered the defendant to be observed in a health institution or, if the defendant is in custody, in a special detention centre (§ 116),
(c) the prosecutor has secured the property of the accused to secure the claim of the injured party (§ 47);
(d) the prosecutor has secured the property of the defendant (Section 347), the court in whose district the prosecutor or investigator who has issued the contested decision shall decide, as a rule, within five days. "
16. The heading of Part Two reads:
"Investigation and search for crimes and clarification of offences"
17. In Section 157, the words "and the search authority 'are replaced by the words" the search and clarification authority'.
18. In Section 158 (3), the words "To clarify 'are replaced by" To verify'.
19. The following amendments shall be made to Section 159:
- in paragraph 1, points (a) and (b) and (c) shall be deleted; (a) and (b)
- in paragraph 3, points (b) and (c) shall be deleted and point (d) shall be renumbered (b),
- paragraph 5 is deleted.
20. Article 171 (1) and (2) reads as follows:
"(1) The investigator or the search authority shall refer the matter to another authority if the results of the investigation indicate that it is not a criminal offence or an offence, but that it is an offence or a criminal offence for which that authority has jurisdiction.
(2) The investigator or the search authority may refer the case to the competent authority responsible for disciplinary proceedings, if it is a criminal offence or an offence which can be dealt with by disciplinary action, and in view of the person accused and the nature of the offence, such execution may be considered sufficient. ';
21. Article 175 (1) (a) reads as follows:
"(a) to file an indictment or application for punishment,"
22. in Title 10, the following Section 8 is inserted after Section 7:
Clarification of offences
(1) There is clarification about the offences.
(2) The clarifications are carried out by the authorities referred to in § 168 (2) and (3).
(1) Clarification authorities
(a) require explanations from national authorities, national, economic and other organisations, including a report on the reputation and copy of the criminal record;
(b) require expert advice from the competent authorities;
(c) provide the necessary supporting documents, in particular files and other written documents;
(d) require the necessary explanations from citizens;
(e) require that the operations necessary for the identification of persons be carried out;
(f) identify and provide evidence of the crime;
(g) carry out an examination of the case;
(h) conduct an examination of the crime scene;
(ch) require a blood test or other similar action by a doctor or medical professional, require and in some cases carry out a physical examination of the body themselves, provided that it is absolutely necessary to determine whether there are traces or consequences of the action on the body; they proceed in accordance with Paragraph 114;
(i) under the conditions laid down in Paragraph 76, they may detain a suspect;
(j) may, under the conditions laid down in paragraphs 78 and 79, require the case to be given or to be withdrawn.
(2) During clarification
(a) there is no need to draw up a report on the explanation; the brief content of the statement should be specified in a report summarising the results of the clarification; if there is a need for a witness hearing, follow section 2 of Title 5,
(b) the suspect must always be informed of what he is suspected of; when questioning a suspect, even if he is not detained, the procedure laid down in Article 76 (5) shall be followed;
(c) the lawyer's participation is not permitted.
Where there is a need, in the course of the clarification, to carry out a reinsurance operation in accordance with Title Four, with the exception of the detention referred to in Section 76, the issue and withdrawal of a case pursuant to Sections 78 and 79, or the personal examination referred to in paragraphs 82 (2) and (3), the investigating authority shall, if there are reasons for the detention, transmit the case to the investigator, or the search authority for the initiation of the prosecution, and inform the prosecutor at the same time.
(1) The clarification shall be completed no later than one month after the date on which the authority authorised to carry out the clarification becomes aware of the act.
(2) The results of the clarifications shall be summarised by the authority which carried them out in the report on the outcome of the clarifications and sent to the prosecutor together with the proposal for a definitive action; the report shall be accompanied by a copy of the criminal record, interview protocols, if any, and other documents.
(3) The report on the outcome of the clarification must include:
(a) the designation of the clarifying authority and the date of the report;
(b) personal data of a suspect within the scope of Section 177 (1) (b);
(c) a concise but concise statement of the facts, together with the content of the statements of the persons heard, indicating the offence to be observed in the case and the means of evidence justifying the suspicion;
(d) personal data of the injured party.
(4) If there is no suspicion of an offence, the authority which carried out the clarification shall postpone the case unless it is appropriate to resolve the matter differently. Such management may in particular:
(a) surrender of a case to a national committee or other body for the purpose of dealing with an offence; or
(b) surrender to another body for disciplinary or disciplinary action.
(5) If the authority which carried out the clarification finds that the prosecution is inadmissible pursuant to Article 11 (1) or that the prosecution is inefficient in the light of the circumstances referred to in Article 172 (2), or if one of the grounds for the suspension of the prosecution is there (Article 173 (1)), it shall submit a report on the outcome of the clarification to the prosecutor with a proposal for the postponement or interruption of the case.
(6) The clarifying authority shall always inform the notifier of the measures referred to in paragraph 4.
(1) The Prosecutor, who will be informed of the outcome of the clarification,
(a) submit a motion for punishment to the court if it finds that the results of the clarification justify the position of the suspect before the court;
(b) postpone the case, if not on suspicion of a criminal offence or offence,
(c) postpone the case if the prosecution is inadmissible pursuant to Article 11 (1);
(d) the case may also be postponed if the prosecution is inefficient in the light of the circumstances referred to in Paragraph 172 (2);
(e) the case shall be interrupted if one of the grounds referred to in Article 173 (1) is present;
(f) refer the matter to the national committee or other authority for consideration of an offence;
(g) refer the matter to another body for disciplinary or disciplinary action; or
(h) return the matter to the clarifying authority with an instruction in which directions the clarification needs to be supplemented.
(2) If, together with the report on the outcome of the clarification, a detainee is also handed over to the prosecutor, the prosecutor shall surrender that person if he does not release him, no later than 48 hours before the court, together with a motion for punishment. The custody will be decided by the court.
(3) The prosecutor shall always inform the notifier of the measures referred to in paragraph 1 (a) to (d).
(1) The prosecutor's motion for punishment includes:
(a) the designation of the prosecutor and the date on which the proposal is drawn up;
(b) the suspect's name, surname and personal data;
(c) a brief indication of the action and the relevant legal provision, the violation of which the prosecutor sees in the act of the suspect,
(d) a list of the evidence the prosecutor proposes to carry out in the main trial.
(2) The prosecutor shall always attach to the proposal a report on the outcome of the clarification, together with all the annexes. "
Article 23 (186) (1) (b) reads as follows:
"(b) that the case is to be referred under Paragraph 171 (1) or (2)"
24. In Article 188, the following amendments are made:
- in paragraph 1:
point (b) is replaced by the following:
"(b) refer the matter to the authority responsible for disciplinary proceedings where the circumstances referred to in Paragraph 171 (2) are present."
point (c) shall read as follows:
"(c) refer the case to another authority where the circumstances referred to in Paragraph 171 (1) are present,"
point (g) shall read as follows:
"(g) the case shall be referred to a single Judge if, pursuant to Article 314a (1), it is competent to bring proceedings; a single Judge shall be bound by this Decision, ';
point (g) is renumbered as point (h).
- paragraph 2 shall read as follows:
"(2) Following the preliminary hearing of the prosecution, the court may also suspend prosecution if the circumstances referred to in § 172 (2) are present. '
25. the following amendments shall be made to Article 222:
- paragraph 2 shall read as follows:
"(2) If the court finds that the offence or disciplinary action is the only offence, it shall refer the case to the authority responsible for deciding on the offence or criminal offence. '
- paragraph 3 is deleted and paragraph 4 becomes paragraph 3.
26. In Paragraph 266 (1), the words "President of the Supreme Court 'are replaced by the words" Minister of Justice'.
27. the following Section 266a is inserted after Section 266:
If the infringement complaint is directed against a decision of the District or Regional Court, the Supreme Court of the Republic shall decide on it; if it is directed against the decision of the Supreme Court of the Republic, the Military Court or the Military Chamber of the Supreme Court of the Czechoslovak Socialist Republic, it shall be decided by the Supreme Court of the Czechoslovak Socialist Republic. ';
28. In Section 272, the words "President of the Supreme Court 'are replaced by the words" Minister of Justice'.
29. Paragraph 274 (2) is deleted and paragraph 1 is deleted.
30. Article 275 (4) reads as follows:
"(4) The Attorney General or the Minister of Justice may suspend or suspend the enforcement of a decision against which they have lodged a complaint for infringement until the decision. The Supreme Court may also do so following a complaint for infringement. '
31. in Title 19, Section 4 is inserted after Section 3, including the title:
Proceedings before a single judge
(1) The self-Justice is conducting proceedings on the offences and offences of the unlawful use of property in socialist property pursuant to Article 133 (1), the assault on a State authority and a social organisation pursuant to Article 154 (2), the assault on a public official pursuant to Article 156 (2), the impediment to the exercise of the power of a public official pursuant to Article 156a, the incitement pursuant to Article 164, the authorisation of a criminal offence pursuant to Article 165, the unlawful production of alcohol pursuant to Article 194a (2), the violation of obligations of a judicial service pursuant to Article 201, the disorderly conduct referred to in Article 205 (1), the abuse of an illegal use of a foreign motor vehicle pursuant to Article 276, the unlawful use of a motor vehicle pursuant to Article 276 (1) and (2), the violation of the obligations of the judicial service pursuant to Article 205 (1) and the infringement of the obligations of the judicial service, the misconduct of Article 201 (1), the unlawful use of a non-lawful use of a case under Article 249 (1), the act, the offence of an offence of an offence of an offence of an offence of an offence of an
(2) However, the provisions of paragraph 1 shall not be used if the proceedings for a criminal offence are against a minor, a fugitive, a person who is deprived of legal capacity or whose legal capacity is restricted, or if, in view of the physical or mental defects of the accused, there is doubt as to his capacity to defend himself properly, against a person who has already been sentenced as a particularly dangerous reviewer by the court, or if a cumulative penalty is to be imposed and the earlier sentence has been imposed in proceedings before the Chamber.
(1) In cases where only clarification has taken place, criminal prosecution is being initiated and the effects of arraignment are being brought to the attention of the prosecutor by delivering a motion for punishment to the court.
(2) A single Judge shall have the same rights and obligations as the Senate and its President.
(3) The prosecution and the application for punishment are not preliminary to be heard by the Judge.
(4) If the procedure is only for an offence, it is not necessary to maintain the period for preparation under Paragraph 198 (1).
(5) In the main trial, the individual judge shall always read the report on the result of the clarification and its annexes.
(6) After the application for punishment has been served on the defendant, the prosecutor cannot withdraw it.
(7) A private session shall not be held by a single Judge; However, before the decision is taken, he shall request a statement from the prosecutor.
(1) Self-Justice upon receipt of the prosecutor's motion for punishment
(a) refer the case to the competent court, unless the local jurisdiction of the court is given;
(b) refer the case to the competent authority for consideration if it is an offence or a disciplinary offence, or refer the case to the authority responsible for disciplinary proceedings where the circumstances referred to in Article 171 (2) are present;
(c) the prosecution shall cease if the circumstances referred to in Article 172 (1) are present;
(d) suspend prosecution where the circumstances referred to in points (a) to (d) of Article 173 (1) are present;
(e) return the case to the prosecutor if a preparatory procedure was to be carried out;
(f) where preparatory proceedings have been carried out, the case may also be referred back to the Prosecutor for the reasons set out in Paragraph 188 (1) (f).
(2) Pending the decision referred to in paragraph 1, the Prosecutor may lodge a complaint having suspensory effect, if not for the termination of the prosecution.
(3) If a single judge does not make any of the decisions referred to in paragraph 1, he shall deliver an application for punishment to the defendant together with a summons for the main trial.
(4) If, together with the motion for punishment, a person detained pursuant to Paragraph 76 has been surrendered to a single Judge, he shall decide, unless he releases him or her, within 48 hours at the latest.
If, in the main proceedings, the Judge fails to take any of the decisions referred to in Article 314c (1) (a) to (e), he shall rule in the case by judgment. '
32. In Paragraph 316 (1), the words "Supreme Court 'are replaced by the words" Supreme Court of the Czechoslovak Socialist Republic' and in paragraph 2, the words "Supreme Court 'are replaced by the words" Supreme Court of the Czechoslovak Socialist Republic'. Paragraph 3 shall be deleted.
33. In Section 317, the words "Supreme Court 'are replaced by the words" Supreme Court of the Czechoslovak Socialist Republic'.
34. The following Section 350a is inserted after Section 350:
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Regulation Information
| Citation | Act No. 149 / 1969 Coll., amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code) |
|---|---|
| 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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