Decree No. 151 / 1948 Coll.
Decree on the reversion of the Military Criminal Code
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Effective from 12.06.1948
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151.
Decree of the Minister for National Defence
of 10 June 1948
on the reversion of the Military Criminal Code.
I declare in the Annex as provided for in Article 2 (1) (c) of Regulation (EC) No 1235 / 2009. In the Act of 18 December 1947, No 226 Coll., amending, supplementing and harmonising certain provisions of the Military Code, the full uniform text of the Law of 5 July 1912, No 131 of the Military Code, and of the Legal Article XXXIII / 1912 on the Military Code, as resulting from amendments and additions made by later laws, including the Act of 18 December 1947, No 226 Coll. *)
Maj-Gen Svoboda v. r.
Annex to Decree No 151 / 1948 Coll.
Law
of 5 July 1912
on the Code of Criminal Procedure and the Rule of Law XXXIII / 1912, on the Code of Criminal Procedure, as amended by later laws.
General provisions.
(1) Crimes and offences (offences) may be punishable only after prior proceedings under this criminal law, on the basis of a public action and a judgment delivered by the competent court, if no exception is made in paragraphs 2 and 455.
(2) A special law provides for when a court-martial may, without prior proceedings, impose a penalty under a criminal order and to what extent. However, for military offences and offences and offences referred to in the Law of Defense, he may, by means of a penal order, impose penalties on his freedom within six weeks or punishments of cash up to 5,000 KKS *) and for an impenetrable penalty of money, impose a substitute sentence within six weeks.
(1) In the absence of legal proceedings, disciplinary action may be punishable by military offences, if the superior to whom disciplinary authority is due has sufficient disciplinary punishment.
(2) If a criminal offence has been punishingly punishable without the conditions of the preceding paragraph, further judicial proceedings must be introduced, unless the crime has disappeared. If there is a sentence for such an act to be sentenced to a temporary sentence at liberty, a disciplinary sentence shall be counted for the same act.
(3) When disciplinary offences or offences which can be dealt with by disciplinary action are encountered, criminal offences for which disciplinary action is excluded must be brought to criminal proceedings unless they are ordered to be excluded (§ 37).
(1) The action is represented by the military (Chief Military) Prosecutor. In the case of private persons who can be prosecuted only at the request of a person authorised to do so, he needs this request to start criminal proceedings.
(2) The criminal proceedings shall not take place as soon as the President of the Republic has ordered that the proceedings in place should not be introduced or that the proceedings in place should be terminated.
All active headquarters, offices and official authorities in criminal proceedings shall, with equal care, take into account the circumstances of the incriminating and aggravating, as well as those of the incriminating and mitigating, and shall inform the defendant, even where it is not expressly ordered, of his rights and of the use of legal remedies.
(1) Military courts consider private-law questions separately.
(2) In assessing the question of the criminal offence of the defendant, they shall not be bound by the finding issued by a civil judge or other authority for such a preliminary ruling.
(3) Only if the question of the validity of a marriage is a preliminary issue will the court find appropriate grounds for the judgment of the criminal court. If such a finding has not yet been made, but the proceedings have already been established or the criminal court itself has initiated it, since there have been facts which are an obstacle to a marriage to be considered by authority, the decision of the competent court must be waited and, if necessary, urgent to expedite it.
Judgments of military courts are declared on behalf of the Republic (§ 307, No 1).
(1) Military courts shall apply against persons subject to their jurisdiction, even if they do not belong to the union of military criminal law applicable to the military.
(2) If military courts are to apply the criminal provisions contained in civil law or regulations and impose those laws or regulations on the types of criminal offences which do not exist in military law, they shall instead recognise those types of criminal penalties which are most similar to those imposed in civil law.
The provisions of this law apply, even if it is only the military, the military offices or persons for short, as well as the National Security Corps, its authorities and members. However, where different provisions apply to the military and to the National Security Corps, they are specifically mentioned in the law.
(1) Where this law does not make an explicit distinction, military authorities and institutes should also be understood by command.
(2) Local authorities understand this law of the Crew Command and Administration.
(3) Officers shall be understood in this Act as all military persons assigned to a certain class of service and officers who wait.
Scope of military criminal jurisdiction.
The Act of 2 November 1918, No. 9 Coll., amending the Military Criminal Law and Order expired.
Military criminal jurisdiction shall be subject to any criminal offence which is punishable by judicial action, unless otherwise provided by special laws:
1. military persons and members of the National Security Corps in active service;
2. disabled troops or the National Security Corps, residing in a military disability facility;
3. persons who are in provisional or criminal custody because they have been subjected to military criminal proceedings or who are serving a sentence free in a military penal institution;
4. members of the army and the National Security Corps who remain in the presentative number of their bodies serving in the civil penal institution the sentence imposed by the military court;
5. deserters fleeing active duty;
6. persons who belong to the parade of military forces mobilised or residing outside the Czechoslovak Republic;
7th prisoners of war and hostages of war.
(1) Military criminal jurisdiction applies to persons referred to in Paragraph 11 only to offences committed during the time of the relationship which constitutes such criminal jurisdiction.
(2) Consequently, persons committed to an active military or national security service by a legal or voluntary nature shall not be subject to military criminal jurisdiction for an offence committed prior to their entry into that active service.
(3) The same shall apply to all members of the reserve and to any replacement who are called upon to exercise in arms or to exercise in the service, to first military training or to perform other military service or to perform military service without special call in respect of all offences committed prior to their entry into the service (presentation).
Military criminal jurisdiction shall be further subject to:
1. non-serving military persons for the offence of disobeying a calling order or for a more severe offence committed by such non-compliance;
2. officers and rotmasters of the military and the National Security Corps outside the active service for military crimes and crimes committed against military courts, commanders or authorities acting in military criminal cases for their official conduct if they have committed such acts in military uniform or in uniform with the National Security Corps.
Special laws determine the extraordinary power of military courts during war.
(1) Persons to whom, under international law, exterior or personal exemption falls shall be exempt from military criminal jurisdiction.
(2) The right of immunity of members of the legislative bodies remains unaffected by this law.
(1) The termination of the relationship on which the military criminal jurisdiction is based shall cease to be subject to that competence for general offences, unless the headquarters called upon to draw up a criminal notice or a local authority (§ 130 (1) and (2)), the competent public prosecutor or the competent court has, before the termination of that relationship, taken any action to prepare or initiate criminal proceedings.
(2) In the case of military offences, and in the cases referred to in Paragraph 13, No 2, military criminal jurisdiction shall cease, unless such action has been taken no later than one year after the end of the relationship establishing such criminal jurisdiction, and where the offender is bound to the statutory military duty, no later than one year after his withdrawal from that duty.
(3) If military crimes or offences with general crimes or offences (offences) are brought together, military criminal jurisdiction shall remain in force for as long as it is for military offences, unless general crimes or offences (offences) are ruled out (§ 37) and civil criminal jurisdiction is ordered.
(1) If a person has committed several offences subject, on the one hand, to military criminal jurisdiction and, on the other, to civil criminal jurisdiction, each competent court shall act separately.
(2) When measuring the sentence, the court which gives the later judgment shall take into account, mutatis mutandis, the penalty imposed on the guilty party by the earlier finding.
(3) Where a death penalty or life sentence is imposed on one of the collectible offences, proceedings for that offence shall be carried out prior to proceedings for a second offence for which a lighter penalty is imposed.
(4) As a rule, the sentence imposed by a court first took place.
Court organization.
Military criminal jurisdiction shall be exercised by military courts.
Military courts shall be:
1. regional military courts,
2. supreme military courts,
3rd Supreme Military Court.
The regional military courts belong to:
1. conduct proceedings and decide, unless the special laws provide otherwise;
(a) any offence (s) on which, under the law, a maximum of six months of free or rigid prison, with or without rank, or only a cash penalty or a mere loss of rank, is imposed;
(b) any other criminal offence on which, in the law, a sentence is imposed on freedom within five years in itself or in addition to a cash penalty;
2. to act together in search procedures in such criminal cases as are the responsibility of the supreme military courts.
The supreme military courts shall be:
1. conduct proceedings and decide on all offences which are excluded from the jurisdiction of regional military courts (§ 20, No 1);
2. Proceedings and decisions on appeals from judgments of the Regional Military Courts, unless a mistrial has also been lodged against them, and decisions on complaints in cases expressly referred to in this Code of Criminal Procedure.
The Supreme Military Court is to decide, in addition to other matters ordered by this Code of Criminal Procedure, on confusion complaints, on appeals from the judgments of the Supreme Military Courts and on appeals from the judgments of the Regional Military Courts delivered by the Senate (§ 53, paragraph 1, second sentence), if, in addition to the appeals, a mistrial complaint has been lodged against them.
(1) As a rule, the court (prosecutor) in whose district the offence has been committed shall be responsible for criminal proceedings, even if it results in another court.
(2) If the offence has been committed in the districts of several courts or at the borders of two judicial districts, or if it is not certain in which of the several judicial districts the offence has been committed, the court (prosecutor) is responsible for overseeing the others by some measure relating to the criminal prosecution of the offender.
(3) In order to facilitate proceedings or for other serious reasons, the court (prosecutor) of the place of the offence may refer the criminal case to the court (prosecutor) of the place of arrest.
(4) It is for the Court of First Instance (Prosecutor), who first became aware of the offence, to conduct criminal proceedings for as long as it has not been established that the circumstances giving rise to the jurisdiction of another court (Prosecutor) according to the previous provisions.
(5) If the offender is extradited from a foreign state, the place of issue shall be deemed to be the place of capture.
(1) The order of appeal from the Regional Military Courts to the Supreme Military Courts is governed by the organisational division.
(2) All military courts are subject to the Supreme Military Court.
The courts shall exercise official responsibility for their substantive competence (jurisdiction), in particular the limits between criminal jurisdiction and civil jurisdiction.
(1) Officers of the judicial service provisions by military judges shall be independent and bound only by law in the course of judicial investigations and decisions. On the subject of disciplinary and disciplinary action, they shall be subject only to their superior judge and supreme military court.
(2) The following oath shall be carried out at the beginning of the judicial office:
"I swear that I will always obey the Czechoslovak Republic of Faithfulness and its governments as a national citizen, that I will uphold all laws and make decisions impartially and conscientiously according to the laws in force and according to my best conviction, and that I will not be averted from the conscientious performance of the judiciary."
(3) Military judges are appointed permanently and to certain posts; against their will they may be transferred, deposed or retired only in cases of new organisation of the court for a period of time prescribed by law or on the basis of a final disciplinary finding. The time in which court courts are established is equal to a new judicial organisation. Retirement may also be given to military judges on the basis of a final finding when they have reached the age laid down by law. Military judges may be temporarily assigned to another court by their superior judge; without their consent, this may only happen for six months in a calendar year.
(4) The provisions of the preceding paragraph are fully applicable to:
(a) President, Vice-President and Council of the Supreme Military Court;
(b) President and Council of the Supreme Military Courts,
(c) President and Council of Regional Military Courts.
(5) The other military judges assigned to military courts are judges who can only procure judicial search and legal aid. Helpful military judges are not set up in certain places permanently and can be translated against their will.
The prosecution of crimes ordered by the Regional Military Courts is ordered by the military prosecutor.
The prosecution for the crimes to be ruled in the first seat by the Chief Military Courts is ordered by the Attorney General.
The Act of 19 December 1918, No 89 Coll., temporarily amending certain provisions of the Military Criminal Code, expired.
Deleted by the Act of 18 December 1947, No 226 Coll., amending, supplementing and harmonising certain provisions of the Military Code of Criminal Procedure.
(1) Where a person subject to a military criminal jurisdiction has committed several offences or has participated in the same criminal offence, several persons of that criminal jurisdiction submitted as perpetrators, accomplices, participants or helpers, criminal proceedings should, as a general rule, be carried out and terminated simultaneously.
(2) Several of the courts (prosecutors) concerned are responsible for this proceeding.
(3) If continuous criminal matters fall within both the jurisdiction of the Regional Military Court and the jurisdiction of the Supreme Military Court, joint criminal prosecution falls within the jurisdiction of the Supreme Military Prosecutor and thus the joint execution of criminal proceedings by the Supreme Military Court.
(1) Where it is appropriate to prevent delays and difficulties in proceedings or to reduce the detention of an accused person, the applicant may order that one or more related criminal matters be excluded and carried out separately. If, for a criminal offence excluded, which is related to another criminal case, pursuant to Paragraph 36 (3), falls within the jurisdiction of the Supreme Military Court, in itself a competent Regional Military Court, the case falls within the jurisdiction of the Regional Military Court.
(2) A public prosecutor may order the expulsion of offences even if such offences are of no significant importance for the purpose of the trial. The subsequent bringing of an action in this case shall be allowed only one month after the judgment has become final. The provisions of this paragraph shall not apply to offences which are prosecuted only at the request of the creditor.
Repealed by Act No. 89 / 1918 Coll.
(1) The dispute over jurisdiction between military courts (prosecutors) is decided by the Supreme Military Court; If there is a dispute with the general criminal courts, it shall agree with the Supreme Court.
(2) If there is a dispute over jurisdiction between two regional military courts subordinate to the same military court (two military prosecutors in such regional military courts), that court shall decide.
Repealed by Act No. 89 / 1918 Coll.
Pending the decision on jurisdiction, the public applicants and the courts concerned shall take care of what is necessary to investigate the situation of the case and in particular to carry out all such investigative acts where there is a risk of delay.
(1) For reasons of military service, public security or for other important reasons, a criminal case may exceptionally be transferred from the jurisdiction of the local court to another court having the same scope of substantive jurisdiction, at the request of a public prosecutor, a court or accused person or of an official authority. The change of local jurisdiction between two regional military courts subordinate to the same supreme military court shall be decided by that court; in all other cases, the Supreme Military Court.
(2) Only one or several of the collectible offences may be transferred to the jurisdiction of another court which has a substantive responsibility for the criminal matter excluded.
(1) The public prosecutor is obliged to order criminal proceedings if he or she becomes aware of the acts falling within his or her field of competence to be prosecuted by a criminal court and to proceed in the course of proceedings under these criminal rules.
(2) However, the public prosecutor may waive the prosecution of a person who has been declared or is to be extradited or repatriated from the territory of the Czechoslovak Republic.
The Public Prosecutor at the Regional Military Courts is a military prosecutor, a Chief Military Prosecutor at the Supreme Military Courts in the rank of General of the Judicial Service and a General Military Prosecutor at the Supreme Military Court in the rank of Senior General of the Judicial Service.
(1) Military and senior military prosecutors shall be established from the status group of officers of the judicial service.
(2) If necessary, one or more Vice-Presidents may be appointed from the same status group for the military prosecutor and the Chief Military Prosecutor.
(3) The military and military prosecutors as well as their deputies are independent of the court.
Military prosecutors and senior military prosecutors, as well as their deputies, if they are senior officers of the judicial service, are appointed by the President of the Republic, the other deputies are appointed by the Minister of National Defence.
(1) The President of the Republic of the State-owned group of officers of the judicial service is hereby appointed by the General Military Prosecutor and his Permanent Deputy.
(2) The Attorney General and his Deputy Prosecutor are independent of the Supreme Military Court and are subject only to the Minister of National Defence.
The officers of the judicial service who are called upon to serve as prosecutors may not, for the duration of their duties, be active either as investigating judges or members of a court-finding court or as lawyers.
(1) The military and military prosecutor shall be called upon, outside the representation of the action, to conduct a search procedure, unless it is entrusted to the court by virtue of Paragraph 143 to take part in a judicial search procedure, to bring a written action (criminal application) and to report and to make appeals.
(2) They shall take account of the appropriate use of all the means suitable for establishing the truth.
The composition of the courts. Procedure.
A. Regional military courts.
The Regional Military Courts shall establish and abolish the President of the Republic as Head of Defence with his order. They're named after their place of residence.
(1) As his president, he is headed by a military judge appointed by the President of the Republic. The President of the Republic shall also appoint the Councils of the Regional Military Court, from senior officers of the judicial service. The Minister of National Defence shall establish the necessary number of auxiliary military judges at the Regional Military Court.
(2) Decisions and measures which do not belong to the assembled court shall be taken by the President of the Court and shall be signed by the President of the Court. Where necessary, and on business trips, such acts may also be procured by the investigating judge when they relate to the search procedure.
The investigating judge shall establish from the case to the President of the Court of Military Judges (including the Assistant Military Judges) which are appointed or assigned to the Court.
(1) In the cases referred to in § 20, § 1, point (a), a military judge shall rule as a single judge in the regional courts. In the cases referred to in § 20, § 1, point (b), the three-member Chamber, composed of one military judge as chairman and two alternates, shall decide; one associate is an officer of arms over 28 years of age, the other is a member of the state group and the defendant's rank group. The construction groups are defined by the regulations of the service, the ranking groups are officers, Rotmasters and men of the team. If the defendants belong to various state groups, the second associate from the state arms group shall be chosen. The two alternates must be higher in rank than the defendant.
(2) Where he is a defendant or a co-defendant of the National Security Corps, the second associate shall be designated in accordance with the same principles from members of the National Security Corps.
B. High Military Courts.
The Supreme Military Courts shall establish and abolish the President of the Republic as Chief Chief of Defence by his order. They're named after their place of residence.
As his President, the General of the Judicial Service, appointed by the President of the Republic, is the head of the Supreme Military Court. The President of the Republic shall also appoint the Advice of the Supreme Military Court, from senior officers of the judicial service. The Minister of National Defence shall establish the necessary number of assisting military judges at the Supreme Military Court. The Ministry of National Defence shall assign to the Supreme Military Court the necessary number of office staff for the Supreme Military Court and the Regional Military Courts subordinate to it.
The Board of Appeal of the Supreme Military Courts shall consist of the President and the three alternates. The President and one associate are military judges, the second associate - unless otherwise provided for by a special law - is an officer of arms over 28 years of age, who must be a rank higher (seniority) than the defendant, the third associate is a member of the state group and the class of the defendant; If the defendant is not in charge of the state group of arms, this associate shall be chosen from the same or at least related state group as the defendant.
Repealed by Act No. 89 / 1918 Coll.
Repealed by Act No. 226 / 1947 Coll.
The Board of Appeal at the Supreme Military Court consists of three military judges, the highest (senior) chairmen.
The provisions of Sections 51 and 52 apply to staff and to the procedure for hearing the Supreme Military Courts.
C. Supreme Military Court.
The President of the Republic shall establish the seat of the Supreme Military Court.
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Regulation Information
| Citation | Decree No. 151 / 1948 Coll., on the reversion of the Military Criminal Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1948 |
|---|---|
| Effective from | 12.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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