Constitutional Law No. 155 / 1969 Coll.
Constitutional law amending and supplementing Title 8 of the Constitution
Valid
Effective from 01.01.1970
155
CONSTRUCTION LAW
of 17 December 1969
amending and supplementing the title of the eighth Constitution
The Federal Assembly of the Czechoslovak Socialist Republic decided on this constitutional law:
The title of the eighth Constitution (Constitutional Act No. 100 / 1960 Coll.) is amended as follows:
Article 98 shall read as follows:
"(1) Courts in the Czechoslovak Socialist Republic are conducted by elected and independent courts.
(2) The courts are: Supreme Court of the Czechoslovak Socialist Republic, Supreme Court of the Czech Socialist Republic, Supreme Court of the Slovak Socialist Republic, Regional and District Courts and Military Courts.
(3) The provisions concerning regional and regional courts shall also apply to courts having the same jurisdiction but otherwise designated.
(4) The jurisdiction of the courts when examining the legality of administrative decisions is laid down in the Federal Assembly Act. "
Article 99 shall read as follows:
"(1) The highest judicial authority in the Czechoslovak Socialist Republic is the Supreme Court of the Czechoslovak Socialist Republic, which follows the decisions of the Supreme Courts of the Republics, oversees the legality of the decisions of all courts and ensures its unity by ensuring that:
(a) decide on proper appeals against decisions of military courts in cases provided for by law;
(b) decide on complaints for infringement of the law against decisions of the Supreme Courts of the Republics and all military courts;
(c) deliver opinions on ensuring uniform interpretation of laws.
(2) Furthermore, the Supreme Court of the Czechoslovak Socialist Republic decides on the recognition of the ruling of the foreign courts in the territory of the Czechoslovak Socialist Republic, in cases provided for by the laws on the proceedings before the courts and before the state notaries determines the jurisdiction of the courts and the jurisdiction of the state notaries, and in cases designated by law, it reviews the legality of decisions of federal authorities. The Supreme Court of the Czechoslovak Socialist Republic examines the legality of the final decisions imposing the death penalty; an exemption may be provided for by the Federal Assembly law only in a court martial procedure or in a court of law in a court of defence of the State.
(3) In the Czech Socialist Republic, the Supreme Court of the Czech Socialist Republic is the Supreme Court of the Slovak Socialist Republic, the Supreme Court of the Slovak Socialist Republic is the Supreme Court of the Slovak Socialist Republic. The Supreme Court of the Republic shall see to the legality of the decisions of all other courts of the Republic. '
Article 100 shall read as follows:
"(1) The Board or a single Judge shall act in proceedings before the courts. The laws governing the proceedings before the courts shall determine in which chambers and in which cases the judges of the people take part and in which cases a single judge shall act; As the only judge, only a professional judge can decide.
(2) The professional judges and the judges of the people are equal in their decisions.
(3) The Court of First Instance is normally the district court. "
Article 101 shall read as follows:
"(1) Judge at the Supreme Court of the Czechoslovak Socialist Republic and judge at the occupation of military courts shall be elected by the Federal Assembly; Judge of the Supreme Court of the Czechoslovak Socialist Republic will generally elect from the same number of citizens of the Czech Socialist Republic and the Slovak Socialist Republic. The national council of the Republic concerned shall elect judges of the Supreme Courts of the Republics and judges of the occupation of Regional and District Courts.
(2) The President and Vice-President of the Supreme Court of the Czechoslovak Socialist Republic are elected by the Federal Assembly from among the judges of that court. If the President of the Supreme Court of the Czechoslovak Socialist Republic has elected a citizen of the Czech Socialist Republic, he will elect a Vice-President of the Slovak Socialist Republic or vice-president of the Slovak Socialist Republic.
(3) Judges from the people of the county and county courts are elected by the national committees; the election of judges from the people of military courts shall be governed by the law.
(4) Professional Judges are elected for a period of 10 years; People's judges are elected for four years.
(5) Judges may be dismissed by the body which elected them. The terms of the appeal and the conditions of any other termination of the office of Judge before the end of the term of office shall be laid down in the laws governing the election of Judges. ';
5. Article 102 (2) shall be deleted.
6. The text of Article 104 shall be supplemented at the end by the words "Czechoslovak Socialist Republic 'and shall be referred to as paragraph 1.
The following paragraph 2 is added:
"(2) The prosecution is divided into the General Prosecutor of the Czechoslovak Socialist Republic, the General Prosecutor of the Czech Socialist Republic, the General Prosecutor of the Slovak Socialist Republic and the lower articles provided for by the Federal Assembly Act. The Prosecutor General of the Republic is the head of the Prosecutor General of the Republic. '
Article 105 shall read as follows:
"(1) The Attorney General of the Czechoslovak Socialist Republic is appointed and dismissed by the President of the Czechoslovak Socialist Republic. 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.
(2) The General Prosecutor of the Republic is hereby appointed and removed by the Bureau of the National Council of the Republic concerned. The application for appointment of the Prosecutor General of the Republic of Czechoslovakia shall be made by the Prosecutor General of the Czechoslovak Socialist Republic, who may also propose to the Bureau of the National Council of the Republic concerned to dismiss the Prosecutor General of the Republic.
(3) The Prosecutor General of the Czechoslovak Socialist Republic is responsible to the Federal Assembly, which may propose to the President of the Czechoslovak Socialist Republic that he withdraw from office.
(4) The Prosecutor General of the Republic is responsible to the National Council of the Republic concerned in its entirety. "
8.
"(1) The prosecutors shall perform their functions independently of the local authorities. In all their activities, they rely on the initiative of the working people and their organisations.
(2) The institutions 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 Prosecutor General of the Republics is subordinate to him in the exercise of supervision over the consistent implementation and maintenance of laws and other laws issued by the authorities of the Czechoslovak Socialist Republic.
(3) The authorities of the prosecution in the Czech Socialist Republic and the Slovak Socialist Republic are subordinate to the Prosecutor General of the Republic concerned. The Prosecutor General of the Czechoslovak Socialist Republic shall be subordinate to the law in exceptional cases. '
9. The following Article 106a is inserted after Article 106:
Reports on the state of socialist legality
(1) The Federal Assembly is discussing reports by the Supreme Court of the Czechoslovak Socialist Republic and the Prosecutor General of the Czechoslovak Socialist Republic on the state of socialist legality.
(2) The National Council of the Republic concerned is discussing reports by the Supreme Court of the Republic and the Prosecutor General of the Republic on the state of socialist legality. "
The judgments of the courts are valid and enforceable throughout the Czechoslovak Socialist Republic.
The Federal Assembly regulates the organisation and operation of courts and the legal status of judges and judicial candidates.
(1) The term of election of the Supreme Court, Regional and District Courts and Military Courts shall expire on 30 June 1970 at the latest.
(2) The provisions of the previous paragraph also apply to judges elected pursuant to Constitutional Act No. 81 / 1968 Coll., which temporarily regulates certain questions of the election of judges, as amended by Constitutional Act No. 57 / 1969 Coll.
(3) Until the Supreme Court of the Czechoslovak Socialist Republic, the Supreme Court of the Czech Socialist Republic and the Supreme Court of the Slovak Socialist Republic are established, the former Supreme Court shall exercise their jurisdiction.
Constitutional Act No. 81 / 1968 Coll. as amended by Constitutional Act No. 57 / 1969 Coll.
This constitutional law 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 | Constitutional Act No. 155 / 1969 Coll., amending and supplementing the title of the eighth Constitution |
|---|---|
| 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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