Act No. 159 / 1989 Coll.
Law amending and supplementing criminal law, criminal law and criminal order
Valid
Effective from 01.02.1990
159
THE LAW
of 13 December 1989
amending and supplementing criminal law, criminal law and criminal order
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 150 / 1969 Coll., on misdeeds, as amended by Act No. 46 / 1973 Coll. and the statutory measure of the Bureau of the Federal Assembly No. 10 / 1989 Coll. is amended as follows:
In Article 6, the words "six months' are replaced by the words" three months', the amount "20 000 CZK 'is replaced by the amount" 5 000 CZK' and the provisions of point (c) are deleted.
Transitional provisions
1. The sentence imposed by law before the law is effective for an act which is neither a criminal offence nor an offence under that law shall not be enforced; the provisions of the Comprehensive Penalty Act shall not be used in such a case. If a total or aggregate sentence has been imposed for such a crime and a colluding other act, the court shall reduce the sentence accordingly. In doing so, it shall take into account the mutual proportion of the gravity of an act which, from the effectiveness of this law, is neither a criminal offence nor an offence or an offence against others.
2. The sentence imposed by the law of the Bureau of the Federal Assembly of the Czechoslovak Socialist Republic No. 10 / 1989 Coll. on the offence of obstructing the exercise of the authority of a public official under § 156a of the Criminal Act will be reduced by the court. In doing so, it shall take into account the relative ratio of the maximum prison sentence before and after the entry into force of this law. According to the same principles, if a cumulative or cumulative penalty has been imposed for this act and the gathering of other acts.
Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended by Acts No. 57 / 1965 Coll., No. 58 / 1969 Coll., No. 149 / 1969 Coll., No. 48 / 1973 Coll., No. 29 / 1978 Coll. and No. 43 / 1980 Coll., is amended as follows:
Section 71, including the title reads:
"Duration of binding
(1) Tackling in the preparatory procedure may always take the necessary time (§ 72). If the link exceeds two months and there is a risk that release may be thwarted or made difficult to achieve the purpose of criminal proceedings, the superior prosecutor may extend that period by a maximum of one month, but not more than one year. Only the Attorney General of the Czechoslovak Socialist Republic can extend the link beyond this deadline for a maximum of one month. In extending the custody, the prosecutor is obliged to take every precaution to expedite criminal proceedings. However, binding in the preparatory procedure may not exceed two years; If there is no indictment within that period, the defendant must be released.
(2) The overall link in criminal proceedings must not exceed the upper limit of the criminal rate laid down for the offence for which he is accused. If the prosecution is not completed within that period, the defendant must be released.
(3) The periods referred to in paragraphs 1 and 2 shall be calculated from the date on which the defendant's personal freedom has been restricted.
(4) Pending the time limits referred to in paragraphs 1 and 2, the period during which the defendant was unable to participate in criminal proceedings shall not be taken into account as a result of deliberately causing harm to his health. The decision shall be taken by the Prosecutor, the President of the Chamber in the proceedings before the court. A complaint against the decision shall be admissible, which shall be decided in the preparatory proceedings by the court of which the prosecutor is active in the proceedings before the court by the superior court.
(5) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the duration of the binding decided pursuant to Article 275 (3) or (287); however, its duration shall be assessed separately and independently of the link in the main proceedings, and may not exceed one year, including an extension. "
This Law shall take effect on 1 February 1990, with the exception of Article I (4), Articles II and III, which shall take effect on the date of its publication.
CHF
whether or not in place of the President of the Republic pursuant to Article 64 of the Constitutional Law on the Czechoslovak Federation
Kukorov v. r.
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Regulation Information
| Citation | Act No. 159 / 1989 Coll., amending and supplementing the Criminal Act, the Law on Laws and the Criminal Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1989 |
|---|---|
| Effective from | 01.02.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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