Act No. 166 / 1946 Coll.
Law amending and supplementing criminal laws
Valid
Effective from 12.08.1946
166.
Law
of 18 July 1946
amending and supplementing the criminal rules.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Code of Criminal Procedure No 119 / 1873 W is amended as follows:
1. the following Article 34 (c) is inserted after Article 34 (b):
The prosecution of a public action may be waived if the defendant is extradited or expelled or is to be repatriated or removed from the territory of the Czechoslovak Republic. "
2. Paragraph 48 of the last paragraph shall read as follows:
"A private party is not entitled to file a public action in the capacity of a prosecutor if the prosecutor has waived prosecution pursuant to § 34 (a) to (34) (c)."
3. the following shall be inserted after Article 363 (a):
If the prosecution of a public action has been dismissed pursuant to the provisions of Paragraph 34 (c) and if the offence has not yet been suspended, criminal proceedings against the defendant may be initiated or continued without the conditions and formality of the recovery, if no extradition or expulsion has been carried out, or if the defendant is brought back to the territory of the Czechoslovak Republic. '
4. The following shall be inserted after Paragraph 397 (a):
(1) The Minister of Justice may order that the execution or further execution of the sentence be waived if the sentenced person is extradited or is ordered to be repatriated or remitted from the territory of the Czechoslovak Republic.
(2) If no extradition or expulsion or deprivation is carried out, or if it is returned to the territory of the Czechoslovak Republic, the sentence shall be enforced. '
5. § 449 last sentence will sound:
"This right is not for a private party if the prosecution has been waived under § 34 (a) to (c). '
The Code of Criminal Procedure of Article XXXIII / 1896 is amended as follows:
1. The following shall be inserted after Paragraph 33 (a):
The prosecution of a public action may be waived if the defendant is extradited or expelled or is to be repatriated or removed from the territory of the Czechoslovak Republic. "
2. The following shall be added to Paragraph 42 as a further paragraph:
"These rights are not for the injured party, if the public prosecutor has waived the prosecution pursuant to § 33 a. '
3. The second provision of the following text is inserted as paragraph 444:
"Paragraph 1 shall apply mutatis mutandis to cases in which prosecution by public action has been waived pursuant to the provisions of Paragraph 33 (a), where no extradition or termination has taken place or where the defendant meets repatriation or remittance or has returned to the territory of the Czechoslovak Republic."
4. The following Section 504 (a) is inserted after Section 504:
(1) The Minister of Justice may order that the execution or further execution of the sentence be waived if the sentenced person is extradited or is ordered to be repatriated or remitted from the territory of the Czechoslovak Republic.
(2) If no extradition or expulsion or deprivation is carried out, or if it is returned to the territory of the Czechoslovak Republic, the sentence shall be enforced. '
This Act shall take effect on the date of its publication and shall be implemented by the Ministers for Justice and Home Affairs.
Dr Beneš v. r.
Dr Zenkl v. r.
Dr Drtina v. r.
Kopecký v. r.
Minister Noska.
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Regulation Information
| Citation | Act No. 166 / 1946 Coll., amending and supplementing the Code of Criminal Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1946 |
|---|---|
| Effective from | 12.08.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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