Full text of Act No. 19 / 1970 Coll.
Law on the organisation of courts and the election of judges
Valid
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6 - zrušen
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA DRUHÁ
§ 14 - zrušen
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20 - zrušen
§ 21
§ 21a
§ 21b
§ 21c
§ 21d
§ 21e
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 25
§ 26
§ 27
§ 27a
§ 28
§ 29
§ 30 - zrušen
§ 31
§ 32 - zrušen
§ 33
§ 34
HLAVA TŘETÍ
§ 35
§ 36
§ 37
§ 38 - zrušen
HLAVA ČTVRTÁ
Oddíl první
§ 39
§ 40
§ 41
§ 42
Oddíl druhý
§ 43
§ 44
§ 44a
§ 45 až § 48 označení oddílu třetího a čtvrtého - zrušeny
HLAVA PÁTÁ
§ 49
§ 50 - zrušen
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 56a
§ 57
§ 58
§ 59 až § 61 - zrušeny
§ 62
§ 62a
§ 62b
§ 62c
§ 62d
§ 63
§ 64
§ 65
§ 66
HLAVA ŠESTÁ
§ 67 až § 69 - zrušeny
§ 70
§ 71
§ 72
§ 72a
§ 73
§ 74
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19
_
Announces
the full text of the Act of 26 February 1964 No 36 Coll., on the organisation of courts and the election of judges, as follows from the amendments and additions made by the Law of 27 February 1968 No 29 Coll., by the Law of 20 December 1968 No 175 Coll. and by the Law of 17 December 1969 No 156 Coll.
THE LAW
on the organisation of courts and the election of judges
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
CONSTITUTION OF THE COURT AND THE MAIN PRINCIPLES OF THEIR ORGANISATION AND ACTIVITIES
System of courts
(1) The courts of the Czechoslovak Socialist Republic, the Czech Socialist Republic and the Slovak Socialist Republic are conducted by elected and independent courts.
The courts of the Czechoslovak Socialist Republic are: Supreme Court of the Czechoslovak Socialist Republic, Senior Military Courts and Military Circuit Courts; at the time of the state's armed emergency, higher court-martial and lower court-martial.
The courts of the Republics are: Supreme Court of the Czech Socialist Republic, Supreme Court of the Slovak Socialist Republic, Regional Courts and District Courts.
(2) In the territory of the capital city of Prague, the jurisdiction of the Regional Court shall be exercised by the Municipal Court; the jurisdiction of the district courts shall be exercised by the district courts.
(3) In the territory of the capital of Slovakia Bratislava, the district court shall exercise its jurisdiction.
(4) In the territory of Brno, the jurisdiction of the District Court shall be exercised by the Municipal Court.
Tasks of the courts
(1) The courts are called upon to protect:
(a) the socialist state, its social establishment and relations with the world socialist system;
(b) political, personal, family, labour, social, housing, property and other rights and the legally protected interests of citizens;
(c) the rights and the legally protected interests of national, cooperative and other social and economic organisations;
(d) the fighting capacity of the armed forces and armed corps and the discipline and order provided for therein.
(2) With their activities, the courts raise citizens to be committed to their country, to the matter of socialism and communism, to the preservation of laws and other laws, to the protection of socialist property, to respect for labour discipline, to the strict fulfilment of their obligations towards family and minor children, to respect for rights, to the honour and the dignity of their fellow citizens, to the fulfilment of their obligations to defend their country, to the integrity of all obligations towards the state and society, and to the preservation of all rules of socialist coexistence.
(3) In the imposition and execution of penalties, the courts take into account not only the punishment of the perpetrator, but also his improvement and reeducation.
(4) The courts draw the attention of the authorities and organisations to the shortcomings found in their activities. The authorities and organisations shall respond to these warnings and communicate what they have done to address the deficiencies identified.
(1) The courts shall perform their tasks in particular by:
(a) decide on the rights and laws protected by the interests of citizens and socialist organisations;
(b) decide in criminal proceedings on the defendant's guilt and impose statutory penalties or other measures, where appropriate;
(c) in cases provided for by law, examine the legality of decisions of other institutions;
(d) prevent disputes between citizens and socialist organisations and between citizens, as well as the search for antisocial acts.
(2) The courts carry out educational activities among citizens to promote the socialist rule of law and to deepen the socialist legal consciousness of workers.
Basic principles for the organisation and operation of courts
(1) The judiciary is carried out with the broad participation of the working people. In carrying out their tasks, the courts shall work closely with other state bodies, in particular national committees and voluntary social organisations of workers, and shall endeavour to involve the widest classes of citizens in the fight against violations of the socialist rule of law.
(2) National committees and voluntary social organisations of workers may also be involved in strengthening the educational impact of legal proceedings; their status in the proceedings shall be governed by the rules on legal proceedings.
(1) In proceedings before a court, a decision shall be taken by the Chamber or by a single judge. The law lays down which chambers and cases where judges from the people take part in decisions. The law on legal proceedings shall specify the cases in which a single judge shall decide. As a single judge, only an occupational judge can decide.
(2) The professional judges and the judges of the people are equal in their decisions. Only a judge of the profession may be President of the Chamber.
In the performance of their duties, judges are independent and bound only by the law of the socialist state. They are obliged to abide by laws and other laws and to interpret them in accordance with the socialist legal conscience.
(1) All citizens are equal before the law and in court.
(2) Every citizen can act in his mother tongue in court.
(3) Decisions of all courts serving in the Czechoslovak Socialist Republic are valid and enforceable throughout its territory. The courts of the Czech Socialist Republic and the courts of the Slovak Socialist Republic provide mutual legal assistance. This also applies in the mutual relations between the courts of the Republics and the courts of the Czechoslovak Socialist Republic.
(1) Negotiations before all courts are essentially oral and public. The public may be excluded only in cases provided for by law.
(2) Judgments are declared on behalf of the Republic and always publicly.
(1) The courts shall proceed in the proceedings in order to establish the actual situation of the case and shall base their decisions on it.
(2) When discussing antisocial acts, the courts may impose only the penalties (measures) provided for by the law and the acts referred to in the law.
The defendant shall be granted the right of defence, including the right to elect an attorney.
Participation of lawyers in legal proceedings
In defending citizens and providing other legal assistance to citizens and socialist organisations, lawyers work.
The prosecutor shall participate in court proceedings under the provisions on legal proceedings and supervise the consistent implementation and maintenance of laws and regulations.
ORGANISATION AND ACTIVITIES OF THE COURT
District courts
(1) The District Court shall consist of the President of the Court and, where appropriate, his deputy (s), other professional Judges and judges of the people.
(2) The District Court shall act in chambers or by a single judge. A single judge can only be a professional judge.
(3) The Chambers of the District Court consist of a professional judge and two judges from the people.
County courts rule as first-degree courts.
(1) President of the District Court:
(a) may preside over any Chamber;
(b) monitor the decision-making of all chambers and self-judges;
(c) dealing with complaints from workers.
(2) The President of the District Court shall exercise the administration of the District Court, in particular to ensure its proper functioning in the light of the cadre, organisational, economic and financial aspects, and to ensure the political and professional education of judges and other staff of the District Court.
(3) The President of the District Court shall be represented in his absence by the Deputy President of the District Court; If the President of the District Court does not have a deputy, another professional judge shall be appointed by the President of the Court.
Regional courts
(1) The Regional Court consists of the President of the Court, his Deputy Deputy Director (s), other professional Judges and judges of the people.
(2) The Regional Court shall decide in the Chambers.
(3) Chambers of the Regional Court consist of:
(a) two professional judges and three people judges, if they act as first instance courts in criminal matters;
(b) of the professional judge and of the two judges of the people, if they act as courts of the first instance in other matters;
(c) three professional Judges in other cases.
(1) The Regional Courts see to the decisions of all judges and of the state notaries in their constituency, in particular by deciding as second-degree courts in cases in which the district courts or state notaries at first instance have decided.
(2) Other cases of decision-making by regional courts are governed by the law on court proceedings.
(1) President of the Regional Court:
(a) may preside over any Chamber;
(b) monitor the decisions of all chambers of the Regional Court and the District Courts in the district of the Regional Court;
(c) dealing with complaints from workers.
(2) The President of the Regional Court shall exercise the administration of the Regional Court, in particular to ensure its proper functioning in the light of the cadre, organisational, economic and financial aspects, shall provide for the political and professional training of judges and other officials of the Regional Court and shall direct and control the administration of the District Courts.
(3) The President of the Regional Court shall be represented in his absence by the Deputy President of the Regional Court.
Supreme Courts of the Republics
(1) The Supreme Court of the Republic shall be composed of the President of the Court, its Vice-Presidents and other professional Judges.
(2) The Supreme Court of the Republic shall act in chambers.
(3) The Chambers of the Supreme Court of the Republic consist of three professional Judges.
The Supreme Court of the Republic is the Supreme Court of the Republic. It shall supervise the decision-making of all courts in particular by:
(a) decide on appeals against first-degree decisions of the regional courts;
(b) decide on complaints for infringements of the law in cases covered by the law on legal proceedings;
(c) decide in other cases designated by the law on legal proceedings.
(1) Judgments in the profession of the Supreme Court of the Republic shall constitute criminal and civil colleges according to their activity. The President of the College shall be Vice-Presidents of the Supreme Court.
(2) The Presidents of the College shall organise and manage the activities of the College and shall monitor the decisions of the Chambers in the College. In particular, they manage their division activities, propose to the College the generalisation of the knowledge of the decisions of the courts, draw their attention to the shortcomings in decision making, propose opinions on the correct interpretation of laws and other legislation and report to the full Court on the activities of the colleges.
(1) The seat of the Supreme Court of the Republic consists of the President of the Supreme Court, his Vice-Presidents and other professional Judges. A decision may be taken validly in the presence of at least two-thirds of all judges of the highest court.
(2) In particular, the Board of Supreme Court of the Republic
(a) The Rules of Procedure of the Supreme Court of the Republic of
(b) to discuss and approve reports by the Presidents of the College of the Supreme Court of the Republic on the activities of those colleges and to deliver opinions on serious legal matters at issue between the College;
(c) discuss reports on the effectiveness of laws and other generally binding legislation and, on their basis, encourage new legislation;
(d) discuss and approve reports on the state of socialist legality for the National Council.
(3) Meetings of the Supreme Court of the Republic shall not be public. The Prosecutor General of the Republic concerned and the Minister of Justice of the Republic concerned may attend the plenary session; other state bodies and social organisations and with the advisory vote of the President of the Regional Courts may be invited to the plenary session.
(1) President of the Supreme Court of the Republic:
(a) may preside over any Chamber;
(b) monitor the decisions of the chambers of the Supreme Court of the Republic and of all the regional and regional courts and may initiate decisions or opinions to ensure a uniform interpretation of the laws;
(c) dealing with complaints from workers;
(d) convene, chair and determine the agenda of the Supreme Court;
(e) perform the administration of the Supreme Court, in particular to ensure its proper functioning in the light of the cadre, organisational, economic and financial aspects, and to ensure the political and professional education of judges and other staff of the Supreme Court.
(2) The Deputy President of the Supreme Court of the Republic shall represent the President of the Supreme Court of the Republic in the manner laid down in the Rules of Procedure of the Supreme Court of the Republic.
Military courts
Military courts shall rule on all criminal matters of members of the armed forces and armed corps, prisoners of war and other persons on whom the law so provides.
(1) The Military Circuit Court shall consist of a Chief or, where appropriate, a Deputy Chief, other professional Judges and judges of the people.
(2) The Military Circuit Court shall act in chambers or by a single judge. A single judge can only be a professional judge.
(3) Chambers of the Military District Court consist of a professional judge and two judges from the people.
(4) Military District Courts act as first-instance courts.
(1) Chief of Military Circuit Court:
(a) may preside over any Chamber;
(b) monitor the decision-making of all chambers and self-judges;
(c) dealing with complaints from workers.
(2) The Chief of the Military District Court is responsible for the administration of the Military District Court, in particular ensuring its proper functioning in the light of the cadre, organisational, economic and financial aspects, and ensuring the political and professional training of judges and other officers of the Military District Court, and carrying out other duties arising from his military service.
(1) The higher court-martial shall consist of a chief, a representative (s) of the chief, other professional judges and judges of the people.
(2) The higher court-martial shall act in chambers.
(3) Chambers of the Supreme Military Court consist of:
(a) two professional judges and three people judges, if they act as first instance courts in criminal matters;
(b) three professional Judges in other cases.
(4) The higher military courts see to the decision-making of all courts in their constituency, in particular by deciding as second-degree courts in cases in which, at first instance, military circumferential courts have decided.
(5) Other cases of decision-making by higher military courts are governed by the law on court proceedings.
(1) Chief of the Supreme Military Court:
(a) may preside over any Chamber;
(b) monitor the decision-making of all Chambers of the Supreme Military Court and Military District Courts in the District of the Supreme Military Court;
(c) dealing with complaints from workers.
(2) The Chief of the Supreme Military Court is responsible for the administration of the Supreme Military Court, in particular ensuring its conduct in the light of the cadre, organisational, economic and financial aspects, ensuring the political and professional training of judges and other staff of the Supreme Military Court, governing and controlling the administration of military district courts and carrying out other duties arising from his military service.
Supreme Court of the Czechoslovak Socialist Republic
The Supreme Court of the Czechoslovak Socialist Republic consists of the President of the Court, Vice-President of the Court, Vice-Presidents of the Court and other professional judges.
(1) The Supreme Court of the Czechoslovak Socialist Republic shall decide in the Chambers.
(2) The Chambers of the Supreme Court of the Czechoslovak Socialist Republic consist of:
(a) of the President and of the four professional judges, if they decide on a complaint for infringement, lodged against decisions of the highest courts of the Republics or military chambers of the Supreme Court of the Czechoslovak Socialist Republic, or if they take opinions to ensure a uniform interpretation of the law; in this case, care must be taken to ensure that members of the Senate are citizens of both Republics,
(b) of the President and of the two professional Judges, if they act in other cases.
(3) In cases falling within the exclusive jurisdiction of military courts under § 22, the Chamber shall be composed of military judges of the Supreme Court of the Czechoslovak Socialist Republic; in cases affecting general and military courts, the Rules of Procedure of the Supreme Court of the Czechoslovak Socialist Republic shall be adopted by the Joint Chambers, composed of the Judges of the Criminal and Military College.
(1) The Supreme Court of the Czechoslovak Socialist Republic monitors the decisions of the Supreme Courts of the Republics and military courts. It oversees the legality of all courts' decisions and ensures its consistency by:
(a) decide on appeals against decisions of senior military courts;
(b) decide on complaints for infringement of the law against decisions of the Supreme Courts of the Republics and all military courts, and on decisions of the Military Chambers of the Supreme Court of the Czechoslovak Socialist Republic, where that court has ruled on appeals; when deciding on complaints concerning infringement of the law against decisions of the Military Chambers of the Supreme Court of the Czechoslovak Socialist Republic, judges who have decided on the appeal are excluded,
(c) deliver opinions to ensure uniform interpretation of the law;
(d) examine the legality of the final decisions imposing the death penalty.
(2) The Supreme Court of the Czechoslovak Socialist Republic
(a) decide on the recognition of the decision of the foreign courts in the territory of the Czechoslovak Socialist Republic;
(b) disputes concerning local jurisdiction between courts or state notaries of the Czech Socialist Republic and the Slovak Socialist Republic;
(c) decide to designate a local competent court or public notaries, unless it is possible to establish whether the local competent court or public notaries are in the territory of one or the other Republic;
(d) decide on the commandment of the case to the court or the state notaries of the other Republic, if the law on judicial proceedings so permits;
(e) decide on conflicts of jurisdiction between military and other courts;
(f) disputes concerning jurisdiction between the courts of one Republic and the national notaries of the other Republic.
(1) If a question requires a unification of interpretation, the President of the Supreme Court of the Czechoslovak Socialist Republic may order the Senate to deliver an opinion [Paragraph 26 (2) (a)].
(2) Before taking a position, the President of the Supreme Court of the Czechoslovak Socialist Republic will request the statement of the Prosecutor General of the Czechoslovak Socialist Republic and the Presidents of the Supreme Courts of the Republics.
(3) The Rules of Procedure of the Supreme Court of the Czechoslovak Socialist Republic will provide for details. The Rules of Procedure also provide for the procedure for the Supreme Court of the Czechoslovak Socialist Republic to take a position on a particular question in order to ensure a uniform interpretation of the law.
(1) Judgments of the Supreme Court of the Czechoslovak Socialist Republic constitute criminal, civil and military colleges according to their activity. The President of the Supreme Court of the Czechoslovak Socialist Republic shall be Vice-Presidents of the College.
(2) The Presidents of the College shall organise and manage the activities of the College and shall monitor the decisions of the Chambers in the College. In particular, they manage their division activities, propose to the College the generalisation of knowledge from the decisions of the courts, draw their attention to the shortcomings in decision making, propose opinions on the correct interpretation of laws and other legislation, and report to the Supreme Court of the Czechoslovak Socialist Republic on the activities of colleges. In addition, the President of the Military College fulfils other obligations arising from his military service and represents the President of the Supreme Court of the Czechoslovak Socialist Republic in military matters.
(1) The Plenum of the Supreme Court of the Czechoslovak Socialist Republic is composed of the President, Vice-President, Deputy Presidents and other members of the College of the Supreme Court of the Czechoslovak Socialist Republic. The President of the Supreme Courts of the Republics may attend the plenary meetings. It is also possible to invite representatives of other state bodies and social organisations to the plenary session.
(2) The Plenum of the Supreme Court of the Czechoslovak Socialist Republic can be quashed in force in the presence of at least two thirds of its members.
(3) Plenum of the Supreme Court of the Czechoslovak Socialist Republic in particular
(a) the Rules of Procedure of the Supreme Court of the Czechoslovak Socialist Republic,
(b) discuss and approve reports by the Presidents of the Supreme Court of the Czechoslovak Socialist Republic on the activities of those colleges and deliver opinions on serious legal issues at issue between the College;
(c) discuss reports on the effectiveness of laws and other generally binding legislation and, on their basis, encourage new legislation;
(d) discuss and approve reports on the state of socialist legality for the Federal Assembly.
(1) The President of the Supreme Court of the Czechoslovak Socialist Republic shall convene and preside over this court. Provides the administration of the Supreme Court of the Czechoslovak Socialist Republic with the exception of its military college, in particular ensuring its proper functioning in the spirit of cadre, organizational, economic and financial and providing political and professional education for judges and other staff of the Supreme Court of the Czechoslovak Socialist Republic.
(2) The Vice-President shall represent the President. The Rules of Procedure shall determine how the Vice-President of the Supreme Court of the Czechoslovak Socialist Republic is involved in the administration.
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6 - zrušen
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA DRUHÁ
§ 14 - zrušen
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20 - zrušen
§ 21
§ 21a
§ 21b
§ 21c
§ 21d
§ 21e
§ 22
§ 23
§ 23a
§ 24
§ 24a
§ 25
§ 26
§ 27
§ 27a
§ 28
§ 29
§ 30 - zrušen
§ 31
§ 32 - zrušen
§ 33
§ 34
HLAVA TŘETÍ
§ 35
§ 36
§ 37
§ 38 - zrušen
HLAVA ČTVRTÁ
Oddíl první
§ 39
§ 40
§ 41
§ 42
Oddíl druhý
§ 43
§ 44
§ 44a
§ 45 až § 48 označení oddílu třetího a čtvrtého - zrušeny
HLAVA PÁTÁ
§ 49
§ 50 - zrušen
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 56a
§ 57
§ 58
§ 59 až § 61 - zrušeny
§ 62
§ 62a
§ 62b
§ 62c
§ 62d
§ 63
§ 64
§ 65
§ 66
HLAVA ŠESTÁ
§ 67 až § 69 - zrušeny
§ 70
§ 71
§ 72
§ 72a
§ 73
§ 74
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Regulation Information
| Citation | Full text of Act No. 19 / 1970 Coll., on the organisation of courts and the election of judges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.03.1970 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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