Act No. 226 / 1947 Coll.
Law amending, supplementing and harmonising certain provisions of the Code of Military Criminal Procedure
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Effective from 01.01.1948
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226.
Law
of 18 December 1947
amending, supplementing and harmonising certain provisions of the military Code of Criminal Procedure.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Law of 5 July 1912, No 131 of 5 July 1912 on the Code of Criminal Procedure and Article XXXIII / 1912 of the Code of Criminal Procedure shall be amended, supplemented and unified as follows:
1. In Article 1, the following paragraph (2) is added:
"A special law shall specify when a court-martial may, without prior proceedings, impose a penalty and to what extent. However, for military offences and offences and offences referred to in the Law of Defense, he may, by a penal order, impose penalties on his freedom within six weeks, or punishments of cash up to 5,000 CZK, and for an impenetrable penalty of money, impose a replacement sentence within six weeks. '
2. Paragraph 2 is replaced by the following:
"Without legal proceedings, disciplinary action may be punishable by military misconduct, if the head of the court, to whom disciplinary authority is due, is punishable by disciplinary action."
3.
"They shall apply military courts against persons under their jurisdiction, even if they do not belong to the union of military, criminal law applicable to the military.
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. ';
Article 4 (11) reads:
"Military criminal jurisdiction shall be subject to any criminal offence which is punishable by judicial action, unless otherwise provided in specific 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. "
5.
"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, headquarters 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. ';
6.
"The extraordinary jurisdiction of military courts during war is determined by special laws."
7.
"Military courts are:
1. regional military courts,
2. supreme military courts,
3rd Supreme Military Court. "
8.
"The regional court of war shall:
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. "
9.
"The supreme military courts belong to:
1. conduct proceedings and decide on all offences which are excluded from the jurisdiction of regional military courts (§ 20, No 1);
2. conduct proceedings and decide on appeals from judgments of regional military courts, unless a mistrial has also been lodged against them, and decide on complaints in cases expressly referred to in this Code of Criminal Procedure. ';
10.
"The Supreme Military Court shall, in addition to the other matters ordered by this Code of Criminal Procedure, decide 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."
11.
"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.
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.
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.
It is for the Court (prosecutor), who first learned of the offence, to conduct criminal proceedings for as long as the circumstances which, according to the previous provisions, arise from the jurisdiction of another court (prosecutor) are not established.
Where an offender is extradited from a foreign state, the place of issue shall be deemed to be the place of capture. ';
12.
"Officers of the judicial service provisions by military judges shall be independent and bound only by law in 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.
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."
Military judges shall be appointed on a permanent basis and for 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.
The provisions of the preceding paragraph shall apply in full 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.
The other military judges assigned to military courts are judges who can only procure judicial search and legal aid. Helpful military judges are not appointed to certain places permanently and can be translated against their will. "
13. Paragraph 35 is deleted.
14.
"For reasons of military service, public security or other important reasons, a criminal case may exceptionally be transferred from the jurisdiction of the local court to another court with the same scope of substantive jurisdiction, at the request of a public prosecutor, a court or accused person or by 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.
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. '
15. In Paragraph 43, the following paragraph (second) is inserted after the single paragraph:
"The public prosecutor may, however, waive the prosecution of a person who has been denounced or is to be extradited or repatriated from the territory of the Czechoslovak Republic. '
16.
"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."
17.
"Military prosecutors and senior military prosecutors, as well as their deputies, if they are senior officers of the judicial service, shall be appointed by the President of the Republic, the other deputies shall be appointed by the Minister of National Defence. '
18.
"The Regional Military Courts shall establish and abolish, by its order, the President of the Republic as Head of Defence. They are named after the location of their residence."
19.
"Head of the Regional Military Court as its President is 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. '
20.
"The investigating judge shall determine from the case to the President of the Court from the military judges (including the auxiliary military judges) appointed or assigned to the court. '
21.
"In cases referred to in § 20, § 1, point (a), a military judge shall rule as a single judge in the case of regional military 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.
If 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. ';
22.
"The High Military Courts shall establish and abolish, by its order, the President of the Republic as Head of Defence. They are named after the location of their residence."
23.
"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 a necessary number of office staff to the Supreme Military Court and to the Regional Military Courts subordinate to it. '
24.
"The Board of Appeal of the Supreme Military Courts shall consist of the President and the three attached. 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. '
25. Paragraph 58 is deleted.
26.
"The Board of Appeal at the Supreme Military Court shall consist of three military judges, the highest (senior) chairmen. '
Article 27 (62) (4) reads:
"The President, Vice-President and Council of the Supreme Military Court are appointed by the President of the Republic."
28. Paragraphs 63 and 66 shall be deleted.
29.
"If military courts in chambers decide, a meeting shall take place before the vote. If the rapporteur is appointed by law, he shall vote first, the President shall vote last. The associate votes by age, younger in front of the elders."
30.
"The interpreter must be added to the negotiations with persons who are not familiar with the service language. It may be waived if all the parties are aware of the language of the person to be heard. This is noted in the minutes of the hearing.
In important cases, the minutes of the hearing must be drawn up in the language of the person questioned and attached to the minutes of the hearing as an annex.
The documents which are not written in the language of the servants, but which are serious in the matter of punishment, must be translated by a sworn interpreter. "
31. in Paragraph 84, paragraph 4 is deleted;
Article 32 (88) (3) reads as follows:
"In all other cases, the defendant shall be designated for the main trial and for the oral appeal in the second chair of the lawyer by authority only at his express request if he proves that, according to his property conditions, he is not in a position to pay for the expenses of the lawyer's recruitment from his own resources. If the offence in the first chair is to be decided by a single judge (§ 20, No 1, point (a)), the defendant shall not have the right to an official lawyer. '
33. § 143, first sentence is:
"Unless special laws provide otherwise, a public prosecutor may only ask a court to carry out a search procedure if there is a suspicion of a criminal offence for which a more severe penalty is imposed in the law than a punishment on his own within five years, or in conjunction with a cash penalty, or if it would be necessary to refer more frequently to a court pursuant to Paragraph 142 (1) when establishing the facts. '
34. In Paragraph 171, the following paragraph (2) is inserted after paragraph 1:
"If there is a crime on which the death penalty or sentence has been imposed in the law for at least ten years, provisional custody of the suspect must be imposed."
35. In Paragraph 176, the following paragraph (second) is inserted after the single paragraph:
"The custody of an investigation must be imposed if it is a crime on which the death penalty or sentence has been imposed in the law for at least ten years."
Paragraph 36 (177) (2) reads as follows:
"The decision imposing a charge of inquiry on the grounds of § 171, § 2 to 4, or the decision by which the defendant leaves the defendant in breach of § 182 in that capacity shall be the subject of a complaint by the President of the Regional Military Court and the Chief Military Court of the Council Chamber in private session. The Council Chamber shall consist of three military judges, the highest (senior) chairmen. Before deciding on a complaint, the defendant, his lawyer and the public prosecutor must be heard. If the defendant does not have an attorney, an attorney shall be established by authority."
37. the following three paragraphs (fourth to sixth) are inserted after Paragraph 177 (3):
"If the court conforms to a complaint against a decision imposing or continuing an investigation, it may order the defendant not to stay without an order for service or permission from his place of residence until the final end of the criminal proceedings. If the defendant is acting against this order, he may be reunited with an investigation. The court may also order the defendant, who has been released from custody, to notify the court immediately of any release from active service of military and new residence.
The order withdrawing the investigation shall be for the public prosecutor to complain to the superior military court, which shall decide definitively. This complaint has suspensory effect only if it has been announced immediately at the time of the resolution and implemented within three days.
The decision rejecting the application for the removal of custody shall likewise lie with the defendant (lawyer) within three days of the publication of the resolution. '
38. Paragraph 193 (4) reads as follows:
"Persons other than those referred to in paragraph 1 shall be notified to the District Court of their place of residence or residence for such reluctance before the military court, who shall act against them as if the testimony or oath were denied to the civil court of the criminal court. '
39. in Paragraph 205 (2), the words "to the brigands" shall be replaced by the words "to the court-martials of the regional court (§ 53 (1), first sentence)."
40. Paragraph 214 (2) reads as follows:
"If experts are doctors or chemists, an assessment from the Military Medical Advisory Board may be requested in such cases. '
Article 41 (243) (2) reads as follows:
"In criminal proceedings ordered by regional military courts pursuant to § 20, § 1, point (a), the military prosecutor shall, instead of a formal written action, submit only a written criminal application containing the legal identification of the offence. '
42. Paragraph 263 (3) reads as follows:
"Persons subject to civil criminal jurisdiction who commit this offence shall be punished by the competent civil criminal court for the offence by imprisonment from one week to three months, with which the penalty may be linked to cash up to 5 000 Kcs. '
43. In the second to last sentence, the words "and if his position is not immediately to be implemented" shall be replaced by "and if he is not to be executed in his absence (§ 278)."
44. Paragraph 278 (2) is replaced by the following paragraphs (second to eighth):
"The main trial to which the defendant did not appear may be conducted in his absence and may be delivered in judgment, but under the consequences of confusion only if the offence to which the criminal offence is imposed in the law is punishable by a cash penalty or a sentence of no more than five years, either in itself or in addition to the money penalty, and if the defendant before that has been heard of the full content of the indictment by the judge or prosecutor and the provision of the main trial is timely.
If the main trial is held in the absence of the defendant and if he is not represented by a lawyer, the court must establish a lawyer by its own authority, if a penalty of more than six months is imposed on the offence at the criminal rates to be used.
The defendant may object to the judgment delivered in his absence within three days of service in the court which delivered the judgment. Resistance is decided by a superior court, interrogated by a public prosecutor. If the defendant, who has resisted in time, proves that he has been prevented by military service or an inevitable obstacle to attend the main trial, a new main trial shall be ordered. If the defendant does not appear to the new main trial, the judgment challenged will become final. If the opposition has been rejected, the defendant has no appeal against the judgment.
Where the defendant submits, at the same time as the appeal or the misconduct complaint, or where the appeal or omission complaint is lodged by a public prosecutor, the court to which it is submitted pursuant to § 339 or § 355 of the file shall decide on the appeal decision, first on the opposition, and only if the opposition is rejected, shall decide on the appeal or omission complaint.
If the main trial cannot be held in the absence of the defendant or if it cannot be continued, because the conditions laid down in paragraph 2 are not fulfilled, or because the court seised considers that a satisfactory clarification of the facts cannot be expected in the absence of the defendant, a new main trial should be established.
If the defendant escapes during the main trial, the main trial shall end and the proceedings under Title XXV shall be instituted.
If the defendant has died before the end of the main trial, the proceedings shall be terminated by order of the court seised. "
Paragraph 278 of the third paragraph becomes paragraph nine.
45. Paragraph 300 (2) shall be replaced by the following two paragraphs:
"The same shall apply and the matter shall be referred immediately to the competent official, if the Judge or Chamber of the Regional Military Court is of the opinion that the criminal case falls within the jurisdiction of the Senate of the Regional Military Court or the Supreme Military Court.
Such a judgment of a self-judge of the Regional Military Court (§ 53 (1), first sentence) then replaces, for further proceedings before the Senate of the Regional Military Court or the Supreme Military Court, an action brought without a search procedure. '
Paragraph 300 of the third paragraph becomes paragraph 4.
46.
"A court may not be found to be incompetent because the case may be dealt with in a disciplinary manner pursuant to Article 2. The Senate of the Regional Military Court and the Finding Chamber of the Supreme Military Court may not declare themselves incompetent if, in their opinion, the criminal case is to be brought before a single judge or the Chamber of the Regional Military Court. If the case was referred to a regional court of war by a court of higher judgment, the court of the regional court of war may not declare itself incompetent. '
Article 47 (302) (4) reads:
"The provisions of the second paragraph on the hearing of the applicant and the defendant before the judgment shall not apply to proceedings before a single court of a regional court (§ 53, paragraph 1, first sentence), nor to any change in the mark of disciplinary misconduct. '
48. in § 303, paragraph 1, the words "divisional court" shall be replaced by the words "Senate of the Regional Military Court (§ 53, paragraph 1, second sentence) or before the Supreme Military Court";
49. in Article 304 (1) and (2), the word "Temporary" shall be replaced by the words "Self-Judge of the Regional Military Court (§ 53 (1), first sentence)."
50.
"If the judgment cannot be drawn up immediately, it shall be signed and signed by the President and the Registrar no later than eight days in proceedings before a single judge of the Regional Military Court (§ 53 (1), first sentence) no later than three days after the judgment has been delivered. '
51. § 332 reads:
"The judgments of the Regional Military Courts delivered by a single judge (§ 53, paragraph 1, first sentence) may be appealed:
1. if there are reasons for confusion (§ § 358 to 360),
2. for the statement of guilt,
3. for the sentence.
If the judgment declares a nonjurisdiction, it may be challenged by appeal only if it is based on the statement of non-jurisdiction on Article 300 (1).
Unless the special laws provide otherwise, an appeal may be lodged for a judgment against the defendant only if the sentence has been abnormally reduced or if it has not been recognised as a loss of rank against the applicant's application; for the benefit of the defendant, however, only if he has no longer been a single judge, has recourse to an exceptional right of appeal, below the lowest rate of punishment, or has been recognised as a separate penalty as a loss of rank, as well as in cases where such loss has been declared, even if it is not strictly imposed as a penalty. '
52. § 333, first sentence is:
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Regulation Information
| Citation | Act No. 226 / 1947 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1947 |
|---|---|
| Effective from | 01.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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