Act No. 23 / 1948 Coll.
Law on the enforcement of sentences affecting property imposed by criminal courts
Valid
Effective from 13.03.1948
23.
Law
of 3 February 1948
on the execution of criminal penalties against property imposed by criminal courts.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
General provisions.
Jurisdiction
It is for the court which has ruled in the first chair to order the execution of punishments affecting property and to take the decisions and measures of the parties to the execution of those punishments, unless otherwise provided for in this law.
Cash punishment.
An invitation to pay the penalty.
If the sentenced person does not pay the penalty immediately after the legal power of the judgment, the court shall ask him to do so within eight days, otherwise the sentence shall be enforced by execution.
The execution of the sentence remaining after counting the bond.
(1) If a link to the cash penalty is included, only part of it may be enforced, which is equal to the whole of the cash penalty, in proportion to the part of the replacement penalty remaining after deduction of the netting, to the whole of the replacement penalty; the number of such amounts shall be determined by the court.
(2) The fractions of the day and fractions of the crown shall not be regarded for the benefit of the sentenced in determining the proportion of the sentence referred to in paragraph 1.
Deferred execution and payment of the sentence by amounts.
(1) At the request of the defendant, the court shall defer the execution of the financial penalty for a period of no more than one year from the legal authority of the judgment or allow the defendant to pay the financial penalty in instalments in such a way that he or she is paid in full by that time at the latest if he or she is liable to prevent the disruption of his or her property, family or material damage to his or her family. The suspension or authorisation of instalments may be made by the court dependent on the establishment of a reasonable security.
(2) The Court of First Instance may also take account of applications made after the expiry of the eight-day period at issue in § 2.
(3) The application shall not have suspensory effect, but the court may, at its discretion, at the request of the court, suspend the execution until a decision has been taken to enforce the pecuniary sentence or, if it is already in progress at the time of the request of recovery, ask the enforcement court to postpone the execution until the application for continuation has been filed. This shall take account of the time limit laid down in paragraph 1.
(4) If the reasons for which a postponement of a cash sentence has been granted or if the sentenced person does not pay properly two successive instalments without a serious reason, the court shall revoke the postponement of the sentence or the postponement of the sentence by instalments. The same applies if the sentenced person does not, within the prescribed period, establish a security on which the court has subsequently made a further deferral or instalment to the dependent.
Order of enforcement enforcement.
(1) If the sentenced person does not pay within eight days of the receipt of the order for payment or of the order by which the payment or payment has been refused by instalments (§ 4 (4)), the financial penalty shall be enforced by judicial execution. If the execution has been postponed, the court shall request that it be continued. The same procedure shall apply if the sentenced person does not pay the penalty within eight days of the date on which the period for which the sentence was suspended has passed.
(2) If the execution or continuation of the execution has been authorised before the expiry of the period laid down in paragraph 1, the sentenced person may propose the revocation of the execution before the execution court, as far as the continuation of the execution is authorised, further delay; the court decides on the application after hearing the creditor (§ 7, No 1).
Abandonment of enforcement.
The Court of First Instance shall waive the enforcement of a financial penalty if it is obvious that it would not result or that the execution of the sentence would jeopardise the maintenance of the sentenced person or persons to whom the debtor is legally obliged to provide nutrition, or that this would prevent the fulfilment of the obligation to make good the damage caused by the offence.
Enforcement.
(1) The provisions of the Rules of Enforcement (Law) on the recovery of cash claims, with the following derogations, apply to the enforcement proceedings:
1. The court which ordered the enforcement of the sentence shall have the status of creditor in the enforcement proceedings. The Financial Prosecutor shall be represented by military courts, other courts shall be represented only if the execution of assets other than movable property and if so requested, or if there are disputes arising from the execution proceedings.
2. If there is a guarantee for which the defendant has been released from custody, or if there are other matters of the convicted person for criminal proceedings, but not declared to be forfeited, the penalty shall first be paid to the sentenced person on the priority programme before any other defects on him.
3. If such property is not condemned, the execution of his movable property shall be carried out on a material matter, and only if it has been lost, on another property.
4. The property which provides compensation for the damage caused by the offence or the payment of any other property punishment may be used only for the payment of the cash penalty for what remains after the claims have been met.
(2) If the execution has been authorised in breach of the provisions of paragraph 1, paragraphs 2 to 4, the sentenced and, in the case of No 4, the injured party may propose its annulment before the execution court; the court shall decide on the application after hearing the creditor.
Guarantee for the punishments.
(1) The financial penalty for which liability has been imposed on another person can only be enforced on that person if the execution has remained without consequence or the court has waived enforcement (§ 6).
(2) Where a liability has been imposed on a person as the owner of the undertaking and where it is not possible to obtain a financial penalty on him, the liability decision may also be enforceable against his successor if the change of ownership is demonstrated by public or private documents on which the signature of the person whose property is transferred is certified by a court or public notary.
(3) When a guarantee has been deposited at the same time by several persons, it is jointly and severally liable.
(4) Otherwise, a person liable for a cash penalty is subject to the appropriate provisions of § § 2, 4 to 7. However, if liability has been imposed on another person by a separate resolution, the sentence may be enforced on that person only when the resolution has acquired the power of law.
Ordinance of the execution of a stand-alone sentence.
(1) If the cash penalty is impenetrable, or if the court forgoes enforcement, it shall order the execution of the replacement sentence to be carried out freely. However, if a guarantee has been imposed on other persons (§ 8), it will only do so if the financial penalty does not lie with any of them or if the enforcement proceedings have been waived on all those persons.
(2) If only part of the penalty is not available, only part of the penalty shall be paid in proportion to the total penalty in proportion to the amount of the penalty in question.
(3) The sentenced person may, at any time, withhold the execution of the replacement sentence or the remainder thereof by paying the cash penalty or a part thereof equivalent to the total cash penalty in the same proportion as the outstanding part of the replacement sentence to the whole replacement sentence.
(4) In determining the proportion of the sentence referred to in paragraph 2 or 3 for the benefit of the sentenced, fractions of the day and the crown shall be disregarded.
To stop and fail.
A decision which has been taken or declared to be forfeited shall be taken in accordance with the provisions on the enforcement of criminal penalties.
A decision which has been taken or declared to be a forfeited other matter shall be taken in accordance with the relevant provisions of the Rules of Enforcement (Law); Paragraph 7 (1), No 1 applies also. Where such a property decision or a right registered in a public book is concerned, it shall be a deposit instrument under library law.
(1) Where enforcement is prevented or forfeited, that what has been seized or declared to be forfeited by a criminal court, is no longer the subject of the judgment, or that it cannot be separated from his other property, or that a third party proves his right to the matter, the court shall decide, if the criminal law so permits, that the value of that in money shall take place in the place of what has been prevented or declared to be forfeited. At the same time, it shall determine the amount of that amount. The provisions on the enforcement of criminal penalties shall apply to the recovery of that amount.
(2) However, if the defendant proves that he or she has come without his or her own fault, the court shall state that enforcement shall be prevented or forfeited.
Confiscation of a fortune.
Performance assurance.
(1) If the accused is urgently suspected of a criminal offence for which, under the law, the confiscation of a property or part of a property could be declared guilty of confiscation and evaded from criminal proceedings by fleeing, hiding or staying abroad, or if there is reason to fear that he will thwart or impede the execution of a confiscation by destroying, damaging, improper doing, alienating or removing his or her property or otherwise diminishing his or her property, the court (§ 18, paragraph 4) will confiscate the property which the defendant has in the Czechoslovak Republic of Czechoslovakia prior to a decision on the action itself.
(2) The order to confiscate the property of the defendant shall be published on the record, published in the Official Journal (Official Gazette), and, where appropriate, by other appropriate means, and shall be delivered to the financial prosecutor responsible for the court seised.
(3) On the day the order was posted on the court record, all the property which the defendant has in the Czechoslovak Republic is seized. Confiscation also affects the gains and profits arising from confiscated property, as well as property acquired by the accused after seizure. If confiscation takes place, all legal acts of the accused, concerning property seized, excluding legal acts to avert imminent damage, shall be without effect.
(4) Any person who has the authority of the property which belongs to the confiscated property shall, as soon as he becomes aware of the seizure, notify the competent financial prosecutor or the district court of his residence or the district court in whose district the case is situated, otherwise he shall be liable for any damage caused by the omission of the notification. The court notified shall inform the financial prosecutor accordingly.
(5) In order to secure the property seized, including the proceeds thereof, the court in whose district the property seized or part thereof is situated shall, on a proposal from the Financial Prosecutor, take the necessary interim measures in accordance with the provisions of the Enforcement Order (Act); If there is a danger of delay, the court may also do so on official authority.
(6) The court which seized the property may, in accordance with the law, hear the financial prosecution, exclude individual items of property which are necessary to ensure the necessary nutrition of the defendant or persons referred to in the law, or otherwise provide the means for that.
(7) The court which seized the property will abolish the confiscation when the criminal proceedings have been terminated without the confiscation being declared or when it is certain that the confiscation of the property cannot be made. The resolution shall be delivered to the financial prosecutor and shall arrange for what is necessary to release confiscated property.
(1) If the court declares the confiscation of the sentenced's assets, all the assets sentenced to the Czechoslovak State shall pass the day on which the judgment becomes final. Paragraph 11 also applies here.
(2) The court may hear the financial prosecutor, release from confiscation individual items of property which are strictly necessary to ensure the necessary nutrition of the sentenced or persons referred to in the law. The Government shall adapt the details by means of a regulation, taking into account the provisions of the Enforcement Order (Act).
(3) The State guarantees the creditors of the sentenced to debts belonging to the confiscated assets only up to the value of the assets.
(1) The provisions of the previous paragraph apply mutatis mutandis if confiscation was made only in respect of a part of the sentenced's assets determined by the share of the whole. The Court of First Instance may, on application by the Financial Prosecutor, determine the value of the confiscated part of the assets. The cash amount thus determined shall be recovered in accordance with the provisions on the enforcement of criminal penalties.
(2) The provisions on the enforcement of criminal penalties also apply to the confiscation of part of the capital, determined by the amount of money.
(3) If, prior to confiscation pursuant to paragraph 1 or 2, the property of the sentenced person has been confiscated (Paragraph 13), the court shall, after confiscation of the confiscation, abolish the seizure of property which will not be affected by execution.
Provisions common and final.
(1) The proceeds of criminal penalties affecting property belong to the State. The same applies to the penalties imposed by criminal courts.
(2) How to deal with the matters and rights that were brought to the State by the execution of the sentence are laid down in specific regulations.
(3) Paragraph 4 does not apply in cases where the penalty on money has been imposed under Act No. 15 / 47 Coll.
The provisions of this law also apply to military justice.
(1) The decisions and measures of the parties to the enforcement of the sentence are to be taken, excluding the decisions pursuant to paragraphs 14, 2 and 15, paragraph 1, in the second sentence to the President of the Chamber (President of the Jury Court) after hearing the public prosecutor.
(2) To decide on applications for suspension of the sentence or authorisation to pay the cash penalty in instalments is for the Chamber (judicial panel) to sit in private. However, if the President agrees with the public prosecutor that the suspension or payment of the sentence should be permitted in instalments, a resolution of the Chamber shall not be required.
(3) If the judgment is delivered by a single judge in the first chair, he shall take the decisions and measures referred to in paragraphs 1 and 2.
(4) The decisions referred to in paragraphs 13 (1) and (6) of Article 13 shall be brought before the beginning of the main hearing of the Chamber of Councillors (the Chamber of Appeal), after the legal power of the prosecution in matters falling within the jurisdiction of the courts of the jury, the judicial panel of the jury.
(5) In the field covered by the Code of Criminal Procedure Article XXXIII / 1896, the Public Prosecutor's Office is to take the decisions and measures of the parties to the enforcement of the sentence, which fall within the scope of the Section of the Second and Third Arbitration Court (§ 1), when the Court of First Seat or the Court of Jury decided on the criminal case in the first chair.
(1) The decision referred to in Paragraph 13 (1) may be complained of by the public prosecutor, the defendant and his spouse, his legal representative and his relatives within eight days of his service. The complaint shall be lodged with the court against whose decision it is directed and shall be definitively decided by the court to which it is for to decide otherwise. The complaint shall not have suspensory effect.
(2) There is no appeal against the decisions and measures referred to in Paragraph 18 (1) to (3).
(3) Otherwise, proceedings before criminal courts which are held under this law shall be supported by the provisions of the criminal rules.
(1) All provisions contrary to this law shall be repealed, in particular:
1. Paragraph 409 of the Code of Criminal Procedure of 23 May 1873, No 119,
2. Paragraph 519 of the Code of Criminal Procedure of Article XXXIII / 1896,
3. provision of § 18, paragraphs 2 to 6 of the Law of 17 October 1919, No 568 Coll., on the punishment of war usury,
4. Clause 10, paragraphs 4 and 11, paragraph 1 of the Law of 30 May 1924, No 124 Coll., on the change of jurisdiction of criminal courts and liability for the content of the form in the matters of perjury, defamation and libel, as amended by the Law of 28 June 1933, No 108 Coll., on the protection of honour,
5. Paragraph 73 of the Military Criminal Act of 15 January 1855, No 19.
(2) Where other applicable provisions refer to the provisions of Section 18 of Act No. 568 / 19 Coll., these references continue to refer to similar provisions of Section Four of that Act.
This Act shall take effect on the eighth day following its publication; It shall be carried out by the Ministers for Justice and National Defence.
Dr Beneš v. r.
Gottwald v. r.
Maj-Gen Svoboda v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 23 / 1948 Coll., on the enforcement of the sentence affecting property imposed by criminal courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1948 |
|---|---|
| Effective from | 13.03.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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