Act No 231 / 1948 Coll.
Law for the Protection of the People's Democratic Republic
Valid
Effective from 24.10.1948
Contents
Hlava I.
§ 1.
§ 2.
§ 3.
§ 4.
Hlava II.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
Hlava III.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
Hlava IV.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
Hlava V.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 70.
§ 71.
§ 72.
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231.
Law
of 6 October 1948
to protect the People's Democratic Republic.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Offences against the state.
High treason.
(1) Who will try:
(a) destroy the independence or constitutional unity of the Republic;
(b) tear part of its territory from the Republic;
(c) destroy or destroy the People's Democratic establishment or social or economic system of the Republic guaranteed by the Constitution; or
(d) by force to prevent the constitutional activity of the President of the Republic or his Deputy, legislative or government,
He will be punished for the crime by a heavy dungeon of 10 to 25 years, or for life.
(2) In the same way, it will be punished who associates with someone or walks in direct or indirect contact with foreign power or with foreign factors.
(3) The guilty shall be punished by death:
(a) if the offence referred to in paragraph 1 or 2 is committed under a security alert by the State or at the time of the armed assault of the Republic;
(b) where such an act is particularly threatened by the independence, constitutional unity or territorial integrity of the Republic, its popular democratic establishment, the social or economic system guaranteed by the Constitution, or where the constitutional activity of the President of the Republic or his Deputy, legislative or governmental body (the Board of Authors) has been prevented;
(c) if the armed forces or armed forces or the armed forces have been used for such an act, or if they have been collected or organised for such an act,
(d) if there has been a violent resistance to the armed forces or armed forces in such an act; or
(e) if there is another particularly aggravating circumstance.
Assembling against the state.
(1) Those who associate themselves with someone who intends to subvert independence, constitutional unity or territorial integrity of the Republic, or its popular democratic establishment, its social or economic system, or its national character, guaranteed by the Constitution, will be punished for the offence of a rigid prison from three months to three years.
(2) Those who commit the offence referred to in paragraph 1 in a state's armed alert or at the time of the armed assault of the Republic shall be punished for the crime by a heavy prison from one year to five years.
(3) Those who intend to subvert the independence, constitutional unity or territorial integrity of the Republic or its people's democratic establishment, its social or economic system or its national character, guaranteed by the Constitution, or who take part in such an organisation or support it or support it in subversive efforts, shall be punished for crime by a heavy prison from one year to five years, and where there is a particularly aggravating circumstance, from five to ten years.
A riot against the Republic.
(1) Those who, in public or in front of more than one or more people, oppose the Republic, its independence, its constitutional unity, its territorial integrity or its popular democratic establishment, its social or economic system or its national character, guaranteed by the Constitution, will be punished for the offence of a rigid prison from three months to three years.
(2) In the same way, it shall be punished who, intentionally or through gross negligence, allows or facilitates the spread of the outrageous speech referred to in paragraph 1.
(3) Any person who commits an act referred to in paragraph 1 or intentionally an act referred to in paragraph 2 under the security guard of the State or at the time of the armed assault of the Republic shall be punished for the crime by a heavy prison from one year to five years.
The defamation of the Republic.
(1) Who denies the Republic,
who defame the name or symbol of the Republic, in particular its emblem, flag, colour or national anthem; or
who destroy, damage or remove the symbol of the Republic, in particular its emblem, flag or colour, or the representation of the President of the Republic or his Deputy Director, intending to show contempt for the Republic or hostile thinking about it;
he will be punished for the offence by prison from eight days to six months.
(2) Those who, in public or in front of more than one person, commit the offence referred to in paragraph 1 shall be punished for the offence by a rigid prison from three months to two years.
Offences against external state security.
Curiosity.
(1) Anyone who seeks to divulge a foreign power or who seeks to divulge a foreign power directly or indirectly, or who seeks to divulge a State secret, or who cooperates with a person, directly or indirectly, in contact with a foreign power or with a foreign agent, or who comes into contact with an organisation whose purpose is to inquire about a state secret, intends to support it, will be punished for the crime by a heavy prison from ten to twenty-five years or for life.
(2) The guilty shall be punished by death:
(a) if the offence referred to in paragraph 1 is committed under a security alert by the State or at the time of the armed assault of the Republic;
(b) if he has committed such an act, although the obligation to keep state secrets has been expressly imposed on him,
(c) if they commit such an act as a member of the organisation, the purpose of which is to inquire about state secrets;
(d) where such an act of state secrecy is of particular importance,
(e) if they have committed such an act after a gainful manner or have committed such an act for a longer period or to a significant extent or in a particularly dangerous manner; or
(f) if there is another particularly aggravating circumstance.
(3) State secrecy shall mean a fact, measure or object which the Government holds in the interests of the Republic, in particular in the interests of political, military or economic interest, or which is to remain secret from foreign authority or from foreign actors.
Curiosity against the ally.
Those who harm the Republic by committing espionage (§ 5) against the ally will be punished for the crime of the punishments set out in § 5 according to the distinction made there.
The imprudent preservation of state secrets.
Anyone who is negligent enough to cause a state secret to become known foreign power or to foreign officials, even though he had a duty to preserve it, will be punished for the offence of a rigid prison from three months to three years.
A threat to the defense of the Republic.
Anyone who seeks to divulge or divulge to an unauthorised person a state secret will be punished for the crime by a heavy prison from one year to five years, and if there is a particularly aggravating circumstance, from five to ten years.
(1) Who without official authorisation
(a) make a description, plan, drawing or image of any device or measure to defend the Republic;
(b) copy, recap or photograph a plan, drawing, image or file of such a device or measure, or give it or allow it to be copied, recited, or photographed; or
(c) any such object shall be provided for itself or anyone else or shall be made public;
He will be punished if his actions are not more severely punishable, for the offence of hard imprisonment from one month to one year.
(2) In the same way, he will be punished, if not more severely punishable, under § 5 or 8, who unjustly seeks state secrets.
War pest.
(1) Any person who, during a state's armed alert or at the time of an armed invasion of the Republic, or at the time of increased security measures to defend the State, causes damage to the defence or to the military undertakings of the Republic or its ally, or benefits or supports the enemy in any way, shall be punished for crime by a heavy prison of between ten and twenty-five years or for life; if they commit such an act after a profitable manner or if there is another particularly aggravating circumstance, he will be punished by death.
(2) In the same way, it will be punished who collects with or interacts directly or indirectly with the enemy.
(3) Those who commit the offence referred to in paragraph 1 through gross negligence shall be punished for the offence by a rigid prison from three months to three years.
War betrayal.
A Czechoslovak citizen who, during a state's armed emergency or during the time of armed attack of the Republic, is serving in an enemy army or in an enemy armed corps, will be punished for crime by a heavy prison from 10 to 25 years of age, and if there is a particularly aggravating circumstance, for life or death.
Illegal reporting.
Who publishes data on any undertaking, institute, establishment or measure relevant to the defence of the Republic or its ally, in particular on the strength, war fitness or movement of the military or other military-organised corps, although he may have known by means of an official ban or a report or other circumstances that, through publication, he would endanger the interests of the State,
who publishes data on an offence referred to in Sections 1, 2, 5 to 8, 10, 11 and 39 or on official enquiries or criminal proceedings relating to such an offence, unless a report has been issued or approved by the Ministry of National Defence or the Ministry of Interior; or
who provide the unauthorised person with information on a criminal offence referred to in Sections 1, 2, 5 to 8, 10, 11 and 39 or on official searches or criminal proceedings relating to such an offence;
he will be punished, if not for a more severe criminal offence, for the offence of a rigid prison from one month to one year.
Participation and maintenance in a military crime or offence.
(1) Anyone who intentionally acts to commit a military crime or to commit such a crime or to prosecute the perpetrator after committing such an act by hiding or helping to escape or on the run shall be punished if he is not subject to the jurisdiction of the military courts under Section 11 of the Military Criminal Code, for the crime by a heavy prison from one year to five years.
(2) Those who participate in the manner referred to in paragraph 1 of this Article shall be punished if they are not subject to the jurisdiction of the military courts under Article 11 of the Code of Criminal Procedure for the offence of a rigid prison from one month to one year.
(3) If a military criminal law provides for a military crime or offence in which the guilty party has participated or has held in the manner referred to in paragraph 1 or 2, a lower penalty rate than that provided for therein, the guilty party shall be punished at that lower penalty rate.
(4) There's no crime in keeping people close to you.
Crimes against national security.
Attacks on the lives of constitutional officials.
(1) Who commits murder or willful killing or attempted such an act
(a) to the President of the Republic or his Deputy Director; or
(b) to a member of the government (College of Authors) or a member of the legislature in the exercise of its powers or for that exercise or for any of its activities in political life;
He will be punished for the crime of death.
(2) In the same way, it shall be punished who acts to commit or commit murder or intentional killing against one of the persons and under the circumstances referred to in paragraph 1, even if the act has not been completed.
Physical damage to constitutional officials.
(1) Who intentionally damages the body or health
(a) the President of the Republic or his Deputy Director, or
(b) a member of the Government (College of Authors) or a member of the Bureau of the legislature in the exercise of its authority or for that exercise or for any of its activities in political life;
He will be punished for the crime by a heavy dungeon of five to ten years.
(2) If the guilty party has committed the offence referred to in paragraph 1 in order to be able to cause severe damage to the body or health or if such an act results in severe damage to the body or to health, the guilty party shall be punished by a heavy prison from ten to twenty-five years or for life, and if such an act results in the death of the injured party, the guilty party shall be punished by death.
Those who intentionally harm the body or the health of a member of the legislature in the exercise of his or her authority or for that exercise or for any of his or her activities in a political life shall be punished for crime by a heavy prison from one year to five years and in the circumstances referred to in § 15, paragraph 2 by a heavy prison from five to ten years.
Conspiracy to attack constitutional officials.
(1) Anyone who associates with someone to commit an act referred to in § 14 or § 15 or to commit such acts or who supports such an organisation or its participants in any way will be punished for crime by a heavy prison of five to ten years.
(2) Anyone who associates with someone to commit an act referred to in Paragraph 16 or to commit such acts or who supports such an organisation or its participants in any way will be punished for crime by a heavy prison from one year to five years.
Violence against constitutional officials.
Those who use violence to act on the exercise of the authority of the President of the Republic or his Deputy, a member of the Government or a member of the legislature, or who use violence against them for the exercise of their authority, shall be punished for crime by a heavy prison from one year to five years, and if they commit such an act with a gun, or if there is another particularly aggravating circumstance, by a heavy prison from five to ten years.
Personal powers of constitutional officials.
Those who, alone or in conjunction with others, have the authority reserved for the President of the Republic, his Deputy, a member of the Government (the Board of Authors) or a member of the legislature shall be punished for crime by a heavy prison from one year to five years, and, if there is a particularly aggravating circumstance, five to ten years.
Mutiny.
(1) Those who participate in the formation of multiple persons who intend to act jointly by force to exercise the authority of a public office will be punished for crime by a heavy prison from one year to five years.
(2) A heavy prison of five to ten years will punish the guilty party if he participates in the formation referred to in paragraph 1 in the intention set out there after extraordinary power has been used to restore order.
Those who participate in the formation of multiple persons who intend to act jointly by force on the exercise of the powers of the College called by law or after the Public Affairs Act will be punished for crime by a heavy prison of five to ten years.
Violence in the public corps.
Those who use violence to act on the exercise of the powers of the College called upon by law or after the law on public matters will be punished for crime by a heavy dungeon from one year to five years and if they commit such an act with a weapon, or if there is a particularly aggravating circumstance, by a heavy dungeon from five to ten years.
Injury to the President of the Republic.
(1) Anyone who harms the President of the Republic or his deputy in front of more than one person will be punished for the offence by a rigid prison from one month to one year.
(2) The guilty shall be punished by a stiff prison from three months to three years:
(a) if the act referred to in paragraph 1 is committed publicly or in the face of the President of the Republic (Deputy Director of the Republic); or
(b) if they commit it again on various occasions.
(3) Proof of the truth and of the justifiable error is not admissible.
The defamation of some constitutional officials.
Those who, in public or in front of more than one person, defamate the legislature or its Bureau, the committee or committee or the government (the board of delegates) or the member of the government (the board of delegates) for the exercise of its authority or for its activities in political life, shall be punished for the offence by a rigid prison from three months to two years.
Supporting and promoting fascism and similar movements.
(1) Those who promote or support fascism or Nazism or a similar movement that monitors the repression of the rights and freedoms of the working people or the spread of national, religious or racial hatred will be punished for crime by a heavy prison from one year to five years.
(2) Anyone who commits an act referred to in paragraph 1 by means of press, film, radio or similar effective means will be punished by a heavy dungeon of five to ten years.
(3) If a person has committed an act referred to in paragraph 1 in a security alert to the State or at the time of the armed assault of the Republic, he shall be punished by a heavy prison of 10 to 25 years.
Population.
(1) Who, publicly or in front of more people or more, incites violent or other hostile acts against individual groups of residents for their nationality, race or religion, or because they are without religion, or because they are supporters of the People's Democratic Order of the Republic, will be punished for the offence of a rigid prison from three months to three years.
(2) Those who, in the manner referred to in paragraph 1 and for some reason, urge the latter to oppose individual groups of residents shall be punished for the offence by a rigid prison from three months to two years.
(3) Any person who, in the manner referred to in paragraph 1 and for some reason referred to therein, induces a violent or other hostile act or hatred against an individual shall be punished for the offence by a rigid prison from one month to one year.
The defamation of a nation or race.
Who publicly or in front of more people defamates a nation, its language or a race, so that it may cause public corruption or threaten general peace, will be punished for an offence by a rigid prison from one month to one year.
Abuse of a spiritual office or other similar function.
Those who abuse the performance of their office as a clergyman or similar to their religious function to exercise influence on matters of political life in the direction of the unfavourable People's Democratic Order of the Republic will be punished, if not for a more criminally criminal act, for the offence of a rigid prison from one month to one year.
Illegal weapons.
(1) Who without authorisation from the competent authority
(a) provide, retain or leave to someone a cannon, machine gun, machine gun, hand grenade, mortar, flamethrower, combat gases or substances or weapons (s) of similar effectiveness or components which are strictly needed for the use of such a weapon;
(b) accumulate or distribute handguns or firearms, ammunition, explosives; or
(c) constitute an armed or militarily organised corps, associations or groups, or organise or train them militarily or in the handling of arms;
he will be punished for the offence by a stiff prison from three months to three years.
(2) Those who commit the act referred to in paragraph 1 to promote rebellion shall be punished for crime by a heavy prison from one year to five years.
(3) If the guilty party has committed the offence referred to in paragraph 2 in a armed alert of the State or at the time of the armed assault of the Republic, or if there is another particularly aggravating circumstance, he shall be punished for the crime by a heavy prison of five to ten years.
If the Office invites the population to issue the weapons and other items referred to in Paragraph 29 by decree, it shall not be penalised for the illegal use of such weapons or items by the Office within the period prescribed by the Order.
Any person who accedes or participates in, or supports, an armed or militarily organised corps, association or group, formed without the permission of the competent authority, shall be punished for the offence of a rigid prison from three months to two years; If, however, he knew that the purpose of any such congregation or association or any such group is rebellion, he will be punished for crime by a heavy prison from one year to five years.
Dissemination of the alarm.
(1) Those who extend the alert report, although they may realise that its spread is capable of seriously worrying at least a part of the population of a place, will be punished, if not more severely criminal, for the offence of imprisonment from eight days to six months; But if they knew that the message which it disseminates was false, he would be punished for the offence of a rigid prison from one month to one year.
(2) Those who extend the alert report, although they may have realised that its expansion is capable of endangering the security of the state, the industry of the population, the Czechoslovak currency, the seriousness of public power, public security or public order, or that it may be able to afford the price of objects of need, the prompt and mass purchase or the sale or the prompt and bulk collection of deposits, will be punished for the offence by a rigid prison from one month to one year; But if they knew that the message which it has spread was false, he would be punished by a rigid prison from three months to three years.
(3) Those who, during a state's armed alert or at the time of an armed attack on the Republic or at the time of the increased security measures to defend the State, extend the alert message referred to in paragraph 2 shall be punished for the offence by a rigid prison from three months to three years; However, if it disseminates the report in a press, film, radio or similar efficient manner, it will be punished for crime by a heavy prison from one year to five years.
Incentive crime and failure to fulfil legal obligations.
(1) Who, publicly or in front of more people, incites crime or crime, will be punished for the offence by a rigid prison from three months to three years.
(2) Who in public or in front of more than one person incites to a crime under this law, to a crime or offence against a military, a crime or offence referred to in § § § 171 to 177 of the Act of 13 May 1936, § 131 of the Act of Defence of the State, or to an offence referred to in § § § 47 to 51 of the Defence Act of the Czechoslovak Republic of 19 March 1920, § 193 Coll., as amended by the laws amending it and supplementing it, will be punished for crime by a heavy prison from one year to five years; But if the law determines the crime to which the guilty man incited, the death penalty will be punished by a heavy prison of five to ten years.
(3) Those who publicly incite the mass perpetration of a judicial or administrative offence or the collective failure to comply with public law imposed by law will be punished for the offence by a rigid prison from one month to one year, and if there is a particularly aggravating circumstance, from three months to three years.
Approval of a crime.
(1) Who publicly or in front of more people
(a) praises or expressly approves a crime or offence or otherwise gives its consent; or
(b) praise or celebrate the perpetrator for a crime or offence;
he will be punished for the offence by a rigid prison from one month to one year.
(2) In the same way, he will be punished if he is not already a participant for such an activity, who rewards the perpetrator in any way for a crime or offence or intends to give his consent to his action, and in any way provides him with compensation for the punishment, security measures or performance imposed on him by a judgment of the criminal court or collects for that purpose.
(3) If a guilty party (paragraphs 1 and 2) has approved a crime referred to in § 1, 5, 6, 10, 11, 14 to 16 and 18, he will be punished for the crime by a heavy prison from one year to five years.
Failure to prevent or notify a crime.
(1) Those who do not thwart any crime or offence referred to in Sections 1, 2, 5, 6, 11, 14 to 16, 18, 29 and 31 will be punished if they go against crime by a heavy prison from one year to five years, and if they go against an offence by a rigid prison from one month to one year.
(2) The penalties provided for in paragraph 1 shall be punishable who shall know in a credible manner that a crime or offence referred to therein is about to be committed, or that a crime or offence referred to in paragraphs 5 to 8, 10, 11 has been committed and shall not notify it in an urgent manner in a credible manner to the Security Authority (authority).
(3) It shall not be punishable in accordance with paragraphs 1 and 2 who have been unable to comply with the obligation referred to therein easily and without danger to themselves or to persons close to themselves.
Sabotage.
(1) Those who do not fulfil or breach the obligation arising from their public office, office, service, profession or employment or who do so shall be punished, not more severely punishable, for crime by a heavy prison from one year to five years.
(2) The guilty will be punished by a heavy prison of five to ten years
(a) if the offence referred to in paragraph 1 is committed under a security alert by the State or at the time of the armed assault of the Republic;
(b) if they commit such an act as a member of the association for economic sabotage,
(c) where the implementation or implementation of the single economic plan has been thwarted or made difficult on a substantial section; or
(d) if there is another particularly aggravating circumstance.
Those who do not fulfil or violate the obligation arising from their public office, office, service, profession or employment to jeopardise the important interests of the Republic will be punished, if not more severely criminal, by a heavy prison of five to ten years.
Contents
Hlava I.
§ 1.
§ 2.
§ 3.
§ 4.
Hlava II.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
Hlava III.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
Hlava IV.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
Hlava V.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 70.
§ 71.
§ 72.
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Regulation Information
| Citation | Act No. 231 / 1948 Coll., to protect the People's Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1948 |
|---|---|
| Effective from | 24.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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