Act No. 232 / 1946 Coll.
Jury Courts Act
Valid
Effective from 01.03.1947
232.
Law
of 10 December 1946
about jury courts.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
§ 54 of the penal law of 27 May 1852, No. 117, will be worded as:
"(1) If several such attenuating circumstances are collected, one can reasonably assume that the culprit will improve, the punishment of the temporary prison can be changed into a more moderate sentence and reduced to a lower limit of the legal penalty.
(2) However, if a penalty of more than five years is to be imposed by law, the sentence cannot be reduced by less than one year, and if a penalty of more than ten years is to be imposed by law, under three years.
(3) If they have the advantage of mitigating circumstances, the court may impose the penalty of a temporary heavy dungeon, but not under ten years instead of the legal punishment of a life-long prison. However, if attenuating circumstances have such a weight that even a sentence so tempered appears unfairly severe, the court may impose a severe prison sentence not under five years. "
After Paragraph 403 of the Code of Criminal Procedure of 23 May 1873, No 119, paragraph 403a is inserted:
"If the death penalty is to be carried out on several persons, the court (court), which decided in the first chair, shall, in private sitting in the presence of the prosecutor, determine the order in which it is to be executed, and shall notify the sentenced person at the same time as the notification that the sentence will be enforced on him (§ 403)."
The Law of 28 June 1933, No. 108 Coll., on the Protection of Honor, is amended as follows:
1. The heading § 24 to 26 will sound:
Crime trial.
2. § 24, paragraphs 1 to 3 shall read as follows:
(1) The request for criminal prosecution shall be decided by the investigating judge.
(2) The request for criminal prosecution is also considered to be a proposal to initiate an investigation. If the investigating judge is of the opinion that this application should be rejected under the provisions of the Code of Criminal Procedure, the decision of the Council Chamber (Chamber of Appeal) shall be sought.
(3) If the court does not reject the application for criminal prosecution, the investigating judge shall supply a copy of the application to the defendant and, if there are several, to each of them. At the same time, it shall circumvent the conciliation of the party and the person affected by the guarantee or to whom any obligation (persons involved) may be imposed by judgment. It may also be requested by a district court to carry out conciliation negotiations if this makes it easier, faster or cheaper.
Article 3 (25), paragraph 2 shall read as follows:
(2) Negotiations on reconciliation are public. They are run by a county court investigating a judge, by a county court hearing a presiding officer or a judge appointed by him to do so.
4. Paragraph 25 (4), second sentence is deleted.
5. § 26, paragraph 3 shall read as follows:
(3) The decision referred to in paragraph 1 may be complained against within three days of its declaration and, if the party was not present at the time of its declaration, within three days of its receipt. The Board of Appeal shall decide on the complaint definitively.
6. The heading § § 27 to 31 will sound:
All provisions contrary to this law shall be repealed, in particular:
1. the provision of Article VI of the Law of 23 May 1873 concerning the Code of Criminal Procedure, No 119 of the Law of 23 May 1873,
2. Paragraph 14 and 484 of the second and nineteenth sentences of the Code of Criminal Procedure No 119 / 1873,
3. Law of 23 May 1919, No. 278 Coll., on the compilation of lists of jurors,
4. the Act of 15 April 1920, No 268 Coll., on the temporary cessation of the jurisdiction of juries,
5. § § 16 to 25 of Act No. 124 / 1924 Coll., as amended by Act No. 108 / 1933 Coll.,
6. provision § 6, paragraph 1 of Act No. 123 / 1931 Coll.,
7. Paragraph 3, and as far as the judgment of the jury is concerned, § 4 to 6 of the Act of 3 May 1934, No 91 Coll., on the imposition of the death penalty and on life sentences,
8. provision of Article II of Decree of the President of the Republic of 8 August 1945, No. 62 Coll., on relief in criminal proceedings.
(1) This Act shall take effect on 1 March 1947, subject to the provisions on the drawing up of the initial and annual lists of jurors and to the provisions of Paragraph 92, which shall take effect on the date of its publication.
(2) The list of jurors for 1947 should be drawn up immediately after the publication of this law.
This law will be implemented by the Ministers of Justice and Home Affairs.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 232 / 1946 Coll., on Jury Courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1946 |
|---|---|
| Effective from | 01.03.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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