Act No. 232 / 1948 Coll.
State Court Act
Valid
Effective from 24.10.1948
232.
Law
of 6 October 1948
about the state court.
The National Assembly of the Czechoslovak Republic decided on the following Act:
State Court Organisation.
Establishment of a state court.
For the entire territory of the Czechoslovak Republic a state court with its seat in Prague is established.
The composition of the state court.
The State Court consists of the President and the necessary number of vice-presidents, professional judges and judges from the people.
Systemisation.
(1) The post of President of the State Court is systemised in the first scale of the functional service, the post of Vice-Presidents is systemised in the second scale of the functional service.
(2) The posts of the Presidents of the Chambers shall be organised in the III scale of the functional service, the post of the other professional Judges in the IV scale of the functional service.
(3) The number of service posts of the Judges referred to in paragraphs 1 and 2 shall be determined by the Government and the systemisation of service posts of other servants of the State Court, both on a proposal from the Minister of Justice.
Allocation of judges to the national court.
At the request of the President of the State Court, the Minister of Justice may temporarily assign a Judge in VI. to serve at the State Court or a higher scale of a functional servant. No more than one year may elapse against the will of the assigned judge.
Judges of the people.
(1) The judges of the people are appointed by the Government on a proposal from the Regional National Committees for a period of one year. A judge of the people of military persons active in the service (§ 21 (2) and (3)) shall be appointed by the Government of the persons proposed by the Minister of National Defence. Upon expiry of the one-year period, the same persons may be reappointed.
(2) Only those registered in permanent electoral lists who are older than 35 years and not older than 60 years may be called to the office of the judge of the people. Only a well-versed person may be a judge of the people at the Supreme Court (§ 23, paragraph 2).
(3) For the judges of the people, do not be called the President of the Republic, the members of the legislature, the government and the board of delegates, the professional judges, the conceptual officials of the Public Prosecutor's Office, the defenders in criminal and spiritual matters.
(4) It is a civic duty to accept and hold the office of judges from the people. Refusal or surrender of a judge's office may be for important reasons only; The Minister of Justice shall decide on this and, if it is a military person, the Minister for National Defence.
It is for the judges of the people to be compensated by a decree by the government.
The oath of the judges of the people.
The judge of the people will swear to the President of the State Court that he will uphold the laws and regulations, interpret them in the spirit of the Constitution and the principles of the popular democratic establishment, and decide impartially. Judges of the people working in the Supreme Court (§ 23, paragraph 2) shall take the oath into the hands of the first President of the Supreme Court.
State Court.
(1) The President of the State Court is the head of the State Court, oversees its activities and is, in the matters of the judicial administration, the Chief of Staff of all the employees active in the State Court.
(2) If an obstacle is hindered by the President of the State Court in the exercise of his or her duties, his or her duties shall be exercised by the Vice-President of the State Court in the seniority order of the oldest.
(3) The accounting office of the Ministry of Justice provides the accounting service for the State Court. For the remainder of the calendar year 1948, the accounting office of the Land Court does so.
An interim programme and supervision in administrative matters.
(1) In administrative matters of the State Court, the Minister of Justice shall decide on the instant agenda.
(2) The Minister of Justice shall supervise the administration of the State Court.
Public prosecutor.
(1) In order to act on a public action under the Code of Criminal Procedure and to amend it, a State Prosecutor shall be established in the State Court.
(2) The State Prosecutor and the State Vice Prosecutor are members of the State Prosecutor.
(3) The service post of the State Prosecutor is systemised in the II. scale of the functional service, the post of state Vice Prosecutor in the II. scale of the functional service.
(4) The number of service posts of state vice prosecutors shall be determined by the Government on a proposal from the Minister of Justice.
The Minister of Justice may, on a proposal from the State Prosecutor, temporarily assign conceptual pragmatic prosecutors and judges to the State Prosecutor's Office. No more than one year may elapse against the will of the assigned judge.
(1) The State Prosecutor shall direct the State Prosecutor, oversee his or her activities, order the work of each member of his or her duties and shall be the Chief of Staff of the State Prosecutor; is under the authority of the Minister of Justice.
(2) If an obstacle is hindered by the State Prosecutor in the exercise of his or her duties, his or her duties shall be exercised by the State Vice-Prosecutor in the seniority order.
Office and establishment work in the State Prosecutor's Office shall be provided by staff of the State Court of the relevant category.
The staff of the State Prosecutor shall be assessed and indicated by the State Court; they are paid by the Ministry of Justice's accounting office.
Jurisdiction of the State Court and general provisions.
State Court Chambers.
(1) Chambers of the State Court are five members. The chairman and two members are professional judges, two members are people judges. However, judges from the people only participate in decisions outside the main hearing where the law expressly provides for it.
(2) Where the defendant or one of the accused otherwise has military jurisdiction, one member of the Chamber shall be a military judge, unless the President is already a military judge. One judge of the people must be a member of the armed corps to which the accused belong; If the co-indictment lies with different armed corps, judges from the people will be called to represent each corps as far as possible.
(1) The Chambers and Council of the State Court shall be drawn up by the President of the State Court at the beginning of the calendar year for the whole year.
(2) The President of the State Court shall be entitled to preside over any session of the Chamber if he is not excluded on the matter.
Chambers of the Supreme Court.
(1) The Supreme Court exercises jurisdiction in the cases in which the State Court ruled in the first chair, in five chambers. If the defendant or one of the accused otherwise has military jurisdiction, two members of these chambers must be military judges acting in the Supreme Military Court.
(2) If the Supreme Court decides on an appeal (special appeal) against a decision of which judges of the people have taken part, it shall, in chambers extended by two judges of the people.
(3) The Chambers referred to in paragraphs 1 and 2 shall be drawn up by the first President of the Supreme Court at the beginning of each year in agreement with the President of the Supreme Military Court.
Repeal and amendment provisions.
(1) All provisions contrary to this Act are repealed, in particular Act No. 68 / 1935 Coll. Paragraph 128 of Act No 131 / 1936 Coll. remains unaffected.
(2) The following sentence is added to Paragraph 212 (3): "If it is of the opinion that the court of state is competent, it shall declare that the court with which the indictment has been lodged has no jurisdiction and state the grounds therefor."
(3) Paragraph 56 (1) of the Act of 11 March 1931, No 48 Coll., on the criminal justice of young people, is amended and read as follows: "The jurisdiction of a national court applies to young persons; Paragraph 37 to 39, § 40, paragraphs 2 to 5, § 44, paragraphs 1 and 2, § 45 and § 47, paragraph 5 shall apply in proceedings against them before the national court. '
Efficiency and implementation of the law.
This Act shall take effect on the eighth day following its publication; It shall be implemented by the Ministers for Justice, Home Affairs and National Defence in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 232 / 1948 Coll., on the State Court |
|---|---|
| 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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