Act No. 24 / 1957 Coll.
Law on disciplinary action against theft and damage of property in socialist property
Valid
Effective from 10.05.1957
24
Law
of 18 April 1957
on the disciplinary (disciplinary) prosecution of the theft and damage of property held in socialist property.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Discipline
(1) Small-scale theft and other intentional damage to property held by socialist property, where it has been committed on property managed by the undertaking, office, institute or other organisation of the Socialist sector by their employee, is prosecuted as a disciplinary (disciplinary) offence (hereinafter referred to as "disciplinary misconduct"), in particular where such an act concerns matters to which the employee has access in the performance of his work.
(2) The action referred to in paragraph 1 may not be prosecuted as a criminal offence if the use of disciplinary action (Paragraph 5 (1)) would not be sufficient to raise an employee, in particular in view of the way in which the action is carried out or the fact that the theft and damage of property in socialist property has already been committed several times. An offence cannot be prosecuted as a criminal offence, if it exceeds the damage of 500 Kcs.
Jurisdiction of the disciplinary authorities
(1) The head of the undertaking or other organisation of the socialist sector shall decide on the disciplinary offence, in the case of a staff member authorised by it or a disciplinary authority, if established under the applicable rules (hereinafter referred to as the "disciplinary authority").
(2) The competent minister (head of the Central Authority), after the competent council of the Regional National Committee, may determine in which undertakings or other organisations of the Socialist sector not to be prosecuted under this law. The act referred to in Paragraph 1 (1) shall be prosecuted as an offence in such cases.
Submission
(1) If the act referred to in Paragraph 1 (1) cannot be prosecuted as a criminal offence, the disciplinary authority shall refer the matter to the competent executive body of the national committee for prosecution of the offence.
(2) The disciplinary body shall also refer the matter to the Executive Authority of the National Committee if:
(a) if the staff member was unmarried before the disciplinary authority had decided the matter; or
(b) where the disciplinary authority is unable to clarify the matter properly, in particular with regard to the employee's guilt.
(3) Where the management authority of the national committee returns the matter referred to in paragraph 1, the disciplinary authority shall continue the proceedings.
(1) If the disciplinary authority considers it a criminal offence, it shall refer the case to the prosecutor. That is also what they will do if the prosecutor orders it.
(2) If the prosecutor returns the case referred to in paragraph 1, the disciplinary authority shall continue the proceedings.
Disciplinary measures
(2) The scale of the disciplinary (disciplinary) measure shall take into account, in particular, the manner in which the action is carried out and the consequences of the action and the proportion and person of the staff member and whether and to what extent it has replaced the damage caused.
Proceedings before a disciplinary authority
Before the decision to impose a disciplinary measure, the staff member must be heard and the case discussed with the competition committee of the trade union. If necessary, the disciplinary authority shall also carry out other investigations necessary to clarify the case, in particular to examine the employee's defence.
(1) In the absence of a staff member, a hearing may be held before a disciplinary body only if the staff member unreasonably refuses to attend.
(2) At the end of the hearing, the disciplinary authority shall, as a general rule, immediately declare its decision to the staff member present; a copy of the decision shall be delivered only if the staff member so requests. A copy of the decision shall also be forwarded to the staff member when the hearing was held in his absence.
(3) The disciplinary authority is obliged to instruct the staff member, at the time of the decision and in his copy, on the right referred to in Article 8.
(4) A brief minutes shall be drawn up of the proceedings before the disciplinary authority, including the decision of the disciplinary authority; a copy of the minutes shall be sent to the race committee of the trade union organisation.
(1) The staff member has the right to declare in writing that he does not agree with the decision of the disciplinary body which imposed a disciplinary (disciplinary) measure. Such a declaration shall be made within 3 days of the date of the publication of the decision and, if the staff member has not been present, within 3 days of the date of receipt of the copy of the decision, by the disciplinary authority.
(2) The decision of the disciplinary authority will cease to be effective at the time of the declaration. The disciplinary body shall refer the matter to the executive body of the national committee, which shall then decide on the action in accordance with the general rules on infringements.
Limitation of disciplinary action
The criminal offence can be prosecuted by the law within 1 year of its commission.
Preventing double punishment
(1) No disciplinary action shall be taken by the disciplinary authority if the action has already been taken by a court or other state body.
(2) If the disciplinary authority has decided, the court or other public authority may not bring proceedings for the same act unless it is an act which is not for the disciplinary authority to decide.
Enforcement of public reprimand
The public reprimand [§ 5 (1) (b) and (c)] shall be made by putting up or otherwise declaring the decision imposing it at the workplace.
Enforcement of fines
(1) A fine imposed pursuant to Paragraph 5 (1) (c) shall be enforced by the accounting office of the employer on the basis of a final decision imposing a fine by a deduction of up to 25% of its amount. However, haircuts, including haircuts with a previous order, shall not be more than those permitted by the general rules on wage execution. The fine may also be enforced by judicial execution.
(2) The fine recovered falls to the State.
Preservation of disciplinary action against members of cooperatives
If the cooperative so decides in the manner prescribed for the adoption of the statutes, the cooperative authorities shall be entitled to prosecute the criminal offence (Paragraph 1 (1)) committed against the assets of the cooperative by its members. In doing so, the provisions of this law shall be applied mutatis mutandis.
Final provisions
The Minister of Justice may, in agreement with the Minister of the Interior, provide details for the implementation of this Act.
This Act shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Bukal v. r.
Dvořák v. r.
Dr Kahuda v. r.
General Colonel Lomská v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 24 / 1957 Coll., on the Curious (Disciplinary) prosecution of the theft and damage of property in socialist property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.1957 |
|---|---|
| Effective from | 10.05.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0