Act No. 270 / 1948 Coll.
Law on the oath of judges
Valid
Effective from 18.12.1948
270.
Law
of 1 December 1948
the oath of the Judges.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The Judges' Waivers (Section 37 of the Salary Law) shall, when the service is started, take the following oath:
"I swear by my honor and conscience that I will be faithful to the Czechoslovak Republic, its popular democratic establishment, its President and its Government, that I will uphold the laws and regulations of the Czechoslovak Republic, that I will fulfil my duties diligently, conscientiously and impartially, in particular that I will obey the service orders of the Presents and that I will strictly keep the official secrets and, in all my actions, I will always have only the interests of the service and benefit of the Republic and its people.
I swear. "
(2) Legal practitioners (Article 16 of the Law on Judicial Organisation) shall, when entering into judicial practice, take the oath referred to in paragraph 1. They do not repeat an oath on the provision of a judge's expectation.
(1) The professional Judges and Judges of the People shall, when they take office, take the following oath:
"I swear by my honour and conscience that I will be faithful to the Czechoslovak Republic, its popular democratic establishment, its President and its Government, that I will be bound only by the rule of law of popular democracy, that I will observe the laws and regulations of the Czechoslovak Republic and interpret them in the spirit of the Constitution and the principles of the popular democratic establishment, that I will decide impartially and according to my best conviction that I will not be averted by anything from the diligent and conscientious fulfilment of the duties of the judicial office and that I will strictly preserve the official secrecy and, in all my actions, will always be made clear only to the benefit of the Republic and its people.
I swear. "
(2) A professional judge who has carried out an oath pursuant to paragraph 1 and has since been serving as a judge continuously shall not repeat it at the time of taking office in another court.
(1) The oath referred to in Article 1 or Article 2 shall be carried out in the hands of the party (s) of the court (s) in which the sworn authority has its place of office, by repeating the oath which has been read and confirming it by hand. If an oath is to be carried out by a newly appointed judge, who has also been appointed by a preferred court, he shall do so in the hands of the superior court (s) of the court (s) and, failing that, in the hands of a member of the government in whose field the office is situated.
(2) Once the oath has been carried out, the oath shall be signed in writing.
(1) The oath provided for in Article 2 shall also be carried out by judges who, on the date of the entry into force of this Law, are already acting by the judicial office within two months of the date of the entry into force of this Act.
(2) The oath referred to in the preceding paragraph shall be carried out by signing, within the time limit laid down in paragraph 1, the written text of the oath with which it has been given and by submitting it to the court (s) seised by the President (s). If the Sentinel himself is the preferred (President) of the Court, he shall submit the signed written text of the oath to the President of the superior court (s) and, failing that, to the member of the Government in whose field the judicial office is held.
(3) The professional Judges who, on the date of the entry into force of this law, are assigned to an administrative service at judicial or other offices shall not take an oath until the service has been restarted in court, in accordance with the procedure laid down in Section 3.
(4) The provisions of paragraphs 1 and 2 do not apply to judges of the people, established pursuant to Article 5 of the Law of 6 October 1948, No 232 Coll., on the State Court, in the State Court or in the Supreme Court, who have already taken an oath under Article 9 of that Law.
(5) For a professional judge who does not carry out an oath under paragraph 1 without an apology within the prescribed period or who refuses to carry out an oath under paragraph 3, the service shall be cancelled. At the date of the termination of service, the public administration shall, as a former judge, issue the appropriate amount under the rules on transfers in public pension insurance (provision). Otherwise, all duties, rights and obligations of service shall cease to exist for the former Judge and his family members.
(6) A judge of a people who does not, without an apology, take the oath referred to in paragraph 1 within the prescribed time limit shall be deemed to have surrendered to the judicial office.
(1) The provisions of this Law do not apply to judges before military courts.
(2) Paragraph 39 of the Law of 10 December 1946, No 232 Coll., on jury courts, remains unaffected.
The validity of the existing rules on the oath (s) of judicial candidates, legal practitioners, professional judges and judges of the people shall be revoked if they are contrary to this law. In particular, the Law of 2 December 1919, No 13 Coll. of 1920 amending the provisions on the service oath of legal practitioners, auskultants, court notaries, judges and lawyers, and the provisions No 2 and 3 of the provisions on the delegation of the Slovak National Justice Council of 13 September 1944, No 11, on the service oath of judges and civil servants of the Department of Justice, public notaries and lawyers.
This Act shall take effect on the day of its publication; It shall be implemented by the Prime Minister and by the Ministers of Justice, Finance and Industry.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Dolansky v. r.
Dr Cap v. r.
Kliment v. r.
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Regulation Information
| Citation | Act No. 270 / 1948 Coll., on the oath of Judges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1948 |
|---|---|
| Effective from | 18.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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