Act No. 321 / 1948 Coll.
Law on the Corps of Uniformed Prison Guard
Valid
Effective from 31.12.1948
321.
Law
of 22 December 1948
about the Uniformed Prison Guard Corps.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Organisational provisions.
(1) A Public Armed and Unified Prison Guard Corps (JRC) is hereby established. It shall apply to the whole territory of the State.
(2) The tasks of the JRC are administrative and surveillance services in the exercise of judicial and other custody, carried out in prison institutions, and ensuring security and order in judicial buildings and parts of buildings used by the judicial administration. The Minister of Justice shall issue a more detailed provision.
(3) The provisions of paragraph 2 shall be without prejudice to the competence of other authorities and bodies with regard to national security care.
(1) The JRC shall consist of members of the current JRC if they are transferred by the Minister of Justice to the Choir established under this Act.
(2) The JRC is supplemented by voluntary tenderers who are first recruited for an examination (§ 5 (1)). A member of the JRC may be admitted for examination only by:
a) is a Czechoslovak state citizen, he is stateably reliable, he is committed to the popular democratic establishment and civil integrity,
(b) is eligible for the service;
(c) has exceeded 21 and has not reached 30 years of age;
(d) has military training, as prescribed by the service.
(3) The Ministry of Justice may waive the condition set out in paragraph 2 (c). The condition referred to in paragraph 2 (d) shall not apply to women.
(1) A member of the JRC shall be dismissed:
1. if it is subsequently shown that it does not comply with the conditions laid down in Paragraph 2 (2) (a),
2. if it appears for test services (§ 5 (1)) that it is not eligible for or becomes incapacitated by the body, without having acquired a right to payment,
3. if the court has also recognised a loss of rank in the judgment,
4. if his release has been made in the proceedings of the court of the court,
5. Requests for release; before the end of the four-year mandatory service (§ 5 (2)), the request may be granted only if there are serious reasons for doing so.
(2) The existing public pension arrangements of a JRC member who has been released do not give rise to any other obligations and to the redundancy of the JRC member other than those provided for by the provisions of the Act of 15 April 1948, No 99 Coll., on national insurance relating to transfers from national insurance to public pension provision, and vice versa, with the exception that the day of transfer to national insurance is already considered to be the date of disengagement of the member of the JRC.
(1) The JRC shall consist of officials of the JRC, gayists outside the service classes (hereinafter referred to as GJS) and waiting members of the JRC.
(2) The Staff categories of JRC officials and the scale of the JRC gayists, as well as the official titles of members of the JRC, shall be determined by a regulation.
(3) The JRC officials are complemented by the particularly reliable and popular democratic establishment of dedicated Czechoslovak state citizens who have the capacity to serve as an JRC official. A more detailed provision will be made by the Ministry of Justice.
(1) Each member of the JRC must serve 2 years for the examination and have a professional examination at that time. If it is not carried out in time, the trial period shall be extended by the period by which the test was later carried out. The scope, method and other conditions of the examination shall be determined by the Ministry of Justice.
(2) Each member of the JRC shall undertake a four-year mandatory service upon entry. This service shall include the trial period (paragraph 1).
(1) Members of the JRC shall be subordinate to their commanders and together with them to the Minister of Justice.
(2) The Ministry of Justice will issue rules of organisation and service for the JRC and, in agreement with the Ministry of National Defence, regulations on how members of the JRC are to be equipped and armed.
In view of the tasks referred to in Paragraph 1 (2), members of the JRC shall have the character of military persons; are subject to the same courts and are subject to the same criminal law as for military persons. The Staff Regulations shall apply to members of the JRC, which shall be issued by the Minister of Justice according to the terms of the Military Staff Regulations. Pending the issue of special rules on disciplinary action for members of the JRC, the provisions on military, disciplinary and disciplinary law shall apply mutatis mutandis, as well as the withdrawal of military rank and transfer to service by administrative management.
Members of the JRC shall have the legal rights of the guards of the members of the National Security Corps; the provisions on the use of the weapon by members of the JRC apply mutatis mutandis to members of the National Security Corps.
Provisions on salary ratios of members of the JRC.
Until the new legal arrangements for the service and rest (provision) salaries of members of the JRC and their survivors have been implemented, the existing rules shall apply mutatis mutandis.
Transitional and final provisions.
Criminal matters which, on the date of the entry into force of this Act, are brought before civil courts against persons who are subject to military criminal jurisdiction under this Act and which are not yet completed in the first chair shall be referred to the courts referred to in Section 7.
(1) The provisions which contravene this law or which have been replaced by it, in particular the Decree of the President of the Republic of 1 October 1945, No 94 Coll., on the modification of certain issues of organisation and of the service and pay conditions of the College of Uniformed Prison Guard, are hereby repealed.
(2) The provisions issued on the basis of Decree No 94 / 1945 Coll. remain unaffected if they do not contravene this law and until they are replaced by the provisions issued under that law.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 321 / 1948 Coll., on the Corps of Uniformed Prison Guards |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1948 |
|---|---|
| Effective from | 31.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0