Act No. 36 / 1957 Coll.
Law on the election of judges and judges from the people of the People's and Regional Courts and on the modification of some of their circumstances
Valid
Effective from 29.07.1957
36
Law
of 4 July 1957
concerning the elections of judges and judges of the people of the People's and Regional Courts and the adjustment of some of their circumstances.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Election of judges and judges from folk and regional courts
Options for choice
(1) Any citizen of the Czechoslovak Republic who is committed to the popular democratic establishment can be elected judge of the People's or Regional Court, has the right to vote in national committees, has the necessary expertise and has reached the age of 23 on the day of the election.
(2) Any citizen of the Czechoslovak Republic who is committed to the popular democratic establishment may be elected judge of the people of the People's or the Regional Court, is civil and has the right to vote in national committees and has reached the age of 23 on the day of the election.
Election authority and term of office
(1) The Judge and the Judge of the People's Court shall, on a proposal from the Council, elect a national district committee for a period of three years.
(2) The Judge and the Judge of the People of the Regional Court shall elect the Regional National Committee on a proposal from the Council for a period of three years.
Selection time
The time at which the election of judges and judges from the people is to be made shall be determined by the Government.
Number of Judges and Judges of the People
(1) The number of judges to be elected for individual folk and regional courts shall be determined by the Minister of Justice.
(2) For each Chamber of the People's Court, 50 to 60 judges from the people must be chosen.
(3) The number of judges from the people to be elected for the Regional Court shall be determined by the President of the Regional Court.
(1) If the district of the People's Court refers to the territorial perimeter of several regional national committees, each of the participating national committees shall elect only the number of judges appointed by the President of the Regional Court of the total number of judges for that People's Court; Article 4 (2) shall apply to determine the number of judges from the people to be elected by each participating national committee.
(2) Where the district court district is concerned in the territory of several regional national committees, each of the participating national committees shall elect only the number of judges appointed by the Minister of Justice of the total number of judges for that regional court and the number of judges from the people appointed by the President of the regional court of the total number of judges for that regional court.
Promise
(1) The judges and judges of the people are competent to perform the judicial function if, after their election, they carry out the following promise: "I promise to be faithful to the people and to the Republic and to its democratic constitution, to maintain the laws and regulations and to interpret them in the spirit of the constitution and principles of the people's democratic establishment, that I will act conscientiously and fairly according to my best conviction and always to the principles of socialist legality, and that I will remain strictly silent in official matters."
(2) The promises shall be made by the Judges and Judges of the People in the hands of the President of the National Committee who elected them.
Delegation of functions
(1) The President of the People's and Regional Courts and their Deputy Judges shall be appointed by the Minister of Justice of the Judges elected to the competent court.
(2) The Judge-elect in the District of the Regional Court shall be entrusted with individual judicial functions by his President.
Temporary profession to a higher court
The Judge of the People's Court or of the District Court may be called upon by the Minister of Justice for a period not exceeding three months to perform the judicial function in the court of the higher judgment.
Representation
(1) If a judge of a People's or Regional Court cannot serve temporarily, he may be represented by another judge of the same or higher court. Measures in this respect shall be taken by its President in the District Court.
(2) Paragraph 1 shall apply mutatis mutandis even if the Judge has ceased to serve until a new Judge is elected (Paragraph 13 (3)).
Discharge and loss of office
(1) The Judge and the Judge of the People shall withdraw from office the national committee which elected them if they grossly infringe their duties. They shall also be withdrawn if they have lost their capacity to be elected or if they have lost their physical capacity to perform the function. They shall be deprived of their duties on the date on which they received the decision of the National Committee to withdraw from office.
(2) The judges and judges of the people shall also cease their duties on the date of the legal authority of the judgment to which the prison sentence was imposed, or the day on which they refused to take the oath.
(1) Before a decision to withdraw from office, the national committee which has chosen the judge or the judge of the people shall request the opinion of the Minister of Justice and shall also invite the judge or the judge of the people whose appeal is sought to comment.
(2) The Minister of Justice may order the Presidents of the Regional Courts to submit the observations referred to in paragraph 1 in its place.
Surrender
(1) A judge or a judge of the people may, for important reasons, resign. The national committee which has chosen the judge or judge of the people shall decide whether the resignation of the office is to be accepted.
(2) Before a decision is taken, the authority referred to in paragraph 1 shall request the opinion of:
(a) the Minister of Justice, if it is the President of the People's and Regional Courts,
(b) the President of the Regional Court, if the judge and the judge of the people go to the Regional Court and the judge at the People's Courts in the District of the Regional Court;
(c) the President of the People's Court, if he is a judge of the People's Court.
Supplementary choice
(1) If, for the reasons set out in Sections 10 and 12, the Judge ceased to hold office or died, a new Judge shall be elected; If several judges from the people have ceased to serve, new judges from the people shall be elected only if the number of judges from the people has diminished so that the court cannot perform its duties properly without the choice of new judges from the people.
(2) If, before the expiry of the period to which he was elected, he has ceased to serve as a judge or a judge of the people in a court whose jurisdiction covers the territory of several regional or regional national committees (§ 5), the new judge or judge of the people shall be elected by the national committee elected by the judge or judge of the people whose duties have ceased. The provisions of paragraph 1 shall be applied mutatis mutandis.
(3) The elections referred to in paragraphs 1 and 2 shall be held only for the remainder of the term of office, not later than 60 days after the Judges or Judges of the people have ceased to hold office.
Arrangements for certain situations of judges and judges of the people of the People's and Regional Courts
Basic obligations
(1) Judges and judges of the people of the People's and Regional Courts are required to uphold the laws and regulations, interpret them in the spirit of the Constitution and the principles of the People's Democratic Constitution and to act fairly; they are also obliged to acquaint citizens with the rule of law. In order to be able to educate citizens, they are also required to acquaint them with suitable cases in public court. If the judge has doubts as to the suitability of these cases, he shall seek the consent of the President of the Court. Otherwise, judges and judges of the people shall be obliged to remain silent in official matters, even after the end of their term of office, unless they are legally obliged to disclose such matters or to be exempt from confidentiality by the President of the Court, and if they go to the President of the Court, the President of the Court of First Instance shall have a higher seat.
(2) Judges and judges of the people of the People's and Regional Courts are required to perform their duties conscientiously and to avoid, both in the performance of their duties and in the civil life, anything that could reduce confidence in the judicial activities or the seriousness of the function they perform.
Reporting on activities
Judges shall report regularly to the national committees which elected them.
Status of Judges
(1) Judges of the People's and Regional Courts are elected officials. They shall be entitled to a functional salary graduated according to the size, responsibilities and importance of the function; the details shall be determined by the government or the authority empowered by it.
(2) For judges of the People's and Regional Courts, the rules applicable to staff of the State apparatus, in particular as regards their sickness insurance and pension insurance, the right to leave, working time, absence at work, their further obligations and reimbursement of travel, removal and other expenses, unless otherwise provided for by this law.
(3) The elected judges shall be kept in their employment; However, they shall have unpaid leave from the date of taking up their duties.
Judges of the People
(1) The judges of the people cannot be reduced to their sickness insurance and pension insurance claims by the performance of their duties.
(2) An accident suffered by a judge of the people in the performance of his duties shall always be regarded as an accident at work.
(3) The details will be governed by implementing regulations under the Staff Health Insurance Act and the Social Security Act.
Staff leave to serve as judge of the people
Employers shall be obliged to provide the judges of the people with unpaid leave to perform their duties.
Criminal prosecution
(1) The prosecution of judges of the People's and Regional Criminal Courts may be initiated only with the consent of the Prosecutor General; The same applies to their prosecution for criminal offences.
(2) The provisions of paragraph 1 shall also apply to the prosecution of judges of the people for an act committed in the exercise or in connection with the performance of the duties of judge of the people.
Temporary dismissal of a Judge
(1) The Judge in respect of whom an appeal has been filed (§ 10) or who is prosecuted (§ 19) may be relieved until the end of the appeal proceedings or the end of the criminal proceedings.
(2) The release of office shall be ordered by the Minister of Justice, if the Judge is prosecuted, on a proposal from the Prosecutor General; the discharge of the duties of the Minister of Justice shall be notified to the authority which elected the Judge.
Discontinuation of the duties of the Judge of the People
The Judge of the people in respect of whom an appeal has been filed or who is prosecuted shall not be called until the end of the appeal proceedings or the end of the criminal proceedings.
Final, transitional and repeal provisions
Until new elections have been made, the judges and judges of the people shall be required to hold office after the period for which they were elected, until the post of newly elected judges and judges of the people takes office.
(1) Judges who have been appointed to their posts in accordance with the current rules shall continue to perform their duties until the date on which they take up their duties, elected Judges.
(2) The provisions of paragraph 1 shall also apply to judges of the people called upon to perform the judicial function in accordance with existing rules.
(1) Judges of the People's and Regional Courts, provisions under the current rules, shall become administrative staff in the field of the Ministry of Justice on the day on which they take up their duties as judges elected.
(2) The Minister of Justice shall take measures to ensure that the administrative staff referred to in paragraph 1 who have not been elected judges are assigned to the places appropriate to their capacity.
(1) All provisions governing matters covered by this law shall be repealed; in particular, shall be deleted, but only where they apply to judges, after the case of judges of the people of the People's and Regional Courts:
1. Act No. 67 / 1950 Coll., on the working and pay ratios of professional judges, prosecutors and judicial candidates (Judicial Act), with the exception of the provisions of § § 17 to 22;
2. the provisions of Sections 1 to 4 and 7 of the legal measure of the Bureau of the National Assembly No 59 / 1955 Coll., on the pay ratios of judges, prosecutors and legal candidates (the Rules of Procedure) as amended by the legal measure of the Bureau of the National Assembly No 60 / 1956 Coll.;
3. § § 10 to 15, 17 and 18 of Act No. 319 / 1948 Coll., on the depopulation of the judiciary;
4. provision § 29, 34 to 36 of Act No. 66 / 1952 Coll., on the organisation of courts, as amended by Act No. 66 / 1956 Coll., amending and supplementing the Law on the organisation of courts.
(2) However, the provisions referred to in paragraph 1 shall apply to the Judges and Judges of the people of the People's and Regional Courts established, in the case of which they are called in accordance with the existing provisions, until the date on which they take their place as elected Judges and Judges of the People.
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.
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Regulation Information
| Citation | Act No. 36 / 1957 Coll., on the Election of Judges and Judges of the People's and Regional Courts and on the modification of certain of their circumstances |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.1957 |
|---|---|
| Effective from | 29.07.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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