Act No. 37 / 1957 Coll.
Law on the disciplinary liability of judges of the People's and Regional Courts
Valid
Effective from 29.07.1957
37
Law
of 4 July 1957
on the disciplinary responsibility of the judges of the People's and Regional Courts.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
The responsible tasks of the courts require judges to be a model of civil integrity and commitment to the popular democratic establishment. Infringement of labour discipline, defects in judicial work and the conduct of an undignified judge undermine the authority of the courts, based on the trust of the citizen, harms the interests of the state and may also harm citizens' rights. It is therefore necessary to establish the disciplinary responsibility of the Judges.
General provisions
Charity
(1) Judges of the People's and Regional Courts ("the Judges") may be prosecuted for:
(a) infringements of labour discipline;
(b) serious defects in judicial work caused intentionally or by their gross negligence;
(c) the conduct of an undignified judge.
(2) There shall be no disciplinary action for a minor offence. However, such a minor offence shall be charged to the judge by the President of the Court; If it is the President of the People's Court, the President of the Regional Court will do so, if it is the President of the Regional Court, the Minister of Justice will do so.
(3) Judges cannot be prosecuted for their own decisions.
Penalties
The punishments are:
(a) an admonition;
(b) reprimand,
(c) strict reprimand.
Pricing Chambers
(1) The courts of the county and the Supreme Court shall have disciplinary action.
(2) The Boards of Appeal of the Regional Courts shall consist of the President of the Court or his representative and two Judges of that Court.
(3) The Board of Appeal at the Supreme Court consists of the President of the Court or his representative and two Judges of that Court.
(4) The number of members required to fill the Board of Appeal shall be determined for the whole year by the President of the Tribunal with which the Board of Appeal is set up; for each meeting, the President of the Court shall draw up a disciplinary panel from among the members so designated.
(5) Members of the Board of Appeal shall act independently and shall be bound only by the law.
Jurisdiction of the Boards of Appeal
(1) The disciplinary action against the judges of the People's Court is carried out by the disciplinary committee set up in the Regional Court.
(2) The disciplinary action against the judges of the Regional Court is carried out by the disciplinary panel set up in the Supreme Court.
Opening of disciplinary proceedings
Proposal
The disciplinary procedure shall be initiated by a resolution of the Board of Appeal on a proposal from the Parties.
(a) the Minister of Justice against any judge before folk or regional courts;
(b) the President of the Regional Court against any Judge in that court or in the People's Courts in its district;
(c) the President of the People's Court against any judge in that court.
Deadline for submission of the application
The application for the opening of disciplinary proceedings shall be lodged no later than one month after the date on which the person entitled to file the application for disciplinary action was informed by the judge; However, a proposal may not be made if six months have elapsed since the day of the act of disciplinary action.
Preparatory management
(1) The Chairman of the Board of Appeal shall arrange for the grounds for which the Judge is to be prosecuted. A written observations shall be requested from the Judge against whom the application for disciplinary action is directed. If necessary, the witnesses shall be heard and other evidence shall be carried out. Persons summoned by the Board of Appeal to witness are required to attend.
(2) On the basis of the results of this preparatory procedure, the Board of Appeal shall decide by means of a resolution on the proposal. The order initiating the disciplinary procedure, after the order not initiating the disciplinary procedure, shall be forwarded to the court against which the disciplinary procedure was proposed, to the authority which proposed the opening of the disciplinary procedure and, if the opening of the disciplinary procedure was not proposed by the Minister of Justice [§ 6 (a)], to the Ministry of Justice.
Cease of disciplinary action
(1) The disciplinary procedure shall be suspended by order of the Chamber of Appeal,
(a) where criminal proceedings or criminal proceedings have been instituted against a judge for the same offence,
(b) where an application for appeal has been lodged.
(2) The order for suspension of disciplinary action shall be served on the judge against whom the disciplinary action has been initiated, the authority which proposed the opening of disciplinary action, and, if the opening of disciplinary action has not been proposed by the Minister of Justice [§ 6 (a)], the Ministry of Justice.
(3) The suspension of disciplinary proceedings shall be continued only if no penalty has been imposed in any of the proceedings referred to in paragraph 1 (a), or if the judge has not been dismissed; otherwise, by order of the Board of Appeal, the disciplinary proceedings shall cease. The provisions of paragraph 2 shall apply mutatis mutandis to the service of this order.
Withdrawal of the proposal
If the motion to initiate disciplinary proceedings has been withdrawn, the disciplinary proceedings shall be terminated by order of the President of the Board of Appeal; the Judge against whom the application was directed shall be informed thereof and, if the President of the Court of Justice, also the Ministry of Justice submitted the application for disciplinary action.
Proceedings before the Board of Appeal
Call and Alert of Participants
(1) The President of the Board of Appeal shall call upon the Judge against whom the disciplinary proceedings have been opened before the Board of Appeal and inform him that he has the opportunity to consult the results of the preliminary hearing. At the same time, he shall inform him of the composition of the Board of Appeal, of the right to refuse the members of the Board of Appeal and of the right to elect a lawyer from among the Judges.
(2) The President of the Board of Appeal shall also inform the institution which proposed the opening of the disciplinary proceedings of the conduct set before the Board of Appeal, unless, as President of the Court, he has submitted an application pursuant to Paragraph 6.
(3) The summons shall be served on the Judge at least eight days before the hearing of the Board of Appeal.
(4) The Chairman of the Board of Appeal shall also request from the race committee the basic organisation of the Revolutionary Trade Union Movement at the workplace of the accused judge a statement on the matter to be discussed.
Refusal of members of the Senate
(1) The Judge against whom disciplinary action has been opened may, for serious reasons, refuse any member of the Board of Appeal at the latest before the beginning of the deliberations of the Board of Appeal.
(2) The reasons for the refusal shall be decided by the Board of Appeal without the participation of the member rejected, in which place the President of the Court shall be called or, if rejected, by his representative, another judge, who shall be designated as a member of the Board of Appeal. If, in view of the refusal of judges to discuss the case by the court of the county court, the censure of the court of the county court is unable to discuss it, it shall discuss it and decide by the censure of the Supreme Court, or shall be appointed by the chairperson of another court of the county court to discuss the matter and decide.
The conduct of negotiations before the Board of Appeal
(1) At the beginning of the proceedings before the Board of Appeal, a member of the Board shall submit an application for disciplinary action and a resolution of the Board of Appeal and report on the state of the case, in particular on the results of the preliminary proceedings (Section 8). The Judge against whom disciplinary action has been opened shall then be heard and the word shall be given to the lawyer chosen by the Judge. The authority which has proposed the opening of disciplinary proceedings or its representative shall have the right to comment at any time on the matter. The evidence shall be carried out as necessary.
(2) After the final meeting, the President shall declare the findings of the Board of Appeal with substantial reasons.
(3) A record shall be drawn up by the recorder on the agenda.
Service of decisions
A copy of the findings of the Board of Appeal shall be served on the Judge against whom the disciplinary proceedings have been brought and on the authority which brought the application to initiate the disciplinary proceedings; If the President of the Court has submitted a motion to open disciplinary proceedings, a copy of the findings of the Board of Appeal shall also be sent to the Ministry of Justice.
Appeals
(1) The court may appeal to the Board of Appeal before the Supreme Court within 15 days of the date of service of the finding against the finding of the Board of Appeal set up in the Regional Court, against the finding of the Board of Appeal, against which disciplinary action has been brought, and against the authority which has brought the action to initiate the disciplinary action; otherwise there is no appeal against the order of the court of the county.
(2) The appeal must be justified.
(3) Paragraph 11 to 14 shall apply mutatis mutandis to the appeal proceedings.
(4) There is no appeal against the finding and order of the Senate of the Supreme Court.
Common provisions
Other measures of the Senate
(1) If the Board of Appeal, in disciplinary proceedings, considers that the penalty which can be imposed in disciplinary proceedings would be insufficient or that, in view of the wrongdoing for which disciplinary proceedings have been opened, the judge is not to be regarded as having been brought against its office, it shall bring the matter before the Minister of Justice to examine whether an application for the removal of the Judge from office should be made.
(2) If the Board of Appeal finds, in the hearing of the Judge, the nature of the offence, it shall inform the Prosecutor General; it shall report to the Minister of Justice at the same time.
(3) If the Board of Appeal finds an offence in the hearing, it shall make the appropriate notification.
(4) In the cases referred to in paragraphs 1 to 3, the Board of Appeal shall suspend the proceedings by a resolution; Paragraph 9 (2) and (3) shall apply.
Preventing double punishment
(1) No disciplinary action shall be taken where the Judge has been dismissed or his resignation has been accepted.
(2) If a judge has been ordered to impose a final penalty in criminal proceedings, he may not be penalised for the same offence; The same applies if the judge has been penalised in criminal proceedings for the same offence.
(3) In the cases referred to in paragraphs 1 and 2, the Board of Appeal shall suspend the proceedings by a resolution. The order terminating the disciplinary proceedings shall be served on the judge against whom the disciplinary proceedings have been initiated, the authority which proposed the opening of the disciplinary proceedings and, if the Minister of Justice has not proposed the initiation of disciplinary proceedings, the Ministry of Justice.
Enforcement
(1) The penalty imposed by law shall be carried out by the President of the Court of Justice, with whom the sentenced judge acts in the courts; If the President of the Court is present, the sentence shall be imposed by the President of the Court of First Instance on a higher seat.
(2) The disciplinary penalty shall be carried out by the delivery of a written measure into the hands of a reprimanded judge.
Extermination of disciplinary punishment
One year after the legal power of the last decision on disciplinary punishment, he looks at the judge as if he had not been punished by the law.
Transitional and final provisions
Scope
The provisions of this law also apply to the continuation of proceedings in cases pending.
Repeal
(1) As regards the judges of the People's and Regional Courts, the provisions of § 17 to 22 of Act No. 67 / 1950 Coll., on the employment and pay ratios of the judges of the profession, prosecutors and judicial candidates (judicial law) cease to apply.
(2) However, in disciplinary proceedings against judges established under the current rules, until the date on which they take their place as judges elected, the current provisions on disciplinary proceedings shall apply.
This Act shall take effect on the day of its publication; to be carried out by the Minister for Justice.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dr Skoda v. r.
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Regulation Information
| Citation | Act No. 37 / 1957 Coll., on the disciplinary liability of judges of the People's and Regional Courts |
|---|---|
| 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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