Act No. 38 / 1961 Coll.
Law on Local People's Courts
Valid
Effective from 01.07.1961
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38
THE LAW
of 18 April 1961
on local folk courts
The development of an advanced socialist society is reflected in the further deepening of socialist democracy and the development of a socialist statehood, which is inseparably linked to the expanding participation of workers in government management and the management of the national economy, the consolidation of socialist legality and the upbringing of citizens to conscious respect for the rules of socialist coexistence and the rule of law of socialist society.
The new, socialist constitution, therefore, enshrined - as an important part of the measures aimed at increasing active participation of the judiciary workers - in the system of Czechoslovak courts in local popular courts. These courts, as workers' bodies, are to discuss less serious cases of violations of the rule of law and minor disputes between citizens in municipalities and workplaces. This is intended to contribute to consolidating socialist legality and to ensuring social order and the rules of socialist coexistence.
The National Assembly of the Czechoslovak Socialist Republic has therefore decided on this law:
Tasks of local folk courts and the main principles of their activities
(1) Local People's Courts are a member of the single system of Czechoslovak socialist justice. As the authorities working in municipalities and workplaces, they discuss and decide less serious cases of breaches of socialist lawfulness, which, in particular, undermine social order and the coexistence of citizens, and minor property disputes.
(2) All their activities educate citizens to respect the socialist rule of law, to respect for their work, to protect socialist property, to protect the personality and rights of citizens, and to have an irreconcilable attitude towards any conduct which causes damage to society and is incompatible with the obligations of a citizen of a socialist state.
(1) Local people's courts cooperate with all the institutions and organisations that provide for the education of citizens to respect the socialist rule of law, in particular the national committees, the Revolutionary Trade Union, the Czechoslovak Youth Union and the management of businesses and establishments, but do not replace their educational activities. Cases of violation of the socialist rule of law are dealt with in principle only if, in view of the gravity of the case, it is not sufficient to remedy the guilty citizen's educational activities of these institutions and organisations.
(2) Local people's courts initiate the removal of shortcomings which they have identified in the activities of institutions and organisations and which have enabled or facilitated violations of the socialist rule of law.
National committees and other national authorities are obliged to provide local folk courts with consistent and versatile assistance and support. Local folk courts may refer to national committees, security authorities, district courts and other national authorities with a request for questioning witnesses or for any other examination of the facts relevant to the decision if they would be in serious difficulty to examine them.
Regional courts assist local folk courts in carrying out their duties. They shall supervise their activities by deciding on appeals brought against decisions of local folk courts.
The judges of local folk courts are independent in the performance of their duties and are bound only by the law of the socialist state. They are obliged to abide by laws and other laws and to interpret them in accordance with the socialist legal conscience.
(1) Local folk courts are elected.
(2) The judges of local folk courts are responsible for their activities to the working people. They shall report regularly to their constituents and national committees on their activities.
(3) The function of judge of the local People's Court is an honorary function. An undertaking, cooperative or other organisation in which a local court judge works shall be required to allow it to exercise its duties as a judge. The performance of the duties of a local folk court judge shall not lead to any damage to the earnings of the worker, nor to any reduction in the rights and entitlements arising from the employment relationship.
Negotiations before local folk courts are essentially oral and public. Their judgments or decisions (hereinafter referred to as "the Decision ') shall be declared on behalf of the Republic.
Establishment and organisation of local folk courts
(1) Local folk courts are established in municipalities and workplaces.
(2) The establishment of a local folk court is decided by the District National Committee. The proposal to establish it shall be made by the local national committee or the basic organization of the Revolutionary Trade Union Movement.
(3) The number of judges of the local People's Court shall be determined by the District National Committee after consultation with the local National Committee or the basic organisation of the Revolutionary Trade Union Movement.
(1) The judges of the local People's Courts are elected for two years by public ballot at the assembly of citizens on a proposal from the local national committee or the basic organization of the Revolutionary Trade Union Movement. Citizens who have completed 18 years of age have the right to vote. He is elected who has obtained an absolute majority of the votes of the citizens present at the assembly.
(2) A citizen who has reached the age of 21 who enjoys universal seriousness and trust among citizens and who is an example in work, public activity and personal life may be elected judge of the local folk court.
(3) The judges of the local People's Court shall elect the President of the local People's Court and his representative from among their number.
(4) If a local court judge fails to fulfil his judicial duties or loses the trust of workers for another reason, he may be suspended from office before the expiry of his term of office. The appeal of a local court of the people's court of law is in a similar manner to his choice.
(5) If a local court judge cannot exercise permanent judicial function for illness or any other serious obstacle, he may be relieved of his duties. The exemption shall be decided by:
(a) if there is a judge at the local People's Court in the workplace, the basic organization of the Revolutionary Trade Union Movement,
(b) if there is a judge at the local folk court in the municipality, the local national committee.
(6) A new Judge shall be elected, if required by the proper functioning of the local folk court, for the remainder of the term of office of the Judge for a Judge who has been relieved of his duties.
The judges of local folk courts in municipalities and workplaces shall take the following oath in the hands of the chairman of the local national committee:
"I promise to be faithful to the Czechoslovak Socialist Republic and to the cause of socialism, that I will abide by the Constitution and other laws and interpret them in accordance with the socialist legal mind."
Cases pending by local folk courts
Local people's courts discuss wrongdoing and simple property disputes. They may also discuss minor offences if they have been referred to them by the prosecutor or the court.
(1) Local folk courts at the workplace discuss:
(a) the offences and offences committed by citizens working in a race where a local folk court is established;
(b) property disputes, the parties to which both the applicant and the respondent work in the establishment where the local folk court is established.
(2) Local folk courts in municipalities discuss:
(a) the offences and offences committed by citizens living in the district of the local People's Court, unless the local People's Court at the workplace is competent to discuss those offences and offences;
(b) property disputes where the respondent resides in the district of the local folk court and where the local folk court at the workplace is not competent to discuss the property dispute.
(3) The local People's Court responsible for dealing with a crime or offence may refer the case to another local People's Court, if it concludes that the local People's Court to which the case is brought can better assess the action and person of the guilty citizen and act more effectively in the educational capacity, and if that court agrees.
(1) Crimes can only be dealt with by a local folk court if they have been referred to it by a prosecutor or a court.
(2) The prosecutor or court may refer the offence to the local folk court at the request of the local folk court or on its own initiative if, after considering the social danger of the offence and the perpetrator's persons recognise that the educational power of the collective at the workplace or in the municipality is sufficient to remedy it and the measure that the local folk court may impose.
(3) A local folk court may impose only some of the measures referred to in this law on a criminal offence which has been referred to it for consideration and judgment.
(1) Only citizens who completed the 15th year of their age at the time of the crime may be held liable for crimes and crimes.
(2) The culpability of young persons who did not reach 18 years of age at the time of the act is to be dealt with only exceptionally before a local folk court. Social organisations, especially the Revolutionary Union Movement and the Czechoslovak Youth Union, take care of the rehabilitation of juvenile offenders.
Guilt
(1) The guilty act referred to in this Act (paragraphs 16 to 21), which has violated the socialist rule of law to such an extent as to jeopardise or harm the interests of society or the rights and legitimate interests of the individual, if, in view of the circumstances of the case, the person of the guilty citizen and the consequences of his conduct does not attain the degree of social danger of the offence.
(2) Local people's courts rule on culpability if, due to the seriousness of the case, it is not enough to correct the guilty citizen's educational activities of social organisations, national committees and corporate management.
(3) Local people's courts do not rule on guilt if 1 year has elapsed since the crime was committed.
(1) The offence against property in socialist property shall be committed by those who harm such property, in particular theft, fraud, fraud or by using it unjustly and arbitrarily or destroying it, unless the damage exceeds the amount of 500 CZK.
Such proceedings may not be prosecuted as a crime if the guilty citizen commits acts against property again or if his or her action is for other reasons particularly rejectable.
(2) The offence against socialist property will also be committed by who, out of negligence, testifying to an irresponsible attitude towards socialist property, will cause damage to such property not exceeding 5000 CZK.
The offence against the interests of the socialist economy will be committed to a lesser extent:
(a) misconduct a private production or other gainful activity to obtain a more permanent source of income;
(b) harm consumers, in particular, by overcharging goods or services or by framing them for the quality, quantity or weight of goods.
(1) The offence against personal property shall be committed by those who harm such property, in particular by theft, embezzlement, fraud or by wrongfully or arbitrarily using it or destroying it, unless the damage is too much in excess of 500 Kcs.
Such proceedings may not be prosecuted as a crime if the guilty citizen commits acts against property again or if his or her action is for other reasons particularly rejectable.
(2) The offence against personal property will also be committed by who, out of negligence, testifying to a reckless attitude towards personal property will cause damage to the property of fellow citizens.
The offence against socialist coexistence shall be committed:
(a) who, by improper conduct, in particular threats, offensive statements or acts, defamation, brawl, approval or any other rough conduct, interfere with the coexistence of citizens or affect their dignity and honour;
(b) who ingests alcoholic beverages, even though he knows that he or she will pursue a job or other activity in which he or she could endanger the health of his or her fellow citizens or the safety of property, or who, in such circumstances, will provide alcohol to anyone;
(c) who feeds in a manner which is in gross conflict with civil obligations.
The offence against family relations and the interests of healthy youth development shall be committed:
(a) who does not take due care of the material security of his family members, which he is obliged by law to take care of, or who fails to take care of, the proper development and upbringing of minors entrusted with his care;
(b) who allows minors to take alcoholic beverages and thereby threaten their physical or moral development.
The offence against labour discipline shall be committed:
(a) who, by violating the rules on safety and health at work, endangers a person's health or causes a person's health harm resulting in shorter work incapacity;
(b) who systematically omits working shifts or pretends to be incapacitated for no serious reason;
(c) who consistently or seriously infringes technological discipline or otherwise infringes important obligations of employment, provided that the damage caused by such acts does not exceed 5000 Ccs.
Property disputes
(1) Local folk courts may discuss and decide simple property disputes between citizens if the value of the dispute does not exceed 1000 Kčs and if the applicant so requests. If the local folk court considers that the dispute is not simple, it shall refer the matter to the district court.
(2) Other property disputes between citizens or between citizens and socialist organisations may also be discussed, on the proposal of both participants (the appellants and opponents), in order to contribute to the settlement. If the settlement is concluded, the local folk court will decide whether the settlement is approved. If they do not approve the settlement or if the settlement is not concluded, they shall not discuss the matter further and refer the parties to the district court.
(3) The local folk court can only approve a settlement which is not contrary to legislation and the general interest.
Local folk courts do not discuss labour and family law disputes.
Proceedings before local folk courts
(1) The blame is dealt with by local folk courts, on a proposal from a national committee, another state body, social organisation, race management, board of the single agricultural cooperative, citizens or on their own initiative. Property disputes are discussed only at the suggestion of citizens who claim their claims before the local folk court.
(2) Local people's courts are only supposed to discuss matters which are properly explained. Proposals for the case should therefore be duly supported by the necessary documents and, where appropriate, by witnesses who may certify the facts in the proposals.
The local folk court must determine whether it is competent to discuss the matter before it starts the hearing. If they find that the matter can be dealt with - for minor reasons - by the authorities of an undertaking, establishment or social organisation, or if they find that the matter falls within the competence of another institution, they shall refer the matter to them for consideration.
(1) The local folk court shall act in a Chamber of three.
(2) The local People's Court shall examine cases in such a way as to rule as a rule within 30 days of the application. The time and place of the case and the composition of the Chamber which shall examine the case shall be determined by the President of the local People's Court or his representative.
(3) The time and place of the meeting of the local People's Court, stating the matters to be discussed at the meeting, shall be announced in public.
(4) The meeting of the local folk court shall normally take place outside the working hours of the members of the Chamber of the local folk court and of the parties to the proceedings.
(1) The President of the Chamber responsible for discussing the case shall be informed of the content of the application, arrange for the measures of the documents and other necessary documents and, where possible, examine otherwise the facts alleged. It shall also arrange for the summons of the parties, legal representatives of the minor offenders, witnesses and other citizens, whose participation in the hearing before the local People's Court is required.
(2) The citizen whose case is to be heard must be informed of the content of the application and of the results of its examination and of the time and place of the hearing before the local People's Court. He must be given the opportunity to comment on the matter and to make proposals.
(3) Citizens who have been summoned to a local folk court are obliged to attend and provide the necessary explanations.
(1) The local folk court is essentially discussing all matters in the presence of the parties. In the absence of the parties, the case may be heard only if it refuses to appear before a local folk court or if it does not appear without a reasoned apology.
(2) Property disputes are discussed by the local folk court only if the appellant or the citizen to whom the appellant has authorised his representation is present for consideration. A representative of a party may attend a hearing before a local People's Court only if the parties are unable to appear personally for serious reasons or if they are unable to make clear their views before a local People's Court. If the applicant or his representative fails to appear for consideration without a reasoned apology, the local folk court shall refrain from further hearing.
(1) When discussing the case, the Chamber of the People's Court shall proceed in such a way that the hearing is conducted with dignity and that the actual situation is established.
(2) The proceedings shall be conducted in such a way as to give the collective present the opportunity to participate in the clarification of the case and to contribute to the assessment of the case and of the guilty citizen. Citizens present at the hearing may therefore take the floor and express their views with the agreement of the President of the Chamber.
(3) At the beginning of the hearing, the President of the Chamber or a designated member of the Chamber shall report the case and the results of the preliminary investigation. If necessary, the Board shall hear witnesses or carry out other evidence. The citizen whose case is under discussion has the right to comment on the evidence made, to propose that the evidence by which he proves his claims be carried out and to provide the explanation necessary to clarify the case properly.
(4) A report shall be drawn up on the conduct of the negotiations.
(1) Following the proper clarification of the case, the Chamber of the People's Court will take a decision. A majority of the members of the Senate shall be sufficient to receive it.
(2) The outcome of the case and the measure imposed shall be given when the decision is announced and the decision shall be briefly substantiated. Participants shall learn about the right to appeal. If a local folk court imposes a fine, an obligation to compensate or another obligation to pay the property, it shall also set a reasonable time limit to meet it; may also authorise instalments.
(3) The decision of the local People's Court or the content of the conciliation concluded by the participants in the property dispute shall be indicated in a protocol signed by the members of the Chamber and, if the conciliation has been concluded, by the participants.
(4) If one of the participants was not present at the time of the announcement of the decision of the local People's Court, the decision must be communicated in writing.
(5) If a local folk court has dealt with a crime referred to it by the prosecutor or the court, it shall inform them of the outcome of the hearing.
(1) If a local folk court, after hearing a crime or a crime, concludes that a citizen has committed a crime or a crime, but that the hearing itself has fulfilled its educational purpose, it will not impose any measure. In particular, it may do so if the guilty citizen shows sincere remorse, apologies to the injured or the collective and undertakes to remedy and compensate for the damage caused. Otherwise, it shall impose one of the following measures:
(a) an admonition;
(b) public reprimand,
(c) fine up to 500 CZK;
(d) corrective action by salary reduction up to 15% for a maximum period of 3 months;
(e) order, for a maximum period of six months, that the guilty citizen be transferred to a lower post or to another working section; This measure can only be imposed by a local folk court in the workplace.
(2) A local folk court may declare the forfeiture of a cause belonging to a guilty citizen which has been used to commit a crime or a crime, or which a guilty citizen has acquired by his action, if it requires the safety of people or property or other general interest. The failed cause is the state. The forfeiture cannot be said if the value of the item is in a distinct disproportion to the degree of danger of the act committed.
(3) If property damage has been caused by a guilty citizen's guilty or criminal offence, the local folk court acts to replace him voluntarily. If a guilty citizen refuses to make good the damage caused, he shall be obliged to do so. However, if the local People's Court fails to establish the exact amount of damage or if the determination of the exact amount of damage gives it difficulties, it shall advise the injured party to turn to the district court with his claim for compensation.
(4) The fines and salary reductions imposed in the course of corrective measures are to be paid to the State budget.
(1) If the local folk court concludes that it is not possible to prove that a citizen has committed a crime or a crime, it will give an acquittal.
(2) If the local folk court concludes that a citizen has committed a crime or a crime before the age of 15 or finds that a period of 1 year has elapsed since the offence was committed, the proceedings shall be terminated.
(3) If the local folk court concludes that this is a criminal offence, it shall refer the case if it has not been referred to it by the prosecutor or court, the district attorney.
Appeals against decisions of local folk courts
(1) An appeal against a decision of a local folk court shall be an appeal lodged orally or in writing with the President of a local folk court or his representative. An appeal having suspensory effect shall be decided by the District Court.
(2) Appeals may be made by:
(a) a citizen directly concerned by the decision or its legal representative;
(b) Prosecutor,
(c) the authorities or organisations which have given rise to the hearing.
(3) The time limit for lodging an appeal is 15 days from the publication of the decision of the local People's Court.
(4) For the persons referred to in paragraph 2 (a), the period for appeal shall be 15 days from the date of publication of the decision of the local People's Court or from the date on which the decision of the local People's Court was communicated in writing to the person who was not present at the time of the decision. However, if one of these persons has missed the deadline because it has not been brought to the attention of the court, or for other serious reasons (for example for illness, because he was on a business trip and so on), the local folk court may forgive the delay. The local folk court may also waive the absence of the period of appeal if, after the expiry of the period of appeal, new facts or evidence which could justify a change in the decision of the local folk court have been made.
(5) In the case of offences which have been dealt with by the local folk court because they have been referred to it by the prosecutor, the period for appeal shall be 15 days from the date on which the prosecutor was informed by the local folk court of the outcome of the referral.
(6) The local People's Court will file an appeal with the district court file. If, in accordance with the provisions of paragraph 4, the time limit of appeal is missed, they shall indicate it in the file.
(1) The District Court shall reject the appeal if it has been filed late or by a person not authorised, or if it finds, after consulting the case, that the appeal is not justified.
(2) If the district court finds that the local folk court was not competent to hear the case, it shall revoke its decision and, depending on the nature of the case, it shall itself decide the case or refer it to another competent authority.
(3) If the district court finds that the decision of the local folk court is illegal or for other reasons incorrect, it shall revoke it and return the case to the local folk court for reconsideration and judgment. When renegotiating the case, the local folk court is obliged to follow the instructions contained in the decision of the district court.
(4) Insubstantial errors in the decision of the local People's Court may be rectified by the District Court itself, even if they do not recognise the appeal as justified.
The District Court shall decide on an appeal in a Chamber of three. In doing so, unless this law has special provisions, it follows the principles of the treatment of appeals contained in the Rules of Procedure.
Enforcement of decisions and reconciliation
The competent decisions of the local folk court imposing a fine or obligation to make good or to other assets, as well as the reconciliation approved by the local folk court, shall be enforceable.
(1) If the decision by the local folk court to impose a fine is not complied with voluntarily within the prescribed period, the President of the local folk court will forward the file to the district court for enforcement.
(2) If the decision of the local People's Court on compensation obligations or other assets or obligations arising from a settlement approved by the local People's Court within the prescribed time limit is not complied with voluntarily, the President of the local People's Court shall, if requested by an authorised party, forward the file to the District Court for enforcement or conciliation.
The management of the undertaking or any other authority competent, depending on the nature of the case, shall be obliged to take a final decision by the local court of the people to which one of the measures referred to in Article 31 (1) (d) and (e) has been imposed.
Complaints for infringement
(1) The district attorney or the President of the District Court may file a complaint against the decision of the local People's Court in breach of the law; the complaint is decided by the District Court.
(2) If a law has been infringed by a final judgment of the District Court, by which it has decided to appeal against the decision of the local People's Court, the District Attorney or the President of the Regional Court may lodge a complaint against a violation of the law; Complaints are decided by the county court.
Judgments concerning complaints relating to infringements of the law shall proceed, unless this law has special provisions, according to the principles for handling complaints concerning infringements contained in the Rules of Procedure.
Final provisions
(1) National committees and management of undertakings established by local folk courts are required to provide suitable rooms and other needs free of charge for the conduct of local folk courts, to carry out the necessary administrative work free of charge and to cover other expenses associated with the activities of local folk courts.
(2) National committees and competitions in which local folk courts are established are also required to ensure the proper deposit of the files of the local folk court.
(1) The parties to proceedings before the local People's Court do not bear the costs and fees of the proceedings.
(2) The costs incurred in the proceedings by the party concerned shall be borne by the tenderer without any claim for reimbursement.
(1) The competitions are required to give judges of local folk courts the time necessary for them to be able to fulfil properly the duties arising from the judicial function. However, the judges of local folk courts, taking care of the economy as much as possible, are required to carry out duties arising from the judicial function largely outside work hours.
(2) The meetings of local folk courts are usually convened outside of working hours so that they can be attended by the widest possible collective of workers. The courts of the local People's Courts and the workers who will be summoned to the local People's Court will, if necessary, allow the race to take part in the local People's Court meeting by moving their working hours. If this is not feasible, judges of local folk courts and witnesses before the local folk court shall be entitled to compensation for the loss of remuneration for work. In addition, judges of local folk courts and witnesses summoned to the local folk court shall be entitled to reimbursement of the necessary final expenses.
(3) Compensation for loss of remuneration for work provides:
(a) to judges of local folk courts, the undertakings in which these judges are employed;
(b) witnesses summoned to the local folk court at the workplace by the undertaking where the local folk court is established;
(c) other judges of local folk courts and witnesses summoned to the local folk court in the municipality by local national committees.
(4) Refunds for the necessary expenditure provide:
(a) businesses to judges of local folk courts at the workplace and witnesses summoned to the local folk court at the workplace;
(b) local national committees to judges of local folk courts in the municipality and witnesses summoned to the local folk court in the municipality.
Local folk courts do not discuss the wrongdoing of persons subject to military jurisdiction. The offences of these persons shall be dealt with by the relevant commanders under their disciplinary authority.
(1) The provisions of Act No. 24 / 1957 Coll., on the disciplinary prosecution of the theft and damage of property held in socialist property, are not applied at the workplaces where local folk courts operate.
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Regulation Information
| Citation | Act No. 38 / 1961 Coll., on Local People's Courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1961 |
|---|---|
| Effective from | 01.07.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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