Decree No. 389 / 1992 Coll.
Decree of the Federal Ministry of Defence on Rules of Procedure for Military Circuit and Higher Military Courts
Valid
Effective from 12.08.1992
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389
DECLARATION
Federal Ministry of Defence
of 22 June 1992
on the Rules of Procedure for Military Circular and Senior Military Courts
The Federal Ministry of Defence, pursuant to § 62 (2) of Act No. 335 / 1991 Coll., on Courts and Judges, pursuant to § 391a (1) and § 391 of Act No. 141 / 1961 Coll., on Criminal Procedure, as amended:
ORGANISATION OF WORK IN MILITARY Courts
The organisation's bases
(1) The Military Circuit Court shall consist of the President and, where appropriate, the Vice-President, other Judges and Addresses. The Military District Court shall decide in the chambers or by a single judge. 1) The higher court-martial shall consist of the President, the Vice-President, the other Judges and the attached Judges. Senior court-martial in senate.2)
(2) The internal organisation of military courts (hereinafter referred to as the "Court") is based on their division into chambers. Administrative and other office work shall be carried out by the Registry.
Schedule of work
(1) The division of work in court is set out for a calendar year by a schedule of work approved by the President of the Court. The work schedule shall state the rank, name and surname of the President and Vice-President of the Court, working time, time of contact with citizens and the allocation of days for each Chamber. A division of criminal matters into chambers is hereby established. Criminal cases and other jurisdiction of judges for military services and forces of armed forces assigned to chambers shall also be laid down in military court. The schedule shall also include the division of the work of the Registry and the section of statistics.
(2) In the event of the absence of a judge in the long term or of significant differences in workload, the President of the Court shall determine the scope of the transfer of the agenda to another Chamber.
(3) In the event of a sudden obstruction preventing the judges from taking action, the President of the Court may delegate them to another Judge.
(4) The measures referred to in paragraphs 2 and 3 shall be implemented by the President of the Court in accordance with the representation provided for in the schedule of work, provided that the proper functioning of the Court does not require any other procedure. The same applies in case of expulsion of a judge (Section 31 (3)).
Offences outside the courthouse
(1) Where an action of a court is to be carried out outside the place of work of a court in a building of a state body or a state institution, establishment, undertaking or other legal person, the action must be agreed in advance with their manager.
(2) The provisions of paragraph 1 shall not be used if proof is made.
(3) Judicial acts in buildings and rooms of persons enjoying diplomatic privileges and immunities may be carried out only in accordance with international law standards. Such acts must be notified by the court to the administration of the military courts of the Federal Ministry of Defence, which will ensure appropriate measures to implement them through the Federal Ministry of Foreign Affairs.
(4) Judicial acts in the buildings of the Federal Assembly, the Czech National Council, the Slovak National Council and the places where they act are governed by special regulations.3)
TASKS OF MILITARY COURT WORKERS
Tasks of workers in general
(1) The President and, where appropriate, the Vice-President of the Military Court, in accordance with the schedule of work, shall act as the President of the Chamber or of a Judge. The President of the Court shall exercise the administration of the Court and ensure its proper functioning in terms of personnel, organisational, economic and financial, and shall carry out other duties arising from its management.4)
(2) The tasks of the exercise of the judiciary in military circumferential and higher military courts are also carried out by judges, adversaries, judicial candidates and staff of the professional apparatus of the court.
(3) Judges, alternates, judicial candidates and staff of the professional apparatus of the courts are required to remain silent about all the facts which they have learned in connection with the performance of the judiciary. The obligation to remain silent shall continue after termination of service or employment.
(4) Obligations to remain silent may be waived by the Judge by the President of the Court. 5) The obligation to remain silent may be waived by the President of the competent court.
Simple actions taken by judicial candidates and staff in charge of proceedings by the Registry
(1) The President of the Court may entrust to the President of the Chamber and, where appropriate, to the staff responsible for the proceedings of the Registry to carry out, under the supervision of the Judge, the following simple acts reserved under the law on judicial proceedings:
(a) requests in simple matters,
(b) the service of judicial documents to persons in custody or in the execution of a custodial sentence and the drawing up of a record of such action;
(c) writing submissions, including proposals and appeals in simple cases;
(d) a decision to refer a case which is relevant to criminal proceedings after the legal authority of the case;
(e) a decision on the obligation of the defendant to pay the costs of the criminal proceedings set out in a lump sum and the costs associated with the performance of the detention and the obligation to compensate the sentenced for the remuneration and the expenses incurred by the designated lawyer by the State;
(f) the measures necessary for the execution of the prison sentence,
(g) the decision to credit the detention and sentence;
(h) measures relating to the enforcement of the confiscation penalty;
(i) a call for payment of a financial penalty or fine and measures relating to the enforcement of decisions thereon;
(j) the measures necessary for the execution of other penalties imposed;
(k) arrangements for the exercise of protective treatment, protective training and prevention of a case;
(l) the provision of supporting documents for the decision on the certificate on conditional convictions, the documents in the suspension procedure, the suspension of the exercise of the remainder of the prohibition on activity and the execution of the rest of the prohibition on residence, the basis for the decision on the change in the manner in which the sentence is enforced and the destruction of the sentence;
(m) notification of the conditional release and the destruction of the conviction;
(n) providing additional reports to criminal records;
(o) a decision on the level of remuneration of the appointed lawyer and on the fees and interpretations,
(p) participation in visits to the accused in custody;
(q) checking the correspondence of the accused.
(2) Judicial waiters and staff authorised by the Registry may, under the authority of the President of the Court, carry out other acts relating to the enforcement of the decision in accordance with the instructions of the President of the Chamber (self-Judge).
(3) The President of the Court may entrust certain staff responsible for the proceedings of the Registry or of the President of the Court if he considers that this is appropriate in order to reduce the workload of judges without prejudice to the quality and economy of the work, to draw up statistical lists and to carry out further work in the field of statistics to the extent specified.
(4) The President of the Chamber (self-judge) may entrust the amount of the witness in criminal matters to the staff member responsible for the proceedings of the Registry, with the exception of a decision under Paragraph 29.
(5) The President of the Chamber (self-judge), to whom the case has been ordered or to whom it belongs according to the schedule of work, shall ensure that the legal acts carried out by the staff member in charge are handled correctly and in due time.
Appeals against the decision of the court-martialed officer
(1) An appeal may be brought under the same conditions as against the decision of the President of the Chamber (self-judge) against a decision given by a court-martialed or a worker authorised by the Registry in cases referred to in Paragraph 5 (1). The appeal lodged shall be submitted to the President of the Chamber (self-Judges); if the President of the Chamber fails to comply, he shall refer the matter to the Court of First Instance for judgment.
(2) If the President of the Chamber (self-judge) decides on an appeal, his decision shall be deemed to be the judgment of the Court of First Instance; it shall be subject to an appeal under the general rules governing proceedings before the courts.
ARRANGEMENTS OF THE MILITARY COURT
List of cases pending
The President of the Chamber (self-Judge) shall take measures to ensure that the list of all matters in which the main proceedings are ordered is posted on the door of the Chamber of Appeal on the same day. The list shall include the President of the Chamber (self-Judge), the file number, the name and surname of the defendants without indicating the rank and duration of the hearing.
Dignity of the hearing
(1) Before the opening of the hearing, the Registrar shall raise the matter to be discussed in a loud and clear manner in front of the Chamber's door. At the same time, they shall determine provisionally whether the persons who have been summoned to the hearing have arrived and shall invite them to enter the Chamber. The recall of a case in this way may be replaced by appropriate technical equipment. It is not permissible for anyone else to be present in the courtroom before the case is brought up, apart from the court.
(2) The Chamber shall be entered without head; This shall not apply to members of the armed corps in service and to women.
For the duration of the presence in the Chamber, the means of protection demonstrated shall be taken. The President of the Chamber (self-Judge) may be left to hold or replace them, if necessary. When deciding on such a measure, the President of the Chamber (self-judge) shall consider, in particular, whether, according to the information available on the demonstration, a reasonable suspicion of an attempted escape, assault of persons present or other acts of violence is given. The retention or re-enclosing of the means of security shall be indicated in the negotiating protocol.
(1) Upon the arrival or departure of the Chamber (self-judge), the persons present in the Chamber shall rise. If there is no advisory room, the Judges must be in uniform and at their places when the case is brought up.
(2) The Chamber (self-judge) is only spoken standing up. However, the President of the Chamber (self-judge) may allow persons whose age or state of health so justifies to sit in the case of presentations and statements.
(3) All persons present, including the Chamber and the Registry, shall be heard standing by the statement of the judgment. Otherwise, in the course of the negotiations, everyone present is sitting in their seats.
(4) The persons present in the Chamber of Appeal shall refrain from any action which may interfere with the smooth conduct of the proceedings.
(5) The parties and their representatives should be allowed to consult each other during the negotiations on their opinions and proposals. To that end, negotiations may be suspended for a reasonable period of time.
(6) Smoking or consumption of food and drink in the courtroom shall be prohibited.
(1) All persons, except persons under the age of 15, shall be entitled to the hearing.
(2) The Senate, the stenographer and the other persons present address each other as "Mr - Mrs - Miss" with the addition of the rank, function or procedural position in which the person addressed acts, or his academic title. Only persons under the age of 15 can be approached, if this is useful for overcoming their shame, by name only.
(3) Where it is necessary to distinguish persons in the same procedural position, the address referred to in the previous paragraph may be supplemented by the surname of a particular person.
(1) Before the decision is taken, the Chamber shall be taken to the Advisory Chamber. If there is no advisory room, the President of the Chamber shall invite those present to leave the Chamber.
(2) Before returning from the Advisory Chamber, the Registrar shall arrange for the participants to take up their seats in the Chamber. If the meeting is held directly in the Chamber, the Registrar shall, after the meeting, invite the participants to return to the Chamber and, where appropriate, the appropriate technical equipment shall be used for the call.
(3) As the Senate, a single judge is also acting.
(1) Before the judgment is delivered, the President of the Chamber (self-judge) shall invite those present to rise. He himself declares the sentence until the end of the speaking part also standing, in a dignified manner, fluently and loudly.
(2) Following the publication of the operative part of the judgment, the President of the Chamber (self-judge) shall invite the persons present to sit down and, on his own, shall state the reasons for the judgment, in a clear and convincing manner, and shall inform the Court of Justice of the appeal.
(3) Similarly, the statement of statement and the statement of reasons for the resolution shall be followed, with the difference that the whole resolution shall be declared sitting.
(4) After the content of the hearing has been completely exhausted, the President of the Chamber (self-judge) shall declare the hearing closed and invite those present to leave the Chamber.
(1) If the public is excluded, such a decision of the Chamber (self-judge) shall be notified clearly at the door of the Chamber at the same time as the prohibition of entry to unauthorised persons.
(2) If citizens can be expected to be more interested in discussing a case, the President of the Chamber (self-judge) shall take measures to conduct the proceedings in a dignified manner. In particular, it shall order the matter to be discussed in an appropriate Chamber of Procedure, where there is a risk of overcharging, it shall be entitled to regulate access by issuing tickets. The public must be informed accordingly.
Some other actions of the court
Recruitment of the interpreter
(1) If the content of the statement or document needs to be translated or the defendant declares that he does not control the language in which the hearing is held, the interpreter shall be added. The interpreter can also be a writer. This circumstance shall be noted in the Protocol.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the questioning of deaf, silent or deaf persons, unless they are able to communicate with them in any other reliable way.
Summons of certain persons to judicial proceedings
(1) Members of the armed forces and armed forces in active duty shall be summoned and, where appropriate, communicated through the competent commander (Chief). If a person is to be presented, the court-martial shall send a request for a demonstration to the superior to whom he or she is presented or escorted.
(2) Persons who are not members of the armed forces or of the Corps in active employment shall be shown by the police authorities. The court shall request that such persons be presented to the police department responsible for that person's place of residence.
(3) Persons in the execution of a prison sentence or in custody shall be summoned through a correctional institution or prison with a request for their presentation. Where the person summoned is in custody of another case, the written consent of the competent prosecutor, the President of the Chamber or the Judge-in-Office must be attached to the request.
(4) Persons who are in protective care, protective education and psychiatric hospitals shall be summoned through those institutes (medical facilities) to ensure their presentation.
Sending of judicial documents in certain cases
(1) A document addressed to the person in detention or in custody shall be served by means of a correctional institution and the prison in which he is located or, where necessary, by an expedited and personally authorised court official.
(2) A document addressed to a member of the armed forces and armed corps in active duty who is not publicly resident in military or military corps shall be served directly; in other cases it shall be served through his superior. If the service of the soldier is not known, the document shall be served through the crew administration; If not known, through the Military District Administration.
Protocols in court
(1) The protocol on negotiations is dictated loudly so that the people present with the dictated text can hear. The President of the Chamber (self-Judge) may allow the interrogated person, in particular if he is an expert, to dictate his resignation. This shall be recorded in the record.
(2) The record of the hearing may be drawn up by shorthand or recording technique, according to the loudly dictated text; This shall be accompanied by a clause indicating the name and surname of the official who drew up the record. The President of the Chamber (self-Judge) shall verify that the content of the completed Protocol is identical to that of the alert and shall confirm the accuracy of the draft Protocol by signing it. Unless otherwise provided for in the law on legal proceedings, there is no need to maintain the alert. Where a record of proceedings is drawn up in this manner, the minutes may be omitted from being present at the hearing, with the exception of the main proceedings, public and private meetings.
(3) The Protocol on the denunciation of those who do not speak the Czech or Slovak languages shall be registered in one of these languages. If it depends on the literal version of the statement, the reporter or interpreter shall also, if possible, write down the relevant part of the statement in the language of the interview.
(4) If the minutes are not present, the minutes shall be drawn up and sealed by the President of the Chamber or by a member of the Chamber authorised by him; the Protocol shall indicate who has written it and shall be signed by all members of the Chamber.
(5) The minutes of the vote may be opened only by the President of the Chamber before the superior court when deciding on a proper appeal and by the President of the Board of Supreme Court when deciding on a complaint relating to infringement and appeal, as well as by the judge responsible for drawing up the judgment; After consultation, it shall re-seal it, imprint it with a round official stamp and confirm the opening with its signature.
(6) The voting protocol shall not be drawn up if it is on simple decisions which have been adopted unanimously by the Senate and which have been preceded by a meeting only in the Chamber without interruption of the negotiations; In such a case, the negotiating protocol shall state that the resolution has been taken without interruption.
Use of the official stamp
In particular, a copy (copies) of the judgments, a clause on the legal power and enforceability of the decision, a regulation on the enforcement of the sentence and safeguard measures, an arrest warrant, an order for arrest, and an order for release from custody or from the execution of the sentence of imprisonment, a request for the tracing of persons, a provision for an attorney's order, as well as any documents intended for courts or other bodies abroad.
Marking of legal power
As soon as the judge finds that the decision has acquired legal authority, he shall record it on a written decision, indicating the date on which the legal authority took place, adding his legible signature and the date of the marking. If the decision was taken only partially, this must be stated precisely in the alert. When an application has been made to supplement the judgment, this does not prevent the legal power of the decision being indicated.
Clause on the legal power and enforceability of the decision
(1) At the request of the person to whom the copy of the decision was served before the decision became final, the court shall indicate on the copy of the decision a clause on legal authority.
(2) At the request of the person to whom the copy of the decision has been served, the court shall indicate in the decision submitted the enforcement clause.
(3) The lodging of an application to supplement the judgment is without prejudice to the affixing of the rule of law and the enforcement clause of the decision.
Route of administration
(1) Written submissions shall be submitted to the court in as many copies as are necessary to enable the court and anyone to whom these documents are to be served, after one copy.
(2) Where the tenderer does not submit the necessary number of copies of the written submission within the prescribed time limit, even if it has been requested to do so, those copies may be drawn up by the court on the participant's expense; the participant must be notified in the invitation. The costs shall be indicated in the list of costs.
Reconstruction of the file
(1) The files which have been destroyed or lost in whole or in part shall, if necessary, be reconstructed by the court which has carried out the proceedings at first instance, on application or on its own motion, in accordance with the records in the registers and other means of evidence. This shall be the subject of an alert indicating the date of the submission of the application, the dates of the hearing, the dates of the decision in the case, the date of the case, the person to whom it was and when the appeal was lodged and the manner in which it was dealt with. Data on legal fees shall not be distinguished.
(2) The Court of First Instance shall obtain certified copies of the copies of the judgment or other documents which it has itself or which it requests from another court or other authority. The certified copies of the copies shall be accompanied by a clause that replaces the copy with a damaged or lost instrument. To this end, it may require the parties, their representatives and other persons to submit copies of the application, copies of the decision and other documents; the documents shall be returned by the court following the measures of the certified copy.
(3) If the means referred to in paragraph 2 are not sufficient, the court shall carry out the necessary investigations, in particular in order to certify how the statements have been filed, hear the persons who have been heard as parties, witnesses, experts, and, where appropriate, carry out other certificates and record the outcome of those investigations in the reconstruction report. The Protocol on Reconstruction shall replace the documents, in particular the various submissions, the minutes and the annexes. A copy of the reconstruction report shall be delivered to known parties. If the parties object to the text of the Protocol, they shall be attached to it by the court.
Issue of official certificates
The President of the Chamber (self-Judge) may, at the request of those who need it to exercise or defend their rights, issue an official certificate of the facts known from the file or, where appropriate, a copy of a document after payment of the legal fee.
Requesting cooperation from police and other authorities
(1) The courts are entitled to require the authorities of municipalities, district offices, police authorities and other authorities and organisations to cooperate in the performance of their tasks, in particular the disclosure of facts relevant to judicial proceedings and decisions (Section 8 (3)).
(2) In particular, reports of the behaviour, property and social circumstances of the accused, which are based on their own knowledge, may be required from the authorities of the municipalities and the district authorities.
(3) The authorities of the police may require, in particular, reports of the conduct of the accused and the parties, of the conduct of a suspended and suspended person in the course of a specified trial period and of the conduct of the sentenced person for the purposes of the decision to exterminate the conviction and of the residence and employment of persons. If necessary, the police authorities shall, at the request of the court, conduct a search for the person's residence.
(4) Employers may be required by the courts to report on the behaviour of their workers in employment and on their earnings or on other facts, where this is necessary for judicial proceedings and decisions.
REFUNDS ON THE NECESSARY EXPENDITURE OF PERSONS INTERESTED IN THE PROCEDURE
(1) The final expenses of the participant include fare, subsistence and accommodation.
(2) The supporting documents for the calculation of the loss on the earnings of a participant who is in an employment relationship or in a similar employment relationship shall consist of the average net earnings calculated in accordance with a special regulation. 6) The amount of the average net earnings shall be demonstrated by the participant by a confirmation of the employer for which he is working, indicating whether and what amount the employer collects in the absence of work, and whether the participant may start work for the remainder of the shift.
(3) However, for a participant who is not in an employment relationship or in a similar employment relationship, he is employed, the basis for calculating the compensation for loss of earnings is the amount calculated on the basis of the population income tax base, (7) divided by the number of working hours laid down by the Special Regulation8), covering the same calendar year. The amount of the population tax base shall be demonstrated by the participant by the last payment period of the tax authority preceding the date on which the claim for compensation is claimed; if the amount of the loss of earnings cannot be demonstrated in this way, the participant shall be compensated for the loss of earnings in the amount of 17 CZK per hour, but not more than 136 CZK per day. 6)
(4) If a participant with a severe physical illness or a defect or in other serious cases needs a guide, the necessary supplementary edition of the guide and his lost earnings shall form part of the costs of the party's proceedings. 9)
(1) Only a party who does not live or work at the place where the proceedings are held or who is summoned from the place where he is temporarily present shall be entitled to the fare.
(2) The participant shall be reimbursed for actual, effective and economical travel expenses by public mass transport. Where a participant in his own motor vehicle has been used, the fare shall be paid to him as if he were travelling by mass means of transport, except in the cases provided for in Paragraph 29.
(1) If a participant has also used a local public mass transport vehicle, it shall also be paid local transport fees.
(2) Local transport charges shall also be paid to a participant who lives or works at the place where the proceedings take place when he has used a local public mass transport vehicle.
Where the circumstances of the case require that the journey be carried out by a means other than a public public public transport service, compensation shall be granted to participants on the journey in accordance with special rules. 9) According to these regulations it is provided for food and accommodation.
(1) In order to determine the amount of compensation required for the expenses and compensation for the loss of earnings and to determine the costs of the legal representative of the participant or his representative, who is not a lawyer or a commercial lawyer, to determine the costs of the guardian of the designated participant, to determine the costs of the necessary guide (§ 26 (4)), and to determine the amount of evidence, the provisions of § 26 to 30 shall apply mutatis mutandis.
(2) Specific rules apply to refunds granted to experts and interpreters.
PERFORMANCE OF CERTAIN DECISIONS IN THE CRITERIA
Decision of the court on detention and on a search warrant
(1) In order to ensure the obligation of a judge (President of the Chamber) and to comply with the time limits set out in paragraphs 69, 77 and 83 (3) above, the President of a military circumferential or higher military court shall, in the absence of working time and on days of leave and rest, ensure the availability of one judge (President of the Chamber) to access the court building, to a direct telephone station (fax) and to the office where the files are filed in outstanding criminal matters and to use a round official stamp. The President of the Military Court shall also notify the appropriate Military Prosecutor, the Permanent Service of the competent authority of the Czech Republic Police and the Slovak Police Corps in the military court district of the address or telephone number of the designated judge (Chairman of the Senate), where he will be present during the period of availability. This address shall be served by the prosecutor and the police at the time of the attainability, all documents addressed to the court, unless the designated judge otherwise agrees with them during attainability. The President of a Military Circular or a Senior Military Court shall also ensure that at this time the competent military prosecutor may file a motion to take the defendant into custody and an application for a search warrant (Sections 68 and 83).
(2) If the defendant is to be heard at that time and the decision on detention is to be determined by the lawyer or to issue a search warrant, the competent authorities of the police or the competent military prosecutor shall inform the judge (Chairman of the Chamber) referred to in paragraph 1 thereof and shall agree with him the place and time of the action needed.
(3) The Judge to whom the defendant has been delivered must immediately hear the defendant, decide on the detention and the decision to notify the defendant within 24 hours of being delivered to him. If the defendant is questioned by another judge of substance, he shall inform the judge of the court of substance which issued the arrest warrant of his hearing. The Judge shall, upon receipt of the information relating to the hearing, decide on the detention and notify his decision through the Judge conducting the hearing to the defendant. If the defendant has not been notified of the decision within 24 hours of being delivered to the court or the judge conducting the hearing, the defendant shall be released.
(4) If it has been decided that the defendant is to be taken into custody, the relevant detention prison shall be served with a resolution and an order for entry into custody. If a court other than the court which issued the arrest warrant and decided on the detention order is ordering custody, the prison shall deliver only the order for admission into custody. The court which issued the arrest warrant and decided on custody shall deliver the order directly to its detention prison.
Cash guarantee
(1) If the court accepts the offer of a cash guarantee (Section 73a (3)), it shall determine at the same time, depending on the nature of the case, the method of its composition and the period by which the cash guarantee must be lodged. This also applies in the case of a foreign currency cash guarantee. Where necessary, it shall allow the defendant or any other person to deposit the cash guarantee in the register of the court. Otherwise, they shall require such persons to send the cash guarantee directly to the depository account of the court.
(2) If the defendant is in custody and the court accepts the offer of a cash guarantee, he shall be released from custody immediately after the cash guarantee has been lodged on the court's behalf. The amount lodged on the cash guarantee may be paid only on written order from the judge.
Measures for the regulation of the execution of a custodial sentence
(1) If the sentenced person does not enter the prison sentence within the prescribed time limit, or if there is a fear that he will flee, the President of the Chamber (self-judge) shall order the sentenced person to be delivered to the appropriate detention prison (Section 321 (3), first sentence). If the stay of the sentenced is unknown, the court shall expressly state on the order for delivery until the execution of the sentence that the stay of the sentenced must be traced (Section 321 (3), second sentence). The order for delivery for the execution of the prison sentence shall be sent to the district police headquarters, the district headquarters of the Slovak Police College or to the municipal headquarters of the Slovak Police College in Bratislava and Košice in the district of the court.
(2) If the stay of the sentenced has been traced other than by the police authorities, or if the sentenced has voluntarily applied for the execution of the sentence, the order for delivery for execution of the sentence must be withdrawn from the police authority to which it was sent.
(3) If the sentenced person is in custody, the execution of the sentence must be ordered as quickly as possible by legal authority. If, in a group case, only one of the defendants has a judgment of legal authority, the execution of the sentence must be ordered immediately by that sentenced person without waiting for the legal power of the judgment of the others. If he is not in custody, the execution of the sentence must be ordered in the shortest time. If the sentenced person has been authorised to postpone the execution of the sentence after the enforcement order has been issued, the detention shall be notified of the corrective education institution to which the sentence order has already been sent, indicating the date on which the suspension is to end.
(4) In the case of a sentenced person residing abroad, the order for the execution of the sentence of imprisonment is followed by a special rule. 10)
(1) If the sentenced person is free, the President of the Chamber (self-judge) shall invite him in writing to take the sentence. He shall inform the defendant of the date and time on which the prison (correctional institution) is due to take up the sentence and inform him of the consequences if the sentence had not taken up within the period.
(2) If the sentenced person carries out an active military service (including that of a military organisation or other corps), the President of the Chamber (self-judge) shall invite him to take the sentence in writing through the Chief of the Unit where the sentenced person performs such a service. At the same time, the President of the Chamber (self-judge) shall ask the sentenced person to be sentenced and to take any further measures required under the relevant Staff Regulations.
Suspended suspension of imprisonment
(1) Where a conditional suspension of the execution of a custodial sentence has been permitted while accepting the guarantee of the interest association of citizens for the correction of the defendant, the court shall also inform the defendant in the request for educational cooperation pursuant to Article 329 (1) (3) (a) of the association concerned whether and what restrictions under Article 59 (2) (a) of the law have been imposed on the defendant. At the same time, it will ask them to focus their educational activities according to the content of these restrictions, to monitor whether the accused complies with the restrictions and to report immediately to the court on their possible infringement. He shall also request the communication of the change of employment or residence of the defendant.
(2) The same applies to the court in the event that the association asks for educational cooperation under Article 329 (2) (d) of the Treaty.
Proprietary release from prison sentence
As in § 31, the court shall also proceed in cases of conditional dismissal of a sentenced person.
Conditioning of pardons
If the sentence or the remainder of the sentence was by grace of the President of the Czech and Slovak Federal Republic under the conditions laid down, the President of the Military District Court shall act in conjunction with the police, municipal authorities and employers to ensure that the sentenced fulfils the conditions laid down.
Enforcement of the penalty for loss of military rank
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Regulation Information
| Citation | Decree of the Federal Ministry of Defence No. 389 / 1992 Coll., on Rules of Procedure for Military Circuit and Higher Military Courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1992 |
|---|---|
| Effective from | 12.08.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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