Act No. 44 / 1973 Coll.
Protection surveillance law
Valid
Effective from 01.07.1973
44
THE LAW
of 25 April 1973
on surveillance
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
(1) Protection supervision is a safeguard measure designed to contribute to the further strengthening of the protection of society against the antisocial activities of persons particularly disturbed, as well as to the completion of the redress of the sentenced.
(2) Protective supervision may not be imposed on a minor.
(1) The person who has been placed under protective supervision by a court shall:
(a) to communicate the necessary information to the protective supervisory authority (Article 6 (1)) on the means and resources of its livelihood and, at its request, to demonstrate such data;
(b) to report personally to that authority within the time limits specified by it;
(c) suffer the entry of that authority into its residence; and
(d) notify that authority in advance of the departure from the place of residence.
(2) The court may impose additional obligations and restrictions on the person to lead the working person's proper life, in particular:
(a) not to visit certain places, rooms, businesses or assembly;
(b) to reside in a designated place or district and not to leave it without the consent of the authority exercising the protection oversight.
(1) Protection surveillance is imposed for one year to three years.
(2) Where protection supervision is reimposed before the protection supervision previously imposed has been carried out, the period for which it is reimposed, together with the remaining protection supervision previously imposed, must not exceed three years.
(1) Protection supervision shall be imposed by the court on the offender, who is sentenced as a particularly dangerous recidivist to an unconditional prison sentence.
(2) Protection supervision may also be imposed by the court on the offender who is convicted of an intentional offence or an intentional offence against an unconditional custodial sentence, unless, in view of the individual of the offender, in particular taking into account his or her existing life, the environment in which he or she lives, and the nature of the criminal activity committed, he or she cannot expect to lead the working person's life without protective supervision.
(3) If a court needs further evidence to be carried out in order to decide on safeguard supervision, which cannot be carried out immediately, and therefore does not impose protection supervision on the main trial, it shall reserve the decision on it to the public meeting.
(4) If the court has not reserved a decision on protection supervision, it may deposit it only on a proposal from the prosecutor, in a public session; the court of first instance must decide on such an application at the latest until the sentenced execution of the prison sentence is terminated.
(1) The exercise of protective supervision shall commence after the sentence of imprisonment.
(2) If the President of the Chamber defends the execution of the prison sentence for a period of more than three months, he shall also decide whether or not to commence the enforcement of the detention order.
(1) Protection supervision shall be carried out by the public security authorities in whose territory the place of residence of the person to whom protection supervision has been imposed is to the extent specified in the court decision. In doing so, they shall ensure that the rights of the convicted person are interfered with only to the extent strictly necessary to achieve the purpose of protective supervision.
(2) Public security authorities shall cooperate with national committees and social and economic organisations in the exercise of protective supervision.
The exercise of protective supervision shall be suspended for the duration of the detention and imprisonment, for the duration of the protective treatment carried out at the hospital, for the probationary period fixed at the time of suspension and for the duration of the military active service.
(1) The exercise of the protection supervision imposed on the person referred to in Article 4 (2) shall be waived by the court if the circumstances in respect of which it was imposed cease to exist before it begins.
(2) A motion to waive protection supervision may be made by the prosecutor or by the chief of the correctional education institution in which the sentenced person to whom protection supervision has been imposed is last served in prison.
(1) The Court of First Instance shall release a person from the exercise of protective supervision if it proves that his purpose has been achieved.
(2) An application for release from the exercise of protective supervision may be made:
(a) the public security authority which exercises protection oversight;
(b) Prosecutor,
(c) the person to whom protection surveillance has been imposed after one half of the period for which protection surveillance has been imposed, but first after one year of enforcement; If its proposal is not complied with, it may be repeated only after one year.
Safeguard supervision ceases
(a) the expiry of the period to which it has been deposited;
(b) the date on which the decision taken to obtain legal authority has been taken that the conditional release has been certified.
(1) Save as otherwise provided for in this law, the provisions of the Code of Criminal Procedure shall be applied mutatis mutandis to proceedings and decisions on safeguard supervision.
(2) The decision referred to in Article 4 (4) and Article 8 (1) shall be taken by the court in whose district the sentence is last served and the decision referred to in Article 9 (1) shall be taken by the district court in whose district the protection supervision is carried out.
(3) The application for a decision referred to in the preceding paragraph shall be decided by the court in a public session; in a private session, the decision shall be taken where the application has been made by a person who has not been authorised or where the application referred to in Article 9 (2) (c) has been submitted before the expiry of the time limit.
(4) A complaint having suspensory effect shall be admissible against a resolution which decides to impose protection supervision, to waive its enforcement or to release it.
The Federal Ministry of the Interior shall, in agreement with the relevant ministries, establish the principles of uniform exercise of protection oversight by the public security authorities.
This Law shall take effect on 1 July 1973.
Freedom v. r.
Indra v. r.
Dr Strougal v. r.
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Regulation Information
| Citation | Act No. 44 / 1973 Coll., on Protection Supervision |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.1973 |
|---|---|
| Effective from | 01.07.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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