Act No. 45 / 1973 Coll.
Law amending and supplementing criminal law
Valid
Effective from 01.07.1973
45
THE LAW
of 25 April 1973
amending and supplementing the criminal law
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Criminal Act No. 140 / 1961 Coll., as amended by Act No. 56 / 1965 Coll. and Act No. 148 / 1969 Coll., is amended as follows:
1. The heading above Section 24 reads: "Abandonment of punishment."
2. The heading above Paragraph 29 reads: "Exceptional Penalty."
3.V § 29
paragraph 1 (b) shall read as follows:
"(b) there is no hope that the perpetrator can be corrected by a prison sentence of 15 years.";
the following paragraph 3 is inserted:
"(3) Instead of the death penalty, the court may impose a prison sentence of 15 to 25 years if it considers that such a sentence is sufficient to fulfil the purpose of the sentence. ';
paragraph 3 shall become paragraph 4.
4. In Paragraph 36, the following sentence is added at the end:
"Where one of these punishments is a prison sentence imposed pursuant to Paragraph 29 (3), the maximum period shall be 25 years. ';
5. In Article 62, the words "for a criminal offence" shall be added to the words "leaving the Republic in accordance with § 109 (3)," for a quote "§ 179 (2), (3)," for the words "endangering the safety of an air vehicle in accordance with § 180a, for the introduction of an air vehicle into a foreign country in accordance with § 180c (2)," and for the citation "(§ 259)," for the words "deserting a foreign country in accordance with § 283 (2) and (3),".
6. in Paragraph 68 (1) (a), they shall be attached at the end of the word "or to a sentence of imprisonment exceeding 15 years,"
7. Article 71, including the title, reads:
Types of safeguard measures
(1) Protection measures are protective supervision, protective treatment, protective education and prevention.
(2) Protective education can only be imposed on a minor. A young person cannot be placed under protective supervision.
(3) Protection surveillance is governed by a special law. "
8. In Paragraph 72 (2) (b), "or narcotic drugs' are added at the end of the term.
9. In Paragraph 72 (4), the following sentence is added at the end:
"Protective treatment may also be carried out during the execution of a prison sentence in a correctional institution. '
10. in Paragraph 84 (1), the words "the Court of First Instance may order protective custody if the punishment of a minor has been waived and" shall be replaced by the words "the court may impose protective custody if";
11. v § 105 (3)
the following point (b) is inserted:
"(b) if he has committed such an act, although he has been specifically entrusted with the preservation of state secrets,"
the current provisions of points (b) to (d) shall be renumbered as points (c) to (e).
12.
"(3) Withdrawal of liberty for three years to ten years or forfeiture of property will punish who
(a) organise the action referred to in paragraph 1 or 2;
(b) commit such an act, although it has been specifically entrusted with the preservation of state secrets,
(c) transfer a group of persons across borders or re-transfer persons leaving the territory of the Republic without authorisation;
(d) commit the act referred to in paragraph 1 or 2 under the security alert of the State. "
13. In Section 112, the words "will be punished by deprivation of liberty for up to three years." shall be replaced by the words, "about its international status or its foreign policy, will be punished by deprivation of liberty for up to three years or by forfeiture of property."
14. The heading of Section 150 reads: "Infringement of trade mark rights, design and protected designation of origin."
15. Article 150 (2) reads as follows:
"(2) In the same way, it will be punished who to achieve economic benefits
(a) produce or put into circulation products in accordance with an industrial design for which the exclusive right of another is vested, or in accordance with an easily interchangeable model; or
(b) it shall put into circulation products which have been unlawfully bearing a designation of origin, to which the exclusive right of another person belongs, or an indication of origin easily interchangeable with it. "
16. In Section 167 (1), the words "leaving the Republic pursuant to § 109 (3)," and after the citation "§ 179," shall be inserted before the words "endangering the safety of an air transport vehicle under § 180a, introduction of an air transport vehicle into a foreign territory under § 180c (2),";
17. In Article 168, the words "the introduction of an air vehicle into a foreign territory under Section 180c (2)," shall be inserted after the quote "§ 179,".
18. The heading of § 175 reads: "Perjury and false expert opinion."
19. In Article 175 (1), the words "where investigations or searches are carried out 'are replaced by the words" or by a clarification authority, if investigations or searches or clarifications are carried out'.
20. The following Sections 180a, 180b and 180c are inserted after Section 180:
"Hazard to the safety of the means of transport
(1) Who on board the means of transport intends to acquire or exercise control of such means
(a) to use against any other violence or threat of immediate violence;
(b) threaten another death, injury or serious harm; or
c) misused the helplessness of another,
he will be punished by deprivation of liberty for eight to 15 years or forfeiture of property.
(2) By withdrawing liberty for 12 to 15 years, or by the sentence of death, or, in addition to these punishments, by forfeiting property, the perpetrator shall be punished,
(a) if the act referred to in paragraph 1 causes death, or
(b) if such an act is committed in a security alert of the State.
Those who communicate false information which may compromise the safety or operation of the means of air transport in flight shall be punished by deprivation of liberty for up to three years or by corrective action or by financial punishment.
Entry of air means of transport abroad
(1) Any person who, for the purposes of the introduction of a means of air transport into a foreign country, takes or uses such means which have been entrusted to him, shall be punished by deprivation of liberty for three to ten years or by forfeiture of property.
(2) By withdrawing liberty for 10 to 15 years, or by the sentence of death, or, in addition to such penalties, by forfeiting property, the perpetrator shall be punished if the act referred to in paragraph 1 causes death. ';
21. In Paragraph 202 (1), the words "out of obvious disrespect to society" shall be deleted.
22. In Paragraph 283, paragraph 2 is replaced by paragraphs 2 and 3:
"(2) By withdrawing liberty for five to ten years or forfeiting property, the perpetrator will be punished,
(a) if the offence referred to in paragraph 1 is committed as an occupational soldier;
(b) organise such an act; or
(c) if he has committed such an act, although he has been specifically entrusted with the preservation of state secrets.
(3) By withdrawing liberty for 10 to 15 years, or by the sentence of death, or in addition to those punishments, the perpetrator shall also be punished by forfeiture of property,
(a) if, for the purpose of committing or committing an act referred to in paragraph 1, it is in possession of an air transport vehicle or a means of combat technology, or where it has been unlawfully used by such a device which has been entrusted to it; or
(b) if such an act is committed under a state's security alert. "
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the penal law, as is apparent from later regulations.
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. 45 / 1973 Coll., amending and supplementing the criminal law |
|---|---|
| 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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