Act No. 56 / 1965 Coll.
Act amending and supplementing Criminal Act No. 140 / 1961 Coll.
Valid
Effective from 01.08.1965
56
THE LAW
of 17 June 1965
amending and supplementing Criminal Law No. 140 / 1961 Coll.
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
The general part of the criminal law is amended as follows:
1. In Paragraph 36, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Gradually imposed prison sentences shall be considered as a single sentence for the purpose of the execution of the sentence and for the destruction of the sentence. '
2. In Section 39, the heading "Withdrawal of Freedom 'is placed before its numerical designation and the words" in the correctional facilities of the Ministry of Interior' and "in the correctional facilities of the Ministry of Defence 'are replaced by the words" in the correctional institutions' and "in the military correctional services'.
3. The following Section 39a is inserted after Section 39:
(1) The sentence of imprisonment in penal institutions is to be carried out in a differentiated manner in three rehabilitation groups. The manner in which the sentence is to be enforced is governed by a separate law in each of the rehabilitation groups.
(2) The Court of First Instance shall, as a general rule, classify the perpetrator:
(a) to the first correctional education group, if it has not been in the last 10 years before the offence was committed in the execution of the prison sentence imposed on it for an intentional offence;
(b) to a second correctional education group, if in the last 10 years before the offence was committed in the execution of a custodial sentence imposed on him for an intentional offence; the previous conviction shall not be taken into account if the offender is looked upon as if he were not condemned;
(c) to the third group of correctional education, where the sentence is imposed on him as a particularly dangerous reviewer (§ 41) or the penalty for any of the offences referred to in § 62.
(3) The Court of First Instance may include the offender in a group other than that to which he is to be classified in accordance with paragraph 2, taking into account the seriousness of the offence and the degree and nature of the breach of the offender for his or her rectification and rearing in another group, However, they shall always include a perpetrator to whom the death penalty has been reduced by grace to a prison sentence in the third correctional group.
(4) If the court places a third detention group of the offender who is particularly severely disturbed or whose death penalty has been reduced by grace to a prison sentence, it may decide to be placed at the same time in a sharpened isolation for at least six months but not more than two years.
(5) If a military court condemns a soldier in a basic military service for a sentence of more than two years, it may decide that the sentence shall be carried out in a military correctional unit, if it considers that this method of execution is sufficient to correct the sentence. '
4. In Paragraph 45 (2), at the end of the sentence, the words "and at the same time decide how the sentence is to be enforced 'shall be inserted before the semicolon.
5. In Paragraph 51, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Without the conditions of paragraph 1, a court may impose a penalty for forfeiture of property only where that law permits a specific part of the sentence to be imposed; a separate penalty may be imposed if, in view of the nature of the offence committed and the person responsible for the offence, no other penalty is needed to achieve the purpose of the sentence. ';
6.
"(1) A cash penalty of 500 CZK to 50 000 CZK may be imposed by the court if the perpetrator has acquired or tried to obtain property gain by intentional criminal activity.
(2) Without the conditions of paragraph 1, a court may impose a pecuniary penalty only where such a law permits the imposition of such a penalty in a specific part; as a separate penalty, a cash penalty may be imposed if, in view of the nature of the offence committed and the possibility of correcting the offender, the imposition of another penalty is not necessary to achieve the purpose of the penalty. ';
7. Paragraph 3 is added to Paragraph 54:
"(3) If the court imposes a penalty in cash, it shall provide for a replacement sentence of up to one year in the event that the execution of that sentence could be thwarted. However, even with the prison sentence imposed, the replacement sentence may not exceed the upper limit of the criminal rate. '
8. In Paragraph 58 (1), the words "suspended 'shall be replaced by the words" may be suspended' and the words "living and working 'shall be inserted after the words" and to the circumstances of the case'.
9. Paragraph 5 is added to Paragraph 60:
"(5) Where a court pursuant to paragraph 1 or 2 decides to execute the sentence, it shall decide at the same time how the sentence is to be enforced. ';
10. In Paragraph 61, the following paragraph 2 is added:
"(2) When deciding on a conditional release, the court shall also take into account the seriousness of the offence committed and the nature of the offence committed and the class of detention. ';
Paragraph 2 shall become paragraph 3.
11. Paragraph 67 (3) (a) reads as follows:
"(a) by means of a communication or a statement of charges for the offence for which limitation is sought and of the following acts of the search authority, investigator, prosecutor or court leading to the prosecution of the offender; or"
12.
"(1) The imprisonment of persons who have not exceeded the eighteenth year of their age shall be carried out in juvenile correctional institutions.
(2) The Court of First Instance may decide that a juvenile who has already passed the eighteenth year of his age shall be punished in such institutions; taking into account in particular the duration of the sentence and the degree and nature of the disturbance of the minor. ';
13. Article 83 shall be deleted;
14. paragraphs 5 and 6 are added to Paragraph 85:
"(5) If juvenile reeducation has progressed to the extent that it can be expected that, even without the restrictions on which it is subject to a training establishment, it will behave and work properly, but all the circumstances for which protection has been imposed have not yet passed, the juvenile court may place the juvenile court on condition outside the training establishment.
(6) If they do not comply with the youthful expectations that even outside the educational establishment they will behave and work properly, the court will abolish the conditional placement outside the educational establishment and decide to continue the training in the educational establishment. '
15. Paragraph 3 is added to Paragraph 87:
"(3) If the court declares that a suspended juvenile has proven himself in probation, his conviction will also be destroyed."
The specific part of the criminal law is amended as follows:
1. The following Section 107a is inserted after Section 107:
Who without permission
(a) make a description, plan, drawing or image of any defence device of the country;
(b) he shall copy, document or photograph such a thing or give it or have others do so;
(c) provide such a thing for himself or someone else; or
(d) publish such a case;
he shall be punished by deprivation of liberty for up to one year or by corrective action or by financial punishment. ';
2. In Paragraph 109, paragraphs 1 and 3 are added at the end by the words "or forfeiture of property '.
3.
"(1) Those who, to a greater extent, harm consumers, in particular by overcharging goods or services, or by framing them for the quality, quantity or weight of goods, will be punished by deprivation of liberty for six months to three years, by corrective measures or by banning activities or by financial penalties.
(2) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed as a member of an organised group; or
(b) where such an act has benefited significantly. "
4. The following Section 156a is inserted after Section 156:
Facilitating the exercise of public authority
Those who, in circumstances threatening public policy, do not comply with the calls of a public official to maintain public order and to prevent or impede the execution of his measures shall be punished by deprivation of liberty for up to six months or by corrective action or by financial punishment. '
5. In Paragraph 171, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Any person who, having applied measures against him in civil proceedings for enforcement of a judgment of a court or a court approved by an agreement on the education of minor children, obstructs the execution of such a decision or agreement shall be punished by deprivation of liberty for up to one year or by corrective measure. '
6. In Article 175 (1), the words "or an investigative body, if it is conducting an investigation under the criminal rules' are replaced by" or before an investigator or search authority, if it is conducting an investigation or search under the criminal rules'.
7. The following Section 197a is inserted after Section 197:
Those who threaten others by killing, serious harm to health or other serious harm in such a way that this may give rise to a reasonable fear shall be punished by deprivation of liberty for up to one year or by corrective action or by financial punishment. '
8. Paragraph 203 (1) as amended by Law No 53 / 1963 Coll. is deleted and the designation of paragraph 2 is deleted.
9.
"Who consistently or to a greater extent gives alcohol to persons under 18 years of age, will be punished by deprivation of liberty for up to one year."
10. In Paragraph 283 (1) at the end, the words "or forfeiture of property 'are added.
This Act shall take effect on 1 August 1965.
Novotný v. r.
Laštovka v. r.
Lenárt v. r.
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Regulation Information
| Citation | Act No. 56 / 1965 Coll., amending and supplementing Criminal Act No. 140 / 1961 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1965 |
|---|---|
| Effective from | 01.08.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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