Act No 57 / 1965 Coll.
Act amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code)
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Effective from 01.08.1965
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57
THE LAW
of 17 June 1965
amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code)
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
The Law of 29 November 1961 No 141 Coll., on criminal proceedings of the Court (Criminal Code) is amended as follows:
1. In Paragraph 2 (1), the second sentence is deleted.
2. Paragraph 4 (1) of the first sentence reads as follows:
"(1) The basic organizations of the Revolutionary Trade Union and the Czechoslovak Youth Union may, after consulting the collective of workers, offer to take over the guarantee for the rectification of the defendant, if they have reason to believe that the accused are supposed to rectify himself by acting as a collective. The same authorisation shall be given to the single agricultural cooperative and to the production cooperative of which the worker is accused. ';
3. In Paragraph 4 (2), the word "prosecutor 'is replaced by" prosecutor, investigator or search authority'.
4. In Article 11 (1) (c), the words "a person who is excluded from the jurisdiction of law enforcement authorities (Article 10) shall be inserted after the words" if ";
5. in Article 11 (1) (f), the words "court or prosecutor" shall be deleted;
6. In Paragraph 12 (9), the word "investigation 'is replaced by" prosecution'.
7. In Section 32, the words "the charge (§ 165) 'are replaced by the words" the charge (§ 163) or the charge (§ 169)'.
8. In Paragraph 33 (1), the following sentences are inserted instead of the second sentence:
"He has the right to choose an attorney and to consult him. If he is in custody, he may speak to the lawyer without the presence of a third party; The investigator will allow him such a conversation. However, if there is reason to believe that the defendant will obstruct the investigation [Paragraph 67 (b)] and if he has not yet made contact with the results of the investigation, the agreement of the investigator shall be sought without a third party present. '
9. Paragraph 35 (1) reads as follows:
"(1) A criminal defense attorney can only be a lawyer. If, in the field of military justice, there is a matter of particular importance to the defence of the country, the Prosecutor or the President of the Chamber may decide that only an officer of the judiciary in active duty, included in the military judiciary, may be a lawyer; he then has all the rights and duties of the lawyer in the performance of his defence and is relieved of his duty. '
10. In Paragraph 36 (3), the words "at least from the time of the completion of the investigation to familiarise the defendant with his results (§ 169) 'are deleted.
11. in Paragraph 39 (1), the following second sentence is added:
"In the cases referred to in Paragraph 35 (1), the second sentence shall be determined by the Prosecutor or by the President of the Chamber. '
12. in Paragraph 39, paragraph 2 and the designation of paragraph 1 shall be deleted;
13. Paragraph 41 (2) reads as follows:
"(2) The defendant is already entitled to make proposals for the defendant during the preparatory procedure, to submit applications for him, to appeal, to examine the files (§ 65) and to participate in the investigation and search proceedings under the provisions of this Act. The defendant in custody shall be entitled to speak to the extent set out in Paragraph 33 (1). ';
14. Paragraph 50 (3) reads as follows:
"(3) If, in the field of military justice, there is a matter of particular interest to the defence of the country, the Prosecutor or the President of the Chamber may decide that only an officer of the judiciary in active duty, included in the military judiciary, may be an agent. '
15. Paragraph 65 (2) reads as follows:
"(2) In preparatory proceedings, the prosecutor, investigator or search authority may refuse access to the file for serious reasons. The seriousness of the grounds for refusal of access to the file by the investigator or the search authority shall, at the request of the person to whom the hearing has been refused, be subject to urgent review by the prosecutor. An inspection of the file may not be refused to the defendant and the lawyer, if he has already made contact with the results of the investigation or search. '
16. in Paragraph 65 (3), the words "before the arraignment" shall be replaced by the words "before the arraignment (Paragraph 163) or the record of the indictment (Paragraph 169)."
17. in Paragraph 66 (3), the words "under the prison order" are replaced by the words "disciplinary."
18. In Article 68, the words "against which an accusation has been made (§ 165) 'are replaced by the words" against which an accusation has been made (§ 163) or which has been brought (§ 169)'.
19. In Article 76 (1), the words "to be detained in urgent cases or even in urgent cases, even if an accusation has not yet been brought against it pursuant to Article 165 'are replaced by the words" to be detained in urgent cases by an investigator or search authority, even if an accusation has not yet been brought against it pursuant to Article 163 or has not been brought against it pursuant to Article 169'.
20. Paragraph 76 (5) is added as follows:
"(5) Clauses 91, 92, 93 and 95 should be adequately respected even if the detained person is questioned at a time when no charges have yet been brought against him or her under § 163 or has been brought against him or her under § 169."
21. in Paragraph 78 (3), the words "prosecutor or investigative body, in cases of urgency, the security authority" shall be replaced by "prosecutor, investigator or search authority."
22. Paragraph 79 (3) reads as follows:
"(3) Without the prior consent referred to in paragraph 1, the order may be issued by the investigator or the search authority only if the prior consent cannot be obtained and the case cannot be delayed. ';
23. Section 6 of Title Four is deleted.
Article 24 (96) shall be deleted;
25. in Paragraph 115 (1), the word "prosecutor" shall be replaced by "prosecutor or investigator."
26. In Paragraph 122 (1), the following sentence is inserted after the second sentence:
"If an unconditional custodial sentence has been imposed, the judgment must contain a statement on the manner in which that sentence is to be enforced (§ 39a, 83rd Act). '
27. In § 125 in the last sentence, a quote is deleted § 121.
28.
"(2) The daily rate relating to the costs associated with the exercise of the binding and the method of payment of these costs shall be determined by the Minister for the Interior. ';
29. In Paragraph 152, paragraph 4 is added as follows:
"(4) Reimbursement of the costs of the execution of the prison sentence shall be governed by the law on the execution of the prison sentence. ';
30. Paragraph 157 to 179, including the headings of the part, heads, sections and sections, shall read as follows:
PREPARATION PROCEDURE
General provisions
The prosecutor, investigator and search authority shall organise their activities in such a way as to contribute effectively to the timeliness and rationality of the prosecution.
PROCEDURE BEFORE INITIATING THE CRITERIA
(1) The prosecutor, investigator and search authority are required to receive and deal with criminal notifications as quickly as possible; in so doing, they shall inform the notifier of the liability for knowingly false information and inform the notifier of the measures taken no later than one month after notification.
(2) The search authorities shall take all necessary measures to detect the offences and to identify their perpetrators; they must also take the necessary measures to prevent crime.
(3) In order to clarify the notification of criminal offences and other initiatives to prosecute, the prosecutor, investigator and search authority shall provide the necessary supporting documents and the necessary explanations and identify and provide evidence of the offence; However, they shall not be entitled to carry out acts pursuant to the fourth and fifth Titles of the Criminal Code, except those under Sections 113 and 114, prior to the start of the prosecution.
(4) The explanation referred to in paragraph 3 shall not be required from any person who would infringe the obligation of confidentiality expressly imposed or recognised by him, unless he is relieved of that obligation by the competent authority or in the interests of which he has the obligation. The explanation may be denied by who would cause the risk of criminal prosecution to himself or to the persons referred to in Paragraph 100 (2).
(1) If the case is not suspected of a criminal offence, the prosecutor, investigator or search authority shall postpone the case by a resolution, unless otherwise appropriate. Such management may in particular:
(a) surrender of the case to the local People's Court or national committee for consideration;
(b) surrender of a case to a national committee or other body for the purpose of dealing with an offence; or
(c) surrender to another body for disciplinary or disciplinary action.
(2) The prosecutor, investigator or search authority shall, before the start of the criminal prosecution, postpone the case by order if the prosecution is inadmissible pursuant to Article 11 (1).
(3) The prosecutor, investigator or search authority may, prior to the start of criminal prosecution:
(a) by order, postpone the case where the prosecution is inefficient in the light of the circumstances referred to in Article 172 (2);
(b) to refer the matter to the local folk court if it is a crime of less danger to society, the perpetrator regrets the perpetration of the crime and shows an effective attempt to remedy it, if he considers that this method of execution is sufficient in relation to the person responsible and the educational strength of the collective;
(c) refer the case to the local folk court if it has accepted a guarantee from the social organisation under the conditions set out in § 4 (1) and (2). In that case, it shall communicate its decision to the organisation which has taken over the guarantee and shall ask it to take charge of the redress of the offender within the meaning of the guarantee and to make good the damage caused by the offence if it has not already been done,
(d) refer the case to the competent authority for disciplinary action if it is a criminal offence which can be dealt with by disciplinary action, if it considers that this procedure is sufficient in view of the person responsible and the nature of the offence.
(4) The postponement order must always be delivered to the notifier who may file a complaint against it. The order to postpone the case referred to in paragraphs 2 and 3 (a) shall be delivered to the prosecutor within 48 hours.
(5) Only a properly clarified matter can be submitted to the local People's Court.
INITIATION OF THE CRITERIA AND OTHER PROCEDURE IN IT
Commence of prosecution
(1) Where the facts established indicate that an offence has been committed and there is no reason for the procedure referred to in Article 159 (2) and (3), the investigator or the search authority shall immediately prosecute. The prosecution shall be initiated by a resolution. Where there is a risk of delay, the investigator or the search authority shall prosecute by carrying out security operations in accordance with the provisions of Section 2 to 5 of the fourth Title. They shall draw up a resolution without delay after their implementation. A copy of the order shall be delivered to the Prosecutor within 48 hours at the latest.
(2) The investigator or the search authority shall prosecute and carry out urgent action also if it is not possible to achieve such action by the competent authority; However, after urgent operations have been carried out, he shall be obliged to refer the case without delay, and no later than three days after the start of the prosecution, to the competent authority.
Investigation
Scope of investigations and investigation bodies
(1) The investigation takes place on non-search offences (§ 168).
(2) The investigation also takes place on criminal offences that are otherwise searched for.
(a) if the defendant is in custody, in the execution of a prison sentence or for observation in a health institution;
(b) if the proceedings are against a minor, a fugitive or a person who is deprived of legal capacity or whose legal capacity is limited, or if, in view of the physical or mental defects of the accused, there are doubts as to his capacity to defend himself properly; or
(c) if ordered by the prosecutor.
(3) Where there is a need to conduct an investigation into at least one of the offences, an investigation shall be carried out on all the offences of the same defendant and against all the defendants whose offences are related.
(4) The investigations are carried out by prosecutors and investigators of the National Security Corps. the competence of investigators shall be determined by the Attorney General and the Minister of the Interior.
Acceptance of an investigation
The investigation will be decided upon. If he refuses to accept the case, he shall immediately submit the files with his position to the prosecutor.
Charge
(1) If, on the basis of the facts established, it is sufficiently justified to conclude that the offence has been committed by a specific person, the investigator shall without delay issue a resolution that the person concerned is being prosecuted as accused.
(2) The order to press charges shall contain a description of the action under investigation, indicating the location, time or other circumstances in which it took place, so that the action cannot be confused with another. Furthermore, the resolution must state what offence is seen in this act by giving its legal name and the relevant provisions of the criminal law. In addition, the resolution must contain grounds for prosecution.
(3) The charge shall be notified to the defendant within three days, but if he is questioned earlier, at the beginning of his first hearing. A copy of this order shall be delivered to the Prosecutor within 48 hours at the latest.
(4) If, in the course of the investigation, it is apparent that the defendant has committed a further act which was not covered by the order to press charges, the investigator of the parties shall proceed with that action in accordance with the provisions of paragraphs 1 to 3.
(5) If, in the course of the investigation, it is established that the action for which the charge has been lodged is a criminal offence other than that which has been legally assessed in the resolution on the charge, the investigator shall draw the attention of the defendant to that circumstance and shall make such notice known in the protocol.
Investigation procedure
(1) The investigation shall normally be carried out by the investigator in person. Actions carried out after the start of prosecution by other authorities, as well as the examination and examination of the body, carried out before the start of the prosecution (Section 158 (3)) need not be repeated by the investigator if they have been carried out in a manner consistent with the provisions of this law; However, the investigator shall always hear the defendant.
(2) The investigator shall carry out his own-initiative investigations in such a way as to clarify as quickly and fully as possible all the facts necessary for the assessment of the case, the persons responsible for the offence and the claim for damages and to identify the causes which led to the crime or allow it to be committed (§ 89 (1)). The investigator shall draw the attention of the identified deficiencies or defects to the state or other authority, undertaking or organisation concerned by the identified deficiency or defect. The institution, undertaking or organisation concerned shall inform the investigator within one month of the measures taken to address the deficiencies and defects.
(3) The evidence shall be provided by the investigators without distinction as to whether they testify in favour or against the defendant. The confession of the defendant shall not relieve the investigator of the obligation to examine and verify by all available evidence the veracity of the confession and all circumstances of the case. The defendant's defence must also be carefully examined and verified, unless it is clearly indecisive. The defendant must not be coerced in any way to testify or confess.
(4) Except where the consent of the prosecutor is required under this law, the investigator shall take all decisions on the investigation procedure and on the conduct of the investigations separately and shall be fully responsible for their lawful and timely execution. If the investigator does not agree with the instructions of the prosecutor on the charge, on the qualification of the offence and on the extent of the charge or on the manner in which the case is handled in the preparatory procedure, he shall be entitled to make written objections; if the prosecutor does not comply with these objections, he shall refer the case to the superior prosecutor who shall withdraw the orders of the subordinate prosecutor or order the case to another investigator. In all other cases, the D.A. 's instructions for investigators are binding.
(5) The investigator shall be entitled, in the cases under investigation, to instruct the search authorities to carry out the tasks necessary for the investigation; However, the conduct of investigations may only exceptionally require justified cases, in particular where there is a risk of delay. The search authorities shall comply with these instructions.
Participation of defenders in the investigation
(1) The defendant has already been entitled to be present since the charge has been filed in the investigation; may ask questions to the defendant and to other interrogators, but only after the hearing has been completed and given the floor; it is only possible to deny a lawyer these privileges for serious reasons which the prosecutor is obliged to examine promptly on the defence's application.
(2) It is not possible to deny the defendant's participation in the investigation which complements the proceedings only after the investigation has been declared terminated and the defendant has been informed of the results; in so doing, it shall not decide whether the proceedings are to be completed on the application of the defendant or his lawyer, on the instruction of the prosecutor or on the basis of a court decision.
(3) Defenders of a young person and persons who are unable to defend themselves properly for their physical or mental defects shall not be refused to participate in any questioning of that person from the time of the charges and in the conduct of investigations.
(4) If the lawyer informs the investigator that he wishes to participate in an investigation, the investigator shall inform him of the time and place of the action in time, unless it is an urgent act. This is also the case if the investigator intends, for serious reasons, to deny the defendant participation in the action.
End of investigation
(1) If the investigator considers the investigation to be terminated and its results are sufficient to file an indictment, he shall inform the defendant of the results of the investigation, submit to him the investigation files for examination and inform him of his right to propose the addition of the investigation.
(2) If the defendant has an attorney, he should be invited to be informed of the results of the investigation and allowed to study the files and to speak to the defendant in custody without the presence of a third party.
(3) The defendant and the lawyer must be informed of the facts of the investigation at least three days in advance. This period may be shortened only with their consent. A reasonable period of time shall be provided for the defendant and his lawyer to be informed of the results of the investigation.
(4) The lawyer is obliged to propose the completion of the investigation which he considers necessary when familiarising the results of the investigation.
(5) Dismisses the defendant's or his lawyer's motion to supplement the investigation may only be rejected by a reasoned order if the proposed amendment is unlikely to be necessary for the decision of both the prosecutor and the court; otherwise, the investigation shall be completed according to the proposals put forward and the defendant shall be informed of the results of the additions.
(6) If the defendant or the lawyer, although duly informed, does not appear without a legitimate excuse to acquaint themselves with the results of the investigation or if the defendant refuses to acquaint himself with the results of the investigation, this shall be noted, together with the reasons for mentioning them, in the investigation file and shall proceed as if the defendant had been aware of the results of the investigation.
(7) In the case of offences referred to in the title of the first special part of the criminal law in respect of which proceedings are conducted at first instance by the Regional Courts, the indictment of the defendant shall be brought to the attention of the prosecutors.
(8) The investigation shall be concluded no later than two months after the start of the prosecution. Within that period, a final report containing a proposal for final action or a decision pursuant to § 171 to 173 must be submitted to the prosecutor of the file. A prosecutor supervising the investigation shall be authorised to extend this period by one month; the authorisation of further extension of the period is authorised by the superior prosecutor.
Request for review of the investigator's procedure
The accused and the injured shall have the right at any time during the course of the investigation to request the prosecutor to remove delays in the investigation or defects in the investigator's procedure. The request is not bound by the deadline. This request, which must be made immediately to the prosecutor, must be dealt with immediately by the prosecutor. The applicant shall be informed of the outcome of the examination.
Search
Search Range and Search Bodies
(1) The search takes place on the offences of the theft of property in socialist property pursuant to Article 132 (1), the unlawful use of property in socialist property pursuant to § 133, the involvement in the damage to property in socialist property pursuant to § 134 (1) and (3), the theft of property in socialist property pursuant to § 135, the destruction of property in socialist property pursuant to § 137, the general threat to health pursuant to § 221 (1) and § 225 (1), the destruction of property in accordance with § 184, the illicit production of spirits pursuant to § 194a, the violence against a group of inhabitants and individuals pursuant to § 206, the non-provision of aid pursuant to § 201, the corruption pursuant to § 202, the trafficking of property pursuant to § 203, the trafficking of property pursuant to § 204, the freezing of property pursuant to Article 205, the prohibition of liens of property, the liens of property under § 206,
(2) Search takes place
(a) the National Security Corps bodies;
(b) in the College of Corrective Education, also the competent authorities of that College on the offences of its members;
(c) in the armed forces, the commanders or authorities entrusted by them with the offences of persons subject to their command, unless the law provides for a more severe penalty for such offences than that of imprisonment with an upper limit of not more than one year and the offences referred to in Article 294 (1) (a).
(3) As search bodies within the meaning of § 158 (3), § 160 and 170, they also operate:
(a) chiefs of penitentiary institutions or bodies appointed by them, in relation to the offences of persons in the execution of prison sentences or in custody;
(b) border guards in matters of national border control;
(c) ship captains on long-distance voyages of offences committed on that ship.
Search procedure
The search shall be carried out in accordance with the provisions of this Act of Investigation with the following derogations:
(a) the applicant shall be notified by the search authority to the defendant at the latest at the beginning of his first interview and shall record it in the record; a copy of this Protocol shall be sent to the Prosecutor within 48 hours at the latest;
(b) if the search authority does not consider it necessary to supplement the search proposed by the defendant or his lawyer, it shall not carry it out; make an entry in the record on the results of the search and the rejection of proposals to supplement it;
(c) Articles 164 (4) and 165 (1) shall not be used in the search;
(d) the search must be completed within one month of the start of the criminal prosecution and, if the offender has not been detected, within two months. If the search does not end within these time limits, the Prosecutor shall be entitled to extend the period by a maximum of a further month. Otherwise, he'll order an investigation.
Search authority procedure in the case where an investigation is required
(1) The search authority shall prosecute the case in which the investigation is to be carried out only if the matter is not to be deferred and if it cannot be achieved by the investigator; the search authority shall inform the investigator without delay of the initiation of the criminal prosecution and shall forward the case to him no later than three days after the initiation of the prosecution.
(2) Once the case has been referred to the investigator, the search authority may carry out the investigative tasks only as directed by the investigator (§ 164 (5)). Otherwise, he only acts to clarify things with the investigator's knowledge. However, in a case in which the perpetrator has not been identified, he continues to clarify the case and informs the investigator of its results.
Decisions of the investigator and the search authority
Submission
(1) The investigator or the search authority shall refer the matter to:
(a) to the local folk court, where the results of investigations or searches show that this is not a criminal offence, but a criminal offence;
(b) to an authority other than the local court of the people, where the results of investigations or searches show that this is not an offence, but that it is an offence or an offence for which that authority has jurisdiction.
(2) The investigator or the search authority may refer the case
(a) the local court of the People's Court, where the results of the investigation or search show that the offence is a minor danger to the society, the perpetrator regrets and demonstrates an effective effort to remedy it and if, in view of the person responsible and the educational strength of the collective, the handling of the case by the local court is sufficient to remedy the perpetrator; This may be the case, in particular, if the local folk court so requests,
(b) to the local folk court after acceptance of the social organisation guarantee under the conditions set out in Article 4 (1) and (2). In that case, it shall communicate its decision to the organisation which has taken over the guarantee and shall ask it to take the care, within the meaning of the guarantee, of the remedy of the defendant and to make good the damage caused by the offence if it has not already been done,
(c) the authority responsible for disciplinary action, if it is a criminal offence which can be dealt with by disciplinary action and the person who is accused and the nature of the offence may be considered sufficient.
(3) A copy of the order for referral must be served on the defendant and the injured party; The prosecutor must deliver it within 48 hours.
Stopping criminal prosecution
(1) The investigator or search authority shall stop the prosecution
(a) if there is no doubt that the action for which the prosecution is conducted has not occurred,
(b) if the act is not a criminal offence and there is no reason to refer the case,
(c) unless it is established that the offence was committed by the defendant,
(d) where criminal prosecution is inadmissible (Paragraph 11 (1)),
(e) the defendant was not liable for any criminal offence at the time of the act for insanity; or
(f) if the offence is committed.
(2) The investigator or search authority may stop the prosecution
(a) if the penalty to which the prosecution may lead is wholly without meaning, in addition to the penalty already imposed on the defendant for another offence or which is expected to affect it; or
(b) if the offence of the defendant has already been decided by the national committee or other body, disciplinary, disciplinary or foreign court or authority, and this decision may be considered sufficient.
(3) A copy of the order suspending the prosecution should be served on the defendant and the injured party. The prosecutor must deliver it within 48 hours.
Cease of prosecution
(1) The investigator or search authority shall suspend the prosecution
(a) if it is not possible to clarify the defendant's absence properly,
(b) if they do not lie to bring the accused to justice for a severe disease,
(c) if the accused is unable to understand the purpose of prosecution for a mental illness which occurred only after the crime has been committed,
(d) if the defendant is extradited or expelled, or
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Regulation Information
| Citation | Act No. 57 / 1965 Coll., amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code) |
|---|---|
| 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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