Decret No. 62 / 1945 Coll.
Decret of the President of the Republic on criminal proceedings
Valid
Effective from 10.09.1945
62.
Decret of the President of the Republic
of 8 August 1945
on criminal relief.
On the proposal of the Government,
The Code of Criminal Procedure of 23 May 1873, No 119, is amended as follows:
1. In Article 13, the last paragraph is deleted and the last paragraph is replaced by the following:
"Choir courts of the first stools shall be heard by three judges, one of whom shall preside."
2. In Paragraph 15, the last sentence is:
"The Court of First Instance of the second storehouse shall be held by three judges, one of whom shall preside."
3. Paragraph 34 (a) and (b) of the following text are inserted after § 34:
The prosecution of an action by a public action may be waived if the sentence to which it may prosecute is not relevant in addition to the sentence already imposed on the defendant for another act or which, as can be expected, affects it for another act.
If an act is to be decided by the district courts, it shall be waived from prosecution by public action if the offender's guilt is trivial and the consequences of the crime are insignificant, unless the public interest seeks punishment. "
4. The following paragraph shall be inserted as last paragraph of Paragraph 48:
"A private participant is not entitled to file a public action in place of a public prosecutor if the prosecutor has waived the prosecution provided for in Sections 34 (a) and 34 (b). '
5. The first paragraph of Paragraph 270 reads:
"The sentence shall be written and signed by the President and the Registrar within eight days, counting from the date of the declaration."
6. Paragraph 283, first paragraph, reads as follows:
"An appeal may be made only against the sentence of the sentence, unless there is a cause of confusion referred to in § 281, § 11, and against the statement on claims of private law. All those who are entitled to lodge a misconduct complaint may appeal against the sentence."
7. The following shall be inserted after Paragraph 363 (a):
If the prosecution of a public action has been dismissed pursuant to Paragraph 34 (a) and if the offence has not yet been passed by statute of limitations, criminal proceedings against the defendant may be initiated or continued without conditions and formality of recovery, but only under the following conditions:
1. If the prosecution has been waived in the light of the sentence already imposed on the defendant for another offence, that penalty shall be deducted;
2. where the prosecution has been waived in the light of a sentence which is likely to affect the accused for another offence, criminal proceedings shall be initiated or continued within three months of the legal authority of the decision by which the proceedings for that other act have been concluded. ';
8. The following text shall be inserted as the last sentence of Paragraph 449:
"This right is not for a private party if the prosecution has been waived under the provisions of Sections 34 (a) and 34 (b). '
This decree shall take effect on the third day following its publication and shall apply only to the territory of the Czech and Moravian-Silesian countries; to be carried out by the Minister for Justice.
Dr Beneš v. r.
Fierlinger v. r.
Dr Stránská v. r.
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Regulation Information
| Citation | Decree No. 62 / 1945 Coll., on Relief in Criminal Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.1945 |
|---|---|
| Effective from | 10.09.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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