Act No. 62 / 1961 Coll.
Law on the organisation of courts
Valid
Effective from 06.07.1961
Contents
Hlava první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
Hlava druhá
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
Hlava třetí
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
Hlava čtvrtá
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Hlava pátá
§ 63
§ 64
§ 65
§ 66
Hlava šestá
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
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62
THE LAW
of 26 June 1961
on the organisation of courts
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
System of courts and the main principles of their organisation and activity
System of courts
(1) Judgments are carried out by elected and independent folk courts: Supreme Court, Regional and District Courts, Military Courts (High Military Courts and Military Circular Courts), and local People's Courts.
(2) In the territory of the capital city of Prague, the jurisdiction of the Regional Court shall be exercised by the Municipal Court; the jurisdiction of the district courts shall be exercised by the district courts.
Tasks of the courts
(1) The courts are called upon to protect:
(a) the socialist state, its social establishment and relations with the world socialist system;
(b) political, personal, family, labour, social, housing, property and other rights and the legally protected interests of citizens;
(c) the rights and the legally protected interests of national, cooperative and other social and economic organisations;
(d) the fighting capacity of the armed forces and armed corps and the discipline and order provided for therein.
(2) With their activities, the courts raise citizens to be committed to their country, to the matter of socialism and communism, to the observance of laws and other laws, to the protection of socialist property, to respect for labour discipline, to respect for the rights, honour and seriousness of their fellow citizens, to the fulfilment of the obligations imposed on them by the defence of their country, to the honesty of all obligations towards the state and society and to the observance of all the rules of socialist coexistence.
(3) When imposing penalties (measures), the courts take into account not only the punishment of a criminal offence or offence, but also its improvement and reeducation.
(4) The courts draw the attention of the authorities and organisations to the shortcomings found in their activities. The authorities and organisations shall respond to these warnings and communicate what they have done to address the deficiencies identified.
(1) The courts shall perform their tasks in particular by:
(a) decide on the rights and the legally protected interests of citizens and socialist organisations;
(b) that they impose penalties (measures) on persons who have committed a criminal offence (offence).
(2) The courts carry out educational activities among citizens to promote the socialist rule of law and to deepen the socialist legal consciousness of workers.
Basic principles for the organisation and operation of courts
(1) The judiciary is carried out with the broad participation of the working people. In carrying out their tasks, the courts shall work closely with other state bodies, in particular national committees and voluntary social organisations of workers, and shall endeavour to involve the widest classes of citizens in the fight against violations of the socialist rule of law.
(2) In legal proceedings, representatives of voluntary social organisations, in particular social prosecutors or social defenders, may also speak.
(1) The courts shall decide in principle in the choirs (chambers, presidium, plenary).
(2) The Chambers of the Supreme Court, the Regional, District and Military Courts consist of, on the one hand, judges who perform their duties as their profession and, on the other hand, judges who perform their duties alongside their employment. Both judges are equal in their decisions.
As a general rule, judicial proceedings are carried out in two stages.
The judges are independent in the performance of their duties and are bound only by the law of the Czechoslovak Socialist Republic. They are obliged to abide by laws and other laws and to interpret them in accordance with the socialist legal conscience.
(1) All citizens are equal before the law and in court.
(2) Every citizen can act in his mother tongue in court.
(1) Negotiations before all courts are essentially oral and public. The public may be excluded only in cases provided for by law.
(2) Judgments are declared on behalf of the Republic and always publicly.
(1) The courts shall proceed in the proceedings in order to establish the actual situation of the case and shall base their decisions on it.
(2) When discussing antisocial acts, the courts may impose only the penalties (measures) provided for by the law and the acts referred to in the law.
The defendant shall be granted the right of defence, including the right to elect an attorney.
Participation of lawyers in legal proceedings
In defending citizens and providing other legal assistance to citizens and socialist organisations, the lawyers of the association are active in law advisory services.
Participation of prosecutors in legal proceedings
The prosecutors shall, in accordance with the provisions of the Rules of Procedure and other law, take part in the proceedings before the courts and supervise the legality of the procedure and decisions of the courts and the legality of the enforcement of judgments.
Organisation and activity of courts
Local People's Courts
(1) Local folk courts shall consist of the President of the Court, his representative and other judges of the local People's Court; all judges of local folk courts shall perform their duties alongside their employment.
(2) Local folk courts are established in municipalities and workplaces.
(3) The scope of the jurisdiction of local folk courts, the way in which they are established, their term of office and the principles of their organisation and conduct are laid down in a special law.
District courts
(1) The District Court is composed of the President of the Court, the Deputy Deputy President of the Court and other Judges.
(2) The District Court shall act in chambers.
(3) The Chambers of the District Court consist of a professional judge and two judges.
(1) The district courts shall rule as first instance courts in cases in which the law does not lay down the jurisdiction of another court.
(2) The district courts decide:
(a) appeals against decisions of local folk courts and complaints against decisions of state notaries;
(b) complaints for infringements of the law brought against decisions of local folk courts.
(3) The District Courts shall also rule on appeals or, where appropriate, conduct proceedings in other cases where specific provisions so provide.
(4) The county courts continue to monitor the decisions of local folk courts and help to ensure consistency in the decision-making of the guilty.
(1) President of the District Court:
(a) may preside over any Chamber of Justice,
(b) monitor the decisions of all chambers of the District Court and ensure the consistency of their decisions;
(c) may lodge complaints against the final decisions of local folk courts for infringement of the law;
(d) organise and manage the work of the court;
(e) carry out the administration of the District Court, in particular ensuring its proper functioning in the personal, economic and financial aspects and providing for the political and professional education of judges and other staff of the District Court.
(2) The President of the District Court shall be represented in his absence by the Deputy President of the District Court.
Regional courts
(1) The Regional Court is composed of the President of the Court, his Vice-Presidents and other Judges.
(2) The Regional Court shall decide in the chambers and in the presidium.
(3) The Chambers of the Regional Court consist of:
(a) a professional judge and two judges, if the regional court decides as a court of first instance,
(b) three professional judges and two judges, if the regional court decides as a second degree court;
(c) in other cases, three professional Judges.
(1) The Regional Courts supervise the judicial activity of all courts in their constituency by:
(a) monitor the decisions of all courts in their constituency and ensure its consistency;
(b) they shall act as courts of the second instance in cases in which the district courts have ruled as courts of the first instance;
(c) decide on complaints made by the Regional Prosecutor or the President of the Regional Court against final decisions of the District Court in cases in which those courts have final decisions pursuant to the Law, except in cases in which those courts have decided on complaints relating to infringements of the law and against final decisions of the State notaries.
(2) As courts of the first instance, the regional courts shall rule in matters laid down by law or ordered by the Supreme Court.
(1) The Presidium of the Regional Court consists of the President of the Regional Court, his Deputy Judges and two other professional Judges. A resolution may be valid in the presence of a majority of its members.
(2) Presidium of the Regional Court:
(a) discuss the matters of the supervision of the Regional Court of the judicial activity of all courts operating in the district of the Regional Court;
(b) decide on complaints for infringements of the law brought against final decisions of the district courts and state notaries.
(3) Complaints for infringement of the law shall be decided by the Presidium of the Regional Court in a private session; the Regional Prosecutor is obliged to attend this meeting.
(1) President of the Regional Court:
(a) may preside over any Chamber of Justice,
(b) monitor the decisions of all chambers of the Regional Court and ensure the consistency of their decisions;
(c) manage and preside over the presidium of the Regional Court;
(d) may lodge complaints concerning infringements of the law against final decisions of the District Courts in cases in which those courts have final decisions under the law, with the exception of those in which those courts have decided on complaints concerning infringements of the law and against final decisions of the state notaries;
(e) appoint two permanent members of the Presidium of the Regional Court and the President of the Chambers of the Regional Court from among the judges of the Regional Court;
(f) organise and manage the work of the Regional Court;
(g) perform the administration of the Regional Court, in particular to ensure its proper functioning in personal, economic and financial terms, to provide for the political and professional training of judges and other staff of the Regional Court and to manage and control the administration of the District Courts.
(2) The President of the Regional Court shall be represented in his absence by the Deputy President of the Regional Court.
Military courts
(1) The Military Circuit Court and the Senior Military Court shall consist of the Chief and, where appropriate, his representative and other Judges.
(2) Military courts shall rule in chambers.
(3) Chambers of the Military District Court consist of a professional judge and two judges.
(4) Chambers of the Supreme Military Court consist of:
(a) of the professional judge and of the two judges, if the higher military court decides as a court of first instance;
(b) three professional judges and two judges, if the higher court of war decides as a second instance court;
(c) in other cases, three professional Judges.
(1) Military courts shall deal with the offences of members of the armed forces and armed forces, prisoners of war and, where appropriate, other persons to whom the law so provides.
(2) The cases referred to in paragraph 1 shall be dealt with as courts of the first instance by military district courts, unless higher military courts are legally competent to deal with them.
(3) The higher military courts oversee the judicial activity of all military district courts in their constituency by:
(a) to monitor the decision-making of the military district courts and ensure its unity;
(b) that they shall act as second-degree courts in cases in which military circumferential courts have ruled as first-degree courts.
(4) As courts of the first instance, higher military courts shall rule in matters governed by law or ordered by the Supreme Court.
(1) Chief of Military Court:
(a) may preside over any Chamber of Justice,
(b) monitor the decisions of all chambers of the military court and ensure the consistency of their decisions;
(c) organise and manage the work of a military court;
(d) provide for the political and professional training of judges and other staff of the military court;
(e) perform other duties which are given by his military service ratio.
(2) In addition, the Chief of the Supreme Military Court ensures the organisation of the supervision of the Supreme Military Court on the judicial activities of all military district courts in its district.
Supreme Court
(1) The Supreme Court shall consist of the President of the Court, his Vice-Presidents and other Judges.
(2) The Supreme Court shall act in chambers, presidium and plenary.
(3) The Chambers of the Supreme Court consist of:
(a) if the Supreme Court decides as a second instance court, three professional judges and two judges,
(b) in other cases, three professional Judges.
The Supreme Court is the highest judicial authority to oversee the judicial activity of all other courts. The Supreme Court shall in particular:
(a) ensure uniform interpretation and application of laws and other legislation, in particular by issuing directives for their proper interpretation;
(b) decide as a second-degree court in cases in which they ruled as courts of the first instance of the regional courts and higher military courts;
(c) decide on complaints for infringements of the law brought against final decisions of the District, Military District, Regional and Higher Military Courts and Supreme Court, with the exception of cases in which the courts have decided on complaints for infringements of the law and other cases in which the regional courts are competent to decide on complaints for infringements;
(d) monitor and generalise judicial activity.
The Supreme Court may, under the conditions laid down in the Rules of Procedure, at the request of the President of the Supreme Court or of the Attorney General, withdraw the case to the competent court and order it to be heard and the judgment of another court.
(1) Judgments of the Supreme Court shall constitute a criminal, civil and military college according to their section of activity. The President of the College shall be Deputy President of the Supreme Court.
(2) The Presidents of the College shall organise the activities of the College and shall report to the full Court on their activities.
(1) The Presidium of the Supreme Court consists of the President of the Supreme Court, his Vice-Presidents and three other professional judges, which shall be determined by the President of the Supreme Court after one of each College. The presidium may be valid for a resolution in the presence of a majority of its members.
(2) The Presidium of the Supreme Court in particular:
(a) prepare the documents for the hearing of the Supreme Court;
(b) discuss matters relating to the supervision of the Supreme Court, regional courts and higher military courts in the activities of other courts;
(c) decide on complaints against decisions by the Chambers of the Supreme Court for infringement of the law, unless they decide to submit such a complaint to the decision of the Supreme Court.
(3) The Presidium of the Supreme Court meetings are not public, but may be attended by the Prosecutor General and the Minister of Justice. The Prosecutor-General shall attend meetings of the Supreme Court Presidium in the event of complaints concerning infringements of the law and in other cases where the law so provides.
(1) The Plenum of the Supreme Court consists of the President of the Supreme Court, his Vice-Presidents and other Judges in the occupation of the Supreme Court. A decision may be taken validly in the presence of at least two thirds of all judges in the profession of the Supreme Court.
(2) In particular:
(a) to ensure the uniform interpretation and application of laws and other laws and regulations for their proper interpretation,
(b) decide on complaints for infringement of the law referred to him by the Presidium of the Supreme Court;
(c) discuss reports by the Presidents of the College of the Supreme Court on the activities of those colleges.
(3) The plenary sessions of the Supreme Court are not public, but may be attended by the Attorney General, the Minister of Justice and, with the advisory vote, by the Presidents of the Regional Courts and by the chiefs of the higher military courts. The Prosecutor-General shall attend the plenary session of the Supreme Court on a compulsory basis when dealing with complaints concerning infringements of the law.
(4) The Plenum of the Supreme Court is convened at least once every three months.
(1) President of the Supreme Court:
(a) ensure consistency in the decisions of the Supreme Court;
(b) may preside over any Chamber of Justice,
(c) convene the plenary and presidium of the Supreme Court, preside over them and set out the agenda for their deliberations;
(d) may lodge complaints against final decisions of the District, Military District, Regional and Higher Military Courts and Supreme Court, with the exception of cases in which those courts have decided on infringement complaints and other cases in which regional courts are competent to decide on infringement complaints;
(e) appoint three permanent members of the Presidium of the Supreme Court and of the President of the Chambers of the Supreme Court, except for the Presidents of the Chambers of the Military College of the Supreme Court;
(f) organise and manage the work of the Supreme Court;
(g) conduct the administration of the Supreme Court, in particular to ensure the proper functioning of the Court on a personal, economic and financial basis, and to ensure the political and professional training of judges and other staff of the Supreme Court, with the exception of the Military College of the Supreme Court.
(2) The President of the Supreme Court is represented in his absence by the Deputy President of the Supreme Court.
The proceedings of the Supreme Court shall be settled in accordance with the Rules of Procedure, which shall specify the organisation of the work in the Supreme Court.
Seats and districts of district, county and military courts
(1) The seats and districts of the District and Regional Courts are the same as those of the District and Regional National Committees.
(2) The Minister of Justice may provide for a case of a particular kind to be dealt with by a district court of several district national committees.
(3) Military district courts and higher military courts shall establish and abolish the President of the Republic, who shall also determine their registered offices, districts and jurisdiction.
Proceedings outside the seat of the court
In order to increase the educational effect of the court proceedings, the courts may discuss individual cases directly at the premises of the establishments or other places outside their seat. Military courts may negotiate with armed forces and armed corps.
Election of Judges
Election period
(1) Judges of the Supreme Court, Regional and District Courts are elected for four years.
(2) Judges of the Military Courts and Judges of the Military College of the Supreme Court shall be elected for a period of time for which they are engaged in an active military service or for which they are members of the Armed Corps, but not more than four years.
Options for choice
(1) Any citizen of the Czechoslovak Socialist Republic who is committed to the socialist establishment can be elected a professional judge, has the right to vote in the representative corps, reaches the age of 23 and has the necessary expertise.
Contents
Hlava první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
Hlava druhá
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
Hlava třetí
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
Hlava čtvrtá
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Hlava pátá
§ 63
§ 64
§ 65
§ 66
Hlava šestá
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
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Regulation Information
| Citation | Act No. 62 / 1961 Coll., on the organisation of courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.07.1961 |
|---|---|
| Effective from | 06.07.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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