Act No. 63 / 1956 Coll.
Act amending and supplementing Criminal Act No. 86 / 1950 Coll.
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Effective from 01.01.1957
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63.
Law
of 19 December 1956
amending and supplementing Criminal Act No. 86 / 1950 Coll.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The sentence of imprisonment, as laid down in the criminal law, shall be abolished; the sentence of 25 years in prison takes place.
Where a single death penalty is laid down in a specific part of the criminal law, a custodial sentence shall be set for 25 years.
All provisions of the special part of the criminal law shall be repealed where they provide:
(a) that conditional conviction is excluded;
(b) that a reduction in the sentence is excluded;
(c) the obligation to impose a pecuniary penalty;
(d) the obligation to declare the forfeiture of assets;
(e) the possibility of declaring a loss of citizenship;
and those provisions of the general part of the criminal law which refer to the provisions referred to in points (a) and (b).
The general part of the criminal law is amended and added as follows:
1. In Article 14 (2), the words "association against the Republic (§ 79 and 80), sabotage pursuant to § 84," shall be replaced by the words "subversion of the Republic (§ 79a), terror (§ 80a), corruption (§ 84), sabotage (§ 85)," and the words "murder of a constitutional official (§ 104), injury to a constitutional official (§ 105 and 106), conspiracy to attack a constitutional official (§ 107), violence against a constitutional official (§ 108), personalisation of a constitutional officer (§ 109)," shall be deleted; the words "and pimping (§ 243a) 'shall be inserted after the words" trade in women (§ 243)';
2. The following Section 17a is inserted after Section 17:
Abandonment of punishment
The court may waive punishment if the offence is minor and the offender otherwise leads the working person's proper life; If he forgoes judgment from punishment, he looks at the perpetrator as if he were not condemned. "
3. in Paragraph 18 (2), point (a) is deleted;
4. Article 19 (1) reads as follows:
"(1) In order to measure the sentence, the court shall take into account the degree of danger to society, in particular with regard to the manner in which the offence is committed, its consequences, the extent of the fault, the person responsible, the possibility of rectification and the circumstances aggravating and mitigating it. ';
5. in Article 21 (a), the words "which is close to insanity" shall be replaced by the words "reduced sanity."
6. Paragraph 22 (2) to (4) reads as follows:
"(2) If the court condemns the offender for an offence committed before the judgment on another offence has been pronounced in the first chair, it shall impose an additional penalty to supplement the sentence previously imposed as if it were a total penalty under paragraph 1. The court will not impose another punishment if it considers that the punishment previously imposed is sufficient. Even in this case, it will again decide on a conditional conviction (§ 26).
(3) Where a remedy has been imposed by a previous judgment and the court imposing an additional penalty does not impose a further remedy, it shall abolish the corrective measure originally imposed and provide for an adequate penalty for both offences as a total penalty under paragraph 1.
(4) The provision on the additional sentence shall not be used if, as regards the previous conviction, the perpetrator is regarded as not being convicted. ';
7. Article 24 (1) reads as follows:
"(1) The Court of First Instance shall, on condition, postpone the execution of a sentence of imprisonment not exceeding two years if, in view of the previous life of the offender and the circumstances of the case, it is justified that the purpose of the sentence will be achieved even without its enforcement. '
8. Paragraph 25 (1) of the first sentence reads: "In a conditional conviction, a trial period shall be set by the court for one to three years; However, if they delay the execution of a prison sentence of more than one year, the probationary period shall be two to five years. ';
Paragraph 25 is added to paragraph 3:
"(3) The period of time during which the sentenced person has had a proper life of the working person during the trial period and has complied with the conditions imposed shall be counted against the probationary period newly determined in the context of the conditional conviction for the same act or the probationary period determined in accordance with Article 26."
9. Paragraph 27 (1) at the end is added as follows:
"If the court declares that the convicted person has proven himself, it shall decide at the same time whether the remainder of the outstanding sentence of the prohibition of activity and the prohibition of residence shall be enforced; the replacement prison sentence for a cash penalty is not executed in this case. ';
10. Article 29 (2) and (4) shall be deleted; In paragraph 3, the first sentence is deleted after the semicolon and the second sentence is amended to paragraph 2.
11. in Paragraph 30 (1), the words "the seriousness of mitigating circumstances" shall be replaced by the words "the degree of danger to society."
12.Paragraph 2 is added to Paragraph 31:
"(2) The prison sentence imposed on the offender for an offence committed before any other prison sentence has been imposed on him shall not be more than twenty-five years, if such a sentence has already been partially executed, together with the remainder. '
13. Paragraph 36, including the title, shall be deleted.
14.
"(1) Instead of a prison sentence which would not exceed six months, the court shall impose a corrective measure on the offender for one month to one year, if it considers that this punishment is sufficient to achieve the purpose of the sentence.
(2) Corrective measures may not be imposed
(a) a soldier in active duty;
(b) a member of a military body or other body whose members are subject, under special laws, to provisions on military offences in active service;
(c) a prisoner of war; or
(d) if there are other circumstances preventing the execution of this sentence. "
15. Paragraph 42, including the title, shall be deleted.
16.
"The court will declare the loss of civil rights if it condemns the perpetrator to death. In view of the gravity of the act and the rejectability of the motives, the court may also declare the loss of civil rights if it condemns the perpetrator for an intentional offence for imprisonment over two years. '
17.
"(1) The loss of civil rights depends on the defendant losing
(a) the right to vote;
(b) the right to serve as judge and judge of the people,
(c) scientific and artistic degrees;
d) Czechoslovak honours and honours, the right to wear foreign honours and the right to use foreign honours.
(2) The Tribunal may make a loss of all or only one of the rights referred to in paragraph 1.
(3) The loss of the rights referred to in paragraph 1 (a) and (b) shall continue for a period of time, unless the sentence of imprisonment has been served or remitted, or the execution of such sentence has been suspended; However, the court may provide that such loss shall continue for up to five years after the sentence has been served. The loss of rights referred to in points (c) and (d) shall always be permanent. ';
18. Paragraph 46 (1) to (3) reads as follows:
"(1) The court will declare a loss of military rank if it imposes a sentence of expulsion.
(2) In view of the gravity of the offence and the inviolability of the motives, the court may declare a loss of military rank if it condemns the perpetrator for an intentional offence for imprisonment exceeding two years.
(3) A military court and a military college of the Supreme Court may also declare a loss of military rank if the interests of the service so require in the light of the criminal offence. "
The designation of paragraph 2 shall be amended to paragraph 4.
19. Paragraph 47 (1) to (3) reads as follows:
"(1) In view of the nature and gravity of the offence and the circumstances of the perpetrator, the Court may declare the forfeiture of the property if it condemns the offender to the death penalty or for a criminal offence exceeding two years of imprisonment.
(2) The forfeiture of the property affects all or part of the property of the offender determined by the court; the forfeiture does not, however, apply to means or items which are necessary to satisfy the life needs of the perpetrator or persons whose nutrition or education the offender is legally obliged to take care of.
(3) The operative part of the claim for forfeiture of assets ceases to exist. "
The designation of paragraph 3 shall be amended to paragraph 4.
20. Paragraph 48 (1) reads as follows:
"(1) Along with the sentence of imprisonment, the court may also impose a monetary penalty if the perpetrator has committed an intentional crime of hostility to the people's democratic order or committed a crime of proficiency. The penalty for money will not be imposed, if it is obvious that it is impenetrable. In addition to the penalty of forfeiting wealth, the penalty of money cannot be imposed."
Paragraph 48 (2) of the second sentence reads: "The penalty shall be calculated by an amount of between 100 and 50.000 CZK."
21. In Paragraph 51 (1) and (2), the words "temporarily or forever" are deleted and paragraph 2 (c) is deleted.
Paragraph 51 (3) of the sentence before the semicolon reads:
"The prohibition referred to in paragraph 1 or 2 shall be fixed by the court for one year to ten years. ';
22. In § 53, the words "temporarily or forever" are deleted.
Paragraph 53 is added to paragraph 2:
"(2) The prohibition referred to in paragraph 1 shall be set by the court for three to ten years; the period of imprisonment shall not count until that period. ';
23. in Paragraph 55 (1), the words "they shall normally declare" shall be replaced by the words "they may declare."
24. § 58 reads:
"The court may dispense with the punishment of a juvenile,
(a) if the young person could not fully recognise, for an excusable reason, that his actions were dangerous to society,
(b) if the offence is of minor importance; or
(c) if the court considers that the protection education it also directs will fulfil the purpose of the sentence. "
25. In Paragraph 59, point (b) is deleted.
Article 26 (61) (1) reads as follows:
"(1) The court may give a conditional sentence to a juvenile, provided that the sentence imposed does not exceed three years. The test period shall be set for one year to three years. ';
27. in § 64 (1), the words "association against the Republic (§ 79 and 80), sabotage (§ 84 and 85)," shall be replaced by the words "subversion of the Republic (§ 79a), terror (§ 80a), corruption (§ 84), sabotage (§ 85)," and the words "conspiracy to attack a constitutional officer (§ 107), threat to a single economic plan under § 135," shall be deleted.
28. The following Section 64a is inserted after Section 64:
Termination of the danger to society
The punishment for the crime shall cease if the danger of the crime for the company has passed. "
29. Paragraph 67 (1) (a) to (c) reads as follows:
"(a) 10 years, if there is a sentence for imprisonment exceeding five years,
(b) five years if there is a sentence for imprisonment exceeding one year;
(c) three years if there is a sentence for imprisonment not exceeding one year. "
30. Paragraph 68 (1) shall be added as follows: "and the remainder of the outstanding sentence shall not be enforced."
31. In Paragraph 70 (1), the sentence behind the semicolon reads: "the court may also do so if the offender has committed an offence in a state of reduced sanity and his freedom is dangerous or if the offender is committed to excessive consumption of alcoholic beverages or narcotic drugs, drunk or other similar intoxication or intoxication."
32. Paragraph 73 (1) of the sentence behind the semicolon reads: "If the interest of the inmate so requires, it may be extended until the end of the nineteenth year."
33. In Paragraph 74 (1), the words "pronounce the court as a rule 'are replaced by the words" be allowed to speak'.
34. in Paragraph 76 (3), point (c) is deleted and in paragraph 4, the word "continuous" is inserted before the word "committing."
The specific part of the criminal law is amended as follows:
Article 78 (1) and (2) reads as follows:
"(1) Those who attempt to destroy the independence of the Republic, destroy or break down its people's democratic state or social order, destroy the facilities of the working people achieved in the construction of socialism, destroy or destroy the territorial integrity of the Republic or undermine its defensibility will be punished by deprivation of liberty for ten to twenty-five years.
(2) Who
(a) the act referred to in paragraph 1 shall be brought together with someone; or
(b) for such an act it comes into contact with a foreign authority or a foreign factor;
he will be punished by deprivation of liberty for five to 20 years. "
Paragraph 78 (3) (b) reads as follows:
"(b) if the independence of the Republic, its popular democratic state, the social order, the availability of the working people achieved in the construction of socialism, territorial integrity or defence of the Republic are significantly threatened by such an act, ';
In Paragraph 78 (3), point (c) is deleted; the designation of the existing points (d), (e) and (f) is changed to points (c), (d) and (e).
2. Sections 79 and 80, including the title, are deleted.
3. The following Section 79a is inserted after Section 78:
Subversion of the Republic
(1) Who, out of hostility to the people's democratic order, carries out subversive action against the independence of the Republic, against its popular democratic state or social order, against the achievements of the working people in the construction of socialism, against the territorial integrity or defence of the Republic, will be punished by deprivation of liberty for one to five years.
(2) In the same way, who will be punished
(a) establish an organisation for the act referred to in paragraph 1; or
(b) they are associated with or have contact with a foreign authority or a foreign agent for such an act.
(3) By withdrawing liberty for three to ten years, the perpetrator will be punished,
(a) if the offence referred to in paragraph 1 or 2 is committed at increased risk to the country; or
(b) if there is another particularly aggravating circumstance.
(4) Those who associate themselves with a person in the act referred to in paragraphs 1 to 3 shall be punished by deprivation of liberty for three months to three years. "
4. The following Section 80a is inserted after Section 79a:
Terror
(1) Those who intend to deter or prevent someone from taking an active part in the construction of a People's Democratic Republic, will harm someone's health or cause significant damage to property or any other serious harm or attempt to do so will be punished by deprivation of liberty for three to ten years.
(2) By withdrawing liberty for five to twenty years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed as a member of the association;
(b) if a major damage to property is caused by such an act,
(c) if such an act intends to cause serious harm to health,
(d) if such an act results in serious harm to health; or
(e) if there is another particularly aggravating circumstance.
(3) By withdrawing liberty for 25 years or death, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 intends to cause death, or
(b) if the life of many people is threatened by such an act or if such an act results in death.
(4) Those who associate with one or two of the offences referred to in paragraph 1 or 2 shall be punished by deprivation of liberty for one to five years; those who associate with one of the offences referred to in paragraph 3 shall be punished by deprivation of liberty for three to ten years.
(5) Anyone who intends to deter him from active participation in the construction of a People's Democratic Republic or to prevent him from doing so threatens to cause death, harm to health, material damage to property or any other serious harm to him will be punished by deprivation of liberty for six months to five years. "
5. Article 81 (1) reads as follows:
"(1) Who out of hostility to the people's democratic order
(a) publicly or at least two persons oppose the Republic, its independence, its popular democratic state or social order, the achievements of the working people in the construction of socialism, the territorial integrity or the defence of the Republic; or
(b) intentionally permit or facilitate the spread of such outrageous speech;
he will be punished by the withdrawal of liberty for three months to three years. "
The heading shall be placed under Paragraph 81.
6. Article 82 shall be deleted;
7. Article 84, including the title, reads:
Damage
(1) Who, out of hostility to the people's democratic order, will destroy, damage or make unfit property, which is in socialist property, intended to thwart or harass
(a) the operation or development of a national enterprise, folk cooperative or other organisation of the socialist sector; or
(b) the operation of an important public utility facility;
he will be punished by deprivation of liberty for five to 20 years.
(2) By withdrawing liberty for 25 years or death, the perpetrator will be punished,
(a) where the act referred to in paragraph 1 is thwarted or significantly impeded by the implementation or implementation of a national economic development plan in a particularly important section;
(b) if the important interests of the country's defence are significantly threatened by such an act,
(c) if the life of many people is threatened by such an act or if such an act results in death; or
(d) if there is another particularly aggravating circumstance.
(3) Those who associate themselves with a person in the act referred to in paragraph 1 or 2 shall be punished by deprivation of liberty for three to ten years. "
8.
Sabotage
(1) Who, out of hostility to the people's democratic order, fails to fulfil or violates the obligation of his profession, employment or service or circumvents or commits otherwise
(a) to thwart or make it difficult for the national economy to implement or implement a national development plan in a section; or
(b) to cause a serious disturbance in the activities of the Office or any other public authority, national enterprise, folk cooperative or other organisation of the socialist sector;
he will be punished by deprivation of liberty for three to ten years.
(2) By withdrawing liberty for ten to twenty years, the perpetrator will be punished,
(a) where the action referred to in paragraph 1 is significantly hampered by the implementation or implementation of a national economic development plan in a particularly important section;
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Regulation Information
| Citation | Act No. 63 / 1956 Coll., amending and supplementing Criminal Act No. 86 / 1950 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1956 |
|---|---|
| Effective from | 01.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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