Act No. 65 / 1956 Coll.
Law on the Prosecutor
Valid
Effective from 01.01.1957
Contents
ČÁST PRVNÍ.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
ČÁST DRUHÁ.
Oddíl 1.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
Oddíl 2.
§ 14.
§ 15.
Oddíl 3.
§ 16.
§ 17.
§ 18.
Oddíl 4.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
ČÁST TŘETÍ.
Oddíl 1.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
Oddíl 2.
§ 30.
§ 31.
§ 32.
Oddíl 3.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
ČÁST ČTVRTÁ.
§ 38.
§ 39.
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65.
Law
of 19 December 1956
about the prosecution.
The National Assembly of the Czechoslovak Republic decided on the following Act:
BASIC PROVISIONS
The Attorney General shall exercise the highest supervision of the maintenance of socialist legality on behalf of the State; it guards, promotes and strengthens socialist legality, in particular by:
oversees the correct and uniform application and maintenance of laws and other legislation throughout the Republic, regardless of any local differences and any local influences,
educates citizens to maintain the laws and other laws in a precise and consistent manner, to protect socialist property, to protect labour discipline, to carry out the duties imposed on them by the State's defence, and to maintain the rules of socialist coexistence.
(1) The Prosecutor General shall be appointed and dismissed by the President of the Republic on a proposal from the Government, in whose hands the Prosecutor General shall take the oath (Paragraph 33 (1)).
(2) The Attorney General shall perform his duties either alone or through subordinate prosecutors.
(3) Prosecutor-General
(4) The General Prosecutor is also under investigation (§ 30).
(5) In all their activities, prosecutors rely on the initiative of the working people and their organisations and work with them. Everyone has the right to contact the prosecutor with complaints, suggestions, initiatives and recommendations to consolidate socialist legality; The prosecutor shall deal with them and deal with them within the time limits set.
The Attorney General
1. Supervision of the correct and uniform application and conservation of laws and other legislation by national committees, ministries, mandates, other offices, institutions and bodies, executive bodies of national committees, national and other undertakings, cooperatives and other organisations, as well as individual citizens (general supervision),
2. prosecuting persons who have committed offences or offences;
3. supervision of the observance of legality by criminal preparatory management bodies;
4. Participation in proceedings before courts and the supervision of the legality of judgments of courts and notaries,
5. the supervision of the maintenance of legality in the places where the detention is carried out, the punishment for imprisonment, protective treatment and protective education.
The highest supervision of the correct and uniform application and observance of laws and other laws is primarily protected by the Prosecutor General
the social order and state establishment of the Republic, its socialist construction and socialist ownership,
the political and personal rights of citizens, employment rights, the right to use the apartment, other property rights and citizens' interests against illegal restrictions,
the rights and interests of the State, national committees, courts and other state bodies, national and other undertakings, cooperatives and other socialist organisations,
the fighting capacity of the armed corps, discipline and order provided for therein, the integral command power, as well as the rights of members of the armed corps, thereby contributing to the defence of the homeland.
The Prosecutor-General is obliged to take measures to eliminate the violation of socialist lawfulness, regardless of who has violated it, and to ensure that anyone who has caused it to be held accountable.
(1) The Prosecutor-General shall take part in the consultative meetings of the Government and the College of Authors.
(2) The prosecutors shall be entitled to take part in the advisory meetings of the national committees, their bodies and other bodies of state administration, the bodies of cooperatives, economic, budgetary and similar organisations.
National committees, ministries, mandates, other offices, institutions and bodies, courts, executive bodies of national committees, national and other undertakings, cooperatives and other organisations are obliged to assist prosecutors in the performance of their duties, with a view to speeding up their request, in particular to lend them the requested files. They are also required to draw the attention of prosecutors to infringements of laws and other legislation which have not been removed under their own jurisdiction.
(1) Everyone is obliged, at the request of the prosecutor, to come to him and give him the necessary explanations.
(2) An explanation may be refused by any person who would in so doing infringe the legally imposed or recognised obligation of confidentiality, unless it is waived by the competent authority or in the interests of which he or she has such an obligation, or who would thereby cause a risk of criminal prosecution to his or her relative in a direct, adopted, adopted, married or related generation in a direct or similar family or similar generation, the detriment of which he or she would rightly feel as harm to his or her own.
(3) Those who appear at the request of the prosecutor pursuant to paragraph 1 shall be entitled to reimbursement of the necessary expenses and missed remuneration for the work. The claim shall cease if it is not valid within three days of its completion.
(4) The provisions of paragraphs 1 to 3 shall not apply to acts of a prosecutor in accordance with the provisions of the Code of Criminal Procedure.
PROCURATOR SURVEILLANCE.
General supervision.
(1) The prosecutors shall supervise,
(a) national committees, ministries, mandates, other authorities, bodies and bodies, executive bodies of national committees, national and other undertakings, cooperatives and other organisations, as well as individual citizens, correctly and uniformly apply and maintain laws and other legislation;
(b) that no one is illegally restricted in their rights.
(2) In particular, prosecutors are entitled to carry out these tasks:
(a) request the submission of generally binding regulations of national committees, directives, revenues, resolutions and other acts issued by the authorities referred to in paragraph 1 (a) in order to verify that such acts have not been infringed by laws and other legislation;
(b) require the authorities referred to in paragraph 1 (a) to submit files, documents, reports and explanations;
(c) carry out checks for the authorities referred to in paragraph 1 (a) on the use and maintenance of laws and other legislation;
(d) request the competent authorities to carry out checks, checks and revisions where necessary to establish the facts relevant for determining whether a breach of law has occurred;
(e) request from everyone the necessary explanations (§ 8).
(3) With regard to armed forces, the authorisations of prosecutors referred to in paragraph 2 shall not apply to matters of an operational and mobilising nature.
(1) Against the generally binding regulations of the national committees (§ 13 of Act No. 13 / 1954 Coll., on National Committees), against the general legislation (§ 90 (3) of the Constitution) and against decisions, measures and other acts (hereafter the Decision) contrary to the laws and other legislation, the Prosecutor shall protest with the authority which issued the act or with the authority of that authority of the superior or overseer.
(2) If the protest has been lodged with the authority which issued the decision, that authority may itself revoke or replace its decision against which the protest is directed by a decision corresponding to the law. If the institution itself does not comply with the protest, it shall be obliged to submit it within the time limit referred to in paragraph 5 to the supervisor or supervisor; He decides to protest.
(3) The prosecutor may file a new protest against a decision that has not been upheld.
(4) If the Ministry or any other central authority fails to comply with the protest, it shall submit it to the Government for decision; the delegation or other body subordinate to the Board of Authors shall, in such a case, submit a protest to the Board of Authors for decision.
(5) The protest shall be completed within 15 days, unless otherwise specified.
(6) If the protest has been granted and the decision has been annulled and the case is referred back to the authority whose decision has infringed the law or other legislation, the authority issuing the new decision shall be bound by the legal opinion expressed in the protest decision.
By filing a protest, the enforcement of the sentence imposed in criminal proceedings by the administration and the enforcement of decisions in administrative execution shall cease. At the request of the Prosecutor, the institution to which the protest is lodged or which decides to object may suspend enforcement in other cases.
If the protest has been granted, the authority whose decision has been revoked or amended (Paragraph 10 (2)) must immediately and within 30 days at the latest, renew the infringed rights and, if this is not possible, make another appropriate remedy.
(1) National Committees, ministries, mandates, other offices, bodies and bodies, executive bodies of national committees, national and other undertakings, cooperatives and other organisations, are alerted by prosecutors in order to eliminate infringements of laws and other legislation, as well as the causes which led to it.
(2) If no other time limit is set in the notice, the authority to which the notice has been given shall, within 30 days, discuss the notice and take measures to eliminate the infringements of laws and other legislation and the causes thereof.
Criminal prosecution of persons who have committed criminal offences or offences, and supervision of the legality of criminal preparation bodies.
Prosecutor
(a) ensure that all offences and offences which are the responsibility of the courts are identified and prosecuted by the persons who committed them under the provisions of the criminal Code;
(b) in accordance with the provisions of the Code of Criminal Procedure, the authorities shall supervise the correct application and observance of laws and other laws.
In carrying out the tasks referred to in Paragraph 14, prosecutors shall ensure that no one is prosecuted or brought into custody without cause or otherwise illegally restricted in his rights.
Participation in court proceedings and supervision of the legality of judicial decisions.
Prosecutors under the provisions of the Rules of Procedure
(a) participate in proceedings before courts in criminal and civil matters;
(b) supervise the legality of the procedure and decisions of the courts and of the notaries of the State and the legality of the enforcement of those decisions.
The prosecutors shall appeal against judgments of courts and of state notaries contrary to laws and other legislation in accordance with the provisions of the Rules of Procedure.
(1) The Prosecutor-General shall, in accordance with the provisions of the Rules of Procedure, make a complaint against final decisions which infringe the law.
(2) The Prosecutor-General is taking part in the meetings of the Member of the Supreme Court. It shall also take part in the session of the Presidium of the Supreme Court if it decides on a complaint for infringement.
(3) The Prosecutor-General is entitled to make proposals to the highest court to issue directives to the courts for the correct interpretation of laws and other legislation in order to ensure consistency of judicial decisions.
Supervision of the observance of legality in places where the detention is carried out, imprisonment, protective treatment and custody.
(1) The prosecutors shall ensure that persons are held only by decision of the competent authority and that the provisions in force for the exercise of the detention, imprisonment, protective treatment and protection education are kept precisely at the places where the detention is carried out.
(2) Persons held illegally in the places referred to in paragraph 1 shall be obliged to release the prosecutor immediately.
The prosecutors shall be required to carry out regular checks of the places referred to in Article 19 (1), to familiarise themselves with the activities of their administrations, to suspend the execution of orders and decisions if they are contrary to laws and regulations.
In carrying out the tasks set out in Sections 19 and 20, prosecutors shall be entitled:
(a) at any time to visit the places referred to in Paragraph 19 (1), while having free access to all their premises;
(b) consult the documents according to which persons have been deprived of their freedom;
(c) to talk to such persons without other persons present;
(d) examine whether the orders and decisions of the administration of the places referred to in Article 19 (1) or the authorities of its superiors relating to the exercise of custody, custodial sentence, protection treatment and protection education comply with the laws and other legislation;
(e) request from the staff of the administration of the places referred to in Article 19 (1) the necessary explanations and the submission of files, documents, orders and decisions relating to the exercise of custody, custodial sentence, protective treatment and protective education.
(1) The administration of the post referred to in Article 19 (1) is required within 24 hours to forward to the prosecutor a complaint addressed to him or the person held at that place. The prosecutor shall be obliged to deal with the complaint in accordance with the rules applicable to the handling of complaints.
(2) The prosecutors shall ensure that complaints and notifications of persons held in the places referred to in Article 19 (1) are sent without delay to the authorities or agents to whom they are addressed.
The administration of the post referred to in Article 19 (1) shall be required to carry out the orders of the prosecutor relating to the observance of the rules applicable to the exercise of custody, imprisonment, protective treatment and protective education.
Investigators and investigators.
Prosecutors.
(1) The following are subordinate to the Attorney General:
(a) Deputy Prosecutor General,
(b) district, urban, district and district prosecutors and their Deputy-Ministers,
(c) regional transport and district transport prosecutors and their Deputy Ministers,
(d) senior military prosecutors, military district prosecutors and their Deputy-Ministers;
(e) other prosecutors and military prosecutors.
(2) One of the Deputy Prosecutor General is the Chief Military Prosecutor.
(3) One Deputy Prosecutor General carries out his duties in Slovakia to the extent specified by the Prosecutor General.
(4) City prosecutors exercise the jurisdiction of regional prosecutors in their districts, district prosecutors exercise the jurisdiction of district prosecutors in their districts.
(5) Regional transport prosecutors exercise, within the limits of their substantive competence, the competence of regional prosecutors, the powers of district transport prosecutors within the limits of their substantive competence.
(6) A senior prosecutor may perform individual acts of prosecutors under his authority.
(1) The Prosecutor-General may appoint a citizen of Czechoslovakia, who
1. reaches the age of at least 24 years,
2. completed legal studies;
3. during a specified period of time he held a waiting practice and successfully passed the final evaluation.
(2) Only an officer of the judiciary may be a military prosecutor.
(3) For important reasons, the Attorney General may exceptionally waive the conditions set out in paragraph 1 (3), provided that the designated person otherwise provides a guarantee of the proper performance of the Prosecutor's office.
The Deputy Prosecutor General shall be appointed and dismissed by the Attorney General. Other prosecutors and military prosecutors are also appointed by the Prosecutor General.
(1) District (District, District) prosecutors are subordinate to the Regional (Urban, Regional) Prosecutor and to the Prosecutor General.
(2) Military district prosecutors shall be subordinate to a senior military prosecutor and, together with him, to the Chief Military Prosecutor and to the Chief Military Prosecutor, the Attorney General.
(1) The actions relating to the activities of the authorities whose jurisdiction extends beyond the district (municipal, regional) prosecutor's district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s) district (s)
(2) Acts relating to the activities of bodies whose jurisdiction extends beyond the district (district) prosecutor's (district) district (city) transport (district) prosecutors, other district (district) prosecutors.
(3) The Attorney General may provide for exceptions to the provisions of paragraphs 1 and 2.
(1) The offices and districts of the district prosecutors are the same as those of the regional national committees, the offices and districts of the district prosecutors and the offices and districts of the central (district) national committees.
(2) The offices and districts of regional transport and district transport prosecutors are established by the Prosecutor General, taking into account the circuits of railway administrative units.
(3) The offices and responsibilities of senior military prosecutors and military district prosecutors are defined by the Prosecutor General in agreement with the Minister of National Defence.
(4) The Prosecutor-General may provide for exceptions to the provisions of paragraph 1, in particular in that the jurisdiction of the district (district) prosecutor covers the perimeter of several national district (district) committees. This measure shall be declared by the Prosecutor General in an official document.
Investigators.
(1) Investigators shall be established for the prosecution.
(2) Investigators shall perform their duties separately in accordance with the provisions of the Code of Criminal Procedure.
(3) The prosecutor with whom they are set up is responsible for the activities of the investigators.
The investigator is appointed by the Attorney General.
(1) The investigator may be established as to who fulfils the conditions for a provision by the prosecutor (§ 25).
(2) However, for important reasons, the Attorney General may exceptionally also waive the condition set out in Paragraph 25 (1) (2).
Provisions common.
(1) The prosecutors and investigators shall take the following oath on their first provision:
"I promise in my honour and conscience that I will be faithful and committed to the Czechoslovak Republic and its popular democratic establishment, that I will guard, promote and consolidate socialist legality, ensure that all of my duties are fulfilled by the interests of the Republic and the working people, and that I will remain silent in official matters."
(2) The prosecutors take their vows in the hands of the superior prosecutor, the investigators in the hands of the prosecutor, the superior to the prosecutor with whom they are established.
The prosecutors, investigators and other staff of the prosecution are civil servants.
(1) The military service relationship is applicable to soldiers active in the prosecution, unless otherwise provided for in this law, to the legislation applicable to soldiers, as well as to military service regulations and orders.
(2) The Ministry of National Defence is the personal office of soldiers active in the prosecution and other staff active in the military prosecutors.
(1) The Attorney General shall exercise disciplinary authority over prosecutors and investigators in accordance with a special order which he issues with the consent of the Government.
(2) The Prosecutor-General shall exercise disciplinary authority over soldiers active in the Prosecutor's Office in accordance with the rules applicable to them.
(1) The Prosecutor-General is the Head of the Central Office.
(2) The provisions on the income of the Attorney General apply to the income of the Ministers, to the income of the Deputy Prosecutor General, other than the Chief Military Prosecutor, to the income of the Deputy Ministers.
(3) Save as otherwise provided for in this Act, prosecutors and investigators shall be subject to the provisions of the legal measure of the Bureau of the National Assembly No 59 / 1955 Coll., of the salary ratios of judges, prosecutors and legal practitioners, as amended by the legal measure of the Bureau of the National Assembly No 60 / 1956 Coll., amending certain provisions on the pay ratios of civil servants and on the powers of ministers and central offices in the conduct of state wage policy, and of the provisions of the Law of the Court of Justice No 67 / 1950 Coll.
PROVISIONS FINAL.
Act No. 65 / 1952 Coll., on the Prosecutor's Office, is hereby repealed.
This Law shall take effect on 1 January 1957; it shall be carried out by all members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Contents
ČÁST PRVNÍ.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
ČÁST DRUHÁ.
Oddíl 1.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
Oddíl 2.
§ 14.
§ 15.
Oddíl 3.
§ 16.
§ 17.
§ 18.
Oddíl 4.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
ČÁST TŘETÍ.
Oddíl 1.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
Oddíl 2.
§ 30.
§ 31.
§ 32.
Oddíl 3.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
ČÁST ČTVRTÁ.
§ 38.
§ 39.
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Regulation Information
| Citation | Act No. 65 / 1956 Coll., on the Prosecutor's Office |
|---|---|
| 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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