Act No 66 / 1952 Coll.
Law on the organisation of courts
Valid
Effective from 01.01.1953
Contents
Hlava první.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
Hlava druhá.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
Hlava třetí.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 25.
§ 26.
§ 27.
§ 28.
Hlava čtvrtá.
§ 30.
§ 31.
§ 32.
§ 33.
Hlava pátá.
§ 37.
Hlava šestá.
§ 38.
§ 39.
§ 40.
Hlava sedmá.
§ 41.
§ 42.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
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66.
Law
of 30 October 1952
on the organisation of courts.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The performance of the judiciary.
General courts.
General courts are the Supreme Court, the Regional Courts and the People's Courts.
Special courts.
(1) Special courts are military courts and arbitration courts; other special courts may be established only by law.
(2) Military courts are higher military courts and military perimeter courts.
(3) The organisation of arbitration courts and other special courts is governed by the laws establishing those courts.
Tasks of court.
(1) The courts protect
(a) the social order and state establishment of the Republic, its socialist construction and its socialist ownership;
(b) personal, labour and property rights and the legally protected interests of citizens;
(c) the rights and the legally protected interests of socialist legal persons and other social organisations.
(2) The courts ensure that laws and other laws are kept accurately and consistently and are used in accordance with the interests of the working people. They therefore also draw the attention of the competent authorities to the shortcomings they have identified in this respect. In addition, military courts protect the fighting capacity of the armed corps, discipline and order provided for in them, strengthen the integral command power and thus contribute to the defence of the country.
(1) In their entire activities, the courts raise citizens to loyalty and loyalty to the Czechoslovak Republic, to the precise and consistent observance of laws and other laws, to the investigation of socialist property, to labour discipline, to the fulfilment of the obligations imposed on them by the defence of the state, and to the proper observance of the rules of socialist coexistence.
(2) In the imposition of penalties, the courts take into account not only the punishment of the criminal offence, but also its improvement and reeducation.
The courts shall carry out their duties by:
1. conduct criminal proceedings and, under the law, impose penalties on traitors of the country, pests of socialist property and other enemies of the people, those who violate military obligations and those who violate the personal and property rights of citizens;
2. conduct civil proceedings and rule on the rights and legally protected interests of citizens, socialist legal persons and other social organisations.
The equality of citizens in court.
(1) All citizens are equal in court.
(2) Each citizen is guaranteed the possibility of acting in his mother tongue in court.
The procedure.
(1) Judgments are carried out in two stools.
(2) The real seat over the People's Court is the regional court, the military district court is the higher court. If a regional court or a higher court of the military as a court of the first stool, the upper court is the repair chair.
(3) Exceptions are provided for in the law.
Complaints for breaking the law.
(1) The Prosecutor-General or the President of the Supreme Court may file a complaint against a final decision of any court which has infringed the law.
(2) A further complaint is excluded against a decision on a complaint for infringement.
People's and county courts.
Military courts.
The composition of the courts.
(1) The People's Courts and Regional Courts are composed of the President, after the case of his Vice-Presidents, other Judges and judges from the people.
(2) Military courts consist of the Chief of the Court, after his representatives, other military judges and judges from the people.
The composition of the senate.
(1) The People's Courts shall rule in chambers composed of a Judge as President and two Judges of the People.
(2) Military District Courts shall act in chambers composed of a military judge as chairperson and two judges from the people.
(3) Exceptions are provided for in the law.
(1) The Regional Courts shall rule in the first chair of the Chambers of the Judges as the President and two Judges of the People, in the second chair of the Chambers of the Three Judges, one of which shall preside over the two Judges of the People; decide otherwise in chambers of three Judges.
(2) The higher military courts shall rule in the first seat in chambers composed of a military judge as chairman and two judges from the people; in the second seat in chambers of three military judges, one of whom presiding and two judges of the people; otherwise decide in chambers of three military judges.
(3) Exceptions are provided for in the law.
Decision-making supervision.
(1) The courts of the second stools supervise the decision-making activities of the first stools, in particular by:
(a) decide on appeals brought against decisions of the courts of the first stools which have not yet acquired legal authority; they are entitled, however, to rule out defects which occurred in the incorrect application of laws and other laws and regulations and to impose their removal;
(b) monitor the decisions of the courts of the first stool and ensure its unity.
(2) The immediate supervision of the decision-making activities of judges (military judges) operating in individual courts (military courts) is carried out by the President (Chief) of the Court.
Territorial organisation of folk and county courts.
(1) The seats and districts of the People's Courts are the same as those of the District National Committees.
(2) The seats and districts of the Regional Courts are the same as those of the Regional National Committees.
By way of derogation from the provision set out in Paragraph 13, the Minister of Justice may by means of a regulation:
1. determine the seat of the People's or Regional Courts in places outside the seat of the District or Regional National Committee;
2. establish folk or regional courts with jurisdiction for the districts of two or more district or regional national committees or parts thereof;
3. establish or establish courts with exclusive jurisdiction in criminal or civil matters for the whole or part of the district of the People's or Regional Court, or such courts with exclusive jurisdiction for two or more districts of the People's Courts.
(1) People's courts may arrange for a criminal or civil-law agenda or certain types of civil-law agenda relating to a specific territorial part of their constituency, in one or more departments located outside their permanent seat (branches of the People's Court), where they may establish regular official days outside their seat; the details are provided by the Minister for Justice (§ 49).
(2) The seat of the branch of the People's Court or the place where there are regular official days shall be valid for the acts carried out there for the seat of the People's Court.
Arbitration of military courts.
(1) The President of the Republic shall establish and abolish military courts as Chief Commander. The President of the Republic may delegate this right to subordinate military authorities at increased threat to the country.
(2) Military courts shall be established with the effect of:
(a) for territorial circuits;
(b) for members of the armed corps;
(c) for parts of the armed corps.
(3) The scope referred to in paragraph 2 may be combined.
(4) Paragraph 15 may apply mutatis mutandis to higher military courts and to military perimeter courts.
Supreme Court.
The jurisdiction of the Supreme Court.
(1) The Supreme Court, as the Supreme Court, oversees the decision-making activities of all the other courts.
(2) The seat of the Supreme Court is in Prague.
Supervision of the decision-making activities of the courts shall be exercised by the Supreme Court in particular by:
1. Decides on appeals brought against decisions of regional, higher military courts as first-stool courts which have not yet acquired legal authority; it is entitled, however, to call for defects which occurred in the incorrect application of laws and other laws and regulations and to impose their removal;
2. Decides on complaints made by the Prosecutor General or the President of the Supreme Court against final decisions of the courts or the Prosecutor General against such decisions of the prosecutors;
3. monitor and ensure the unity of the judgments.
(1) At the request of the President of the Supreme Court or of the Attorney General, the Supreme Court may:
(a) where it considers it necessary, taking into account the nature of the offence or the person responsible for the offence, or taking into account the importance of the civil case, to withdraw the case to the relevant People's Court (Military District Court) and order it to proceed with the proceedings and to the decision of the Regional Court (Higher Military Court),
(b) withdraw, for important reasons, the case in which the appeal was brought against the judgment of the People's Court (Military District Court), the competent Regional Court (Supreme Military Court) and decide on the appeal itself.
The court which then decides shall, in civil matters, be governed by the rules of procedure applicable to the court to which the case has been removed.
(2) Cases falling within the competence of the General Courts cannot be ordered to the special courts.
(3) Cases falling within the competence of military courts cannot be ordered to the courts.
The composition of the Supreme Court.
The Supreme Court shall consist of the President, his Vice-Presidents, other Judges and military Judges and the Judges of the people.
Court formation.
The Supreme Court shall exercise the judiciary in the following judicial colleges:
1. in the criminal college,
2. in the formation of civil servants,
3. in military formation.
The composition of the senate.
(1) The Criminal and Civil College shall act as a court of the Second Chamber in chambers of three Judges of the College and two Judges of the People, the Military College in chambers of three Military Judges of the Military College and two Judges of the People; otherwise the criminal and civil college shall act in chambers of three Judges of the relevant College, in chambers of three military Judges.
(2) Exceptions are provided for in the law.
The President of the Supreme Court may chair the Chamber of any formation of the Supreme Court.
High Court Plenum.
(1) The Plenum of the Supreme Court shall decide on complaints against the decisions of the Chamber of the Supreme Court. In addition, in order to ensure consistency in judicial decision-making, the courts issue directives for the correct interpretation of laws and other legislation.
(2) The meetings of the Member of the Supreme Court shall not be public.
(1) The Plenum of the Supreme Court is composed of the President, his Vice-Presidents and other Judges and military Judges of the Supreme Court; At least two thirds of all judges and military judges shall be present for the validity of the decisions of the highest court.
(2) The Plenum of the Supreme Court shall be convened by the President of the Supreme Court, who shall also preside over it.
(3) The participation of the Prosecutor General in the meeting of the Member States is compulsory; The Minister of Justice may also attend the meeting of the High Court.
Rules of Procedure of the Supreme Court.
The Rules of Procedure of the Supreme Court shall determine the details, in particular the organisation of the work at the Supreme Court, its proceedings, the drawing-up of chambers in the various colleges, the organisation and the closer competence in the judicial colleges, the procedure for hearing and voting the Presidium of the Supreme Court and the plenary of the Supreme Court, the exercise of the right of oversight over the decision-making activities of the courts and the provision of uniformity in their decisions; It will be passed by the supreme court.
Judges of the people.
(1) It is for the judges of the people in employment to be compensated for the salary which has elapsed from the performance of the judicial function or other activity with that function.
(2) Compensation for wages lost by the performance of the judicial function is granted to judges of the people by their employer; Compensation for wages lost in carrying out other activities with this function shall be granted by the State to the judges of the people.
(3) The amount of compensation is fixed by the Government by means of a regulation in agreement with the Single Trade Union Organisation.
(1) It is for the judges of the non-working people to pay for the earnings (increased extradition) which they have missed (which they have incurred) in carrying out the activities referred to in Paragraph 30 (1).
(2) Compensation for lost earnings (increased edition) is granted by the State.
(3) The amount of the refund is fixed by the Government by regulation.
In serious cases, the government may allow judges from the people to make other compensation.
(1) Reimbursement of travel expenses is granted by the State to judges from the people, in accordance with the rules on reimbursement of travel expenses applicable to judges.
(2) Reimbursement of travel expenses for judges of the people of the armed corps shall be granted in accordance with the relevant Staff Regulations.
An oath.
Official clothing.
In which cases, the judges and judges of the people wear official clothing and what its treatment is, the Minister of Justice shall determine.
Administration and supervision.
(1) The task of the judicial administration is to take care of all that is needed for the courts to exercise the judiciary properly, particularly in personal, organisational, financial, economic, planning and training aspects.
(2) The Minister of Justice or the bodies empowered by him shall supervise the performance of his or her duties by the courts and shall respect socialist legality in his or her activities. Only legal decisions may be the subject of supervision of judicial decisions.
(1) Judicial proceedings shall be carried out by the President of the Regional Court, who shall be subject to the Ministry of Justice in the cases of judicial administration.
(2) The judicial administration of the Supreme Court shall be carried out by the President of the Supreme Court, who shall be subject to the Minister of Justice in judicial proceedings. The duties of the judicial administration referred to in Paragraph 38 (1) shall be performed by the President of the Supreme Court at the Military College of the Supreme Court through the President of the Military College.
(3) The main administration of military courts in the Ministry of Justice is the judicial administration of military courts.
The supervision of the institutions in which the protection measure is applied shall be carried out by the Minister whose authorities are administered by the Institute; The Minister also issues regulations on how protective measures are implemented in these institutions.
Transitional and final provisions.
(1) Pending the election of judges and military judges, the current provisions apply to the adoption of judicial candidates, to the appointment of judges and military judges, as well as to the arrangements for the employment and pay of judicial candidates, judges and military judges.
(2) Derogation from the provisions of paragraph 1
(a) the term "Judge" shall be given to the professional Judges;
(b) a military judge in military courts and at the military college of the Supreme Court shall establish and appoint the Minister of Justice in agreement with the Minister of Defence.
Pending the election of judges from the people, the existing provisions shall apply to their legal status, in particular to their calling (determination), unless otherwise provided for in this law.
The period set out in Sections 41 and 42 is the time of the new judicial organisation.
The term of office of the plaintiff in the Board of Appeal of the Supreme Court shall be carried out by a judge of the Supreme Court appointed for that purpose by the President of the Supreme Court from among the judges of the criminal or civil college for a year in advance.
(1) Unless otherwise provided for in this law, all laws applicable to soldiers, as well as all military regulations and regulations shall apply to military courts, to military colleges of the Supreme Court and to the main administration of military courts in respect of their military service.
(2) The disciplinary power over military judges shall be exercised by their judges; disciplinary authority over the President of the Military College of the Supreme Court shall be exercised by the President of the Supreme Court.
(3) The provisions of the Penal Code apply to disciplinary jurisdiction over other soldiers active in military courts and at the military college of the Supreme Court and those active in the main administration of military courts. The Minister of Justice shall exercise disciplinary authority over the chief administration of the military courts.
(4) The measure under Act No. 85 / 1950 Coll., concerning soldiers active in military courts, the military college of the Supreme Court and the main administration of military courts, is made by the Minister of Defence in agreement with the Minister of Justice.
(1) The existing offices and districts of the district and county courts become the houses and districts of the popular and regional courts.
(2) Where the rules in force refer to district courts, they are understood to be the popular courts.
Authorisations in the cases of judicial administration entrusted to the regional judicial administration or the administration of the Ministry of Justice at the Regional National Committee shall be exercised by the President of the Regional Court.
More detailed regulations on the organisation of work in the People's, Regional and Military Courts, in particular on the establishment of branches of the People's Courts, on the introduction of regular official days and on the schedule of work, shall be laid down by the Minister of Justice.
Measures concerning the military judiciary shall be taken by the Minister of Justice in agreement with the Minister of National Defence.
(1) Act No. 321 / 1948 Coll., on the Corps of Uniformed Prison Guard, is hereby repealed.
(2) Members of the Uniformed Prison Guard Corps shall become members of the National Security Corps.
All provisions governing matters covered by this law shall be repealed, in particular:
1. Ministerial Decree No 10 / 1853 of the Court of Justice, Annex D,
2. Patent No 81 / 1853, by which a new law on internal facilities and the Rules of Procedure of all judicial offices is hereby established,
3. Law No 217 / 1896 (Law on Judicial Organisation), as amended;
4. Act No. 5 / 1918 Coll., on the Supreme Court, as amended,
Contents
Hlava první.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
Hlava druhá.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
Hlava třetí.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 25.
§ 26.
§ 27.
§ 28.
Hlava čtvrtá.
§ 30.
§ 31.
§ 32.
§ 33.
Hlava pátá.
§ 37.
Hlava šestá.
§ 38.
§ 39.
§ 40.
Hlava sedmá.
§ 41.
§ 42.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
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Regulation Information
| Citation | Act No. 66 / 1952 Coll., on the Organisation of Courts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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