Act No. 67 / 1952 Coll.
Law amending and supplementing the Code of Criminal Procedure
Valid
Effective from 01.01.1953
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67.
Law
of 30 October 1952
amending and supplementing the Code of Criminal Procedure
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 87 / 1950 Coll., on Criminal Procedure (Criminal Code) is amended as follows:
1. Paragraph 2 is added to Paragraph 3:
"(2) The Prosecutor General may, in agreement with the relevant ministers, entrust the execution of individual acts in proceedings before the People's Courts in cases of less serious authorities called upon to seek (§ 76). '
2. In Paragraph 7 (2), second sentence, the words "district prosecutor 'are replaced by the words" district prosecutor'.
3. Paragraph 7 (1) (h) shall be deleted; the previous designation (ch) shall be amended to paragraph (h).
4. § 9 is deleted.
5.
"(1) In addition, civil persons shall be subject to military jurisdiction for crimes against the defence of their country under Title 1, Section 3, of the Special Act.
(2) For other offences which threaten the important interests of the country's defence, civilian persons shall be subject to military jurisdiction only under the measures of the Attorney General.
(3) For which offences committed with increased threat to the homeland and which groups of civilians are subject to military jurisdiction, the Government shall provide for a regulation. '
6.
"(1) Where this law refers to a district attorney and district attorney, this is understood in the field of military justice, unless the individual provision implies otherwise, a lower and higher military prosecutor.
(2) Where this law refers to the People's and Regional Courts and to the President of the Court, this shall be understood in the field of military justice, unless the individual provision implies otherwise, a lower and higher court-martial and a chief court-martial. '
7. § 12 is deleted.
8. Paragraph 13, including the title, reads:
"The material jurisdiction of the prosecutor.
(1) Preparatory proceedings on criminal offences under the title of the first special part of the Criminal Act or the Peace Protection Act No 165 / 1950 Coll., for which the law provides for the death penalty, a life sentence or a temporary prison sentence of at least 10 years shall be held by the Regional Prosecutor; preparatory proceedings for other offences shall be carried out by the District Attorney.
(2) Preparatory proceedings on the crimes of armed corps officials shall be carried out by a senior military prosecutor, if a higher military court is to take action on the crimes of such officers in the first chair. '
9. § 14 is deleted.
10. The title of the following text is inserted before Paragraph 15:
"Local jurisdiction of the prosecutor."
11.
"(1) The preparatory procedure is being conducted by the prosecutor in whose district the crime was committed. If the offence was committed in several districts, the preparatory procedure shall be carried out by the prosecutor, who first took measures to prosecute the defendant.
(2) If the offence has been committed abroad or if it is not possible to detect the crime, the preparatory procedure shall be carried out by a prosecutor whose district the accused is resident, established or resident, and if they are not in the Czechoslovak Republic or if they are not detected, the prosecutor in whose district the offence has been established. If there are several such competent prosecutors, the preparatory procedure shall be carried out by the first one to take action to prosecute the defendant.
(3) If an additional crime scene is found in the Czechoslovak Republic in the case referred to in paragraph 2, the case may be referred to the prosecutor responsible for the crime scene. '
12.
"(1) If the offence was committed by a member of an armed corps serving in the part of that corps for which a military court was established, the preparatory proceedings shall be carried out by a military prosecutor active in that court.
(2) If the offence was committed by an officer of an armed corps, the preparatory proceedings shall be carried out by a military prosecutor acting in a court which shall be appointed by the President of the Republic to deal with the offences of such officials. ';
13. Paragraph 17 (1), second sentence, reads: "However, a joint preparatory procedure cannot be held by the district or county prosecutor on the offence of a person subject to military jurisdiction."
14.
"Joint preparatory proceedings shall be conducted by the Regional Prosecutor, if he is responsible for carrying out proceedings on at least one of the offences. ';
15. The following Paragraph 18a is inserted after Paragraph 18:
"(1) Joint preparatory proceedings shall be conducted by the district attorney or district attorney responsible for carrying out preparatory proceedings against the direct offender or for the most serious crime.
(2) The joint preparatory procedure shall be carried out by the military prosecutor responsible for carrying out the preparatory procedure against the member of the armed corps who is the highest-ranking function and, failing such designation, the military prosecutor responsible for carrying out the proceedings against the direct perpetrator or the most serious offence.
(3) Where there are several, in accordance with paragraph 1 or 2 of the competent prosecutors, the preparatory procedure shall be carried out by the first person to take action to prosecute the defendant. ';
16. In Paragraph 19 (2) at the beginning, the word "District" is deleted.
17. Before Paragraph 21, the title "Withdrawal and Commandment of the case 'is inserted. The same heading under Paragraph 21 is deleted.
18.
"(1) For important reasons, the case may be withdrawn from the competent prosecutor and ordered to another material prosecutor; the withdrawal and commandment are decided by the prosecutor, who is jointly superior to both prosecutors.
(2) The Attorney General may withdraw the case from the competent prosecutor and conduct the preparatory procedure itself, taking into account the nature of the offence or the person of the offender as necessary; This right shall also be exercised by the District Attorney in respect of the matters which the District Attorney of its District is preparing for proceedings. ';
19. The following Section 21a is inserted after Section 21:
"(1) For important reasons, the case may be removed from the competent court and ordered to another court of the same kind; the withdrawal and the commandment shall be decided by the court which is jointly superior to the two courts.
(2) At the request of the Attorney General or the President of the Supreme Court, the Supreme Court may, having regard to the nature of the offence or to the person of the offender as necessary, at any time of the proceedings, withdraw the case to the competent court and proceed with the proceedings itself and decide or order the proceeding to be continued and the decision of another court of the same kind, of the same or higher stools. ';
20. Paragraph 22 (1), second sentence, reads: "However, the Prosecutor General and Regional Prosecutor and the Supreme and Regional Court may also execute them by requesting the District Prosecutor or the People's Court in whose district the action is to be carried out."
21. In Paragraph 27 (1) at the end, the words "and the statement on the obligation to pay the costs of criminal proceedings (§ 72) are added."
22. In Paragraph 27 (2), the words "(b) on the netting of the link and the penalty 'are deleted and the previous terms (c) and (d) are changed to (b) and (c).
23. In the first sentence of Paragraph 29 (3), the words "if the decision can be appealed against or executed under it 'shall be deleted.
24. Article 31 (2) reads as follows:
"(2) Complaints may be contradicted by the order of the prosecutor and the court if they decide in the first chair, only if the law so permits; a complaint is not admissible against the order of the Attorney General or the Supreme Court. '
25. Paragraph 36 (1) of the first sentence reads: "The Prosecutor General shall decide on a complaint against the order of the District Attorney."
26. Paragraph 36 (2) of the first sentence reads: "The Supreme Court shall decide on a complaint against the order of the Regional Court."
27. in Paragraph 37 (1), the following provision shall be added as point (a): "(a) if it is not admissible";
the current designation (a) and (b) shall be amended to (b) and (c).
28. Paragraph 39 (2) reads as follows:
"(2) The execution of criminal proceedings shall exclude a Judge who has taken part in the proceedings as a prosecutor or who, in relation to the case at issue, the prosecutor or persons directly concerned by the action, their lawyers, legal representatives and agents, may be questioned as to their unbiased nature. '
29. in § 40 (3), second sentence (b), the words "State or" are deleted.
30. Paragraph 4 is added to Paragraph 40:
"(4) If the Judge whose exclusion is concerned so agrees, the President of the Court shall assign the case to another Judge or appoint another Judge to the Chamber for him; If the President of the Tribunal is excluded, the President of the Tribunal may do so. '
31. in Paragraph 43, paragraphs 2 and 3 and paragraph 1 are deleted:
"(1) As a general rule, a lawyer (§ 45a) may be a lawyer and, in proceedings concerning acts belonging to the jurisdiction of the district attorney or military prosecutor, only a lawyer registered on a special list maintained by the Ministry of Justice. '
The designation of paragraph 4 shall be amended to paragraph 2.
32. In Paragraph 45 (1), the second sentence is inserted after the words "to determine the defendant '.
Article 33 (45) (2) reads as follows:
"(2) The defendant who proves that he does not have sufficient resources to cover the costs of the lawyer shall be appointed by the prosecutor or, in proceedings before the President of the Chamber, by a lawyer who would defend him without any claim for remuneration if the defendant must have; even if the defence is not necessary, the President of the Chamber shall appoint an attorney for the defendant who, without entitlement to remuneration, would defend him in the main or appeal proceedings if the defendant so requests. ';
34. the following Section 45a is inserted after Section 45:
"(1) If the prosecutor or, in proceedings before a court, the President of the Chamber is required to appoint an defendant, he shall normally ask the counsel to propose to him which lawyer is to be appointed.
(2) Where an urgent case is concerned, the lawyer may be appointed by the lawyer on his own motion by the counsel; If, in such a case, the lawyer is not immediately available, the lawyer may also be appointed, with the agreement of the President of the Court, by a judge or other competent staff member who is active in the court.
(3) In the field of military justice, an officer of the law in active employment may also be appointed by the lawyer, with the agreement of the representative, if it is an urgent case and the lawyer is not immediately available or if the nature of the case so requires; However, a lawyer may not be a law officer active with a military prosecutor. '
35. Paragraph 48 (4) reads as follows:
"(4) The provisions of paragraphs 1 to 3 shall not apply to criminal proceedings involving the jurisdiction of the Regional Prosecutor and to court and court proceedings. ';
Paragraph 36 (49) (4) reads as follows:
"(4) The provisions of paragraphs 1 and 3 shall not be used in criminal proceedings involving the jurisdiction of the Regional Prosecutor and in martial and field proceedings."
37. Paragraph 50 (1) (c) reads as follows:
"(c) if one month has elapsed since the legal authority of the judgment by which the accused has been found guilty, or from the referral of the case to the prosecutor or court in which the injured party cannot exercise his rights under the offence."
38. Paragraph 53 (3) reads as follows:
"(3) A representative of the person concerned in proceedings concerning acts belonging to the jurisdiction of the district attorney or military prosecutor and an agent injured in proceedings relating to acts belonging to the jurisdiction of the military prosecutor may be a lawyer only who could be a lawyer in the matter. '
39. The following Section 58a is inserted after Section 58:
"Silent.
(1) The interpreter is entitled to reimbursement of the necessary expenses and reasonable remuneration (interpretative).
(2) The amount of the interpreter shall be determined by the Prosecutor and by the President of the Chamber in court. There is an admissible complaint against this decision which has suspensory effect. '
40. The following Section 60a is inserted after Section 60:
"Correction protocol.
The request for rectification of the report on the main or appeal shall be decided by the court of the case. A complaint which has no suspensory effect shall be admissible against the decision to correct the main case. '
41. Paragraph 65 reads:
"(1) To be delivered
(a) the defendant's actions and appeals,
(b) persons entitled to appeal against a decision, a copy of the copy of that decision.
(2) Even where the document is served in its own hands, it is normally permissible to deposit the document in the post office or with another public authority which carries out the service. However, the deposit shall be excluded if the defendant is served
(a) an action or a summons to the main or appeal; or
(b) a copy of the draft judgment against which he may appeal. "
42. For Paragraph 66 (1), the following sentence is added: "Other persons may do so only if they are required to exercise the right conferred on them by this law. '
Article 43 (67) reads:
"(1) The costs necessary for carrying out criminal proceedings shall be established by the State; they shall include in particular:
(a) service costs (including postal charges);
(b) the costs of demonstrating, transporting and accompanying the accused and other persons;
(c) travel expenses for prosecutors, judges, scribes and other auxiliary persons;
(d) witnesses, experts and interpreters,
(e) the necessary extradition of the designated lawyer;
(f) necessary extradition related to the preservation of matters relevant to criminal proceedings;
(g) costs associated with the provision of claims of the injured party arising from the offence;
(h) the costs of ensuring the enforcement of decisions, in particular the enforcement of the forfeiture penalty;
(ch) costs linked to the detention of the defendant in custody;
(i) costs associated with the execution of the sentence, protective education and protective treatment.
(2) The daily rate relating to the costs of detention and the execution of prison sentences, the exercise of protective education and protective treatment shall be declared annually by the Minister whose authorities manage the Institute. Health care costs shall be charged according to actual issue.
(3) The costs of the treatment of an accident suffered by the person in whom the detention is carried out, the sentence of imprisonment, protective custody or protective treatment, at work ordered by the Constitution, are not taken into account in the costs of criminal proceedings.
(4) The State does not impose its own costs on the accused, the injured and the interested parties. "
44. Paragraph 68 (1) reads as follows:
"(1) If the defendant has been convicted of final judgment, he shall be obliged to replace
(a) costs borne by the State;
(b) a lawyer appointed under Paragraph 45 (1) of the remuneration; and
(c) the injured party at his request the necessary extradition and loss of remuneration for the work and extradition caused by the removal of the agent; if the injured person is not entitled, the issue and loss of remuneration for the work of his legal representative shall also be required. ';
45. in Paragraph 70 (1), the word "completely" shall be inserted after the words "withdrawn or". "
46.
"(1) The obligation to pay the costs, remuneration and extradition referred to in Sections 68, 70 and 71 shall be decided by the court; It is for him to decide the amount of extradition and remuneration which the accused is obliged to pay to the victim. Otherwise, the prosecutor will decide on the cost and remuneration.
(2) If the decision referred to in paragraph 1 has not become a judgment, a complaint shall be admissible against it, which shall have suspensory effect. '
47. § 74 is deleted.
48. in Paragraph 88 (1) (a), the following provision shall be inserted as point (b):
"(b) where the defendant cannot be brought to justice for a severe disease and the main trial cannot be held in his absence (§ 145 (2));"
the existing designation (b) and (c) shall be amended to (c) and (d).
49. in Paragraph 89 (1), the following provision shall be inserted after point (f) as point (g):
"(g) if the previous prosecution of the defendant for the same offence has ended in a final judgment or has been terminated by the court and has not been authorised to be renewed; or"
the current designation (g) is changed to (h).
50. Paragraph 89 (3) shall be deleted; the existing designation of paragraph 4 is amended to paragraph 3.
51. in § 91 (2), second sentence, the words "Ministry of Justice" shall be replaced by the words "Prosecutor General" and in paragraph 3, the words "Minister of Justice" shall be replaced by "Prosecutor General."
52. Paragraph 97 (2), second sentence is deleted.
53. Paragraph 99 (2), second sentence, reads: "It shall, however, be required to forward it immediately to the nearest district prosecutor or authority called for a search and, if this is not possible, to notify the prosecutor or authority called for a search immediately."
54. Paragraph 100 (2) reads as follows:
"(2) Person arrested pursuant to § 98 or detained (§ 99) must be heard immediately by the authority called for search and within a maximum of 48 hours
(a) released; or
(b) if any of the grounds of detention are present, surrender to the prosecutor. "
55. In Paragraph 101 (1), the first sentence is inserted after the words "the person surrendered '.
56. The following Section 113a is inserted after Section 113:
"Testimonious.
(1) The witness shall be entitled to reimbursement of the necessary expenses and missed remuneration for the work (testimony); the claim ceases to exist if the witness does not apply it no later than three days after the hearing and if the hearing is not carried out, within three days of being informed.
(2) The amount of the witness shall be determined by the Prosecutor or the President of the Chamber who summoned the witness. "
57. The following Section 121a is inserted after Section 121:
"Marked.
(1) The expert is entitled to reimbursement of the necessary expenses and reasonable remuneration (expert fees).
(2) The amount of the expert fee shall be determined by the Prosecutor and by the President of the Chamber in court. There is an admissible complaint against this decision which has suspensory effect. '
58.
"(1) The Court of First Instance shall suspend the prosecution,
(a) where the defendant cannot be brought to trial for his absence and no action is taken against the fugitive;
(b) if the defendant cannot be brought to justice for a severe disease and the main trial cannot be held in his absence; or
(c) if the accused is not able to understand the meaning of criminal proceedings after the crime has been committed. "
59. in Article 166 (1), the following shall be inserted after point (b):
"(c) if the previous prosecution of the defendant for the same offence has ended in a final judgment or has been terminated by the court and has not been authorised to be renewed; or"
the current designation (c) is changed to (d).
60. the following paragraph 3 is added to Paragraph 166:
"(3) The prosecutor may lodge a complaint against the decision referred to in paragraph 1 which shall have suspensory effect. ';
61. § 167 reads:
"(1) The People's Court will refer the case to the District Attorney if it becomes clear that this is a criminal offence involving the jurisdiction of the District Attorney. If the district attorney is prosecuting, this is going back to investigation.
(2) If the district attorney returns the case referred to in paragraph 1, the People's Court shall proceed with the proceedings. '
Article 62 (168) (1) reads as follows:
"(1) If, after the application has been brought before the Regional Court, the reason for the joint action ceases to exist by the suspension of a criminal prosecution or the exclusion of a case, the Regional Court may refer the remaining or excluded case to the competent district prosecutor. '
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Regulation Information
| Citation | Act No. 67 / 1952 Coll., amending and supplementing the Code of Criminal Procedure |
|---|---|
| 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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