Act No. 7 / 1946 Coll.
The Act on collective custody
Valid
Effective from 08.11.1945
7.
Law
of 9 January 1946
about mass control.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Who can be entrusted with collective orders.
The Presiding Tribunal (hereinafter referred to as the "Court 'in this Act) may entrust the following collective orders:
1. youth care in the district covered by its scope; or
2. the District of the Court, if the tasks of mass detention have not been entrusted to youth care; or
3. a municipality for the district of the municipality, if the tasks of mass detention have not been entrusted to the county youth care or district.
(1) The application of district youth care or district or municipality to be entrusted with mass detention shall be submitted by the court with its proposal to the President of the Regional Court for preliminary approval; If the municipality is mandated, the President of the Regional Court will also ask the opinion of the District National Committee (Regional Administrative Commission) before the decision on approval, as far as the cities are not statutory.
(2) Approval shall be refused if it is not with certainty that the proposed corporation will carry out the tasks of mass control successfully.
Communes and counties can only be entrusted with collective detention if they have properly equipped youth care management.
(1) The corporation (§ 1), which has been entrusted with collective orders, is the carrier of mass orders.
(2) They are exercised by public guardians by the WMD.
The President of the Regional Court may, upon approval of the President of the Court of Justice, withdraw the mandate from the holder of mass compliance if the interests of the officers so require; If it is a municipality, the President of the Regional Court asks before approving this measure for the opinion of the District National Committee, if it is a city of the Statutory, Regional National Committee.
Tasks of WMD holders.
The Court of First Instance shall establish a guardian for the holders of mass detention in cases where there is no appropriate person willing to accept the detention, or where necessary to defend the rights and interests of the guardian effectively.
(1) The President of the Regional Court may, on the proposal of the holder of mass detention, hear before the court, order that the holder be entrusted with the charge of the charge of all the illegitimate children born in his district until they have a proper legal representative.
(2) The President of the Regional Court shall have such a mandate declared in the district of the WMD in the usual manner, shall notify it to the Regional National Committee, which shall ensure that the persons and institutes referred to in paragraph 3 are notified thereof.
(3) Midwives, midwives, hospitals and similar institutions are required to notify the holders of mass custody of the birth of illegitimate children within 24 hours.
(1) The Court of First Instance may also appoint a co-guardian.
(2) If there are special reasons for this, in particular because the guardian is unable to provide the individual acts properly, the court may transfer only the individual rights and obligations of the guardian, in particular supervision, enforcement of maintenance or support, the finding of residence or residence of the illegitimate father, the search for relatives and investigation of national or domestic jurisdiction.
(3) A WMD may also be appointed as a minor's guardian for acts as appropriate.
The WMD must ensure that every minor has a legal representative. For the order of the court, he shall be obliged to conduct the search required to establish the custody and to establish the competent guardian and submit the motions to the court as soon as possible. It is also for him to perform urgent actions of the guardian until the guardian can begin his work.
(1) The holder of a mass detention order oversees the activities of the guardians and guardians of the minors of his district; ensure that minors under paternal authority are not neglected in nutrition and education and that their wealth is not threatened by mismanagement.
(2) The wearer of mass detention shall seek the assistance of the public authorities, if it is for an important interest of the defendant, in particular his or her nutrition, education and health.
Public guardians.
(1) The WMD shall appoint public guardians who are fully capable of providing services and who, according to their education, employment and life experience, can be expected to carry out the tasks of a public guardian successfully. Acceptance of the post of public guardian shall be voluntary.
(2) The consent of the court in whose territory the holder of the mass service operates is required for the provision of a public guardian.
(3) A WMD may file a complaint with the President of the Regional Court against a decision denied consent within 15 days of receipt; he decides definitively.
(4) If there are several public guardians, the jurisdiction between them shall be divided in a manner to be determined by the WMD in an agreement with the court.
(5) The provisions of the public guardian shall be published in the Official Journal and, where appropriate, in other sheets by the holder of the mass detention order and shall be published by the court on the bench on his application.
(1) The public guardian shall make a promise in court that he will carry out the duties imposed on him properly. This promise also applies as a promise under Section 205 of the Civil Code.
(2) The performance of the promise must be confirmed by the court on the basis of the evidence (§ 13).
(1) In its provision, a public guardian shall receive a document from the holder of a mass detention order, which shall be demonstrated in the performance of his duties, a lesson on the rights and obligations of the guardian and a lesson for the performance of the duties of the public service officer referred to in § 15 to 22. Legitization shall be returned to the wearer when his function is terminated.
(2) In carrying out its duties, the public guardian shall be protected in accordance with the provisions of the criminal law given to protect public authorities.
In the performance of the custody and co-custody activities, the individual acts of the detention and custody of the minor for acts entrusted to the holder of mass custody (§ 6 to 8), the public guardian shall comply with the rules applicable to guardians and guardians.
It is for the public guardian to co-operate in the exercise of the rights of mothers under Sections 167 and 168 of the Civil Code.
(1) The public guardian is obliged to visit the guardian of his district occasionally and to convince himself of their personal and property circumstances. He shall ensure that the guardians perform their duties and do not exceed their rights, but, in cases specified by law, seek the consent of the court.
(2) If a public guardian finds that the guardians neglect their duties, he shall notify the court if necessary to intervene immediately; otherwise alert the legal representative to defects and ensure that they are corrected in time.
(1) The public guardian is an adviser to the guardians for the performance of their office and for contact with courts or authorities.
(2) The minor and their legal representatives are assisted in drawing up the submissions, submitting them to the courts or offices, in the provision of documents and such activities; they must neither ask nor accept remuneration. It provides financial and other assistance in kind for deprived minors and placement of minors in foreign care or in medical and other institutions.
The public guardian shall be obliged to investigate cases where minors are subject to moral destruction, where parents or legal representatives do not care for their nutrition or education, where the property of minors is threatened by maladministration or where parents, legal representatives or other persons living with a minor in the common household commit acts which may have adverse effects on them and give cause for action; the defects detected shall be notified to the court.
(1) The public guardian must ensure that minors entrusted with his or her care or supervision receive the necessary social and health care.
(2) It shall ensure, in particular, that medical treatment is needed after regular medical supervision and shall take the necessary measures.
(3) Where this is necessary, in particular in order to identify the causes of inadequate education and unfavourable health status and to investigate the environment in which the child lives, the public guardian shall use advice for mothers and children, schools, health, research and similar institutions and other youth care facilities.
Public guardians shall not be entitled to receive money or securities for their dependants, their parents or foster parents in the performance of their duties. Only the carrier of mass custody is entitled to do so and accounts for that value.
The contact of the public guardian with the court is direct and oral or written depending on the nature of the case. The public guardian shall be entitled to consult the custody and custody files and make copies or statements.
In order to order the court, the public guardian shall submit individual or regular written reports on the personal and property situation of the minors entrusted with his supervision; Otherwise, he is bound to remain silent about them.
The person with whom minors are placed entrusted with the care or supervision of a public guardian shall be obliged to give the necessary explanations, to allow access to and inspection of the rooms for those minors and to bring them to the court, office or doctor.
Where the nature of the case so requires, the public guardians shall agree on the procedure with the supervisory trustees in accordance with the rules on the protection of foreign care and illegitimate children. The WMD also oversees that the measures taken by public guardians are in line with those of supervisors.
If the holder of mass detention is also an auxiliary facility for the judicial care of young people, it is possible to use public guardians also for prescribed cooperation in criminal justice over young people.
(1) If the wearer of the Warranty does not remove the defects which are claimed by those who consider themselves to be affected by the procedure of the public guardian, a complaint may be lodged with the court.
(2) The Court of First Instance may, without waiting for a complaint, on the application or ex officio amendment of the measures of the public guardian or of the holder of a mass order or, pending its decision, suspend the enforcement of the measure.
The court shall be obliged to remove defects in the activities of public guardians by appropriate instruction and to ensure that they are conscientiously fulfilling their duties. If they find faults, they shall be brought to the attention of the holders of mass detention and, if no correction is made, to the county youth care centre, if the county youth care is concerned, or if the supervisory authority concerned is concerned, if the local authorities are concerned.
Final provision.
This Act takes effect on 8 November 1945 and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 7 / 1946 Coll., on collective orders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1946 |
|---|---|
| Effective from | 08.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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