Act No. 85 / 1950 Coll.
Law on measures relating to the regulation of disciplinary law of members of the armed corps
Valid
Effective from 01.10.1950
85.
Law
of 12 July 1950
on measures relating to the regulation of the disciplinary law of members of the armed corps.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Protection of the seriousness and honour of members of the armed corps.
Each member of the army, the National Security Corps and the Prison Guard Corps shall ensure the seriousness and honour of the rank of the member of the College to which they belong.
On the basis of the veritable statement of the military court, that the seriousness and honour of the rank of military officer, a member of the National Security Corps or of the Prison Guard Corps has been compromised, the Minister responsible shall, depending on the degree of guilt and the degree of threat, take one of the measures provided for in other provisions of this law or in the rules of disciplinary action.
Withdrawal and reduction of rank, transfer to advance and cancellation of service.
(1) The Minister responsible may withdraw the rank of officer or general of the army as well as of a national security or prison guard officer,
(a) which is not committed to the popular democratic establishment;
(b) by which the court-martial, pursuant to Paragraph 2 (1), has stated that his action has threatened the seriousness and honour of an officer of the army, of a national security force or of a prison guard corps,
(c) where the withdrawal was proposed by the authority competent under the provisions of the disciplinary order;
(d) who has fled abroad or who has not arbitrarily returned from it;
(e) who has entered military services without authorisation,
(f) which shall be subsequently indicated that, prior to his admission to the College, he has been sentenced and that a loss of civil rights has been declared;
(g) which becomes further apparent that, prior to his admission to the College, he committed a crime of proficiency or of other low motives, even if there were circumstances excluding criminal prosecution,
(h) where the withdrawal was proposed by the authority designated by the competent minister because, as a member of the National Security Corps or the Prison Guard Corps, after the end of the probationary period, it showed insufficient performance or is not fit for service for reasons other than health; or
(ch) who, as an officer or general of an army outside active duty, has been sentenced by a civil criminal court to a member of the National Security Corps or the Retired Prison Guard Corps and who has not lost rank.
(2) The Minister responsible may withdraw, in accordance with the provisions of the disciplinary order, the rank of officer or general of the army outside active duty, of a national security force or of a retired prison guard who has violated uniform military discipline or basic rules of civil cohabitation.
The Minister of National Defence may withdraw rank for the reasons set out in § 4 (1) (a), (d), (e), (f), (g) and the Retired Military Officer for the reasons set out in § 4 (1) (ch) and § 4 (2).
(1) The Minister responsible may reduce the rank of officer or general of the army as well as of a national security or prison guard officer,
(a) on which the court-martial has declared, pursuant to Paragraph 2 (1), that the seriousness and honour of his action has been jeopardised by the rank of an officer of the army, of a national security corps or of a prison guard corps,
(b) where the reduction in rank has been proposed by the authority competent under the rules of discipline; or
(c) for which the authority designated by the competent minister has proposed a reduction in rank because it showed a lack of competence necessary to maintain a position corresponding to its rank.
(2) The Minister responsible may, in accordance with the provisions of the disciplinary order, reduce the rank of officer or general of the army, of a national security corps or of a prison guard corps, as well as of a retired petty officer who has committed a serious act which may be dealt with under the disciplinary order.
The Minister of National Defence may transfer an officer or a general of the professional army to the reserve,
(a) which has been assessed as non-compliant in accordance with the relevant Staff Regulations at the time periods laid down by them;
(b) on which the court-martial has declared, pursuant to Paragraph 2 (1), that his action has threatened the seriousness and honour of the officer of the army;
(c) where the advance payment was proposed by the authority competent under the rules of disciplinary action; or
(d) whose further retention in relation to an officer of the profession would be detrimental to important military or other State interests or which is not fit for service for reasons other than health.
The Minister of National Defence may, in accordance with the provisions of the Code of Disciplinary Procedure, release professional troops from active duty before the expiry of the obligation of the Petty Officer, if he has committed a serious act which can be dealt with in accordance with the Code of Disciplinary Procedure.
The Minister of National Defence may take action against a military judge pursuant to Articles 4 (1) (a), (d), (e), (f) and (g), 6 (1) (c), 6 (2) and 7 (a) and (d) only if the body competent under the disciplinary order so proposes.
The Minister responsible may entrust the senior head of the National Security Corps, after the case of the Prison Guard Corps, to take action with the officers of all rank in accordance with § § 4 and 6.
The seniority of a national of the National Security Corps and the Prison Guard Corps shall be abolished:
(a) the date on which the judgment imposing a penalty on him for loss of citizenship, loss of civil rights or loss of military rank becomes final; or
(b) the date of withdrawal of the rank referred to in Article 4 (1) (a) to (h).
Extending disciplinary authority.
(1) The transfers committed by members of the military, the National Security Corps or the Prison Guard Corps in active duty and prosecuted by the national committees pursuant to the relevant regulations are prosecuted in accordance with the disciplinary rules.
(2) The offences referred to in paragraph 1 may also be punishable by the penalties provided for by the relevant provisions in the disciplinary procedure.
(3) The disciplinary authority referred to in paragraph 1 shall cease to exist on the day of its release from active service unless a penalty has been imposed before that date for the offence.
(1) Military disciplinary powers are also subject to:
(a) the recipients for failure to comply with the prescribed reporting obligation on departure to the essential service or replacement service;
(b) persons who were to enter a military service for the purpose of not taking that service, unless it is a criminal offence.
(2) In addition, officers and generals of non-active military and retired military officers, members of the National Security Corps or the Prison Guard Corps shall be subject to disciplinary action in a uniform manner.
Transitional and final provisions.
(1) The President of the Republic shall issue the Disciplinary Order of the Czechoslovak Defence Power as Chief Commander of the Defence Power (§ 74 (1) No 12 of the Constitution).
(2) The disciplinary order for members of the National Security Corps shall be issued by the Minister of National Security and by the Minister of Justice for the Prison Guard Corps according to the equivalent of the Czechoslovak Armed Forces Regulations.
(1) All existing provisions governing matters covered by this law are hereby repealed. In particular, Act No 154 / 1923 Coll., on military disciplinary and disciplinary law, as well as the withdrawal of military rank and transfer to service by administrative management, as amended by the regulations amending it and supplementing it (Decree No 57 / 1947 Coll.), is hereby repealed; However, the disciplinary procedure which was already initiated on the date of the entry into force of this Act shall be completed in accordance with the existing rules.
(2) Furthermore, the Order of the National Committee of Czechoslovak No. 21 / 1918 Coll., on the oath of Czechoslovak troops, as amended by Act No. 169 / 1919 Coll.
(3) Where, in the present rules, disciplinary action, disciplinary action or disciplinary action are referred to, the authorities, proceedings and statements referred to in the provisions of the disciplinary orders or proceedings and the statements of the military courts referred to in Article 2 shall continue to be understood as such.
This Act shall take effect with regard to the National Security Corps and the Prison Guard Corps on 1 August 1950 or on 1 October 1950; It shall be carried out by national defence, national security and justice ministers.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
Caprine v. r.
Dr Rais v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 85 / 1950 Coll., on measures relating to the regulation of disciplinary law of members of the armed corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1950 |
|---|---|
| Effective from | 01.10.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0