What is Act No. 86 / 1950 Coll.?

Act No. 86 / 1950 Coll., Criminal Act — Criminal law.

When it became Act No. 86 / 1950 Coll. effectiveness?

Act No. 86 / 1950 Coll. became effective 01.08.1950.

Is Act No. 86 / 1950 Coll. still valid?

Yes, Act No. 86 / 1950 Coll. is still valid and effective.

Act No. 86 / 1950 Coll.

Criminal law

Valid Effective from 01.08.1950

HLAVA PRVÁ. § 1. HLAVA DRUHÁ. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. HLAVA TŘETÍ. § 12. § 13. § 14. § 15. § 16. HLAVA ČTVRTÁ. Oddíl prvý. § 17. § 17a § 18. § 19. § 20. § 21. § 22. § 23. § 24. § 25. § 26. § 27. § 28. Oddíl druhý. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 37. § 38. § 39. § 40. § 41. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. Oddíl třetí. § 56. § 57. § 58. § 59. § 60. § 61. § 62. § 63. HLAVA PÁTÁ. § 64. § 64a § 65. § 66. § 67. § 68. HLAVA ŠESTÁ. § 69. § 70. § 71. § 72. § 73. § 74. HLAVA SEDMÁ. § 75. § 76. § 77. HLAVA PRVÁ. Oddíl prvý. § 78. § 79a § 80a § 81. § 83. § 84 § 85 Oddíl druhý. § 86. § 87. § 88. § 89. § 90. § 92. § 93. § 94. § 95. § 95a § 96 Oddíl třetí. § 99. § 100. § 101. § 102. § 103. Oddíl čtvrtý. § 110. § 111. Oddíl pátý. § 112. § 113. § 114. § 116. § 117. § 119. § 120. § 121. § 122. § 123. § 124. § 125. § 126. § 127. § 127a HLAVA DRUHÁ. Oddíl prvý. § 130. § 131. § 132. § 133. Oddíl druhý. § 134a § 135 § 136. § 137. § 138. Oddíl třetí. § 139. § 140. § 141. § 142. § 143. § 144. § 145. § 146. § 147. Oddíl čtvrtý. § 148. § 149. § 150. § 151. § 152. § 153. HLAVA TŘETÍ. Oddíl prvý. § 154. § 155. § 156. § 157. § 158. § 159. § 160. § 161. § 162. § 163. § 164. § 165. § 166. § 167. § 168. § 169. § 170. § 171. § 172. § 173. Oddíl druhý. § 175. § 176. Oddíl třetí. § 177. § 178. § 179. § 180. Oddíl čtvrtý. § 181. § 182. § 183. § 184. Oddíl pátý. § 185. § 186. § 187. § 188a § 188b § 189. HLAVA ČTVRTÁ. § 190. § 191. § 192. § 193. § 194. § 195. § 196. § 197. § 198. § 199. § 200. § 201. § 202. § 203. § 204. § 205. HLAVA PÁTÁ. § 206. § 207. § 208. § 209. § 210. § 211. § 212. § 213. § 214. § 215. HLAVA ŠESTÁ. § 216. § 217. § 219. § 220. § 221. § 222. § 223. § 224. § 225. § 226. § 227. § 228. HLAVA SEDMÁ. Oddíl prvý. § 229. § 230. § 231. § 232. § 233. § 234. § 235. § 236. § 237. Oddíl druhý. § 238. § 239. § 240. § 241. § 242. § 243. § 243a § 244. HLAVA OSMÁ. § 245 § 245a § 246. § 247. § 248. § 249. § 250. § 251. § 252. § 253. § 254. § 255. § 256. § 257. § 258. § 259. § 260. § 261. HLAVA DEVÁTÁ. § 262. § 263. § 264. § 265. § 266. § 267. § 268. HLAVA DESÁTÁ. § 269. Oddíl prvý. § 270. § 271. § 272. § 273. § 274. § 275. Oddíl druhý. § 276. § 277. § 278. § 279. § 280. § 281. § 282. § 283. § 284. Oddíl třetí. § 285. § 286. Oddíl čtvrtý. § 287. § 288. § 288a § 288b § 290. § 291. Oddíl pátý. § 292. § 292a § 294. § 295. § 296. Oddíl šestý. § 299. § 300. § 301. § 302. § 303. Oddíl sedmý. § 305. § 306. § 307. § 308. § 309. § 310. § 311. § 312.

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86.

Criminal law

of 12 July 1950

The National Assembly of the Czechoslovak Republic decided on the following Act:

GENERAL PART.

HLAVA PRVÁ.

§ 1.

The penal law protects the People's Democratic Republic, its socialist construction, the interests of the working people and individuals and educates them to comply with the rules of socialist coexistence. The means to achieve this purpose are a threat to punishment, to the storage and performance of penalties and to protective measures.

HLAVA DRUHÁ.

BACKGROUND OF CRITERIA.

§ 2.

Crime.

A criminal act is only one of the dangerous acts that the perpetrator has caused to society.

Guilty.

§ 3.

(1) The result referred to in the law is intentional if the perpetrator:

(a) intended to cause it; or

(b) he knew that he could cause it, and in case he could cause it, he was satisfied.

(2) The result stated in the law is due to negligence if the perpetrator:

(a) knew that it could cause it, but without reasonable reasons relied on it not to cause it; or

(b) he did not know that he could cause it, although he could have known about it in the light of the circumstances and his personal circumstances.

§ 4.

(1) If the law does not expressly state that negligence is a criminal offence, intentional wrongdoing is required for criminal purposes.

(2) However, the circumstances which make the application of a higher criminal rate conditional on the application of a higher criminal rate shall be taken into account,

(a) if there is a more severe consequence, even if the perpetrator is negligent, except in cases where the law also requires intentional guilt;

(b) if there is another fact, even if the offender did not know about it, although he may have known about it in the light of the circumstances and his personal circumstances, except in cases where the law also requires the offender to know about it.

§ 5.

Try.

(1) The conduct of a dangerous society committed by the perpetrator to produce the result set out in the law is an attempt to commit a crime if that result does not occur.

(2) The trial is criminal as a criminal offence itself, but when measuring the penalty, account shall be taken of the circumstances and reasons for which the outcome of the act has not occurred and of the way in which negotiations have approached that result.

(3) Attempts are not punishable if the perpetrator voluntarily forgoes the result of the law.

§ 6.

Coconspiring.

The result provided for in the Act, which was deliberately caused by joint action, is the responsibility of each of the accomplices as if it had been caused by it.

§ 7.

Instructions and help.

(1) Anyone who deliberately arouses a decision to commit a crime will be punished at the criminal rate set for the crime he was leading to.

(2) Anyone who intentionally provides assistance to commit a crime will be punished at the criminal rate set for the crime in which he assisted. In particular, provision of means, removal of obstacles, advice, confirmation of a resolution or a promise to contribute after a crime.

(3) The penalty of the guide and helper is not dependent on the penalty of the direct offender.

(4) The test clause shall also apply to the attempt at instruction and assistance.

(5) Instructions and helpers are not punishable if they voluntarily prevent the perpetrator or helper from committing a crime.

§ 8.

Necessary defense.

An action otherwise criminal, by which someone averts an attack on the People's Democratic Republic, its socialist construction, the interests of the working people or the individual, is not a criminal offence if:

(a) the attack directly threatened or lasted; and

(b) the defense was proportionate to the attack.

§ 9.

Extreme emergency.

(1) An act otherwise criminal, by which someone averts the danger directly to the People's Democratic Republic, its socialist construction, the interests of the working people or individuals, is not a criminal offence if:

(a) the damage caused is less than the one which threatened; and

(b) the danger could not be averted otherwise.

(2) It is not an extreme emergency as referred to in paragraph 1 if the person in danger was obliged to bear it.

§ 10.

Age.

Whoever didn't finish the 15th year at the time of the crime is not liable.

§ 11.

Insanity.

Those who could not recognize at the time of the act that their actions were dangerous to society or control their actions are not responsible for such acts.

HLAVA TŘETÍ.

SCOPE OF THE CRITERIA.

§ 12.

(1) The criminal offence shall be assessed in accordance with the law in force at the time the offence was committed; under a later law, it is assessed only if it is more favourable to the perpetrator.

(2) Safeguard measures shall always be decided according to the law in force at the time of their decision.

§ 13.

(1) Under the Czechoslovak law, the criminal offence committed in the territory of the Czechoslovak Republic is assessed.

(2) The offence is considered to have been committed in the territory of the Czechoslovak Republic,

(a) if the perpetrator is guilty of the result of the act referred to in the law, even if that result has occurred or was to have occurred in whole or in part abroad; or

(b) if, or if, at least part of the result referred to in the law is to occur here, even if the conduct of the target has been committed abroad.

§ 14.

(1) According to the Czechoslovak law, the criminal offence is also considered to be committed abroad by a Czechoslovak citizen or citizen of the Czechoslovak Republic without nationality.

(2) Under the Czechoslovak law, the criminality of treason (§ 78), the subversive of the Republic (§ 79a), terrorism (§ 80a), corruption (§ 84), sabotage (§ 85), espionage (§ § 86 and Article 139), the disclosure of falsified and altered petitions (§ 140), the lightness of coins and the possession of impaired coins (§ 141), the manufacture and possession of counterfeit goods (§ 142), the violence on public officials (§ 177), the danger of the operation of a general good facility pursuant to § 194 (1) (b), the illicit production and possession of forcible coins (§ 197), the destruction of personal freedom (§ 230), the introduction into foreign property (§ 231) and trade with women (§ 243), and the citizenship (§ 243a) is a person without a foreign nationality (§ 243a). The same applies to the criminal offences of the association (§ 166) if it is directed towards these offences.

§ 15.

(1) According to the Czechoslovak law, the criminality of an offence other than that referred to in Paragraph 14 (2), committed abroad by a foreign national or a stateless person who is not a resident of the Czechoslovak Republic, is assessed only if:

(a) if the offence is also criminal under the law in force in the territory where it was committed; and

(b) if the offender has been affected in the territory of the Czechoslovak Republic and has not been extradited for criminal prosecution to a foreign State.

(2) If the law of the State in whose territory the offence was committed is milder than that of the Czechoslovak law, the offender cannot be penalised more severe than that of the law.

§ 16.

A Czechoslovak citizen cannot be extradited to a foreign state for prosecution or for the execution of a sentence.

HLAVA ČTVRTÁ.

Oddíl prvý.

Common provisions on penalties.

§ 17.

Purpose of punishment.

(1) The purpose of the sentence is to:

(a) eliminate the enemies of the working people;

(b) prevent the perpetrator from committing further crimes and raise him to comply with the rules of socialist coexistence;

(2) Human dignity must not be humiliated by punishment.

§ 17a

Abandonment of punishment

The court may waive punishment if the offence is minor and the offender otherwise leads the working person's proper life; If the court forgoes punishment, it looks at the perpetrator as if he was not convicted.

§ 18.

Types of punishment.

(1) The main penalties are:

(a) the death penalty;

(b) in jail,

(2) The other punishments are:

(b) loss of civil rights;

(d) loss of military rank;

(e) forfeiture of assets;

(f) a cash penalty;

(g) prohibition of action;

(h) expulsion;

(ch) a residence permit;

(i) publication of the judgment;

(j) forfeiture of the matter.

(3) By-penalty may be imposed only with the principal punishment.

§ 19.

Punishment rate.

(1) When measuring the penalty, the court shall take into account the degree of danger to society, in particular with regard to the manner in which the offence is committed, its consequences, the degree of guilt, the person responsible, the possibility of rectification and the circumstances aggravating and mitigating.

(2) A circumstance which is a legal feature of a criminal offence cannot be regarded as aggravating or mitigating when the sentence is imposed.

§ 20.

Infuriating circumstances.

The aggravating circumstance is that the perpetrator

(a) show a criminal act of hostility to the people's democratic order,

(b) threaten the political, military or economic interests of the Republic by criminal offence;

(c) he has committed the offence in a crude, insidious manner, with particular guile, profit-making or other low motives,

(d) he has infringed a specific obligation, in particular that arising from his / her position of responsibility,

(e) has already been convicted for an offence of the same kind,

(f) has committed various offences,

(g) the offence has been repeated or continued for a longer period;

(h) has led to the crime of another, particularly a juvenile,

(ch) has caused greater damage by offence; or

(i) he has committed a crime using someone's defenceless, dependency or professional subordination.

§ 21.

Facilitating circumstances.

The attenuating circumstance is that the perpetrator

(a) he has committed a criminal offence in a state of reduced sanity, unless it is self-inflicted, in particular by drinking alcohol;

(b) has committed a criminal offence in serious distress;

(d) he has committed an offence under pressure of dependence or subordination;

(e) he has committed a crime due to difficult personal or family circumstances which he has not caused himself;

(f) lead the working person's proper life before the offence;

(g) has committed himself after the offence to eliminate its harmful consequences; or

(h) he has confessed to a criminal offence where such a confession does not relate solely to facts of minor importance.

§ 22.

Total and additional punishment.

(1) If the court condemns the perpetrator for two or more offences, it shall determine the total penalty in accordance with the legal provision which applies to the most severe of them. If the lower limits of criminal prison rates vary, the lower limit of the total penalty is the highest of them. If the upper limit of the criminal rates for temporary imprisonment is the same, the upper limit shall be increased by a quarter. The provisions on secondary penalties, on the exclusion of conditional convictions and on the exclusion of reduced sentences shall be applied even if only one of the offences tried is applicable.

(2) If the court condemns the offender for an offence committed before the judgment on another offence has been pronounced in the first chair, it shall impose an additional penalty to supplement the sentence previously imposed as if it were a total penalty under paragraph 1. The court will not impose another punishment if it considers that the punishment previously imposed is sufficient. Even in this case, it will again decide on a conditional conviction (§ 26).

(3) Where a remedy has been imposed by a previous judgment and the court imposing an additional penalty does not impose a further remedy, it shall abolish the corrective measure originally imposed and provide for an adequate penalty for both offences as a total penalty under paragraph 1.

(4) The provision on an additional sentence shall not be used if, as regards previous convictions, the perpetrator is regarded as not being convicted.

§ 23.

The count of custody and punishment.

(1) The period of time spent by the offender for the same offence in custody or in the sentence imposed by a court or other authority shall be counted as a custodial sentence or a remedy; one day of detention or imprisonment shall be counted as two days of remedial action.

(2) The period referred to in paragraph 1 shall also count as a cash penalty.

Convicted conviction.

§ 24.

(1) The Court of First Instance shall, on condition, suspend the execution of a sentence of imprisonment not exceeding two years if, in view of the previous life of the offender and the circumstances of the case, it is justified that the purpose of the sentence will be achieved without its execution.

(2) If the court suspends the execution of a custodial sentence, it shall not delay the execution of other punishments; However, the court may state that a cash penalty, an activity ban, an expulsion and a residence ban, or even one of these secondary sentences, are also suspended on condition.

§ 25.

(1) In a conditional conviction, the court shall set a trial period of one to three years; However, if they delay the execution of a prison sentence of more than one year, they shall set a trial period of two to five years. The trial period shall begin with the legal power of the judgment.

(2) The court may impose reasonable restrictions on the subject of the sentence in order to lead the proper life of the working person; it is also to be ordered, as a general rule, to make good the damage it has caused by the offence.

(3) The period during which the sentenced person has had a proper life of the working person during the trial period and has complied with the conditions imposed shall be counted against the probationary period newly fixed for the same act or the probationary period determined pursuant to Article 26.

§ 26.

If the court imposes an additional sentence on a suspended person, it shall decide on a conditional sentence again.

§ 27.

(1) If the convicted person has led the working person's proper life during the trial period and has complied with the conditions imposed, the court shall state that he has proved himself; otherwise he decides the punishment will be served. If the court declares that the convicted person has proved himself, it shall decide at the same time whether the remainder of the outstanding sentence of the prohibition of activity and the prohibition of residence shall be enforced; a replacement prison sentence for an immaterial penalty shall not be executed in this case.

(2) If, within one year of the final statement by the court that the convicted person has proved himself, it becomes apparent that the sentence should have been carried out, the court shall decide subsequently that the sentence will be executed.

§ 28.

(1) If the court does not decide, nor does the court decide, that the sentence is to be carried out, it shall be seen as if it had not been condemned.

(2) It is equally seen as not being convicted unless the court decides, without its guilt, within two years of the end of the probationary period whether it has proved itself.

Oddíl druhý.

Saving and executing individual punishments.

Death penalty.

§ 29.

(1) The death penalty shall be carried out by hanging; at a time of increased threat to the homeland, it may be carried out by shooting.

(2) The death penalty cannot be imposed on a pregnant woman.

Withdrawal.

§ 30.

Reduced sentence.

(1) The Court of First Instance may reduce the prison sentence below the lower limit of the criminal rate only if this is justified by the circumstances of the offender or the degree of danger to society.

(2) No penalty may be imposed on the reduction of the prison sentence referred to in paragraph 1

(a) under 10 years of imprisonment to be imposed by law for 25 years;

(b) under five years if the lower limit of the penalty rate is at least 15 years;

(d) under one year if the lower limits of the criminal rate are at least five years.

§ 31.

Duration of sentence.

(1) The sentence of temporary imprisonment may not be more than 25 years after an increase under this law.

(2) The sentence of imprisonment imposed on the offender for an offence committed before another sentence of imprisonment was imposed on him shall not be more than twenty-five years, if such a sentence has already been partially executed, together with the rest of him.

§ 32.

Punishment.

(1) The sentence of imprisonment shall be carried out in criminal institutes, judicial prisons or labour units, and shall apply to a military person in active service, including military disciplinary services. Useful work is intended to enable prisoners to join the ranks of workers after their release.

(2) If the offender has committed a crime after the completion of the eighteenth year and the prison sentence imposed, or most of it, can be carried out by the 20th year, the court may state that the sentence will be executed as a juvenile (§ 62). This provision shall not apply to a military person in active employment.

Parole.

§ 33.

After serving half of the prison sentence imposed or the cumulative period of the period of gradual imposition of such sentences, and in prison for 25 years after serving 15 years, the prisoner may be paroled if he has demonstrated, through his work and his behaviour, that he is entitled to lead the proper life of the working person.

§ 34.

(1) A trial period of two to ten years shall be set for conditional release. This period shall begin with conditional release of the prisoner.

(2) A parole officer may be placed under adequate restrictions to lead the proper life of the working person; it may also be imposed on him to make good, according to his might, the damage caused by the offence.

§ 35.

(1) Where a probation worker has led the working person's proper life during the trial period and has complied with the conditions imposed, he shall be treated as if he had served the sentence on the day on which he was suspended; otherwise the rest of the sentence will be executed.

(2) They shall also be regarded as serving the sentence on the day on which he was paroled, unless they decide, without his guilt, within two years of the end of the probationary period that the remainder of the sentence will be executed.

Zobrazit všechna ustanovení (1950)

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Regulation Information

Citation	Act No. 86 / 1950 Coll., Criminal Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.07.1950
Effective from	01.08.1950
Effective until	-
Status	Valid

The regulation text is for informational purposes only.

Act No. 86 / 1950 Coll.

Criminal law

Contents

HLAVA PRVÁ.

§ 1.

HLAVA DRUHÁ.

§ 2.

§ 3.

§ 4.

§ 5.

§ 6.

§ 7.

§ 8.

§ 9.

§ 10.

§ 11.

HLAVA TŘETÍ.

§ 12.

§ 13.

§ 14.

§ 15.

§ 16.

HLAVA ČTVRTÁ.

Oddíl prvý.

§ 17.

§ 17a

§ 18.

§ 19.

§ 20.

§ 21.

§ 22.

§ 23.

§ 24.

§ 25.

§ 26.

§ 27.

§ 28.

Oddíl druhý.

§ 29.

§ 30.

§ 31.

§ 32.

§ 33.

§ 34.

§ 35.

Contents

Comments 0

Regulation Information

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