Act No. 87 / 1948 Coll.
Law on the Defeat of Alcohol
Valid
Effective from 15.06.1948
87.
Law
of 15 April 1948
about fighting alcoholism.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Diverting alcoholism means all necessary measures and devices to protect human health from the consequences of alcoholism.
(2) The fight against alcoholism shall take place in particular:
(a) the education of the population for moderation, the examination of the causes and consequences of alcoholism and their removal, the treatment of persons who have caused, and the supervision of, health problems by the use of alcoholic beverages (Sections 2 to 4);
(b) restrictions on the administration of alcoholic beverages to certain persons, on certain days or on certain occasions (Sections 5 to 9);
(c) penalising offences committed against the provisions of this law by courts or national district committees (§ 10 to 16).
The fight against alcoholism pursuant to § 1 (2) (a) is carried out by district national committees normally through national health institutions (§ § 3 and 7 of the Act of 19 March 1947, No 49 Coll., on advisory health care), after the case through local national committees. In doing so, in particular the youth care authorities are involved under the Act of 19 March 1947, No. 48 Coll., on the organisation of youth care, and regulations issued under it, schools and school and labour protection authorities.
(1) The District National Committee may, by means of an effect, impose on persons who have re-introduced themselves by excessive consumption of alcoholic beverages into a state of public degradation or have caused a health disorder to undergo the care of the relevant advisers of the National Health Institute (hereinafter referred to as "the Advisory Board").
(2) The advice shall be that the persons referred to in paragraph 1 are required to:
(a) participate in regular lectures held by a consultative or abstinent group;
(b) undergo regular re-examinations at a counseling centre (educational supervision);
(c) to be treated in a professional manner according to guidance from advice.
(3) The Directives for the implementation of the tasks referred to in paragraph 2 are laid down by the Ministry of Health in an agreement with the ministries of the Interior, Education and Information and Social Welfare and are published in the Official Journal.
The Government shall determine by regulation who shall cover the costs of compulsory treatment ordered under the provisions of Paragraph 3 (2) (c).
(1) The following shall be prohibited:
(a) to sell or serve alcoholic beverages as well as to offer, mediate or otherwise allow the consumption of such beverages:
1. persons under the age of 18 (hereinafter referred to as "adolescents"),
2. drunk or drunk persons;
(b) to enjoy or allow anyone to enjoy alcoholic beverages other than beer and wine during dance parties.
(2) The District National Committee may order that only beer and wine may be served and used from alcoholic beverages on certain days of the week or on certain occasions at the innkeeper's, cafe's, or outsider's shops or in publicly accessible places.
(3) The prohibition in paragraph 1 (a), No 1, does not apply to the administration of beer to young people who carry it outside a business establishment for consumption by persons over the age of 18.
(1) Alcoholic drinks under this law are beverages containing more than 0.75% by volume of alcohol.
(2) In an agreement with the Ministry of Nutrition, the Ministry of Health may state in the Official Journal that this Act does not apply to certain types of fruit juices and syrup with a higher alcoholic strength than that referred to in paragraph 1.
Persons who pursue a profession or an activity the pursuit of which involves a danger to the life, health or physical safety of people or to property shall be prohibited from enjoying alcoholic beverages in the pursuit of that profession or activity, or immediately before or at the time of their pursuit, and in such a quantity that they are not fully sober when they enter that profession or activity.
(1) Business operators are obliged to take sufficient measures to maintain the prohibition set out in Sections 5, 1 and 2 and 7, even if they do not serve guests themselves, but give them to serve by others.
(2) Parents, other legal representatives or persons whose care and education is entrusted to a minor on a temporary or permanent basis are obliged to ensure that the prohibition set out in Article 5 (1) (a), (1), (1) and (1) is maintained.
(1) Anyone serving or selling alcoholic beverages is obliged to refuse to serve or sell alcohol if the age of a person (§ 5 (1) (a), (1), (1)) which requires a beverage unless he provides official proof that he has completed the 18th year of age.
(2) Paragraph 1 shall not apply to the case referred to in Paragraph 5 (3).
Any person who gives an alcoholic drink of such a kind or to such a degree as to seriously endanger his health or who, although obliged to prevent it (§ 8 (2)), will not do so, will be punished if his action is not more severe in accordance with other provisions, by a court for the offence of a rigid prison from one to six months.
Anyone who intentionally intoxicates or gives an alcoholic drink to a drunk, even if he knows or must know that he is in a state of drunkenness prone to violence or criminal acts, will be punished by a prison court from three days to three months.
Any person who, in the course of a broaching or small-scale sale of alcoholic beverages, provides a disproportionate quantity of such drink to a person known or required to know that he or she is in danger of economic destruction or endangering his or her family's own nutrition or nutrition shall be punished by a prison court from three days to three months.
(1) Those who consume alcoholic beverages, knowing or having to know that their actions may endanger the life, health or physical safety of people or qualify for damage to property, will be punished if their action is not more strictly punishable under other provisions, by a prison court from three days to three months.
(2) The same punishment as in paragraph 1 shall be punishable if it is not punishable under other legal provisions, who restores the excessive consumption of alcoholic beverages to a state of public degradation, particularly in the working environment.
(1) The offence referred to in Sections 10 to 13 is punishable.
(2) If the act referred to in Sections 10 to 12 has been committed out of profit, the court may, in addition to the sentence of freedom, impose a financial penalty on the winemaker from 500 CZK to 25,000 CZK.
Other acts and omissions contrary to the provisions of this Act, in particular the provisions of § 3, § 2, § 5, § 1 and § 2, § 7, 8 or § 9, § 1, punishable by the district national committee, if not more severe in criminal proceedings, as an administrative offence of fine up to 25.000 Kčs or by a sentence on freedom within three months. At the same time, in the event of imperfections, the penalty shall be imposed in accordance with the rate of guilt within three months.
If a court or district national committee condemns a guilty person for an offence under this law committed in the course of a trade, it may, if it has already been punished for an offence under this law, impose a temporary or permanent loss of business authorisation as a secondary sentence.
(1) If the Minister (Ministry) of Health generally modifies a matter in accordance with the previous provisions, he will do so for Slovakia, after having expressed his opinion to the Health Officer (delegate), who will agree with the delegates concerned.
(2) The Minister (Ministry) of Health shall exercise its powers under this Act in Slovakia through a medical officer (delegate), who shall follow the directives and decisions issued by the Minister (Ministry) of Health.
(3) The Decree of the Minister (Ministry) of Health in the Official Journal in matters governed by this Act will be published in the Official Journal (Official Journal) of the Minister for Health.
The Law of 17 February 1922, No 86 Coll., restricting the administration of alcoholic beverages, and the Decree of 13 June 1922, No 174 Coll., implementing that Act, are hereby repealed.
This Law shall take effect on the 15th day of the month following its publication; It shall be implemented by the Minister for Health in agreement with the Ministers of the Interior, Justice and Social Welfare and other participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 87 / 1948 Coll., on Combating Alcohol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.1948 |
|---|---|
| Effective from | 15.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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