Act No. 88 / 1950 Coll.

Administrative law

Valid Effective from 01.08.1950
Contents
HLAVA I. § 1. § 2. § 3. HLAVA II. § 4. § 5. § 6. § 7. § 8. § 9. § 10. HLAVA III. Oddíl 1. § 11. § 12. § 13. § 14. § 15. § 16. Oddíl 2. § 17. § 18. § 19. § 20. § 21. § 22. § 23. § 24. § 25. § 26. Oddíl 3. § 27. § 28. § 29. § 30. HLAVA IV. § 31. § 32. HLAVA I. § 33. Oddíl 1. § 34. § 35. § 35a § 36. § 37. § 38. Oddíl 2. § 39. § 40. § 41. Oddíl 3. § 42. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. Oddíl 4. § 53. § 54. § 55. § 56. § 57. § 58. § 59. § 60. Oddíl 5. § 61. § 62. § 63. § 64. § 65. § 66. § 67. § 68. § 69. § 70. HLAVA II. § 71. Oddíl 1. § 72. § 73. § 74. § 75. § 76. § 77. § 78. § 79. Oddíl 2. § 80. § 81. § 82. § 83. § 84. § 85. § 86. Oddíl 3. § 87. § 88. § 89. HLAVA III. § 90. Oddíl 1. § 91. § 92. § 93. § 94. § 95. § 96. § 97. § 98. § 99. § 100. § 101. § 102. § 103. § 104. § 105. § 106. Oddíl 2. § 107. § 108. § 109. Oddíl 3. § 110. § 111. § 112. § 113. § 114. § 115. § 116. § 117. HLAVA IV. § 118. § 119. § 120. HLAVA V. § 121. § 122. § 123. § 124. § 125. § 126. HLAVA VI. § 127. Oddíl 1. § 128. § 129. § 130. § 131. § 132. § 133. § 134. § 135. § 136. § 137. § 137a. Oddíl 2. § 138. § 139. § 140. § 141. § 142. § 143. Oddíl 3. § 144. § 145. § 146. § 147. § 148. HLAVA VII. § 149. § 150. § 151. § 152.
88.
Administrative law
of 12 July 1950
The National Assembly of the Czechoslovak Republic decided on the following Act:
GENERAL PART.

HLAVA I.

Initial provision.
§ 1.
The purpose of the law.
The Administrative Criminal Act protects the People's Democratic Republic, its socialist construction, the interests of the working people and individuals, and educates them to respect the rules of socialist coexistence.
§ 2.
Relation to the criminal law of the court.
According to this law, only acts that are not punishable under criminal law are prosecuted as offences.
§ 3.
Scope of the law.
(1) The offences are offences committed in the territory of the Czechoslovak Republic.
(2) However, criminal offences committed abroad by which a Czechoslovak citizen has violated his obligations outside the territory of the state are also punishable.
(3) The penalty for the 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.

HLAVA II.

Criminal responsibility.
§ 4.
Guilty.
(1) If intent is not required to commit an offence, the offender shall be liable for the criminal offence, unless the caution required by the company.
(2) If intent is required to commit an offence, the offender shall be liable if the result provided for in the law wanted to cause it or knew that it could cause it, and if it did, he was satisfied.
§ 5.
Liability for legal persons.
The legal person shall be held liable for the criminal offence of those physical persons who acted for it or should have acted for it.
§ 6.
Try.
(1) An act capable of producing the result set out in the law and intended by the perpetrator is an attempt if that result does not occur.
(2) Attempted is as criminal as an offence itself.
(3) Attempts are not punishable if the perpetrator voluntarily forgoes the result of the law.
§ 7.
Instructions and help.
(1) He who purposely, even in vain, leads someone to an offence shall be punished as if he were the perpetrator.
(2) Whoever purposely assists someone in committing an offence or tries to commit it will be punished as if he were the perpetrator himself. In particular, provision of means, removal of obstacles, advice, affirmation of resolutions or a promise to contribute after an infringement. But if there is no attempt to commit an offence to which assistance has been sought, there is no helper.
(3) The provisions of paragraph 2 shall also apply to those who deliberately facilitate the commission of an offence by not giving an order or exercising supervision, although they are obliged to do so.
(4) Inducers and helpers are not liable for any criminal offence if they voluntarily prevent an offence.
§ 8.
Emergency.
(1) A transgression is not an act by which someone averts the danger directly to him or to someone else, unless there has been a significantly greater damage than the one that threatened, and the danger could not be averted otherwise.
(2) It is not an emergency as referred to in paragraph 1 if he who was in danger was obliged to bear it.
§ 9.
Age.
Whoever did not complete the 15th year at the time of the offence is not liable.
§ 10.
Insanity.
(1) Anyone who could not recognize his illegality or control his actions at the time of the offence or who could not be held responsible for such an offence.
(2) The impaired consciousness caused by the ingestion of an alcoholic drink or other narcotic drug does not exclude criminal liability for an offence committed in that state.

HLAVA III.

Punishments.

Oddíl 1.

Common provisions on the imposition of penalties.
§ 11.
Types of punishment.
(1) The main penalties are:
(a) in jail,
(b) public censure;
(c) fine.
(2) The other punishments are:
(a) forfeiture of assets;
(b) a prohibition of action;
(c) a residence permit;
(d) forfeiture of the case;
(e) publication of the finding.
(3) The specific section shall specify which main penalties are imposed for individual offences. Where secondary punishment may be imposed in addition to the main sentence, § 21 to 25 provides.
§ 12.
Punishment rate.
The measurement of the penalty shall take into account the degree of risk to society of the offence, in particular with regard to the manner in which the offence is committed, its consequences, the extent of the fault, the person responsible, the possibility of rectification and the circumstances of both aggravating and mitigating.
§ 13.
Circumstances aggravating.
The aggravating circumstance is that the perpetrator
(a) committed an offence of low motives,
(b) he has violated his specific obligations;
(c) repeated or continued the offence for a longer period; or
d) led to an offence of another, especially a minor.
§ 14.
Circumstances mitigating.
The attenuating circumstance is that the perpetrator
(a) has committed an offence in a state of reduced sanity, unless it is self-inflicted, in particular by drinking alcohol;
(b) act in a strong mental distress;
(c) he has committed an offence in the near age of a minor,
(d) committed an offence under pressure of subordination or dependence; or
(e) he has committed himself to rectify the harmful consequences of the offence.
§ 15.
Punishment in multiple offenses.
If someone is to be punished at the same time for several offences, a single sentence shall be imposed according to the legal provision which applies to the most severe of them; other offences shall be taken into account as aggravating circumstances. The provision of secondary punishment will also be used if it applies only to one of the offences.
§ 16.
The abandonment of punishment.
(1) If the interests of the working people do not require the perpetrator who otherwise leads the working person's proper life to be punished, the national committee may decide only on guilt and refrain from punishment.
(2) The National Committee may make the waiver of punishment subject to the condition that the offender fulfils certain obligations to remedy it, provided that he makes good the damage caused by the offence. If the offender fails to comply with the condition imposed, the national committee shall impose a penalty on him.

Oddíl 2.

Saving and executing individual punishments.
§ 17.
Withdrawal.
The prison sentence shall be executed, unless otherwise provided for in Article 12 (3), in a judicial or administrative prison.
§ 18.
Public reprimand.
Public reprimand shall be carried out in such a way that the finding to which this punishment has been imposed shall be publicly posted or otherwise declared.
§ 19.
Fine.
(1) When imposing a fine, the national committee shall also take into account the personal and property ratios of the offender within the limits of the criminal rate.
(2) The national committee may state that the owner of a private undertaking or the person responsible for the management of a private undertaking in whose operation the offence was committed is also liable for an impenetrable fine imposed by the perpetrator, provided that he has been granted or facilitated by neglect of the care of the offender.
(3) The fines are for the State.
§ 20.
Replacement punishment for impenetrable fines.
(1) In the event of non-compliance with the fine, the national committee shall provide for an alternative prison sentence, which shall not, however, exceed the upper limit of the criminal penalty imposed on the offence.
(2) Where a fine is imposed together with a prison sentence, the replacement sentence, together with the sentence of imprisonment, must not exceed the upper limit of the criminal penalty imposed on the offence.
(3) Where a fine is imposed in conjunction with a prison sentence to be carried out in a forced labour camp, the replacement sentence, together with a prison sentence, shall not exceed two years.
§ 21.
Profit of fortune.
(1) When punishing for a serious offence, the National Committee may declare forfeiture of the perpetrator's property if the perpetrator deliberately manifested a manifest hostility to the people's democratic order by his offence.
(2) The word of forfeiture affects either the perpetrator's entire fortune or the part of it determined by the National Committee. He becomes the owner of the forfeited fortune.
(3) The judgment on the forfeiture of assets shall not apply to items which the offender or the persons he cares for need to satisfy the basic needs of life.
§ 22.
No activity.
(1) If the perpetrator has committed an infringement of an activity or profession, a prohibition of such an activity or profession may be made.
(2) The prohibition provided for in paragraph 1 is set at up to three years; the period of imprisonment shall not count.
§ 23.
No residence.
If the interests of the working people so require, the National Committee shall, after that, prohibit the perpetrator who committed a serious offence threatening the building effort of the working people from staying in a specific place.
§ 24.
Disclosure.
If the nature of the case so requires, the national committee shall order the publication of a hit on the perpetrator's cargo. The National Committee shall also determine the manner and conditions for such publication.
§ 25.
Falling things.
(1) A case may be declared forfeited,
(a) which has been used to commit an offence,
(b) which is intended to commit an offence;
(c) obtained by or as remuneration for the offender;
(d) which the offender has acquired for an offence; or
(e) which the perpetrator has acquired for a cause obtained as a reward for committing an offence.
(2) Only a thing belonging to the perpetrator can be declared bankrupt.
(3) It becomes the owner of the lost cause.
§ 26.
It'll stop things.
(1) If the matter referred to in Paragraph 25 (1) has not been declared forfeited, the national committee may state that the matter is working,
(a) if it belongs to an offender who cannot be prosecuted,
(b) belong to the perpetrator whose punishment has been waived; or
(c) where the safety of persons or property or morality is at risk.
(2) The owner of the seized thing becomes.

Oddíl 3.

Special provisions on juvenile punishment.
§ 27.
Youth.
(1) When punishing persons who, at the time of the offence, completed the 15th year and did not exceed the eighteenth year (youth), the National Committee shall take into account the special care that the People's Democratic Republic gives to young people.
(2) The purpose of the juvenile punishment is to raise him in a proper working citizen, taking into account his personal qualities, his family education and the environment from which he comes.
§ 28.
Excluding some punishments.
The following penalties may not be imposed on a young person:
(a) public reprimand;
(b) forfeiture of assets;
(c) prohibition of action;
(d) a residence permit;
(e) publication of the finding.
§ 29.
The abandonment of punishment.
(1) The National Committee will refrain from punishing a juvenile (§ 16) whenever it can be expected to contribute more effectively to his education than punishment.
(2) If the national committee forgoes the punishment of a minor, it will always give him the appropriate advice.
§ 30.
Storage and execution of penalties.
(1) The upper limits of criminal rates are halved in adolescents.
(2) As punishment, a fine is generally imposed on a minor. Freedom is only imposed if it cannot be expected that a juvenile can be fined.
(3) A replacement prison sentence cannot be imposed on a young person for an immaterial fine.
(4) The sentence of imprisonment shall apply to minors in separate juvenile institutions or in special departments of prisons.

HLAVA IV.

The end of the crime.
§ 31.
The statute of limitations on prosecution.
(1) The offence shall cease to be punishable one year from the time it was committed, in the case of offences against the financial economy referred to in paragraphs 61 to 70, two years later.
(2) The limitation of criminal prosecution shall be suspended if the national committee, court or prosecutor takes measures to prosecute the offender for an act of limitation. By interrupting the statute of limitations, a new statute of limitations begins.
§ 32.
Limitation of execution.
(1) The penalty imposed may not be imposed if two years have elapsed since the date of the finding of legal authority. The limitation period shall not include the period during which the offender stays abroad.
(2) The limitation of the execution of the sentence shall be suspended if the national committee takes measures to enforce the sentence of which the limitation is concerned. By interrupting the statute of limitations, a new statute of limitations begins.
SPECIAL PART.

HLAVA I.

Protection of the economy.
§ 33.
General provision.
Those who make it difficult or threaten or who abolish the construction of an economic system, in particular the economic entrepreneurship of the state or of the people's cooperatives, will be punished if no other penalty is further imposed, a fine of up to 20 000 CZK or a public reprieve or withdrawal of liberty for up to three months.

Oddíl 1.

Protection of the economic system.
§ 34.
Defeats against nationalization.
Those who make it difficult or threaten, or who abolish the nationalisation of an undertaking, an economic object or other assets subject to nationalisation, shall be punished by a fine of up to CZK 125,000 or by deprivation of liberty for up to six months.
§ 35.
Protection of national property.
(1) Any person who unlawfully withdraws national property for the purpose to which he is to serve, in particular those who, under his obligation, do not notify or surrender such property or prevent the competent authorities from dealing with it, shall be penalised by a fine of up to 125,000 CZK or by withdrawal of liberty for up to six months.
(2) In the same way, he who handles the property of the people's cooperatives or the property of the national administration will be punished.
§ 35a
Dismemberment and damage to property held in socialist property
Anyone who steals or intentionally damages property that is in socialist property, and is an act of little importance, will be punished by a fine of up to 5,000 CZK or by public reprimand or withdrawal of liberty for up to three months.
§ 36.
Transfers in the field of land modification.
Those who make the land reform or technical economic adjustment of the land difficult or dangerous or who cancel will be punished by a fine of up to 20 000 CZK or by deprivation of liberty for up to three months.
§ 37.
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Regulation Information

CitationAct No. 88 / 1950 Coll., Criminal Administrative Act
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation18.07.1950
Effective from01.08.1950
Effective until-
Status Valid
The regulation text is for informational purposes only.

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