What is Act No. 89 / 1950 Coll.?

Act No. 89 / 1950 Coll., on Administrative Criminal Procedure (Administrative Criminal Code) — Law on Administrative Criminal Procedure (Administrative Criminal Code).

When it became Act No. 89 / 1950 Coll. effectiveness?

Act No. 89 / 1950 Coll. became effective 01.08.1950.

Is Act No. 89 / 1950 Coll. still valid?

Yes, Act No. 89 / 1950 Coll. is still valid and effective.

Act No. 89 / 1950 Coll.

Law on Administrative Criminal Procedure (Administrative Criminal Code)

Valid Effective from 01.08.1950

HLAVA I. § 1. § 2. § 3. § 4. § 5. § 6. HLAVA II. Oddíl 1. § 7. § 8. § 9. § 10. § 11. Oddíl 2. § 12. § 13. § 14. § 15. § 16. Oddíl 3. § 17. § 18. § 19. § 20. § 21. § 22. Oddíl 4. § 23. § 24. § 25. § 26. § 27. § 28. § 29. § 30. § 31. § 32. § 33. HLAVA III. Oddíl 1. § 34. § 35. § 36. § 37. Oddíl 2. § 38. § 39. § 40. Oddíl 3. § 41. § 42. § 43. § 44. § 45. Oddíl 4. § 46. § 47. § 48. § 49. HLAVA IV. Oddíl 1. § 50. § 51. § 52. § 53. § 54. § 55. § 56. § 57. Oddíl 2. § 58. Oddíl 3. § 59. § 60. Oddíl 4. § 61. § 62. § 63. § 64. HLAVA V. § 65. § 66. § 67. § 68. § 69. § 70. § 71. § 72. HLAVA VI. Oddíl 1. § 73. Oddíl 2. § 74. § 75. § 76. Oddíl 3. § 77. § 78. § 79. Oddíl 4. § 80. HLAVA VII. § 81. § 82. § 83. § 84. HLAVA VIII. § 85. § 86. § 87. § 88. § 89. HLAVA IX. § 90. § 91. § 92. § 93. § 94.

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89.

Law

of 12 July 1950

on administrative criminal proceedings (administrative criminal law).

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

HLAVA I.

Initial provision.

§ 1.

The purpose of the law.

(1) The purpose of this Act is to regulate administrative criminal proceedings in such a way as to enable the rapid and reliable detection and fair punishment of offences and thus ensure the fulfilment of the tasks of the Administrative Criminal Act, in particular to raise to fulfil obligations in the building of socialism.

(2) This task is carried out by national committees, in close cooperation with the working people, who also contribute to the protection of socialist construction by their participation in the detection of offences.

§ 2.

Obligation to prosecute offences.

National committees prosecute all the misdemeanors they learn about, while carefully finding out all the facts relevant to the matter.

§ 3.

Abandoning prosecution.

If the offence is less significant and does not require the interests of the working people to prosecute the offence, the national committee may refrain from initiating or suspending proceedings.

§ 4.

Synergies of the public authorities in the proceedings.

Public authorities are obliged to assist the national committees in prosecuting offences, in particular to comply with their requests without delay and to notify them of the offences they learn about.

§ 5.

Investigation of state interests.

National committees and other public law enforcement authorities are required to take measures to ensure that national, economic and professional secrecy is not violated.

§ 6.

Exemptions from the scope of the Administrative Penal Code.

Under this law, there is no prosecution

(a) members of the armed forces, the National Security Corps and the Prison Guard Corps for offences committed in active duty;

(b) persons entitled to the right of exteritoriality or personal liberation.

HLAVA II.

General provisions.

Oddíl 1.

Jurisdiction

§ 7.

Loyalty.

(1) The transfers are prosecuted in the first seat by the county national committees.

(2) The Government provides for regulations on offences and the extent to which local national committees will prosecute in the first chair.

§ 8.

Local jurisdiction.

(1) The offence is prosecuted by a national committee in whose district the offence was committed.

(2) If it is not possible to establish where the offence has been committed, or if the offence has been committed abroad, proceedings shall be carried out by a national committee in whose district the defendant is domiciled, employed or resident; If they do not have them in the Czechoslovak Republic or if they are not detected, the proceedings shall be carried out by a national committee in whose circumference the offence has become apparent.

(3) Where several national committees are responsible pursuant to paragraphs 1 and 2, the procedure shall be carried out by the national committee first to take action.

(4) The national committee responsible for prosecuting an infringement may, in order to expedite proceedings, request another national committee of the same degree to carry out the proceedings instead.

§ 9.

Joint management.

(1) Joint proceedings shall be held on all offences of the same defendant and against all persons whose offences are in close connection. For important reasons, an offence may be excluded from the joint proceedings.

(2) In the joint proceedings, if offences are to be dealt with which both the local and the district national committee is responsible for prosecuting them, the district national committee shall be responsible.

(3) Joint infringement proceedings involving different national committees of the same degree shall be carried out by the national committee responsible for the most serious infringement proceedings. From several national committees thus competent, the management shall be carried out by the national committee which first took action.

§ 10.

Absence of double punishment.

(1) If it is considered that an act to be prosecuted as an offence constitutes the facts of an act within the reach of a court, it shall not, after interruption of the national committee, initiate the proceedings and draw the attention of the prosecutor concerned. If criminal proceedings have already been initiated for such an act, the national committee shall always suspend proceedings until the judicial decision becomes final.

(2) If a finding has already been issued (a criminal order), its execution shall be postponed. If there is a judicial penalty, the national committee which decided on the matter in the first chair shall withdraw the finding (criminal order).

§ 11.

Exclusion of biased organs.

(1) The institutions for which the proportion of the case or persons concerned by the action or their legal representatives or agents may be doubted may be excluded from the procedure.

(2) The second seat shall also exclude those who, as the authority of the national committee, have taken part in the first chair proceedings.

Oddíl 2.

Detention of a person, custody and other restrictions.

§ 12.

Detaining a person.

(1) A person suspected of an offence may be detained primarily by national security authorities and only in special cases by other public authorities. A person may be detained,

(a) where there is doubt as to its identity,

(b) trying to avoid prosecution by escaping; or

(c) raise reasonable concern that it will affect witnesses or co-defendants or otherwise impede the clarification of the case.

(2) According to paragraph 1 (a), a person may be detained only until his identity has been established. The detention referred to in paragraph 1 (c) may be carried out only if there is a serious offence and only by written order from the national committee in which the offence and the reason for the detention are identified; However, if there is a danger of delay, detention may be carried out without such an order.

(3) A written arrest warrant shall be delivered to the detainee at the time of detention and, if this is not possible, within 48 hours of the detention.

(4) The person detained shall be released or surrendered to the relevant national committee within 48 hours.

§ 13.

Binding.

The detainee shall be heard by the national committee immediately. If the cause of detention under Article 12 still persists, it shall take the person detained into custody; or she'll be released.

§ 14.

Time of custody.

(1) Public law enforcement authorities are obliged to make the link as short as possible.

(2) As soon as the cause of the arrest is over, the defendant will be released immediately. Otherwise, the binding ends with the first stool being found, but no later than 30 days after detention. If the defendant has been subjected to the first sentence of imprisonment for more than 30 days, the binding may be extended until the decision of the appellate chair, but never for a longer period than the sentence given by the first.

(3) The duration of the detention shall be included in the prison sentence. If only a fine is imposed, detention shall also be taken into account in the measure.

§ 15.

Other restrictions.

The place of detention may impose restrictions on the defendant by the national committee in respect of the place of residence or the obligation to notify the national committee immediately of the change of residence.

§ 16.

A separate appeal.

A separate appeal may be lodged against a decision to detain, take custody or other restrictions (Paragraph 15); However, the appeal shall not have suspensory effect.

Oddíl 3.

Home and personal search, extradition and removal.

§ 17.

Reasons for the search.

(1) If there is a reasonable suspicion that there is a matter of importance for driving in an apartment or in another room or space, or that there is a person suspected of infringing, a home search may be carried out.

(2) If there is a reasonable suspicion that someone is carrying a thing that is important for driving, a personal search may be carried out.

§ 18.

Previous interrogation.

A home or personal search may be carried out only after prior questioning of who or to whom it is to be carried out, and only if the interview does not reach a voluntary release of the wanted item, nor does it lose any other grounds which suggest the inspection. There is no need for this interrogation if there is a danger of delay.

§ 19.

Search warrant.

(1) A home or personal inspection may be carried out only on written reasoned order from the National Committee. There is no need for such a command if there is a danger of delay.

(2) The written order shall be delivered to the person to whom the inspection takes place during the inspection and, if this is not possible, within 48 hours of the inspection.

(3) A separate appeal may be lodged against the order of the National Committee for home or personal inspection; However, the appeal shall not have suspensory effect.

§ 20.

Power.

(1) Home and personal inspections are carried out primarily by national security authorities and, in specific cases, by other public authorities.

(2) The authority carrying out the inspection must demonstrate with its authority and allow the home inspection to be carried out by the person to whom it takes place or by his representative.

(3) A reliable person as a witness shall be added to the performance of the house and personal inspection as far as possible.

(4) At the request of the person to whom the inspection has been carried out, the inspection authority shall immediately give it and, if this is not possible, within 48 hours a written confirmation of the reasons for the inspection and of the result thereof, as well as of the items issued or withdrawn.

§ 21.

Issue and removal.

(1) Those who carry a matter of importance for the proceedings, in particular that may be declared bankrupt or prevented for the benefit of the State, shall be obliged to issue it at the request of the national committee.

(2) If he does not comply with the call for a case, the matter may be withdrawn by order of the national committee. That is also to be pointed out by the person invited.

(3) Where there is a danger of delay or in the performance of a home or personal inspection, public authorities may withdraw the case without prior notice and without prior notice from the national committee, but shall notify the competent national committee accordingly. The National Committee shall decide without delay whether the withdrawal remains in force.

(4) The authority which has issued the case or to which the case has been withdrawn shall issue a written certificate of issue or withdrawal.

(5) A separate appeal may be lodged against the decision of the national committee on the withdrawal; However, the appeal shall not have suspensory effect.

§ 22.

Returning things.

(1) If the case is no longer necessary for further proceedings, it shall be returned to the person who issued it or to whom it has been withdrawn unless another person exercises his right to it or whose right to the matter is undoubted.

(2) The issue or withdrawal shall be kept in custody, as a general rule, with the national committee; However, if there is a risk that the matter is going to go bad, or if the safekeeping of the matter requires a disproportionate cost which is not willing to be borne by the person exercising the right to the matter, it shall be sold and the proceeds shall be left to the safekeeping of the national committee.

Oddíl 4.

Common provisions.

§ 23.

Serve.

(1) Administration may be made in writing, oral or telegraphic. The oral submission shall be accompanied by a report signed by the person who made the submission.

(2) Where a procedural document is wrongly identified, it shall decide its content for the purposes of the proceedings.

§ 24.

Counting deadlines.

(1) When calculating the time limits laid down in accordance with the dates, the date to which the time or event to be taken shall not be counted.

(2) The periods laid down in accordance with weeks, months or years shall end on the day of the last week or month which corresponds to the date on which the period was conceived with its name or number. If this day is missing in the last month, the period shall end on the last day of the month.

(3) The beginning and running of the period do not interfere with working days. If the time limit for the day of work is over, the next working day shall be deemed to be the last day of the period.

(4) The time limit is maintained if the submission has been submitted within the time limit to the post office with the address of the authority to which it is due or may be made.

(5) In doubt, the time limit shall be deemed to have been maintained if the opposite is not demonstrated.

§ 25.

Time back.

(1) Where, for justifiable reasons without fault, a time limit for the lodging of an appeal or an application for the prosecution of an infringement of an offence of honour is granted to the national committee which has decided or should have taken a decision on the matter in the first chair, the repayment of the time limit, if it so requests within 15 days of the date of the absence of the obstacle and submits within the same period a missed appeal or application.

(2) The legal effects of a timely application for recovery of the period of appeal are the same as that of the appeal lodged in due time.

(3) Where the national committee authorises the repayment of the time limit, the time limit for lodging an appeal or application shall be deemed to have been maintained.

§ 26.

Person involved.

The person concerned shall mean:

(a) he whose case may or may have been taken, even if he is not in the case of the accused;

(b) those who may or have been liable for an immaterial fine;

§ 27.

A spy.

(1) The accused, interested parties and their legal representatives shall act in person in proceedings before the national committee; However, they may be represented by an agent, unless the national committee decides that they must be present in person.

(2) There is no representation by a lawyer in the libel proceedings.

§ 28.

Looking into files.

(1) The accused, interested parties, their legal representatives and agents have the right, after the finding has been issued, to inspect and make extracts and remarks of the files, except for advisory entries.

(2) Inspection of files may be refused for the reasons set out in Section 5.

§ 29.

Order tickets.

(1) The National Committee may impose an order-by-order fine of up to 5 000 CZK on the person who cancels the proceedings or treats the procedural body or fails to comply with its orders.

(2) For reasons of special consideration, the National Committee may waive or mitigate the order of order.

§ 30.

Demonstration.

If a person who has been duly summoned does not appear without an adequate apology to the national committee, he may be presented. The summons shall be brought to the attention of the possibility of a demonstration and of any other consequences of his absence.

§ 31.

Evidence of witnesses.

(1) Everyone shall be required to testify before the national committee as a witness.

(2) Before the hearing, the witness shall be called upon to testify truthfully, and shall be informed of when he may refuse the testimony and of the consequences of perjury.

(3) The public authority may not be questioned as a witness as to what it has learned in the performance of its office or service and what it is obliged to keep secret, unless it has been relieved of that obligation.

(4) To refuse to testify as a witness is a relative of the accused in a direct and sibling generation, husband, adopted or adopted by the accused.

(5) The witness may also refuse to testify if:

(a) it has infringed an explicit or recognised obligation of secrecy by the State, unless it is exempted from that obligation by the competent authority or in the interests of which it has that obligation;

(b) cause a danger of criminal prosecution to himself, to his relative in a direct, siblings or spouse or to other persons in relation to family or similar persons whose harm he would have felt as serious harm to his own.

§ 32.

Evidence from an expert.

(1) If an expert opinion is required, the National Committee shall add one or more experts.

(2) If blood tests or other similar action are required to be carried out by the expert, the defendant shall be obliged to suffer from such an action by the doctor, unless it is associated with a serious risk to the health of the defendant.

(3) Paragraphs 11 and 31 apply mutatis mutandis to experts.

§ 33.

Evidence by examination.

The search shall be carried out if the facts relevant to administrative proceedings are to be identified or clarified by direct observation.

HLAVA III.

Driving.

Oddíl 1.

Block control.

§ 34.

Management conditions.

National committees may authorise public authorities to impose fines on the spot on persons who have been found and are willing to pay the fine and to withdraw the fine immediately by means of a criminal block. In agreement with the central authorities involved, the Ministry of the Interior grants a mandate for territories exceeding the district of the National Committee.

§ 35.

The consequences of not paying the fine.

(1) If a person is not willing to pay the fine, the authorised authority shall refrain from imposing the fine and shall notify the offence to the relevant national committee.

(2) Where a person is willing to pay the fine but cannot do so on the spot, the authorised authority shall issue him a special criminal block, which shall also include a lesson on how the fine is to be paid and the consequences of the non-payment. If the fine is not paid within the prescribed period, the enforcement procedure shall be carried out.

§ 36.

Penal block for the absent.

A criminal block may also be issued in the absence of the defendant by attaching himself to the offence. If the fine has not been paid within the prescribed period, the criminal block shall cease to be valid and the authorised authority shall notify the offence to the relevant national committee.

§ 37.

Inadmissibility of appeal.

An appeal shall not be admissible against the imposition of a fine in block proceedings.

Oddíl 2.

Command procedure.

§ 38.

Management conditions.

The National Committee may impose a penalty for an offence without further proceedings by a criminal order, unless there is doubt that the defendant is the perpetrator of the offence.

§ 39.

Contents of a criminal order.

The criminal order shall be justified and shall contain a statement of opposition.

§ 40.

Resistance.

(1) The defendant may oppose the criminal order within 15 days of the date of service. In resistance, he will, if possible, mark the evidence used to defend him. The resistance shall be filed with the national committee which issued the criminal order. However, the defendant shall not be harmed if he has resisted the superior national committee or orally the local national committee of his residence or place of work.

(2) An early submission of the opposition renounces the criminal order. The national committee shall then conduct oral proceedings or written proceedings, in which the opposition may be considered to justify the defendant within the meaning of Article 44 (2).

(3) The late resistance will be rejected by the National Committee that issued the criminal order.

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Regulation Information

Citation	Act No. 89 / 1950 Coll., on Administrative Criminal Procedure (Administrative Criminal Code)
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. 89 / 1950 Coll.

Law on Administrative Criminal Procedure (Administrative Criminal Code)

Contents

HLAVA I.

§ 1.

§ 2.

§ 3.

§ 4.

§ 5.

§ 6.

HLAVA II.

Oddíl 1.

§ 7.

§ 8.

§ 9.

§ 10.

§ 11.

Oddíl 2.

§ 12.

§ 13.

§ 14.

§ 15.

§ 16.

Oddíl 3.

§ 17.

§ 18.

§ 19.

§ 20.

§ 21.

§ 22.

Oddíl 4.

§ 23.

§ 24.

§ 25.

§ 26.

§ 27.

§ 28.

§ 29.

§ 30.

§ 31.

§ 32.

§ 33.

HLAVA III.

Oddíl 1.

§ 34.

§ 35.

§ 36.

§ 37.

Oddíl 2.

§ 38.

§ 39.

§ 40.

Contents

Comments 0

Regulation Information

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