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Úvodní strana155/1969 Coll.
Constitutional Act
of 17 December 1969
that amends and chapter eight of the Constitution
The Federal Assembly of the Czechoslovak Socialist Republic enacted the following Constitutional Act:
§ 1
Chapter eight of the Constitution (Constitutional Act no. 100/1960 Coll.) is amended as follows:
1. Article 98 reads:
“(1) Judicial power is executed in the Czechoslovak Socialist Republic by elected and independent courts.
(2) The courts are the Czechoslovak Supreme Court, the supreme courts of the republics, the regional and district courts and the military court.
(3) Provisions regarding regional and district courts apply also on differently named courts with same competences.
(4) The competences of the court when it comes to the review of the legality of the decision of the administrative authorities are enshrined by the law of the Federal Assembly.”
2. Article 99 reads:
“(1) The supreme judicial authority in the Czechoslovak Socialist Republic is the Supreme Court of the Czechoslovak Socialist Republic that observes the decision making of the supreme courts of the republics and supervises the legality of the decision making of all courts and ensures its consistency by
a) deciding on ordinary legal remedies against decisions of the military courts in cases specified by law,
b) deciding on complaints for violation of the law against the decisions of the supreme courts of the republics and of all military courts,
c) delivering opinions to ensure the consistency of the interpretation of laws.
(2) The Supreme Court of the Czechoslovak Socialist Republic further rules on the recognition of decisions of foreign courts on the territory of the Czechoslovak Socialist Republic, in cases determined by the acts on procedure before courts and before national notary it rules on jurisdiction of the courts and national notaries and it decides on competences disputes and in cases determined by law it examines the legality of decisions of federal authorities of state administration. The Supreme Court of the Czechoslovak Socialist Republic examines legality of final decisions inflicting the death penalty; exceptions may be determined by an act of the Federal Assembly only when it comes to martial procedure or procedure before courts in times of military conscription.
(3) The supreme judicial authority in the Czech Socialist Republic is the Supreme Court of the Czech Socialist Republic; the supreme judicial authority in the Slovak Socialist Republic is the Supreme Court of the Slovak Socialist Republic. The Supreme Courts observes the legality of the decision making of all other courts of the republic.”
3. Article 100 reads:
“(1) A senate or single judges decide in proceedings before the court. The law regulating the procedure before the court enshrines on the decision making in which senates and on which cases judges of the people participate and in which cases the single judge rules; as a single judge only professional judge may rule.
(2) The judges of people and the professional judges are equal when deciding.
(3) The court of the first instance is usually the district court.”
4. Article 101 reads:
“(1) The judges of the Supreme Court of the Czechoslovak Socialist Republic and the professional judges of the military courts are elected by Federal Assembly; the judges of the Supreme Court of the Czechoslovak Socialist Republic are usually elected in equal number from citizens of the Czech Socialist Republic and the Slovak Socialist Republic. The judges of the supreme courts of the republics and the professional judges of the regional and district courts are elected by the national council of the respective republic.
(2) The chairman and the deputy chairman of the Supreme Court of the Czechoslovak Socialist Republic are elected from the judges of this court by the Federal Assembly. If the chairman of the Supreme Court of the Czechoslovak Socialist Republic is elected a citizen of the Czech Socialist Republic, the deputy chairman is elected from Slovak Socialist Republic and vice versa.
(š) The judges of people of the regional and district courts are elected by national committees; the elections of the judges of people of the military courts are regulated by law.
(4) The professional judges are elected form the term of ten years; the judges of people are elected for the term of four years.
(5) The judges may be dismissed by the authority that elected them. The conditions of their dismissal as well as the conditions of the termination of the office of judge before the end of the electoral term are regulated by laws regulating the elections of judges.”
5. The section 2 of the article 102 se excluded.
6. The current wording of the article 104 is at its end amended as follows: “the Czechoslovak Socialist Republic” and is labelled as section 1.
Section 2 in following wording is added:
“(2) The Prosecution is divided into General Prosecution of the Czechoslovak Socialist Republic, General Prosecution of the Czech Socialist Republic, General Prosecution of the Slovak Socialist Republic and lower segments that are to be determined by law of the Federal Assembly. General prosecutors of the republics are at the head of the general prosecutions of the republics.
7. The article 105 reads:
“(1) General prosecutor of the Czechoslovak Socialist Republic is appointed and dismissed by the president of the Czechoslovak Socialist Republic. If the general prosecutor of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, its first deputy should be appointed a citizen of the Slovak Socialist Republic and vice versa.
(2) The general prosecutor of the republic is appointed and dismissed by the board of the national council of the respective republic. A proposal for appointment is submitted by the general prosecutor of the Czechoslovak Socialist Republic who may also suggest to national council of the respective republic to dismiss the general prosecutor of the republic.
(3) The general prosecutor of the Czechoslovak Socialist Republic is in all scope of its competences accountable to the national council of the respective republic.”
8. The article 8 reads:
“(1) The organs of the prosecution exercise their functions independently on local authorities. In all activities their rely on the initiative of the working people and its organisation.
(2) The organs of the Czechoslovak Socialist Republic and of the military prosecutions are subordinated to the general prosecutor of the Czechoslovak Socialist Republic. The general prosecutors of the republics are subordinated to him when it comes to the supervision over strict execution and observance of the laws and other legal regulations issued by the authorities of the Czechoslovak Socialist Republic.
(3) The organs of the prosecution in the Czech Socialist Republic and Slovak Socialist Republic are subordinated to the general prosecutor of the respective republic. They are subordinated to the general prosecutor of the Czechoslovak Socialist Republic in specific cases named in the laws.”
9. Following the article 106, article 106a in following wording is inserted:
“Art. 106a
Reports on the state of the socialist legality
(1) Federal Assembly discusses reports of the Supreme Court of the Czechoslovak Socialist Republic and the general prosecutor of the Czechoslovak Socialist Republic on the state of the socialist legality.
(2) National council of the respective republic discusses reports of the supreme court of the republic and the general prosecutor of the republic on the state of the socialist legality.”
§ 2
Decisions of the courts, the prosecutions and the state notaries are valid and enforceable on the entire territory of the Czechoslovak Socialist Republic.
§ 3
(1) Federal Assembly regulates by law the organisation and the activities of the courts and the legal position of judges and judicial trainees, the organisation and the activities if the prosecution and the legal position of the prosecutors, investigators and legal trainees of the prosecution, the organisation and the activities of the state notary, the proceedings before it and legal position of the state notaries.
(2) The election and the dismissal of the judges of people of the regional and district courts are regulated by the laws of the national councils; the election of other judges including military, their appointment and dismissal is regulated by law.
(3) Law of the Federal Assembly may entrust the regulation of above mentioned in the section 1 to legislation of the republics. If the Federal Assembly does not regulated the above mentioned in the section 1 in its entirety, the national councils may regulate it.
§ 4
(1) The electoral term of the Supreme Court, regional and district courts and military courts ends the day of the election of the judges according to this constitutional act, 30 June 1970 the latest.
(2) The preceding provision applies also to judges elected according to the Constitutional Act no. 81/1968 Coll. that regulates certain matters regarding the elections of judges in the wording of the Constitutional Act no. 57/1969 Coll.
(3) Until the Supreme Court of the Czechoslovak Socialist Republic, the Supreme Court of the Czech Socialist Republic and the Supreme Court of the Slovak Socialist Republic are established, their competences are to be carried out by the current Supreme Court.
§ 5
The Constitutional Act no. 81/1968 Coll. in the wording of the Constitutional Act no. 57/1969 Coll. is abolished.
§ 6
This Constitutional Act comes into effect on 1 January 1970.