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Recodification of Criminal Procedure Law in the Years 1948-1950 and the role of Prof. Antonín Růžek

Publication at Faculty of Law |
2016

Abstract

Upon declaration of the two-year legal plan the Ministry of Justice commenced with preparation of the new fundamental legal codes, including the Criminal Procedure Act. The new Criminal Procedure Act was prepared in accordance with the set plan in the middle of 1950, however its preparation was neither in line with the requirements of the plan nor legislative rules regulating the preparation process.

The expert comitees and subcomitees did not proceed according to the plan, in fact the political comitee did not deal with the Criminal Procedure Act at all. Nevertheless, despite all the above problems, lack of time and pressure from the so called power departments, a relatively decent legal act was prepared.

On the other hand many of its provisions were vague and were misused by the criminal law enforcement authorities in the application practice, this leading to its replacement in 1956. Antonin Ruzek, an employee of the Ministry of Justice at that time, participated on preparation of the Criminal Procedure Act only in 1947 and January 1948.