Page:The Czechoslovak Review, vol4, 1920.pdf/215

inal matters belongs to regular criminal courts, in so far as it is not assigned to military criminal courts, and except as such matters may, in accordance with general ordinances, be dealt with ćy police or financial punitive procedure.

For the entire territory of the Czechoslovak Republic there shall be one supreme court.

The place of juries in judicial procedure is regulated by special laws.

Jury trials may be temporarily suspended in cases provided for by law.

The jurisdiction of courts martial may be extended to civil population in accordance with the provisions of law only in time of war and for acts done during the war.

96. Judicial power is in all instances separated from administration.

Conflicts of jurisdiction between courts and administrative organs are regulated by law.

97. Qualifications of professional judges are determined by law.

Judges shall take an oath of office that they will observe the laws.

The status of judges in the service of state is regulated by special law.

98. All judges shall execute their office independently of all considerations except only the law.

99. Professional judges are appointed permanently; they may not be transferred, demoted or pensioned against their will, except should there be a new organization of courts and then only during the period provided for by the law, or by virtue of a proper disciplinary finding; they may be pensioned also by a proper finding, when they reach the legal retirement age. Details are regulated by law which also prescribes, under what conditions judges may be suspended from office.

Judicial senates in courts of first and second instance are in session all year; exceptions are made by law.

100. Judgements are pronounced in the name of the Republic.

Sessions of court are oral and public; judgements in criminal cases are declared in jublic; the public may be excluded from court sessions only in cases enumerated by law.

In trials of criminal cases the principle of accusation applies.

101. Professional judges may not hold any other paid position, permanent or temporary, except as otherwise provided by law.

102. Judges in passing upon a legal question may examine the validity of an ordinance; as to law they may only inquire, whether it was properly promulgated (section 51).

103. The president of the Republic shall have power to declare amnesty, grant pardons or commute punishments, restore lost civil rights, in particular the right to vote for National Assembly and other elected bodies, and with the exception of criminal proceedings where an individual is complainant, suspend all criminal prosecution.

This power of the president of the Republic does not aply to members of the government, impeached or condemned in accordance with section 79.

104. Liability of the state and judges for damages caused by illegal execution of official authority is determined by law.

105. In all cases in which an administrative organ in accordance with particular laws passes upon claims for compensation the party affected may, after exhausting his remedies with higher authorities, apply for relief to courts.

Details are regulated by law.

106. Privileges due to sex, birth and calling are not recognized.

All inhabitants of the Czechoslovak Republic enjoy, equally with the citizens of the Republic, in its territory full and complete protection of race or religion. Exceptions to this principle are admissible only as far as is compatible with international law.

Titles may be conferred only when they refer to office or occupation; this does not apply to academic degrees.

107. Personal liberty is guaranteed. Details are regulated by a law which is a part of this constitution.

Personal liberty may be restricted or taken away only in conformity with law; likewise public authorities may compel a citizen to perform personal acts only in conformity with law.

108. Every Czechoslovak citizen may settle in any part of the Czechoslovak Republic, acquire real property there and en-