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Finding The Section 260 Paragraph. 1 And Section 261 Of The Criminal Code. Law

Original Language Title: Finding the § 260 paragraph. 1 and § 261 of the Criminal Code. Law

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Na01/92 CONSTITUTIONAL Court of the Czech and Slovak Federal Republic, Plenum of the Constitutional Court of the Czech and Slovak Federal Republic decided at a public hearing on September 4, 1992 as follows: The provisions of § 260 paragraph. 1 and section 261 of the Criminal Act No. 140/1961 Coll., the wording of Art. And paragraphs 51 and 52 of the Act No. 557/1991 Coll., including the title of these regulations are in compliance-with Art. 2 of the Charter of Fundamental Rights, proclaimed by the Constitutional Act No. 23/1991 Coll. (hereinafter the "Charter"), which prohibits state bound by an exclusive ideology-with Art. 15 of the Charter guaranteeing freedom of thought and funding-with Art. 17 of the Charter guaranteeing freedom of expression and right to information,-with Article 40 paragraph. 6 of the Charter prohibiting the retroactive application of the same or stricter criminal law-Article. 42 para. 2 of the Charter přiznávajícím foreigners come basically the same human rights and fundamental freedoms as Czechoslovak citizens-with Art. 15 of the International Covenant on Civil and Political Rights, promulgated under no. 120/1976 Coll. (hereinafter the "Covenant"), which prohibits retroactive application of criminal law stricter and in principle the enactment of the act is punishable with retroactive effect-the Art. 19 of the Covenant guaranteeing the right to hold their own opinion without interference, the right to free speech and right to information. The provisions of § 260 paragraph. 1 of the Criminal Code, as amended by Act No. 557/1991 Coll., the Part of the sentence before the brackets is in accordance with Art. 39 of the Charter requiring that the criminalization of conduct established by law. Part of the sentence of § 260 paragraph. 1 of the Criminal Code, as amended by Act No. 557/1991 Coll., In brackets, if it does not make clear that the defining elements mentioned in the sentence before the brackets must be met even in the cases specified in parentheses, not in accordance with the provisions of Art. 2.2, 3 and Art. 4, paragraph. 1 and 2 of the Charter, expressing principles of law and the requirement of legal certainty. ^ 1) The provisions of § 260 paragraph. 1 of the Criminal Code, as amended by Act No. 557/1991 Coll., the part of the sentence in brackets, shall expire on the date of publication of this judgment in the Collection of Laws. When the Federal Assembly fails § 260 paragraph. 1. Act., as the sentiment. amendment as part of the sentence in brackets in accordance with Article. 2.2, 3 and 4 and Art. 4, paragraph. 1, 2, of the Charter shall cease it § 260 paragraph. 1. Act., as the sentiment. amendment as part of the sentence in brackets after six months from the publication of this finding into force. Chairman of the Constitutional Court of the Czech and Slovak Federal Republic: JUDr. Valko vr 1) The reasoning of the judgment is published in the Collection of Decisions of the Constitutional Court of Czechoslovakia.