Místní lidové soudy jako fenomén doby v teorii a praxi

• Main Author: Jindřich Špergl
• Format: Article
• Language: ces
• Published: Karolinum Press 2019-08-01
• Series: Právněhistorické studie
• Subjects: local people’s court; comrades court; offense; mixed bodies of state authorities and workers; inequality of the offenders
• Online Access: http://www.karolinum.cz/doi/10.14712/2464689X.2019.10

The article deals with the Local People’s Courts (LPC), which were the basic element of the judicial system of Czechoslovakia between 1961 and 1970. The aim of the article is to provide a basic probe into this institute both theoretically and practically. The LPC were a specific product of the early 1960s, when the theses on the victory of socialism and the transition to the higher stage of the social development of communism were proclaimed in Czechoslovakia. The LPC became significant signs of this development, as mixed bodies of state authorities and workers. After defining the historical and ideological reasons for the LPC, including a reference to their predecessors, the Comrades Courts, the article also deals with the legal regulation of these courts. Here is outlined the way they were set up, their composition, their jurisdiction and the procedure before them. After describing the legal framework of the LPC, there follows a list of the factual deficiencies of it such as uncertainty in a number of legal questions, the participation of a laic element only in decision-making and the inequality of the offenders in the LPC system. Part of the article captures the LPC periodical evaluation in the professional press as well as the authorities of the ruling Communist Party. The theoretical part is followed by the practical part, which is a probe into the life of one particular LPC (Shipyard, national company Mělník). This provides a comparison between theory and practice. Based on authentic archive materials, it provides insight into the decision-making practice and internal mechanisms of this court. The last part of the article is devoted to the abrogation of MLS and its reasons.