Czech Republic 1993 (rev. 2013)

Article 54

1. Name/structure of executive(s)
   The President of the Republic is the head of state.
2. Head of state selection
   The President of the Republic is elected directly in a national popular vote.
3. The President of the Republic shall not be responsible for the performance of his duties.

Article 55

Article 56

1. Claim of universal suffrage, Secret ballot
   The election of President shall be held in the form of a secret ballot based on the universal, equal, and direct right to vote.
2. The candidate having received majority of valid votes from eligible voters is elected the President of the Republic. If there is not such a candidate, fourteen days after commencement of the first electoral round a second electoral round should be held, which the two most successful candidates in the first electoral round proceed onto. If the candidates [in the first round] receive equal number of votes, all candidates having received the highest number of votes from eligible voters shall proceed onto the second electoral round; and if there are not at least two such candidates, candidates having received the second highest number of votes from eligible voters [shall also proceed onto the second electoral round].
3. The candidate having received the highest number of votes from eligible voters in the second round of the election is elected the President of the Czech Republic. If there are more of such candidates, the President of the Republic is not elected, and a new election of President of the Republic shall be held within 10 days.
4. If the candidate who proceeded onto the second round of the election ceases to be eligible for office of the President of the Republic or if such candidate waives his right to stand as a candidate for the office of the President of the Republic, the candidate having received the subsequent highest number of votes from eligible voters in the first electoral round shall proceed onto the second round of the election. The second electoral round shall be held even if there is only one candidate who proceeds onto the second round.
5. Each citizen of the Czech Republic who has reached the age of 18 years is entitled to nominate a candidate provided that such a nomination is supported by a petition signed by at least 50.000 citizens of the Czech Republic who are eligible to vote for the President of the Republic. A candidate can [also] be nominated by at least twenty Deputies or by at least ten Senators.
6. Restrictions on voting
   Every citizen of the Czech Republic having reached the age of 18 has the right to vote.
7. Scheduling of elections
   Presidential election shall take place within the last sixty days of the office of the incumbent President, but not less than 30 days prior to the expiration of the term of the office of the incumbent President of the Republic. If the office of the President becomes vacant, the election of the President shall be held within ninety days.
8. Head of state replacement
   The election of the President shall be announced by the President of the Senate ninety days prior to holding the election at the latest. If the office of the President becomes vacant, the President of the Senate shall announce the election of the President within ten days [from the moment when the office became vacant] and simultaneously within eighty days prior to holding such election.
9. If the office of the President of the Senate is vacant, the election of the President shall be announced by the Chairperson of the Chamber of Deputies of the Parliament.

Article 57

1. Eligibility for head of state, Minimum age of head of state
   Any citizen eligible for election to the Senate may be elected President.
2. Head of state term limits
   No person may be elected President more than twice in succession.

Article 58

Article 59

1. The Chairman of the Senate shall administer the oath of office to the President-elect at joint meeting of both chambers.
2. The President-elect shall take the following oath of office: "I pledge loyalty to the Czech Republic. I pledge to uphold its Constitution and laws. I pledge on my honor to carry out my duties in the interest of all the people, to the best of my knowledge and conscience."

Article 60

Article 61

Article 62

Article 63

1. In addition, the President of the Republic:
   1. Foreign affairs representative
      represents the state externally;
   2. International law, Treaty ratification
      negotiates and ratifies international treaties; she may delegate the negotiation of international treaties to the government or, with its consent, to individual members thereof;
   3. Designation of commander in chief
      is the supreme commander of the armed forces;
   4. receives heads of diplomatic missions;
   5. accredits and recalls heads of diplomatic missions;
   6. calls elections to the Assembly of Deputies and the Senate;
   7. Selection of active-duty commanders
      commissions and promotes generals;
   8. may grant and award state honors, unless she has empowered some other body to do so;
   9. Ordinary court selection
      appoints judges;
   10. orders that a criminal proceeding shall not be instituted or, if it has [already] been instituted, that it shall be discontinued;
   11. has the right to issue amnesties.
2. The President of the Republic also possesses powers which are not explicitly enumerated in constitutional acts if a statute so provides.
3. In order to be valid, decisions of the President of the Republic issued pursuant to paragraphs 1 and 2 require the countersignature of the Prime Minister or a member of the government designated by him.
4. The government is responsible for the decisions of the President of the Republic that require the countersignature of the Prime Minister or a member of the government designated by him.

Article 64

1. Legislative committees
   The President of the Republic has the right to take part in the meetings of both chambers of Parliament, as well as those of their committees and commissions. He shall be given the opportunity to speak whenever he requests.
2. The President of the Republic has the right to take part in the meetings of the government, to request reports from the government or its members, and to discuss with the government or its members issues that fall within their competence.

Article 65

1. Head of state immunity
   While in the office, the President of the Republic may not be taken into detention, criminally prosecuted, and prosecuted for misdemeanors or other administrative offense.
2. Constitutional court powers, Head of state removal
   The Senate may with the consent of the Chamber of Deputies lodge a constitutional motion against the President of the Republic for a high treason, a gross violation of the Constitution or other component of the constitutional order to the Constitutional Court; by treason it is meant any conduct of the President of the Republic directed against the sovereignty and integrity of the Republic as well as against the democratic order. Upon the constitutional motion the Constitutional Court may hold that the President loses the office of President and the eligibility for holding it in future.
3. Head of state removal
   For the Senate to accept the proposal for constitutional motion the consent of a three-fifths majority of the present senators is required. For the Assembly of Deputies to consent to the filing of constitutional motion a three-fifths majority of all deputies is required: if the Assembly of Deputies fails to grant the consent within three months from the day when the Senate requests the consent, the consent shall be deemed withheld.

Article 66

Article 67

1. The government is the highest body of executive power.
2. Name/structure of executive(s)
   The government consists of the Prime Minister, deputy prime ministers, and ministers.

Article 68

1. The government is responsible to the Assembly of Deputies.
2. Head of government selection
   The President of the Republic shall appoint the Prime Minister and, on the basis of her proposal, the other members of the government and entrust them with the management of the ministries or other offices.
3. Head of government selection
   Within thirty days of its appointment, the government shall go before the Assembly of Deputies and ask it for a vote of confidence.
4. Head of government selection
   If the newly appointed government does not receive a vote of confidence from the Assembly of Deputies, the process in paragraphs 2 and 3 shall be repeated. If the government appointed on this second attempt does not receive vote of confidence from the Assembly of Deputies either, the President of the Republic shall appoint the Prime Minister on the basis of a proposal by the Chairperson of the Assembly of Deputies.
5. Cabinet removal
   In other cases, on the basis of the Prime Minister’s proposal, the President of the Republic shall appoint and recall other members of the government and entrust them with the management of the ministries or other offices.

Article 69

1. The President of the Republic shall administer the oath of office to the members of the government.
2. The members of the government shall take the following oath of office: "I pledge loyalty to the Czech Republic. I pledge that I will uphold its Constitution and laws and bring them to life. I pledge on my honor that I will conscientiously carry out my duties and not abuse my position."

Article 70

Article 71

Article 72

1. The Assembly of Deputies may adopt a resolution of no confidence in the government.
2. The Assembly of Deputies may debate a proposed resolution of no confidence in the government only if it has been submitted in writing by at least fifty Deputies. To adopt the resolution, an absolute majority of all Deputies must give their consent.

Article 73

1. The Prime Minister submits his resignation to the President of the Republic. Other members of the government submit their resignations to the President of the Republic through the Prime Minister.
2. Cabinet removal, Head of government term length, Head of government removal
   The government shall submit its resignation if the Assembly of Deputies rejects its request for a vote of confidence, or if it adopts a resolution of no confidence. The government shall always submit its resignation after the constituent meeting of newly elected Assembly of Deputies.
3. If the government submits its resignation in accordance with paragraph 2, the President of the Republic shall accept it.

Article 74

Article 75

Article 76

1. The government shall make decisions as a body.
2. In order for the government to adopt resolution, the consent of an absolute majority of all its members is necessary.

Article 77

1. Head of government powers
   The Prime Minister shall organize the government’s activities, preside over its meetings, act in its name, and perform other duties entrusted to him by this Constitution or by other laws.
2. A Deputy Prime Minister or another member of the government so commissioned may act in place of the Prime Minister.

Article 78

Article 79

1. The ministries and other administrative offices may be established, and their powers provided for, only by statute.
2. The legal relations of state employees within the ministries and other administrative offices shall be laid down in a statute.
3. If they are so empowered by statute, the ministries, other administrative offices, and bodies of territorial self-governing units may issue regulations on the basis of and within the bounds of that statute.

Article 80

1. The State Attorney’s office shall issue and argue public indictments in criminal proceedings; it shall perform other functions as well if a statute so provides.
2. The status and powers of the State Attorney’s Office shall be provided for by statute.

Article 83

Article 84

1. Constitutional court term length
   The Constitutional Court shall be composed of fifteen Justices appointed for a period of ten years.
2. Constitutional court selection
   The Justices of the Constitutional Court shall be appointed by the President of the Republic with the consent of the Senate.
3. Eligibility for const court judges, Min age of const court judges
   Any citizen who has a character beyond reproach, is eligible for election to the Senate, has a university legal education, and has been active in the legal profession a minimum of ten years, may be appointed a Justice of the Constitutional Court.

Article 85

1. Justice of the Constitutional Court assumes her duties upon taking the oath of office administered by the President of the Republic.
2. Justice of the Constitutional Court shall take the following oath of office: "I pledge upon my honor and conscience that I will protect the inviolability of natural human rights and of the rights of citizens, adhere to constitutional acts, and make decisions according to my best convictions, independently and impartially."
3. Should a Justice refuse to take the oath of office or should he take it with reservations, he shall be deemed not to have been appointed.

Article 86

1. A Justice of the Constitutional Court may be criminally prosecuted only with the consent of the Senate. If the Senate withholds its consent, such criminal prosecution shall be suspended for the duration of the term of a Constitutional Court Justice.
2. A Justice of the Constitutional Court may be arrested only if he has been apprehended while committing a criminal act or immediately thereafter. The arresting authority must immediately inform the Chairperson of the Senate of the arrest; if, within twenty-four hours of the arrest, the Chairperson of the Senate does not give her consent to hand the detained Justice over to a court, the arresting authority is obliged to release him. At the very next meeting of the Senate, it shall make the definitive decision as to whether he may be criminally prosecuted.
3. A Justice of the Constitutional Court has the right to refuse to give evidence as to facts about which she learned in connection with the performance of her duties, and this privilege continues in effect even after she has ceased to be a Justice of the Constitutional Court.

Article 87

1. Constitutional interpretation, Constitutional court powers
   The Constitutional Court has jurisdiction:
   1. Constitutionality of legislation
      to annul statutes or individual provisions thereof if they are in conflicts with the constitutional order;
   2. Constitutionality of legislation
      to annul other legal enactments or individual provisions thereof if they are in conflict with the constitutional order, a statute;
   3. over constitutional complaints by the representative body of a self-governing region against an unlawful encroachment by the state;
   4. over constitutional complaints against final decisions or other encroachments by public authorities infringing constitutionally guaranteed fundamental rights and basic freedoms;
   5. over remedial actions from decisions concerning the certification of the election of a Deputy or Senator;
   6. to resolve doubts concerning a Deputy or Senator’s loss of eligibility to hold office or the incompatibility under Article 25 of some other position or activity with holding the office of Deputy or Senator;
   7. Head of state removal
      over a constitutional charge brought by the Senate against the President of the Republic pursuant to Article 65, paragraph 2;
   8. to decide on a petition by the President of the Republic seeking the revocation of a joint resolution of the Assembly of Deputies and the Senate pursuant to Article 66;
   9. to decide on the measures necessary to implement a decision of an international tribunal which is binding on the Czech Republic, in the event that it cannot be otherwise implemented;
   10. to determine whether a decision to dissolve a political party or other decisions relating to the activities of a political party is in conformity with constitutional acts or other laws;
   11. to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body.
2. Treaty ratification, Constitutional court powers, Legal status of treaties, Constitutional interpretation
   Prior to the ratification of treaty under Article 10a or Article 49, the Constitutional Court shall further have jurisdiction to decide concerning the treaty’s conformity with the constitutional order. A treaty may not be ratified prior to the Constitutional Court giving judgment.
3. Establishment of administrative courts
   A statute may provide that, in place of the Constitutional Court, the Supreme Administrative Court shall have jurisdiction:
   1. to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with statute;
   2. to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body.

Article 88

1. A statute shall specify who shall be entitled to submit a petition instituting a proceeding before the Constitutional Court, and under what conditions, and shall lay down other rules for proceedings before the Constitutional Court.
2. In making their decisions, the Justices of the Constitutional Court are bound only by the constitutional order and the statute under paragraph 1.

Article 89

1. Decisions of the Constitutional Court are enforceable as soon as they are announced in the manner provided for by statute, unless the Constitutional Court decides otherwise concerning enforcement.
2. Enforceable decisions of the Constitutional Court are binding on all authorities and persons.
3. Decisions of the Constitutional Court which declare, pursuant to Article 87 paragraph 2, that a treaty is not in conformity with the constitutional order, are an obstacle to the ratification of the treaty until such time as they are brought into conformity with each other.

Article 90

Article 91

1. Establishment of administrative courts, Establishment of military courts, Establishment of constitutional court, Structure of the courts
   The court system comprises the Supreme Court, the Supreme Administrative Court, superior, regional, and district courts. They may be given a different denomination by statute.
2. The jurisdiction and organization of the courts shall be provided for by statute.

Article 92

Article 93

1. Oaths to abide by constitution
   Judges are appointed to their office for an unlimited term by the President of the Republic. They assume their duties upon taking the oath of office.
2. Any citizen who has a character beyond reproach and a university legal education may be appointed a judge. Further qualifications and procedures shall be provided for by statute.

Article 94

1. A statute shall specify which cases shall be heard by a panel of judges, as well as the composition thereof. All other cases shall be heard by individual judges.
2. Jury trials required
   A statute may specify in which matters and in what manner other citizens shall participate alongside judges in court’s decision-making.

Article 95

1. In making their decisions, judges are bound by statutes and treaties which form a part of the legal order; they are authorized to judge whether enactments other than statutes are in conformity with statutes or with such treaties.
2. Should a court come to the conclusion that a statute which should be applied in the resolution of matter is in conflict with the constitutional order, it shall submit the matter to the Constitutional Court.

Article 96

1. All parties to a proceeding have equal rights before the court.
2. Right to public trial
   Proceedings before courts shall be oral and public; exceptions to this principle shall be provided for by statute. Judgments shall always be pronounced publicly.

Article 1

Article 2

Article 3

1. The territory of the capitol city of Prague is understood to mean its territory as defined on the day this Constitutional Act comes into effect.
2. The territories of districts is understood to mean their territories as defined on the day this Constitutional Act comes into effect.

Article 4

1. ARTICLE 99 shall read: “Article 99. The Czech Republic is subdivided into municipalities, which are the basic territorial self-governing units, and into regions, which are the higher territorial self-governing units.”
2. ARTICLE 103 is repealed.

Article 5

Article 1

Article 2

1. Emergency provisions
   If the Czech Republic’s sovereignty, territorial integrity, or democratic foundations are directly threatened, or if its internal order and security, lives, health or property are to a significant extent directly threatened, or if such is necessary to meet its international obligations on collective self-defense, a state of emergency, condition of threat to the State, or state of war may, in accordance with the intensity, territorial extent and character of the situation, be declared.
2. A state of emergency or condition of threat to the State is declared either in a restricted area or for the entire territory of the State; a state of war is declared for the entire territory of the State.

Article 3

1. The Czech Republic’s security is to be ensured by the armed forces, the armed security corps, rescue corps, and accident services.
2. State bodies, bodies of self-governing territorial units, and natural and legal persons are obliged to participate in safeguarding the Czech Republic’s security. The extent of this obligation, as well as further details, shall be provided for by statute.

Article 4

1. Duty to serve in the military
   The armed forces shall be supplemented on the basis of the military service obligation.
2. The extent of the military service obligation, the duties of the armed forces, of the armed security corps, of the rescue corps and accident services, their organizations, preparation, and supplementation, and the legal relations of their members shall be laid down by statute in such a way as to ensure civilian control of the armed forces.

Article 5

1. The government may declare a state of emergency in cases of natural catastrophe, ecological or industrial accident, or other danger which to a significant extent threatens life, health, or property or domestic order or security.
2. Right to strike
   A state of emergency may not be declared on grounds of a strike held for the protection of rights or of legitimate economic and social interests.
3. If delay would present a danger, the Prime Minister may declare a state of emergency. Within 24 hours of the announcement thereof, the government shall either ratify or annul his decision.
4. The government shall inform the Assembly of Deputies without unnecessary delay that it has declared a state of emergency, which the Assembly of Deputies may annul.

Article 6

1. A state of emergency may be declared only for the stated reasons, for a fixed period, and in relation to a designated territorial area. Concurrently with its declaration of the state of emergency, the government must specify which rights prescribed in individual statutes shall, in conformity with the Charter of Fundamental Rights and Basic Freedoms, be restricted, and to what extent, and which duties shall be imposed, and to what extent. Detailed provisions shall be laid down by statute.
2. A state of emergency may be declared for a period of no more than 30 days. The stated period may be extended only with the prior consent of the Assembly of Deputies.
3. A state of emergency ends upon the expiry of the period for which it was declared, unless the government or the Assembly of Deputies decides to annul it prior to the expiry of that period.

Article 7

1. If the State’s sovereignty, territorial integrity, or democratic foundations are directly threatened, the Parliament may, on the government’s proposal, declare a condition of threat to the state.
2. The assent of an absolute majority of all Deputies and the assent of an absolute majority of all Senators are required for the adoption of a declaration of a condition of threat to the state.

Article 8

1. For the duration of a period of a condition of threat to the State or of a state of war, the government may request that the Parliament deal with government bills in shortened debate.
2. The Assembly of Deputies shall adopt a resolution on such bills within 72 hours of their submission and the Senate within 24 hours of their transmittal by the Assembly of Deputies. If the Senate has not given its view within that period, then the bill has been deemed to be adopted.
3. For the duration of a period of a condition of threat to the State or of a state of war, the President of the Republic does not have the right to return statutes adopted in shortened debate.
4. The government may not submit for shortened debate a bill on a constitutional act.

Article 9

1. The State Security Council is made up of the Prime Minister, as well as other members of the government pursuant to the decision of the government.
2. To the extent of its commission as designated for it by the government, the State Security Council shall prepare for the government proposals for measures to safeguard the Czech Republic’s security.
3. The President of the Republic has the right to participate in meetings of the State Security Council, request reports of it or of its members, and to discuss with it or its members issues that fall within its decision-making competence.

Article 10

Article 11

Article 12

Article 13

A. General Provision

B. Repeated Referendum

C. The Referendum Results

Article 7

Article 8

Article 1

Article 2

1. Principle of no punishment without law
   Democratic values constitute the foundation of the state, so that it may not be bound either by an exclusive ideology or by a particular religious faith.
2. State authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law.
3. Everyone may do that which is not prohibited by law; and nobody may be compelled to do that which is not imposed upon her by law.

Article 3

1. Equality regardless of gender, Equality regardless of financial status, Equality regardless of social status, Equality regardless of race, Equality regardless of nationality, Equality regardless of political party, Equality regardless of skin color, Equality regardless of language, Equality regardless of religion
   Everyone is guaranteed the enjoyment of her fundamental rights and basic freedoms without regard to gender, race, color of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.
2. Everybody has the right freely to choose his nationality. It is prohibited to influence this choice in any way, just as is any form of pressure aimed at suppressing a person's national identity.
3. Nobody may be caused detriment to her rights merely for asserting her fundamental rights and basic freedoms.

Article 4

1. Duties may be imposed upon persons only on the basis of and within the bounds of law, and only while respecting the fundamental rights and basic freedoms of the individual.
2. Limitations may be placed upon the fundamental rights and basic freedoms only by law and under the conditions prescribed in this Charter of Fundamental Rights and Basic Freedoms (hereinafter "Charter").
3. Any statutory limitation upon the fundamental rights and basic freedoms must apply in the same way to all cases which meet the specified conditions.
4. In employing the provisions concerning limitations upon the fundamental rights and basic freedoms, the essence and significance of these rights and freedoms must be preserved. Such limitations are not to be misused for purposes other than those for which they were laid down.

DIVISION 1. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

DIVISION 2. POLITICAL RIGHTS

Article 24

Article 25

1. Citizens who constitute a national or ethnic minority are guaranteed all-round development, in particular the right to develop, together with other members of the minority, their own culture, the right to disseminate and receive information in their native language, and the right to associate in national associations. Detailed provisions shall be set down by law.
2. Citizens belonging to national and ethnic minority groups are also guaranteed, under the conditions set down by law:
   1. the right to education in their own language,
   2. the right to use their own language when dealing with officials,
   3. the right to participate in the resolution of affairs that concern national and ethnic minorities.

Article 26

1. Right to choose occupation
   Everybody has the right to the free choice of his profession and to the training for that profession, as well as to engage in commercial and pursue other economic activity.
2. Conditions and limitations may be set by law upon the right to engage in certain professions or activities.
3. Everybody has the right to acquire the means of her livelihood by work. The state shall provide an adequate level of material security to those citizens who are unable, through no fault of their own, to exercise this right; conditions shall be provided for by law.
4. Different statutory rules may apply to aliens.

Article 27

1. Everyone has the right to associate freely with others for the protection of his economic and social interests.
2. Right to join trade unions
   Trade unions shall be established independently of the state. No limits maybe placed upon the number of trade union organizations, nor may any of them be given preferential treatment in a particular enterprise or sector of industry.
3. The activities of trade unions and the formation and activities of similar associations for the protection of economic and social interests may be limited by law in the case of measures necessary in a democratic society for the protection of the security of the state, public order, or the rights and freedoms of others.
4. Right to strike
   The right to strike is guaranteed under the conditions provided for by law; this right does not appertain to judges, prosecutors, or members of the armed forces or security corps.

Article 28

Article 29

1. Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions.
2. Adolescents and persons with health problems have the right to special protection in labor relations and to assistance in vocational training.
3. Detailed provisions shall be set by law.

Article 30

1. State support for the unemployed, State support for the elderly
   Citizens have the right to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their provider.
2. Everyone who suffers from material need has the right to such assistance as is necessary to ensure her a basic living standard.
3. Detailed provisions shall be set by law.

Article 31

Article 32

1. Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents.
2. Pregnant women are guaranteed special care, protection in labor relations, and suitable work conditions.
3. Rights or duties of parents
   Children, whether born in or out of wedlock, enjoy equal rights.
4. Rights or duties of parents
   It is the parents' right to care for and raise their children; children have the right to upbringing and care from their parents. Parental rights may be limited and minor children may be removed from their parents' custody against the latters' will only by the decision of a court on the basis of the law.
5. Rights or duties of parents
   Parents who are raising children have the right to assistance from the state.
6. Detailed provisions shall be set by law.

Article 33

1. Everyone has the right to education. School attendance shall be obligatory for the period specified by law.
2. Citizens have the right to free elementary and secondary school education, and, depending on particular citizens' ability and the capability of society, also to university-level education.
3. Private schools may be established and instruction provided there only under conditions set by law; education may be provided at such schools in exchange for tuition.
4. The conditions under which citizens have the right to assistance from the state during their studies shall be set by law.

Article 34

1. The rights to the fruits of one's creative intellectual work shall be protected by law.
2. The right of access to the nation's cultural wealth is guaranteed under the conditions set by law.

Article 35

1. Protection of environment
   Everyone has the right to a favorable environment.
2. Everyone has the right to timely and complete information about the state of the environment and natural resources.
3. No one may, in exercising her rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent designated by law.

Article 36

1. Everyone may assert, through the legally prescribed procedure, his rights before an independent and impartial court or, in specified cases, before another body.
2. Unless a law provides otherwise, a person who claims that her rights were curtailed by a decision of a public administrative authority may turn to a court for review of the legality of that decision. However, judicial review of decisions affecting the fundamental rights and basic freedoms listed in this Charter may not be removed from the jurisdiction of courts.
3. Protection from false imprisonment
   Everybody is entitled to compensation for damage caused him by an unlawful decision of a court, other State bodies, or public administrative authorities, or as the result of an incorrect official procedure.
4. Conditions therefor and detailed provisions shall be set by law.

Article 37

1. Protection from self-incrimination
   Everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her.
2. Right to counsel
   In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to assistance of counsel from the very beginning of such proceedings.
3. All parties to such proceedings are equal.
4. Trial in native language of accused
   Anyone who declares that he does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter.

Article 38

1. No one may be removed from the jurisdiction of her lawful judge. The jurisdiction of courts and the competence of judges shall be provided for by law.
2. Right to speedy trial, Right to public trial
   Everyone has the right to have her ease considered in public, without unnecessary delay, and in her presence, as well as to express her views on all of the admitted evidence. The public may be excluded only in cases specified by law.

Article 39

Article 40

1. Only a court may determine a person's guilt and designate the punishment for criminal acts.
2. Presumption of innocence in trials
   A person against whom a criminal proceeding has been brought shall be considered innocent until his guilt is declared in a court's final judgment of conviction.
3. An accused has the right to be given the time and opportunity to prepare a defense and to be able to defend herself, either pro se or with the assistance of counsel. If she fails to choose counsel even though the law requires her to have one, she shall be appointed counsel by the court. The law shall set down the cases in which an accused is entitled to counsel free of charge.
4. An accused has the right to refuse to give testimony; he may not be deprived of this right in any manner whatsoever.
5. Prohibition of double jeopardy
   No one may be criminally prosecuted for an act for which she has already been finally convicted or acquitted of the charges. This rule shall not preclude the application, in conformity with law, of extraordinary procedures for legal redress.
6. Protection from ex post facto laws
   The question whether an act is punishable or not shall be considered, and penalties shall be imposed, in accordance with the law in effect at the time the act was committed. A subsequent law shall be applied if it is more favorable to the offender.

Article 41

1. The rights specified in Article 26, Article 27 para. 4, Articles 28 to 31, Article 32 paras. 1 and 3, Article 33, and Article 35 of this Charter maybe claimed only within the confines of the laws implementing these provisions.
2. Whenever this Charter refers to a law, it is understood to mean a law enacted by the Federal Assembly, unless, as a result of the constitutional division of legislative powers, such issues are governed by laws enacted by the national councils.

Article 42

1. Whenever this Charter uses the term "citizen", this is to be understood as a citizen of the Czech and Slovak Federal Republic.
2. While in the Czech and Slovak Federal Republic, aliens enjoy the human rights and fundamental freedoms guaranteed by this Charter, unless such rights and freedoms are expressly extended to citizens alone.
3. Whenever legal enactments in force employ the term "citizen", this shall be understood to refer to every individual if it concerns the fundamental rights and basic freedoms that this Charter extends to everybody irrespective of his citizenship.

Article 43

Article 44