Czech Republic 1993 (rev. 2002)

Article 54

1. The President of the Republic is the head of state.
2. Head of state selection
   The Parliament shall elect the President of the Republic at joint meeting of both chambers.
3. The President of the Republic shall not be responsible for the performance of his duties.

Article 55

Article 56

Article 57

1. 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

1. A group of at least ten Deputies or ten Senators is entitled to nominate candidate.
2. The candidate who receives an absolute majority of the votes of all Deputies and an absolute majority of the votes of all Senators is elected President of the republic.
3. Should none of the candidates receive an absolute majority of the votes of all Deputies and all Senators, second round of the election shall be held within fourteen days of the first.
4. The candidate who received the highest number of votes in the Chamber of Deputies and the candidate who received the highest number of votes in the Senate shall advance into the second round.
5. If more than one candidate receive the same highest number of votes, either in the Assembly of Deputies or in the Senate, the votes cast for them in both chambers shall be added together. The candidate who receives the highest number of votes calculated in this manner shall advance into the second round.
6. The candidate who receives an absolute majority of the votes of Deputies present and an absolute majority of the votes of Senators present shall be elected.
7. If no candidate is elected President of the Republic in the second round of the election either, within fourteen days thereof, third round of the election shall be held, in which the candidate from the second round who receives an absolute majority of the votes of the Deputies and Senators present shall be elected.
8. If no candidate is elected President of the Republic even in the third round, new elections shall be held.

Article 59

1. The Chairman of the Assembly of Deputies 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. Head of state powers
      receives heads of diplomatic missions;
   5. Head of state powers
      accredits and recalls heads of diplomatic missions;
   6. calls elections to the Assembly of Deputies and the Senate;
   7. Head of state powers
      commissions and promotes generals;
   8. Head of state powers
      may grant and award state honors, unless she has empowered some other body to do so;
   9. appoints judges;
   10. Head of state powers
       has the right to issue amnesties.
2. The President of the Republic also possesses powers which are not explicitly enumerated in constitutional acts if statute so provides.
3. In order to be valid, decisions of the President of the Republic issued pursuant to paragraphs and require the countersignature of the Prime Minister or 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 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. The President of the Republic may not be taken into detention, criminally prosecuted, nor prosecuted for misdemeanors or other administrative offenses.
2. Head of state removal
   The President of the Republic may be prosecuted for high treason before the Constitutional Court on the basis of charge brought by the Senate. The only penalty that may be imposed is the loss of the Presidency and of further eligibility for the office.
3. The President of the Republic may never be criminally prosecuted for criminal acts committed during the period she held the office of the Presidency.

Article 66

Article 67

1. The government is the highest body of executive power.
2. Deputy executive, Name/structure of executive(s), Establishment of cabinet/ministers
   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. Deputy executive, Head of government selection, Name/structure of executive(s)
   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 vote of confidence.
4. Head of government selection
   If the newly appointed government does not receive vote of confidence from the Assembly of Deputies, the process in paragraphs and 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 proposal by the Chairperson of the Assembly of Deputies.
5. 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 resolution of no confidence in the government.
2. The Assembly of Deputies may debate 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. Head of government term length
   The government shall submit its resignation if the Assembly of Deputies rejects its request for vote of confidence, or if it adopts 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 body.
2. Powers of cabinet
   In order for the government to adopt resolution, the consent of an absolute majority of all its members is necessary.

Article 77

1. 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. Deputy executive
   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 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 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 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. Min age of const court judges, Eligibility for const court judges
   Any citizen who has character beyond reproach, is eligible for election to the Senate, has university legal education, and has been active in the legal profession for minimum of ten years, may be appointed 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 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 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. 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 forever foreclosed.
2. Justice of the Constitutional Court may be arrested only if he has been apprehended while committing 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 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. 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 Justice of the Constitutional Court.

Article 87

1. 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, statute;
   3. over constitutional complaints by the representative body of 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 Deputy or Senator;
   6. Constitutional court powers
      to resolve doubts concerning 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. Constitutional court powers, Head of state removal
      over constitutional charge brought by the Senate against the President of the Republic pursuant to Article 65, paragraph 2;
   8. Constitutional court powers
      to decide on petition by the President of the Republic seeking the revocation of joint resolution of the Assembly of Deputies and the Senate pursuant to Article 66;
   9. Constitutional court powers
      to decide on the measures necessary to implement decision of an international tribunal which is binding on the Czech Republic, in the event that it cannot be otherwise implemented;
   10. Constitutional court powers
       to determine whether decision to dissolve political party or other decisions relating to the activities of political party is in conformity with constitutional acts or other laws;
   11. Constitutional court powers
       to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body;
   12. Constitutional court powers, Referenda
       over remedial actions from decision of the President of the Republic declining to call referendum on the Czech Republic’s accession to the European Union;
   13. Referenda
       to determine whether the manner in which referendum on the Czech Republic’s accession to the European Union was held is in harmony with the Constitutional Act on the Referendum on the Czech Republic’s Accession to the European Union and with the statute issued in implementation thereof.
2. Constitutional court powers
   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. An 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 petition instituting 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 para. 2, that 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 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 character beyond reproach and university legal education may be appointed judge. Further qualifications and procedures shall be provided for by statute.

Article 94

1. A statute shall specify which cases shall be heard by 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 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 court come to the conclusion that 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 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 significant extent directly threatened, or if such is necessary to meet its international obligations on collective self-defense, 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 restricted area or for the entire territory of the State; 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 way as to ensure civilian control of the armed forces.

Article 5

1. The government may declare state of emergency in cases of natural catastrophe, ecological or industrial accident, or other danger which to 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 strike held for the protection of rights or of legitimate economic and social interests.
3. If delay would present danger, the Prime Minister may declare 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 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 fixed period, and in relation to 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 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 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 declaration of condition of threat to the state.

Article 8

1. For the duration of period of condition of threat to the State or of state of war, the government may request that the Parliament deal with government bills in shortened debate.
2. The Assembly of Deputies shall adopt 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 period of condition of threat to the State or of 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 bill on 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 Provisions

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 him by law.

Article 3

1. Equality regardless of religion, Equality regardless of financial status, Equality regardless of nationality, Equality regardless of race, Equality regardless of political party, Equality regardless of language, Equality regardless of social status, Equality regardless of gender, Equality regardless of skin color
   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: a) the right to education in their own language, b) the right to use their own language when dealing with officials, c) 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 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 elderly, State support for the unemployed
   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. Children, whether born in or out of wedlock, enjoy equal rights.
4. 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. 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 his lawful judge. The jurisdiction of courts and the competence of judges shall be provided for by law.
2. Right to public trial, Right to speedy 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(4), Articles 28 to 31, Article 32(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