On Constitutional Responsibility of the Czech Republic and Head of State Responsibility Especially for High Treason

The article deals with the concept and the notion of the responsibility in the constitutional law in general (legal, political) and in the history (Austrian monarchy, the pre-war Czechoslovakia). He comes to the conclusion, that reception the Austrian pattern of the constitutional responsibility was not in the 1920 an attempt to “catch the train fagging along”, but an attempt to “jump in the stopping train.” In detail is analyzed the notion of the high treason as a kind of a constitutional delict and of a criminal act. A great attention is paid to the procedure of an impeachment of the head of the state by the Senate, demands on the motion of the Senate (an accurate and exact description of actions that seem to have been the committing of high treason by the President of the Republic, along with proof of evidence upon which the constitutional charge should rely) and to the features of the judgement of the Constitutional Court. An attention is devoted as well to the provisions of Art. 65 of the Constitution providing for that criminal prosecution for criminal offences committed by the President of the Republic while performing his office shall be precluded for all times.