56/2017 Sb.
LAW
of 19 December 2003. January 2017,
amending Act No. 45/2013 Coll., on victims of crime and amending
Some laws (the law on victims of crime), as amended by Act No.
77/2015 Coll., and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Changing the law on victims of crime
Article. (I)
Act 45/2013 Coll., on victims of crime and amending certain
laws (the law on victims of crime), as amended by Act No. 77/2015
Coll., is amended as follows:
1. Footnote 1 is added:
"1) Council Directive 2004/80/EC of 29 April 2004. April 2004 on compensation to victims of
criminal offences.
Directive of the European Parliament and of the Council of 2012/29/EU of 25. October 2012,
establishing minimum rules on rights, support and protection of victims
of the offence and which is replaced by the framework decision of the Council
2001/220/JHA.
2. In article 2 (2). 3, the first sentence is replaced by the phrase "if it was a criminal offence
caused by the death of the victim, shall be considered to have suffered as a result of the death of the victim
the injury victim whether or not her relative in the tribe live, sibling,
osvojenec, adoptive parent, spouse or registered partner, nature or
the person to whom the victim on the day of his death or was required to
provide. ".
3. In article 2 (2). 4 (b). (b)) after the word "is", the words "high
age, or is the "and the words" which, in conjunction with various barriers may
full and effective application of this persons "shall be replaced by
"If these facts, due to the circumstances of the case and the circumstances
This person hinder their full and effective application ".
4. In article 2 (2). 4 at the end of the text of subparagraph (c)), the words "or
the crime of terrorist attack (section 311 of the Criminal Code).
5. In article 2 (2). 4 (b). (d)), the words "or a crime that
involved violence or the threat of violence "are replaced by the words", the criminal
the crime, which involved coercion, violence or the threat of violence, criminal
crime committed for belonging to any nation, race, ethnic
Group, religion, class or other group of persons, or the victim of a
a crime committed in favour of the organized criminal group ".
6. In section 3, paragraph 3. 1, the first sentence is inserted after the phrase "If there are concerns
whether the victim is particularly vulnerable, it should be a particularly
vulnerable. ".
7. In § 8 para. 1, letter g) the following points (h) and (i)))
shall be added:
"(h)) in which the nearest intervention centres, shelters or other
social services providing residential services can turn,
I) on which the nearest healthcare providers may
contact for the provision of health services, ".
Subparagraph (h)) to (j)) are known as the letters of j) to (l)).
8. In section 8 paragraph 3 reads:
"(3) when the notification of victims of facts indicating
that a crime has been committed, the police of the Czech Republic, police authority
or the Prosecutor, are required to confirm in writing her acceptance of such
the notification; the Prosecutor is also obliged to sacrifice in writing and orally
inform without request in the range referred to in paragraph 1 (b). b) to (d)). For
acknowledgement of receipt of the notification under the first sentence shall be treated as transfer of a copy of
the Protocol on the notification submitted. ".
9. In section 8 paragraph 1. 4, the words "e) to (j))" shall be replaced by "e) to (l))".
10. in section 11 paragraph 1 reads:
' (1) at the request of the competent authority of her victims in criminal
control
and) information that the criminal proceedings were not instituted,
(b)) status of criminal proceedings, except in cases where this
the information could jeopardise the attainment of the purpose of criminal proceedings,
(c) information on the deed), from which the person against whom the proceedings
accused, including his legal qualifications,
(d) information about the time and) the place of the public hearing of the case in the proceedings
before the Court,
(e)), the final decision, which ends criminal proceedings. ".
11. in paragraph 11 of the text at the end of paragraph 6, the words "; Police
authority in these cases also inform the victim about the measures taken to
ensure it is safe, if such measures are adopted, and will not lead to
notification to thwart or impede their purpose ".
12. § 12 including the title reads as follows:
"section 12
Informing victims that reign in Czech language
(1) the victim who declares that he does not control the Czech language, the information
and) under section 8 (2). 1 and 3, § 11 (1) 6 shall provide in a language which the victim
he declares that he understands or in the official language of the State of which he is a citizen,
and
(b)) under section 9, 10 and article 11 (1) 1 and 3 provide in a language which the victim
he declares that he understands or in the official language of the State of which he is a citizen,
If it is possible.
(2) together with the information referred to in section 11 (1) 1 (b). e) authority whose
the decision goes, the victim at her express request will be in the same language
even in the preamble of a final judgment or a brief summary, if
the decision is justified; No, if it was at least a substantial part of
the justification for the participation of victims in the announcement of the final interpreted
the decision and if there is a written translation needed to guarantee
the fairness of the process. If the authority fails to provide, on whose decision it is,
This information will determine the resolution, against which it is permissible
the complaint. To make decisions about the failure to provide information and to make decisions about
a complaint pursuant to the second sentence shall apply mutatis mutandis the provisions of the criminal
of the order.
(3) upon a reasoned request of the victim, which declares that it does not control the Czech
language, her body active in criminal proceedings, at the time of submission of the application
leads management, will provide translation of documents other than those referred to in paragraph 1,
that the victim be substantial, and that to the extent necessary for the proper
the application of its rights in criminal proceedings. Translation of the document by the phrase
the first is not to be provided, if the document or its substantial part
with the participation of the victim was interpreted, and if there is a need to ensure
the fairness of the process. ".
13. section 13 including the title reads as follows:
"section 13
Way, the scope and form of provision of information
The victim should be informed in a meaningful way, taking into account its
age, intellectual and volitional maturity, literacy and health
including mental condition; individual information will be provided to the victim
range that matches its particular needs with regard to the nature and
the severity of the offence. Information pursuant to § 9 and section 10, paragraph 1. 1 must be
the victim provided in both written and oral form. Information according to § 10 para. 2
victims must be granted at least in writing. If the victim declares that it does not want to
be informed, the authorities responsible for criminal proceedings do not provide the information,
unless it is necessary to provide this information to the proper exercise of the rights
the injured party in criminal proceedings. A statement that the victim does not want to be
informed, may be withdrawn at any time; must be the victim
taught. ".
14. Footnote 3 is added:
"3) Act 17/2012 Coll., on the customs administration of the Czech Republic, as amended by
amended.
Act 555/1992 Coll., on the prison service and judicial guard of the Czech
Republic, as amended.
Act 300/2013 Coll., on Military police and amending some laws
(the Military Police), as amended.
Act No. 553/1991 Coll. on the municipal police, as amended
regulations. ".
15. In the title of § 17, after the word "victims", the words "and the person she
near "and after the word" which "shall be inserted after the word" victim ".
16. in section 17(2). 1 the words "the victim has a" shall be replaced by "the victim and the person
nearby are "after the word" prevent "shall be inserted after the word" their "Word
"victim" shall be deleted and the word "which" shall be inserted after the word "victim".
17. in section 20 (2). 2 at the end of the text of the first sentence, the words "in the
the premises for this purpose, modified or adapted ".
18. in section 28 para. 1 (b). (c)), the words "if it is a sibling of the deceased in
flat-rate amount of Eur 175 000 ' shall be replaced by ", in the case of siblings
the deceased, in a flat-rate amount 175 000 CZK, reduced by the total of all amounts,
that sacrifice by way of damages has already received ".
19. in section 28 para. 1 at the end of the text of subparagraph (d)), the words "or
(b)) ".
20. In article 30, paragraph 5 the following paragraph 6 is added:
"(6) the Department may issue a new judgment in the matter, if
In addition to light that have not met the conditions for the granting of financial
help, or the conditions for the granting thereof, in particular in the granted amount
If the applicant has not met the information duty according to § 31 para. 5. The release of
the new decision, the original decision. ".
The present paragraph 6 is renumbered as paragraph 7.
21. in paragraph 32, the following new section 32a, which including the title reads as follows:
"section 32a
The provision of data from the population register, and from the information
system of population register
(1) the Ministry for the purposes of the proceedings on the application for the grant of
financial assistance from the population register these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay) in the territory of the United States, where appropriate, address
to which the documents are to be delivered,
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, it uses the date, place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The United States, it has the date of death, place and the State on whose territory the
death has occurred; If it is issued the Court's decision on the Declaration of death,
It uses the day that decision is listed as the day of death, where appropriate,
as the day that the data subject is declared dead have survived, and the date of
legal force of this decision,
f) nationality, or more of State citizenship.
(2) the Ministry for the purposes of the proceedings on the application for the grant of
financial assistance from the information system of the population register the following information about the
State citizens of the Czech Republic and former State citizens who
lost the citizenship of the Czech Republic:
and the name or names), surname, maiden name,
(b)) date of birth,
c) gender,
d) place and County of birth; for the citizen, who was born in a foreign country,
uses and the State where he was born, citizen
(e)), social security number,
f) nationality, or more of State citizenship,
g) address of the place of residence in the territory of the Czech Republic, including
previous address of residence, where appropriate, address to the
which documents are to be delivered,
h) origin of the residence, where appropriate, the cancellation date data on the place of
permanent residence or the date of their permanent residence in the territory of the United
Republic,
I) prohibition of residence, the place of the prohibition of residence and its duration,
j) date of final court decision on the approval of the Treaty on
agent or representative office of a member of the household including the Court that
contract or agency has approved, the date of the decision
Court on the restriction of incapacitation, the name or names, surname and maiden
the number of the guardian, date of final court decision on the abolition of
limitation of incapacitation, the date of the appeal court and the proponent of a sunset date
the representation of a member of the household; If no guardian social security number
granted, the date, place and County of birth and
the guardian, who was born in a foreign country, the place and the State where he was born;
If the guardian is appointed as a legal person, the name and
the address of the registered office,
to) the name or name, last name and social security number of the father, mother,
or other legal representative; in the event that one of the parents or
another legal representative does not have assigned a social security number, name,
where appropriate, the name, surname and date of birth; If other regulatory
the representative of the child is a legal person, the name and address of the registered office,
l) marital status, date, place and County of marriage, if the
marriage outside the territory of the Czech Republic, it is used in place of and
State the date of the decision of the Court about the marriage
invalid, the date of the decision of the Court about the lack of
the marriage, the date of the dissolution of marriage by the death of a spouse, or the date of
the acquisition of the final court decision on the statement of one of the spouses for
day of the dead, and that was in the final decision on the Declaration for the
dead listed as the day of death, where appropriate, as the day on which the spouse
declared dead survivors, or the date of the acquisition of legal power
a court decision for divorce,
m) date, place and County of developing of a registered partnership, if there
the emergence of a registered partnership outside the territory of the United States, uses
the place and the State, date of the decision of the Court of
the invalidity of a registered partnership or about the lack of
registered partnership, the date of termination of a registered partnership
the death of one of the registered partners, or the date of the acquisition of legal power
a court decision on the statement of one of the registered partners for
day of the dead, and that was in the final court decision on the Declaration for the
dead listed as the day of death, where appropriate, as the day on which registered
partner declared dead survivors, or the date of the acquisition of legal power
the Court's decision on the dissolution of a registered partnership,
n) the name or name, last name and social security number of spouse or
the registered partner; If the spouse or registered partner
the person who has assigned a social security number, name, or
name, surname of the spouse or registered partner, and the date of its
birth,
about) the name or name, last name and social security number of the child; If the child is
an alien who has not been granted social security number, name, or
name, surname and date of birth,
p) day, who was in the Court decision about declared missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court about the declared missing,
q) date, place and County of death; in the case of the death of a citizen outside the United
States, date of death, place and the State on whose territory the death
There,
r) day, who was in the Court decision on the Declaration of death listed
as the day of death, where appropriate, as the day on which the citizen did not survive, and the date of
the acquisition of the final court decision on the Declaration of death. ".
22. in § 47 para. 2 (a). (b)), the words "the extent of the free legal aid"
replaced by the words "the number of hours providing legal assistance free of charge for the
calendar month ".
23. § 48 para. 3 at the end of the text of the first sentence, the words ", and
at the request of the provider's phone number, address for
delivery of electronic mail or other contact detail, or the address of its
the website ".
Article II
Transitional provision
If a lawyer registered in the registry of providers of assistance to victims of
offences registered number of hours providing legal assistance
free of charge per calendar month pursuant to § 47 para. 2 (a). b) of law No.
45/2013 Coll., in the version in force from the date of entry into force of this Act,
This Attorney must apply for his registration within 3 months from the date of
entry into force of this Act, the Ministry of Justice of it
registry of victim assistance providers are removed.
PART TWO
Amendment to the criminal procedure code
Article. (III)
Act 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended by Act No. 57/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 178/1990 Coll., Act No. 303/1990
Coll., Act No. 558/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., constitutional
the Court declared under no. 214/1994 Coll., Constitutional Court
declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.
150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.
166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.
30/2000 Coll., Act No. 227/2000 Coll., Constitutional Court declared
under no. 77/2001 Coll., Act No. 144/2001 Coll., Act No. 265/2001 Coll.
Constitutional Court declared under no. 424/2001 Coll., Act No.
200/2002 Coll., Act No. 226/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 279/2003 Coll., Act No. 237/2004 Coll., Act No.
257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.
587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.
Constitutional Court declared under no. 239/2005 Coll., Act No.
394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.
112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.
165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.
170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award
The Constitutional Court declared under no. 90/2008 Coll., Act No. 121/2008 Coll.
Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.
Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.
Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Coll.
Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Coll.
Act No. 272/2009 Coll., Act No. 306/2009 Coll., Constitutional Court
declared under the No. 163/2010 Coll., Act No. 197/2010 Coll., the award
The Constitutional Court declared under no. 219/2010 Coll., Act No. 150/2011
Coll., Act No. 181/2011 Coll., Act No. 207/2011 Coll., Act No. 330/2011
Coll., Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 357/2011
Coll., Act No. 459/2011 Coll., Constitutional Court declared under no.
43/2012 Coll., Act No. 193/2012 Coll., Act No. 273/2012 Coll., Act No.
390/2012 Coll., Act No. 45/2013 Coll., Act No. 105/2013 Coll., Act No.
141/2014 Coll., Act No. 77/2015 Coll., Act No. 86/2015 Coll., Act No.
150/2016 Coll., Act No. 163/2016 Coll., Act No. 243/2016 Coll., Act No.
264/2016 Coll., Act No. 298/2016 Coll., Act No. 301/2016 Coll., Act No.
455/2016 Coll. and Act No. 55/2017 Coll., is amended as follows:
1. In § 51a para. 1, letter a) is repealed.
Subparagraph (b)), and (c)) shall become letters and) and (b)).
2. In § 51a para. 2, after the words "18 years", the words "and particularly
vulnerable victim pursuant to the law on victims of crimes "and the word" has "
replaced by the word "have".
3. In section 103a is at the end of the text of paragraph 2, the words "shall be added; Police
authority in these cases also inform the witness of the measures taken to
to ensure his safety, if such measures are adopted, and will not lead to
notification to thwart or impede their purpose ".
4. In section 158 paragraph 2. 9 and § 164 of paragraph 1. 1 the term ' fifteen ' is replaced by
the word "eighteen".
5. In section 183a para. 2 and 3 and section 215 paragraph. 2, the word ' fifteen ' is replaced by
the word "eighteen".
PART THREE
Amendment of the Act on social services
Article IV
In section 4 of Act No. 108/2006 Coll., on social services, as amended by Act No.
313/2013 Coll., Act No. 101/2014 Coll. and Act No. 254/2014 Coll., paragraph
3 read as follows:
"(3) the social services referred to in section 57, 59 to 63 and 69 shall be subject to
the conditions laid down in this Act also provide a person who is not
referred to in paragraph 2, if lawfully resident on the territory of the Czech Republic
under special legislation ^ 3). The social services referred to in section 57,
60 and 69 shall be granted also to the person who is the victim of a crime
trafficking in human beings, or of a crime of introducing ^ 48). Social services
referred to in section 37 shall provide the person who is the victim of a crime, if the
residing in the territory of the United States under a special legal
prescription ^ 3), and the person who is the victim of the offence of trafficking in human beings
or the offence the introduction of. ".
PART FOUR
Amendment of the Act on insurance
Article. In
Act 277/2009 Coll., on insurance, as amended by Act No. 409/2010
Coll., Act No. 188/2011 Coll., Act No. 420/2011 Coll., Act No. 428/2011
Coll., Act No. 18/2012 Coll., Act No. 399/2012 Coll., Act No. 99/2013
Coll., Act No. 228/2013 Coll., Act No. 241/2013 Coll., Act No. 303/2013
Coll., Act No. 375/2015 Coll., Act No. 304/2016 Coll. and Act No.
368/2016 Coll., is amended as follows:
1. In section 128 paragraph 1. 1 (b). m), the word "or" is deleted.
2. In section 128 paragraph 1. 1 at the end of the letter n), the comma shall be replaced by ",
or ".
3. In section 128 paragraph 1. 1, letter n) following the letter o) is added:
"the Ministry of Justice) for the purposes of the proceedings on the application for the grant of
financial assistance under the law on victims of crimes ".
PART FIVE
The EFFECTIVENESS of the
Čl.VI
This Act shall take effect on 1 January 2000. April 2017.
Hamáček in r.
Zeman in r.
Sobotka in r.
