57/2017 Sb.



LAW



of 19 December 2003. January 2017,



amending Act 104/2013 Coll., on international judicial cooperation

in criminal matters, as amended by later regulations, and other related

the laws of the



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on international judicial cooperation



Article. (I)



Act 104/2013 Coll., on international judicial cooperation in matters

criminal matters, as amended by Act No. 77/2015 Coll., Act No. 86/2015 Coll.

Act No. 55/2017 Coll., is amended as follows:



1. In section 14 para. 1 (b). (b)), after the words "of the surrender procedure ' shall be

the words "of the United States" and the words "title II" with the words "parts

3 and 4 ".



2. In § 83 para. 1 is the text "paragraph. 5 "replaced by" paragraph. 6 "and the text

"paragraph. 6 "is replaced by" paragraph. 7. "



3. In § 193 paragraph 7, insert a new paragraph 8, which including

footnote # 43:



"(8) if the transferring State means the Member State to which it is binding

the European Union law governing the right of access to a lawyer ^ 43),

and the person whose handover goes, not in criminal proceedings in the Czech Republic,

where the European arrest warrant has been issued, the defence counsel has the right to choose

the defense attorney for the purpose of providing assistance to defenders of the selected or

nominated for a forward control in the transferring State; the provisions of § 33

paragraph. 2 of the code of criminal procedure are not applicable. If the competent authority

the sending State shall notify the person whose surrender is going on, she said,

that it wishes to make use of this right, the Court this person through

the competent authority of the sending State shall provide, without undue delay

Overview of appropriate lawyers focused on international judicial cooperation

in criminal matters. The focus of the second sentence at the request of records

lawyer Czech Bar Association in the list or the list of lawyers

European lawyers.



43) directive of the European Parliament and of the Council/48/EU of 22 December 2004. October

2013 on the right of access to a lawyer in criminal proceedings and proceedings

the European arrest warrant and on the right to information of third parties

and the right to communicate with consular services of third parties, and in the case of

the deprivation of liberty. ".



Paragraphs 8 and 9 shall be renumbered 9 and 10.



4. In § 203 paragraph 4 the following paragraph 5 is added:



"(5) If a Member State requiring a State for which the binding legal

Regulation of the European Union governing the right of access to a lawyer ^ 43), instruct

the Prosecutor, without undue delay after the initiation of the preliminary investigation

on the rights referred to in § 204 paragraph 2. 3 the first and second sentences, also the person

the handover goes, freedom is limited to for any reason other than detention;

the provisions of § 204 paragraph 2. 3 third sentence shall apply mutatis mutandis. ";"



Paragraphs 5 to 9 shall be renumbered 6 to 10.



5. § 203 paragraph 2. 10, § 205 paragraph. 5 § 208, para. 2 and 5, and in section 210 paragraph 2. 6

the number "8" is replaced by "9".



6. In § 204 paragraph 2, the following paragraph 3 is added:



"(3) If a Member State requiring a State for which the binding legal

Regulation of the European Union governing the right of access to a lawyer ^ 43), State

representative or a police authority, which carried out the arrest, instruct the detained

the person in the course of detention that if, in criminal proceedings in

requiring the State in which it has been or may be issued European arrest

the order, defense lawyer has the right to choose in accordance with the law that requires

the State Attorney for the purpose of providing assistance to defenders of the selected or

nominated for the proceedings under this part. The detained person will learn also

that declares that he wishes to take advantage of the rights in the first sentence,

requiring the State is obliged to provide the information that her election

the defense attorney for this purpose. If the apprehended person shall declare that

wishes to exercise the right in the first sentence, the Prosecutor shall immediately

the competent authority shall inform the requesting State and the information that it receives

from the competent authority of the requesting State for the purpose of exercising the right

in the first sentence, it shall provide, without undue delay of the arrested person.

The provisions of this paragraph shall not affect the time limits pursuant to § 209. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



7. In article 205 paragraph. 2 (a). and section 215), para. 4 and 5, and in section 225 paragraph. 1, the

the number "5" shall be replaced by the number "6".



PART TWO



Amendment to the criminal procedure code



Article II



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., Act No. 55/2017 Coll. and Act No. 56/2017 Coll., is amended

as follows:



1. In § 33 para. 5, the words "in the case that will be taken into custody"

shall be deleted.



2. In article 69, paragraph 3, the following paragraph 4 is added:



"(4) the arrested person has the right to choose a defence counsel, to talk with him without

the presence of a third person and consult with him during the arrest. The arrested

a person has the right at its own expense to communicate through the

written communication or by phone with a person, that it shall determine, if it is

technically possible and, if circumstances permit, especially if they do not endanger

achievement of the purpose of criminal proceedings or unless interest in protecting

the victim; This communication is subject to inspection. Arrested a foreigner has the right to

He was notified of his arrest of the consular post of the State of which he is a citizen, and

the right to communicate with the consular office. If he is not arrested a foreigner

sufficient funds to communicate with his Consulate

allow free of charge. About these rights of the arrested person should be instructed and

to provide it with the full possibility of their application. ".



Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.



3. In paragraph 76, paragraph 6 is added:



"(6) the detainee has the right to require a suspect to defence counsel was present

During his interrogation in accordance with paragraph 3, unless defence counsel within the time limit referred to

in paragraph 4 of the unattainable. "



4. the following section is inserted after section 76a 76b, including title:



"§ 76b



The rights of detainees



The apprehended person has the right to choose a defence counsel, to talk with him without the presence of

third parties and consult with him during the detention. The apprehended person has the

on the right at its own expense to communicate through written communication

or phone with a person, that it shall determine, is-if technically possible and

If circumstances allow, in particular, that they do not compromise the purpose of the

criminal proceedings or unless interest in the protection of the victim; This

communication is subject to inspection. The detainee a foreigner has the right to his

detention notified consular post of the State of which he is a citizen, and the right to

communicate with the consular office. If the detainee does not have the alien

sufficient funds to communicate with his Consulate

allow free of charge. About these rights of the detained person is to be instructed and

to provide it with the full possibility of their application. ".



5. In paragraph 202, the dot at the end of paragraph 2 is replaced by a semicolon and the following

the final part of the provision, which reads as follows: "on this and other consequences

failure (section 66 and 90) must be the defendant in summons. ".



6. the following section is inserted after section 466 466a, including footnotes.

11 is added:



"section 466a



This law incorporates the relevant provisions of the European Union ^ 11).



11) European Parliament and Council Directive 2010/64/EU of 20. October

2010 on the right to interpretation and translation in criminal proceedings.



Directive of the European Parliament and of the Council of the 2012/13/EU of 22 December 2004. may 2012

on the right to information in criminal proceedings.



Directive of the European Parliament and of the Council/48/EU of 22 December 2004. October 2013

on the right of access to a lawyer in criminal proceedings and proceedings relating to

the European arrest warrant and on the right to information of a third party and

the right to communicate with consular services of third parties, and in the case of

the deprivation of liberty.



Directive of the European Parliament and of the Council (EU) 2016/343 of 9 June. March

2016, on the strengthening of certain aspects of the presumption of innocence and the right to be

present at criminal proceedings before the Court. ".



PART THREE



Amendment of the Act on the enforcement of binding



Article. (III)



In § 13a para. 1 of the law No. 293/1993 Coll. on remand, as amended by law

No. 52/2004 Coll. and Act No. 276/2013 Coll., the word "Defendant"

replaced by the word "Accused" and the words "generally allow the use of

the phone contact with the person. ^ 4b) "shall be replaced by the words" has

the right to use the phone contact with the person at the time of the stage

the internal regulations of the prison; This right can be restricted only in the

justified cases, in particular if it is necessary to protect the safety

or the rights of other persons. ".



Footnote No. 4b shall be deleted.



PART FOUR



Amendment of the Act on the judiciary in matters of youth



Article IV



In section 46 of Act No. 218/2003 Coll., on juvenile liability for unlawful

actions and about the judicial system in matters of youth and on amendments to certain laws (law

about the judiciary in matters of youth), as amended by Act No. 55/2017 Coll., on

the end of paragraph 2 the sentence "instead of a legal representative or

a guardian who cannot represent a juvenile for a conflict of interest,

inform, where it is in the interest of the young person, guardian, or designated under section

paragraph 43. 2. the employer shall be informed of a juvenile only if

youthful, or his legal representative or guardian, that with

such a notice agree. ".



PART FIVE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.