52/2009 Sb.
LAW
of 5 December. February 2009,
amending Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended, and some other laws
Change: 306/2009 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment to the criminal procedure code
Article. (I)
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of Act No. 57/1965 Coll., the 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. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
the Court declared under no. 214/1994 Coll., the finding of the Constitutional Court
declared under the No. 8/1995 Coll., the 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., the finding of the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
the finding of the Constitutional Court declared under no 424/2001 Coll., Act No.
200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.
257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.
587/2004 Coll., the finding of the Constitutional Court declared under the No 45/2005 Coll.
the finding of the 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., and
Act No. 41/2009 Coll., is hereby amended as follows:
1. the title of section 8a is inserted: "providing information about criminal proceedings and
persons participating on it ".
2. § 8a is inserted:
"§ 8a
(1) in providing information on its activities to the public authorities in the
law enforcement agencies shall ensure that, without compromising the clarification of the facts
important for the criminal proceedings, the persons involved in the haven't published
enforcement data that are not directly related to the crime, and
to break the principle that the conviction is not final until the
pronounced, not on it, against which the results of criminal proceedings,
looks like he's guilty (section 2 (2)). In the preliminary proceedings, they shall not
publish information permitting the identification of the person, against which the
the results of criminal proceedings, the injured party, the interested person and the witness; such
information may be disclosed only to the extent necessary for the purposes of search
After the people or for the purpose of criminal proceedings.
(2) when providing the information referred to in paragraph 1, the authorities responsible for criminal
control separately to ensure that the protection of personal data and privacy of the persons under
18 years of age.
(3) the authorities responsible for criminal proceedings, inform the public about their activities
the provision of the information referred to in paragraph 1 of the public service
resources; provision of information for the protection of the interests of the institutions
referred to in paragraphs 1 and 2. If reserves in preliminary proceedings the State
the representative the right to provide information about a specific criminal case, can
the police authority to provide only with his prior consent. ".
3. under section 8a, the following new section 8b and 8 c are inserted:
"§ 8b
(1) a person to whom law enforcement authorities provided
information on the persons referred to in section 8a, paragraph. 1 for the purposes of criminal proceedings
or to the exercise of rights or performance of obligations laid down specific legal
Regulation, is not anyone further provide, if their provision
It is not necessary for these purposes. About these persons must be informed.
(2) No person shall, in connection with the offence committed on the corrupted
any way to publish information to enable the identification
the injured party, who is a person under the age of 18 years or to which he was committed
the crime of pimping or the spread of pornography or any of the offences
crimes against life and health, freedom, and human dignity or against
the family and youth.
(3) the publication of the video images, video and sound recordings, or
other information about the course of the trial or public meeting,
that would allow the identification of the injured party referred to in paragraph
2, is prohibited.
(4) the final judgment shall be published in the public media
resource with the name, or names, surname and place of residence
the injured party referred to in paragraph 2. President of the Chamber may, taking into account
to the person damaged and the nature and character of the committed offence
may impose further limitations associated with the publication of the final
conviction for the purpose of adequate protection of the interests of such
the injured party.
(5) the prohibition on the publication of the information referred to in paragraphs 2 to 4 shall not apply,
and if their) allows the publication of this law,
(b)) if the disclosure is necessary for the purposes of the search for the persons or
for the purpose of criminal proceedings, or
(c)) if their publication is damaged prior written consent; If
the injured party under 18 years or is deprived of legal capacity
or is his ability to act is limited, must give such
the consent of his legal representative.
§ 8 c
If this Act or special legislation provides otherwise, nobody
shall not, without the consent of the person to whom such information pertains, publish
information about the regulation or the implementation of interception and recording
telecommunications under section 88 or the information obtained from it,
information on telecommunications traffic detected on the basis of the order under section
88a, or information obtained through monitoring of persons and things under section 158d paragraph. 2
and 3 allow to establish the identity of this person and have not been used
as evidence in proceedings before the Court. ".
4. In section 378, paragraph. 1, the words "the provisions of section 8a shall be used" shall be replaced by the words
"enjoy the provisions of section 8a to 8 c".
PART THE SECOND
The amendment of the law on misdemeanors
Article. (II)
In Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992
Coll., the Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993
Coll., Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995
Coll., Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995
Coll., Act No. 112/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999
Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000
Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000
Coll., Act No. 370/2000 Coll., the finding of the Constitutional Court declared under no.
52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.
265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.
312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.
78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.
285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.
47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.
559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.
379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.
57/2006 Coll., the Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.
115/2006 Coll., Act No. 135/2006 Coll., Act No. 181/2006 Coll., Act No.
213/2006 Coll., the Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.
226/2006 Coll., Act No. 215/2007 Coll., the Act No. 344/2007 Coll., Act No.
376/2007 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.
309/2008 Coll., Act No. 314/2008 Coll., Act No. 484/2008 Coll. and act
No 41/2009 Coll., section 26, including the title.
PART THE THIRD
Amendment of the Act on the protection of personal data
Article. (III)
Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended by Act No 227/2000 Coll., Act No. 177/2001 Coll., Act
No 450/2001 Coll., Act No. 107/2002 Coll., Act No. 309/2002 Coll., Act
No 310/2002 Coll., Act No. 517/2002 Coll., Act No. 439/2004 Coll., Act
No. 480/2004 Coll., Act No. 626/2004 Coll., Act No. 413/2005 Coll., Act
No 444/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act
No 267/2006 Coll., Act No. 342/2006 Coll., Act No. 170/2007 Coll.
Act No. 41/2009 Coll., is hereby amended as follows:
1. In the heading of title VII of part one: "ADMINISTRATIVE DELICTS".
2. In section 44 and 45, the headings are deleted.
3. under section 44 shall be added to § 44a is inserted:
"§ 44a
(1) a natural person has committed an offence that violates the ban on the publication of the
the personal data provided for by other legislation.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to Czk 1 0000 0000.
(3) the offence referred to in paragraph 1 is committed by the press, film, radio,
tv, a publicly accessible computer network, or other similarly
an effective way to impose a fine up to 5 0000 0000 Czk. ".
4. in section 45 shall be added to § 45a is added:
"§ 45a
(1) a legal person or a natural person-entrepreneur commits an administrative
tort that violates the prohibition on disclosure of personal information provided for any other
legal regulation.
(2) for the administrative offence referred to in paragraph 1 is imposed to 1 0000 0000 Czk.
(3) for the administrative offence referred to in paragraph 1, committed by the press, film,
radio, television, a publicly accessible computer network, or other
Similarly, in an effective way with fine saves to 5 0000 0000 Czk. ".
5. § 46 paragraph 4 is added:
"(4) administrative offences under this law are heard at first instance
Office. ".
PART THE FOURTH
cancelled
Article. (IV)
cancelled
PART THE FIFTH
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.
Vaidya in the r.
Klaus r.
Topolanek in r.