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Amendment To The Criminal Procedure Code

Original Language Title: změna trestního řádu

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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.