25/1993.



LAW



The Czech National Council of 21 June 1999. December 1992, amending and supplementing

the law on criminal procedure the Court (code of criminal procedure)



The Czech National Council agreed on this law:



Article. (I)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

the text of the law No 57/1965 Coll., no. 58/1969 Coll. No. 149/1969 Coll. No.

48/1973 Coll., No 29/1978 Coll., No 43/1980 Coll., no 159/1989 Coll. No.

178/1990 Coll. No. 303/1990 Coll. and No 558/1991 Coll., amending and supplementing

as follows:



1. In section 11 (1). 1 (a). ch), the words "the Czech and Slovak Federal

Republic "shall be replaced by" Czech Republic ".



2. section 12 of the paragraph. 2 and 3:



"(2) the police authorities shall mean the police authorities of the Czech Republic.



(3) Where this law speaks about the Court, means according to the nature of things

the District Court, the District Court, circuit court, the higher military military

the Court, the High Court or the Supreme Court of the Czech Republic (hereinafter referred to as

"the Supreme Court"). ".



3. In section 12, paragraph. 4 are deleted, the words "and the municipal court in Bratislava".



4. In section 12, paragraph. 5 are deleted, the words "and the city attorney in

Bratislava ".



5. In section 12, paragraphs 11 and 12 are deleted, paragraph 13

renumbered as paragraph 11 and from his text deleted the word "Federal".



6. section 13 including the title:



"section 13



The performance of the criminal justice system



Justice in criminal matters is exercised by district courts, regional courts,

the military courts, higher military circuit courts, high courts and the Supreme

Court. ".



7. In section 18, paragraph. 2 the words "the Czech and Slovak Federative Republic"

replaced by the words "Czech Republic".



8. In article 25, paragraph 2 shall be deleted and paragraph numbering shall be repealed.



9. In section 31, paragraph. 2, the words "of the Supreme Court of the Czech Republic,

The Supreme Court of the Slovak Republic and the Supreme Court of the Czech and

Slovak Federal Republic "shall be replaced by the words" Supreme Court ".



10. In section 35, paragraph. 1 the words "before the Court" shall be replaced by the words "before the

the regional court as the Court of first instance ".



11. § 47 odst. 2 is added:



"(2) the portion of assets intended for the securing of a claim in the resolution on ensuring

describe and the accused to disable them. Movable assets usually

saved in the custody of the Court. In the case of real estate, will the resolution on

ensure the appropriate cadastral authority. In the case of receivables will be told

the debtor, that the place of performance of the accused into custody, he composed the subject of performance

Court. ".



12. section 53, paragraph. 2 is added:



"(2) the Supreme Court, High Court and District Court, individual acts and

in your circuit to perform dožádáním of the District Court in whose district the to be

operation is carried out; the Supreme Court and the High Court it can also

dožádáním regional court. ".



13. In section 55, paragraph. 3 the first sentence before the semicolon is added: "in the Czech language

draws up a Protocol on the testimony of a person, even if the interviewee speaks volumes in

another language ".



14. In section 60, paragraph. 4 (b). (d)), the word "Chief" shall be replaced by

"the Director".



15. In section 66 paragraph. 2 the second sentence, the word "Chief" shall be replaced by

"to the Director" and in the third sentence, the words "the Commander or Chief" shall be replaced by

the words "the Commander, the Chief or Director".



16. In section 71, paragraph. 5, in the first sentence be deleted, the word "Republic", deleted

the second sentence and added the following sentence is added: "in the period referred to in

paragraph 3 shall be the period during which proceedings in the matter took place

the Supreme Court ".



17. In section 80 (2). 1 third sentence, the words "the State notary public" shall be replaced by

the word "Court".



18. In section 80 (2). 2 the first sentence, the words "the State notary public" shall be replaced by

the word "Court".



19. In § 146 paragraph. 2 (a). (c)) part of the sentence before the semicolon is added: "the President of the

Senate District Court superior regional court, the President of the Senate

the military court of the cladding supervisor higher military court and

Chairman of the Board of the regional or higher military court supervisor

the High Court ".



20. § 152 paragraph. 2 is added:



"(2) the daily rate is attributable to the costs associated with the exercise of custody and

method of payment of these costs provides for the Ministry of Justice in General

binding law. ".



21. In § 152 paragraph. 3, the words "the Minister of Justice Decree"

replaced by the words "generally binding legal regulation, the Ministry of

Justice ".



22. In § 153 paragraph. 1, the words "the Minister of Justice Decree"

replaced by the words "Ministry of justice generally binding legal

Regulation ".



23. section 161, paragraph. 4 is added:



"(4) investigation of the Prosecutor's Office investigators and investigators are held

police authorities. The jurisdiction of the investigators, lays down the General

the Prosecutor, together with Minister of the Interior. Can determine jurisdiction

investigators also for acts which are otherwise held search. ".



24. In paragraph 168. 3 (b). and), the word "chiefs" shall be replaced by

"the directors".



25. section, paragraph 224. 5 is added:



"(5) a court suspends criminal prosecution, if it considers that the law, the use of

in a criminal case is decisive for deciding guilt and punishment, is in

contrary to constitutional law or international treaty, which takes precedence over

before the law; in this case, refer the matter to the Constitutional Court. ".



26. the heading of section 252, including:



"§ 252



The Court of appeal



On the appeal against the judgment of the District Court shall be decided by the parent County

the Court and the appeal against a decision of the military court of the cladding shall be decided by

the superior higher military court. The appeal against the judgment of the regional or

the higher military court as the Court of first instance shall be decided by the parent

the High Court ".



27. In section 266, paragraph. 1 the first sentence, the words "in the Supreme Court" shall be replaced by

the words "as the case in the High Court or the Supreme Court."



28. In section 266, paragraph. 6 the first sentence, the words "Supreme Court" shall be replaced by the words

"the Court on a complaint for violation of the law" and in the second sentence, the

the word "Supreme" is replaced by "this".



29. § 266a:



"§ 266a



(1) If a complaint for violation of the Act is directed against a decision of

the District Court, the regional court, the military court of the cladding or

the higher military court, Prosecutor, investigator or search

the authority shall decide on it in the High Court, in whose district the seat of the authority,

which issued the contested decision. If a complaint for violation of law

is directed against the decision of the High Court shall be decided by the Supreme Court about her.



(2) if the other provisions of this title is talking about the Supreme Court

This means according to the nature of the matter whether or not the Supreme Court. ".



30. In paragraph 324. 1 the word "Chief" shall be replaced by the word "Director".



31. In paragraph 331. 1 the first sentence and second sentence of paragraph 2, the word

"Chief" shall be replaced by the word "Director".



32. In section 379, paragraph. 1 the second sentence, the words "the Czechoslovak citizen"

replaced by the words "a citizen of the Czech Republic."



33. section 383a including title:



"section 383a



The takeover of the criminal case from abroad



On the proposal of the competent authority of a foreign State to prosecute a citizen

The Czech Republic, which in the territory of that State committed a criminal court

performance, took over the competent authorities of the Czech Republic, decisions of the General

the Prosecutor's Office of the Czech Republic, which in the case of a positive decision on the

the proposal puts the initiative without delay to materially and locally competent authority for

prosecution under the provisions of this Act. ".



34. In section 383b, the words "in the territory of the Czech and Slovak Federal

The Prosecutor General of the Republic, the Czech and Slovak Federal

Of the Republic "shall be replaced by the words" in the territory of the Czech Republic, the General

the Prosecutor's Office ".



35. In the first sentence of section 383c, the words "the Supreme Court of the Czech and Slovak

Federative Republic "shall be replaced by the words" Supreme Court ".



36. section 384a:



"section 384a



If it is to be announced by the international treaty, which is the Czech

Republic is bound, executed the judgement of a foreign court in the criminal case,

the Ministry of Justice shall submit the matter to the Supreme Court with a proposal to

the recognition of a foreign decision of the Tribunal on the territory of the Czech

of the Republic. The Supreme Court shall decide on the proposal after hearing of the General

the Prosecutor's judgment. ".



37. In paragraph § 391a. 1, the words "the Federal Ministry" shall be replaced by the word

"The Ministry".



38. In section paragraph 391a. 2 the words "Ministry of Justice of the Czech

of the Republic and the Ministry of Justice of the Slovak Republic are hereby authorized "

replaced by the words "the Department of Justice is hereby empowered".



39. section 391b:



"§ 391b



The Ministry of finance is hereby empowered to, in agreement with the General

the d.a. 's Office, the Ministry of Justice and the Ministry of defence

establishes a generally binding legal regulation the procedure for competent authorities

When securing and administering the secured assets. ".



Article II



Transitional provisions



1. the proceedings in cases in which it was founded, according to present regulations

the jurisdiction of the Supreme Court of the Czech and Slovak Federal Republic, with

exception of the procedure for ordinary appeals against a decision of the

higher military courts, the Supreme Court, unless, in the

the first instance ruled law enforcement authority on the territory of the Czech

of the Republic.



2. Went to the Supreme Court of the Czech and Slovak Federal Republic

proposal for a decision on the recognition of a foreign court and the date of effectiveness of this

Act on it has not been decided, is to further the management of the Supreme

the Court, if the decision of the person who has a permanent residence in the territory of the

Of the Czech Republic.



3. the proceedings on a complaint for violation of law in matters in which it decided to

former State Court or former Supreme Court as the Court of first instance,

the Supreme Court, where, under the legislation currently in force was

in the matter of the review procedures at first instance court located on the territory of the

Of the Czech Republic.



4. the procedure for ordinary appeals against a decision of the higher

military courts, for which the date of effectiveness of this law the Supreme Court

The Czech and Slovak Federative Republic decided, is the Chief

the Court, in whose district has a higher military court is located.



5. In the procedure for withdrawal of a case to court, based in the Czech Republic and its

the commandments of the Court in the Slovak Republic and vice versa from the effectiveness of this

the law does not continue.



6. the decision of the courts of the former Czech and Slovak Federal Republic,

If you have the registered office on the territory of the Czech Republic, are enforceable in the same

conditions, such as the decision of the courts of the Czech Republic.



7. If, prior to the effectiveness of this law started in the Czech


of the Republic, with the power of decision of the Court of the Slovak Republic or of the Court of

the former Czech and Slovak Federative Republic, which had its seat at

the territory of the Slovak Republic, in it, as if it were a

decision of the Court of the Czech Republic, if the international treaty, which is

Czech Republic bound provides otherwise.



Article. (III)



This law shall enter into force on 1 January 2005. January 1, 1993.



Uhde v.r.



Klaus v.r.