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The Amendment To The Act. The Criminal Procedure By The

Original Language Title: novela zák. o trestním řízení soudním

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57/1965 Coll.



LAW



of 17 May. June 1965



amending and supplementing Act No. 141/1961 Coll., on criminal court proceedings

the Court (code of criminal procedure)



The National Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



Article. (I)



The law of 29 July. # 141 November 1961 Coll., on criminal court proceedings

(code of criminal procedure) shall be amended and supplemented as follows:



1. In article 2 (2). 1 the second sentence shall be deleted.



2. section 4, paragraph 4. 1 the first sentence reads as follows:



"(1) the basic organization of the Revolutionary Union movement and the

The Czechoslovak Union of youth may, after consultation with others

working to offer a guarantee for the remedy of the accused if they have

It is reasonable to consider that there are prerequisites to the accused by

a collective remedy. The same permission is uniform agricultural cooperative and

production cooperative, which is accused by the worker. "



3. In section 4, paragraph 4. 2 the term "Attorney" is replaced by "the Prosecutor,

investigator or search authority ".



4. In article 11 (1) 1 (b). (c)), after the words "with respect to" the words "on the

a person who is excluded from the powers of the bodies active in criminal proceedings (section

10), or ".



5. In article 11 (1) 1 (b). f) are deleted, the words "the Court or

the Prosecutor ".



6. § 12 para. 9, the word "investigations" is replaced by "criminal

the prosecution ".



7. In paragraph 32, the words "allegations (para. 165)" shall be replaced by

"allegations (section 163) or it was notified of the allegations (section 169)".



8. In § 33 para. 1 instead of the second sentence the following sentences shall be added:



"He has the right to choose defence counsel and consult with him. When in custody, can with

an advocate to speak without the presence of a third party; investigator him such

the conversation will allow. However, if the reason for the fear that the accused binding will thwart

the investigation [section 67 (b))] and if not yet nepřikročilo to familiarize yourself with the

the results of the investigation, is to interview without the presence of third persons to be

consent of the investigator. "



9. section 35 para. 1 reads as follows:



"(1) the defence counsel in criminal proceedings may only be a lawyer. If it is in the scope of

the military justice system particularly important interest of the defense of the fatherland, can

the Prosecutor or the President of the Chamber may decide that it can be an advocate

only an officer of justice in active employment included in the military justice system;

He then has in the exercise of all rights and obligations of the defence advocate and is

be relieved of duty. "



10. In § 36 odst. 3 the words "and shall be removed at least from the time when

the authorities agreed to meet after the end of the investigation the accused with his

the results (section 169) ".



11. In § 39 para. 1 the second sentence shall be inserted, to read as follows:



"In the cases referred to in § 35 para. 1 the second sentence shall appoint defence counsel

the Prosecutor or the President of the Senate. "



12. In article 39, paragraph 2 shall be deleted and paragraph 1.



13. § 41 para. 2 is added:



"(2) the Advocate is entitled to no longer be in the preparatory proceedings for the accused

the proposals, to submit requests for him, remedies, to inspect the files

(section 65) and to participate in the investigation pursuant to the provisions of this law and

the search operations. With the accused who is in custody, shall be entitled to speak

to the extent provided in § 33 para. 1. "



14. § 50 para. 3 read as follows:



"(3) in the case in the field of military justice a matter of especially important interest

the defense of the fatherland, the Prosecutor or the President of the Chamber may decide that in her

an agent may be just an officer of justice in active employment included in the

the military justice system. "



15. section 65 paragraph 1. 2 is added:



"(2) in the preliminary proceedings, the Prosecutor may, an investigator or a lookup

inspection authority for compelling reasons. The severity of the

reasons, from which access to the file was denied an investigator or

Search Authority, at the request of the person to whom reference has been denied,

the Prosecutor is obliged to urgently examine. Access to the file cannot be

deny the accused and defense lawyers, the authorities agreed to no longer to meet

the accused with the results of the investigation or search. "



16. In article 65 paragraph 1. 3 the words "to a resolution of charges" shall be replaced by

the words "to a resolution of charges (section 163) or in the record of

communication charges (section 169) ".



17. in section 66 paragraph 1. 3, the words "in accordance with the prison regulations" shall be replaced by

"the ' ability '.



18. In paragraph 68, the words "against which it was allegations (para. 165)"

replaced by the words "against which it was allegations (section 163) or that

It was communicated to the accused (section 169) ".



19. in § 76 para. 1 the words "investigative or security authority in the

urgent cases to detain, although has not yet been filed against her

the charges under section 165 "are replaced by the words" the interrogator or the search

in urgent cases, the authority to detain, although against her has not yet been

allegations pursuant to section 163 or not charges pursuant to §

169.



20. In paragraph 76, paragraph 5 is attached:



"(5) the provisions of §§ 91, 92, 93 and 95 shall take care even if the

If the person arrested is questioned at a time when there was still against it

allegations pursuant to section 163 or not charges pursuant to §

169.



21. in section 78 para. 3 the words "Prosecutor or investigating authority, in

emergency and security authority "shall be replaced by the words" Attorney,

investigator or search authority.



22. § 79 paragraph 2. 3 read as follows:



"(3) without the prior consent referred to in paragraph 1 may be a command

an investigator or search authority is issued only if the

prior informed consent cannot be achieved and the matter urgent.



23. the sixth head of the Fourth Section is repealed.



24. section 96 is repealed.



25. In article 115 paragraph. 1 the term "Attorney" is replaced by the words "Attorney

or an investigator ".



26. in § 122 para. 1 the second sentence with the following sentence is added: "If the

stored an unconditional prison sentence must contain the operative part of the judgment

about how the performance of this sentence (section 39a, 81 tr.).



27. in section 125 in the last sentence is deleted the citations section 121.



28. § 152 paragraph 1. 2 is added:



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

method of payment of these costs provides for the Minister of the Interior.



29. in paragraph 152 connects paragraph 4 is added:



"(4) the costs associated with the performance of a sentence it modifies

the law on imprisonment.



30. section 157 to 179, including headings, section titles, sections, and sections added

as follows:



"PART TWO



Preliminary proceedings



§ 157



General provisions



A Prosecutor, an investigator and search authority are obliged to organize

its activities so as to effectively contribute to timeliness and merits test

a criminal prosecution.



THE HEAD OF THE NINTH



Before you begin criminal prosecution procedure



§ 158



(1) the Prosecutor, the investigator and search authority are obliged to accept

notification of a crime and is dealt with as quickly as possible; in doing so, they are

the notifier shall learn about responsibility for the knowingly false information,

and no later than one month from the notification, inform the action

measures.



(2) Search authorities are required to take place all the necessary measures to

detection of criminal offences and their perpetrators; they are required to do

also the necessary measures to prevent crime.



(3) to clarify the notification on criminal offences and other initiatives to

criminal prosecution be Prosecutor, an investigator and search authority

the necessary documents and the necessary explanations and to detect and provide clues

a criminal offence; in doing so, however, are not entitled to before the start of the criminal

the prosecution make operations referred to in the fourth and fifth heads of criminal procedure with the

the exception of acts pursuant to § 113 and 114.



(4) the Explanation referred to in paragraph 3 shall not be required from those who would

It has violated the law explicitly stored or recognized the obligation to

confidentiality, unless he was relieved of this obligation by the competent authority

or in whose interest has this obligation. The explanation may deny, who

it caused the danger of criminal prosecution themselves or the persons referred to in

§ 100 para. 2.



§ 159



(1) except in the case of a suspicion of an offence, the Prosecutor,

investigator or search the matter postponed a resolution if it is not

on the spot to settle the matter otherwise. Such expediting may be particularly



and commit things local folk) the Court or the National Committee for

discussion of wrongdoing,



(b) commit things National Committee) or any other body to discuss

offence, or



(c) commits stuff to another body) to kázeňskému or kárnému.



(2) the Prosecutor, investigator or search authority before starting

criminal prosecution shall postpone the resolution of the matter, if the criminal prosecution

inadmissible pursuant to § 11 (1) 1.



(3) the Prosecutor, investigator or search authority may, before the start of

criminal prosecution



and postpone resolution) thing, when the criminal prosecution of inexpedient due to

in the circumstances referred to in section 172 para. 2,



(b)) to turn over case local folk Court, in the case of criminal

lesser danger for society, the offender is committing his regrets and

effective effort reflected remedy, if this way of handling

considers that in view of the offender and the educational strength of the team for the

sufficient,



(c)) to turn over case to the local court if adopted the folk

guarantee of social organisations, under the conditions referred to in section 4, paragraph 4. 1 and 2.

In that case, shall communicate its decision to the organization that took over and guarantee


ask it to within the meaning of the guarantee took upon themselves the care of correction offender

and ensure that the damage caused by the criminal offence, if the

has not already been,



(d) commit the matter to the competent authority) to kázeňskému discussion, if it is a

a crime that can be dealt with this way of ' ability, if the execution of the

considers that in view of the offender and the nature of his act as sufficient.



(4) the resolution on the postponement of the matter must be delivered to the notifier, which always

You may file a complaint against him. Resolution on the postponement of the case referred to in paragraph

2 and 3 (b). and) must be delivered within 48 hours of the Prosecutor.



(5) to turn over to the local folk court may be just the thing due objasněnou.



THE HEAD OF THE TENTH



The initiation of criminal prosecution and the next steps in it



The first section



Commencement of prosecution



§ 160



(1) if the facts Indicate that a crime has been committed

performance, and if it is not the reason for the procedure under § 159 paragraph. 2 and 3, it shall initiate the

investigator or search authority without delay the criminal prosecution. Criminal

the prosecution shall be initiated by the resolution. If there is a risk of default, it shall initiate the

investigator or search authority of the prosecution making

hedging acts pursuant to the provisions of section of the second to the fifth the fourth

head. After their implementation shall draw up without delay a resolution. The Prosecutor of the

a copy of the resolution shall be delivered not later than 48 hours.



(2) an investigator or search authority initiates criminal prosecution and

performs emergency acts even if it is impossible to achieve, so that those acts

carried out by the competent authority; After the execution of urgent acts, however,

shall refer the matter without delay, at the latest within three days from the start of

criminal prosecution to the competent authority.



Section two



The investigation of



§ 161



The extent of investigations and investigative bodies



(1) an investigation is held on criminal offences, for which there is no

Search (para. 168).



(2) an investigation takes place and on criminal offences, which are otherwise held

Search



and if the accused) is in custody, imprisonment, or on

observation in a medical institution



(b)) in the case of proceedings against a juvenile, a fugitive, or against a person who

is deprived of legal capacity or capacity to

legal capacity is limited, or if they are relative to the physical or

mental defects accused doubts about its competence to

defend, or



(c)) where the Prosecutor.



(3) If an investigation should be held for at least one of the offences,

the investigation takes place on all the criminal offences of the same accused and against

all the accused, whose crimes are related.



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

national security; the jurisdiction of the investigators shall be made by

the Prosecutor, together with Minister of the Interior.



§ 162



The adoption of things to investigate



About the adoption of things to investigate the investigator decides. If he refuses the thing

to adopt, without delay, submit to the writings of his opinion of the public prosecutor.



§ 163



Of charges



(1) If on the basis of the established facts sufficient

the conclusion that the offence was committed against a person, the investigator shall issue

the resolution without delay, that the person is prosecuted as an accused person.



(2) the resolution of accusation must contain a description of the investigated

deed, indicating the place, time, or other circumstances in which the

It happened that the deed could not be confused with the other. In its resolution must be

also, what offence in this deed, and sees his

legal naming and specifying the appropriate provisions of the criminal

the law. In addition, the resolution must include the grounds for prosecution.



(3) the accused person shall be notified of the resolution of charges within three days, if the

However, questioned earlier, at the start of his first hearing. The Prosecutor of the

a copy of this resolution shall be delivered not later than 48 hours.



(4) If during the investigation revealed that the accused committed the next

deed to which the resolution of the charges did not apply,

the parties to this next interrogator progresses the deed under the provisions of

paragraphs 1 to 3.



(5) If during the investigation revealed that the Act for which it was

allegations, it is a criminal offence, other than how it was in the resolution on

the laying of charges legally assessed, the investigator will notify the accused of the

This fact, and such warning shall note in the log.



§ 164



The procedure for the investigation of



(1) Investigations held investigator usually personally. Acts made after the

the initiation of criminal proceedings in other organs as well as inspection and

inspection body, made before a criminal prosecution (section 158 paragraph 2.

3), they may not repeat the investigator, if they have been carried out in a manner

the corresponding provisions of this Act; However, the investigator always

the accused shall be heard.



(2) an investigator shall proceed with the investigation on its own initiative,

so as soon as possible and fully as possible all the facts have been clarified

necessary to examine the case of the person of the offender and the victim to claim

compensation and also revealed the causes that have led to criminal

activity or allow the committing (section 89 (1)). To the identified

deficiencies or defects investigator will notify the State or another authority,

business or organization to which the defect or fault refers to.

Authority, a business or organization concerned shall be required to

investigators within one month, communicate, what measures have been taken to

Elimination of deficiencies.



(3) the evidence shall, regardless of whether the investigators testify in favour of the

or to the disadvantage of the accused. The confession of the accused person does not deprive the investigators

the obligation to examine all the available evidence and to verify the veracity of the

confession and all the circumstances of the case. Also must be carefully

reviewed and validated against the defense of the accused, if it is not obviously irrelevant.

The accused must not be in any way compelled to give evidence or a confession.



(4) except where it is under this Act require the consent

the Prosecutor, the investigator all decisions on the procedure in the

investigation and implementation of investigative measures individually and is fully

responsible for their legal and timely implementation. If an investigator

do not agree with the Prosecutor's instructions to bring charges, to qualify the

of the offence and the extent of the allegations or with instructions on how to discharge the

things in the preparatory proceedings, is authorised to communicate to it in writing;

If the Prosecutor does not comply with these objections, shall refer the matter to your manager

the Prosecutor, that the Prosecutor's instructions child cancels, or thing

orders to other investigators. In all other cases, the instructions

the Attorney for the investigators.



(5) an investigator is, in matters that are investigating, be entitled to

Search authorities to perform the acts necessary for the investigations;

the implementation of investigative measures, however, may require only exceptionally in

justified cases, in particular where there is a risk of default.

Search authorities are required to comply with these directions.



§ 165



Participation in defenders investigation



(1) an advocate is already from the laying of charges shall be entitled to be present at the

investigations; can he ask the defendant and others

questions, however, until the authority of the hearing and shall give the ends to

the word; deny a lawyer this permissions are only for serious reasons,

that is, a Prosecutor shall, at the request of the obhájcovu rapidly reviewed.



(2) on the investigations, which will control the following after

It was declared finished and the investigation, the accused was with his results

familiar, you cannot deny participation advocates; in doing so, regardless of whether the

management of the following on the proposal by the accused or his counsel to instruct the

the Prosecutor, or on the basis of a court decision.



(3) the defenders of juvenile persons and persons that for their physical or mental

the defect is not able to properly defend herself, could not deny participation in

any of its interrogation from the laying of charges, and in the implementation of

investigative measures.



(4) If an advocate shall notify investigators that he wanted to participate in the investigation

the Act, the investigator is obliged to inform him in due time and venue

of the Act, unless it was the Act of an emergency. This is true even if the

If the investigator intends to serious grounds for advocates participating in the Act

deny.



§ 166



The end of the investigation



(1) If an investigator investigations completed and its results for the

sufficient for the indictment, the accused with the results

the investigation, he shall submit to the investigation files to study and learn about it

its right to propose additions to the investigation.



(2) if the accused Has a lawyer, it needs to be to meet with the results

investigation of the invite and allow him to study the writings and talk with

the accused who is in custody, without the presence of a third party.



(3) about getting started with the results of the investigations it is necessary to notify the accused and

advocate for at least three days in advance. This period may be shortened only with their

the consent. To get started with the results of the investigation is to be provided

the accused and his lawyer reasonable time.



(4) complement the investigations it deems necessary, the lawyer must


design has already started with the results of the investigation.



(5) rejected the accused or his defense attorney to supplement the

investigations may by a reasoned resolution of the investigator in the case

the proposed addition is for the decision of the Prosecutor and the Court apparently

unnecessary; otherwise the investigation according to the presented proposals will complement and

the accused and his defence counsel familiar with the results of the Tween.



(6) if the accused fails to appear or defence counsel, although duly notified,

without a legitimate excuse to familiarize yourself with the results of the investigation or

If the accused refuses to get acquainted with the results of the investigation, noting it

together with the reasons, if the accused stated in the investigative file and

move on, like he was accused with the results of the investigation

familiar.



(7) in the case of offences referred to in title of the first of the special part of the criminal code,

of which held first-instance proceedings county courts shall carry out

the results of the investigation of the accused, dating with investigators

Public Prosecutor's Office.



(8) the investigation must be completed no later than two months from the start of

a criminal prosecution. Within this period shall be submitted to the Prosecutor of the writings

with a final report containing a proposal for definitive measures or to make

decision pursuant to § 171 to 173. Extend this time limit of one month is

entitled to the Prosecutor, who shall exercise supervision of the investigation; enable

additional extension of time shall be entitled to a superior public prosecutor.



§ 167



Request for review procedure, investigators



The accused and the injured party shall have the right at any time in the course of the investigation request

the Prosecutor, in order to remedy the delays in investigations or defects in the

the procedure investigators. The application is not bound by the deadline. This request, which

the Prosecutor must be immediately present, must the Prosecutor shall immediately

to handle. On the outcome of the review of the applicant must be notified.



The third section



Search



§ 168



The search scope and search authorities



(1) the Search takes place on offences of stealing assets in

Socialist ownership pursuant to § 132 paragraph. 1, unauthorized use of the

the case of the Socialist ownership pursuant to section 133, handling stolen goods to

the detriment of Socialist ownership pursuant to § 134 para. 1 and 3,

concealing things from the Socialist ownership under section 135,

damage to property in Socialist ownership pursuant to § 137, General

the threat under section 180 paragraph. 1, damaging and endangering traffic in General

usefulness of the equipment referred to in section 184, the illegal production of alcohol under section 194a,

violence against a group of inhabitants and against individuals under section 197a,

drunkenness, pursuant to section 201, 202, disorderly conduct under section příživnictví pursuant to §

203, pimping, pursuant to section 204, endangering morality under section 205, slander

under section 206, the failure to provide assistance under section 207 and 208, bodily injury

pursuant to § 221 para. 1 and § 223, fights pursuant to § 225 paragraph. 1, violations

the House of freedom under section 238, theft in accordance with § 247 paragraph. 1, embezzlement

under section 248 paragraph. 1, unauthorized use of Foreign Affairs under section 249,

fraud under section 250 paragraph. shareholdings pursuant to § 1, paragraph 251. 1 and section 252,

the concealment of the case under section 254, the deterioration of Foreign Affairs, pursuant to section 257 paragraph. 1,

failure to exhaust the obligation under section 267 para. 1 tr., criminal act.

acts referred to in § 294 paragraph 1. 1 tr. and on offences under section

3 of the law of 17 May. October 1958, no. 74 Coll., concerning the permanent establishment

by nomadic people.



(2) search for a place



and the authorities of the National Security Corps),



(b)) in the College of remedial education is also the competent authorities of this choir of

its members, crime



(c)) in the armed forces or authorities of their masters, also in charge of

offences to people under their command powers, if

These offences law provides for a punishment more severe than imprisonment

with the upper limit of not more than one year and on offences referred to

in § 294 paragraph 1. 1 tr.



(3) as a search authorities within the meaning of section 158 paragraph 2. 3, § 160 and 170 acts

whether or not



and the chiefs nápravně educational institutions) or authorities entrusted by them,

in the case of offences of persons in prison or in the

custody,



(b)) the authorities of the border guard in matters of protection of the State borders,



(c)) at long-haul voyages captains about the crimes committed by

on this ship.



§ 169



How to search



In the search will proceed in accordance with the provisions of this Act on the

the investigation with the following deviations:



Search Authority) the allegations communicated to the accused person not later than the beginning of the

his first hearing about it and make the entry in the log; a copy of this

the Protocol shall, by 48 hours the Prosecutor;



(b) if the search does not consider) the authority to search the proposed supplement

the accused or his counsel, does not make it; about getting started with

search results and on the rejection of proposals for its replenishment will make a record

to the Protocol;



(c) paragraph 164) section. 4 and § 165 paragraph. 1 in he search;



(d)) the search must be completed not later than one month from the

the initiation of criminal prosecution, and if the offender has not been identified, within two

months. End your search in these periods, the Prosecutor

shall be entitled to extend the time limit by a maximum of another month. Otherwise, orders take place

the investigation.



§ 170



How to search the authority in the case, in which the investigation is to be held



(1) the search authority initiates criminal prosecution in the case which has to be

the investigation took place, only if the matter does not tolerate delay, and if it cannot be achieved,

to do so the investigator; to initiate criminal prosecution, search

the authority shall without delay inform the investigating officer and after the urgent

the acts of the case not later than three days from the commencement of criminal prosecution passes.



(2) following the transmission of the things investigators may search authority to carry out

investigative measures only as instructed by the investigators (section 164 (5)). Otherwise,

acts to clarify things takes place only with the knowledge of the investigators. In the case in which

offender has not been identified, however, continues the investigation of things and understands that the

investigators of the results.



Section four



The decision of the investigators and search authority



§ 171



Referral to the



(1) an investigator or search authority shall refer the matter



and the local folk Court) show the results of the investigation or

Search, that this is not a criminal offense, whereas, however, it comes to wrongdoing,



(b)) other authority than local folk Court, show the results

investigation or search, that this is not a criminal offense, however, as regards the

wrongdoing or offense, which is the competent authority responsible

make decisions.



(2) an investigator or search authority may refer the matter



and the local folk Court) if the results of the investigation or

a search shows that it is a crime of lesser hazards

the company, the perpetrator of a criminal offence and is therefore effective efforts of regrets after

remedy and if due to the offender and the educational power of the team

execution of the things local people's Tribunal is sufficient to remedy the offender; You may

so State in particular, if a local people's Court itself on the assignment

the matter asks,



(b)) to the local folk Court after receiving guarantees of social organizations for the

the conditions referred to in section 4, paragraph 4. 1 and 2. In that case, it shall communicate its

the decision of the organization that took over the warranty and ask it to within the meaning of

the guarantee took care of itself remedy the accused and, while being careful to replace

the damage caused by the criminal offence, if it has not already been,



(c) the authority competent to) kázeňskému control, if it is a crime that

can ' ability and given to the person of the accused and the nature of his crime

This processing can be considered as sufficient.



(3) a copy of the resolution on the transfer of the case to be delivered to the accused and

the injured party; the Prosecutor must be delivered in 48 hours.



§ 172



Stopping criminal prosecution



(1) an investigator or search authority stops prosecution



and) If no doubt that it does not become an offence for which the criminal prosecution

leads,



(b)) If this is not an act of a criminal offence and there is no reason to transfer the case,



(c)) unless it is established that the accused committed the deed,



(d)) where the criminal prosecution is not permitted (section 11 (1)),



(e) if the accused) was not at the time of the crime for insanity criminally responsible,

or



(f)) if crime disappeared.



(2) an investigator or search authority may stop the prosecution



and if the punishment), which may lead to prosecution, completely without meaning beside

punishment for another crime is already saved, or the accused person who

as expected, affecting, or



(b)) if the deed of the accused has already decided National Committee or

other authority, ' ability, able in the printer or foreign court or authority and the

This decision can be regarded as sufficient.



(3) a copy of the resolution on the cessation of criminal prosecution is necessary to deliver the

the accused and the injured party; the Prosecutor must be delivered to the 48

hours.



§ 173



Interruption of criminal prosecution



(1) an investigator or search authority suspends criminal prosecution



and if you can't), the absence of the accused accordingly to clarify the matter,



(b) if the accused person) cannot be used for severe disease to stand before the Court,



(c) if the accused is not) for mental illness that occurred after committing


crime, able to understand the meaning of criminal prosecution,



(d)) if the accused is extradited to a foreign country or exiled, or



(e) if) failed to find out the facts qualifying held criminal

the prosecution against a person.



(2) before a criminal prosecution to be taken all that is

need to secure the successful implementation of a criminal prosecution. If you pass away

the reason for the interruption, in the criminal prosecution continues.



(3) a copy of the resolution on interruption of criminal prosecution shall be delivered to the 48

hours the Prosecutor. The victim should be the suspension of criminal prosecution

notify.



The fifth section



Supervision of the Prosecutor



§ 174



(1) supervision of adherence to legality in preparatory proceedings shall exercise

Prosecutor.



(2) in exercising this surveillance is the Prosecutor shall be entitled to:



and) give binding instructions to investigate and to search for criminal offences;



(b)) to request from investigators and search bodies writings, documents,

materials and reports on committed criminal offences for the purpose of screening,

whether these authorities in time to initiate criminal prosecution and progress it properly;



(c)) to participate in the implementation of the tasks of investigators or search

authorities, personally make an individual of these acts or even the whole

investigation and issue a decision in any case; While progresses

According to the provisions in force under this Act for the investigators and against

his decision is admissible to the same extent as a complaint against

the decision of the investigators;



(d)) to return the matter to investigators or search authorities with instructions

to complement;



e) interfere with the illegal and unjustified decisions and measures to investigators and

Search organs that can replace your own; in its resolution on the

stop and interruption of criminal prosecution or the referral of a criminal case

You may do so within fifteen days of delivery; If the decision

the investigators or search authority replaced its own decision

otherwise than on the basis of a complaint of an authorized person to the resolution

the investigators or search authority, is against the decision of the

admissible to the same extent as a complaint against the decision of the

the investigators or search authority;



f) required in any case in which a search can be held to

It was provided by the investigation;



(g) remove any thing specific) investigators and take action,

that thing was ordered another investigators or have carried

individual investigators and Prosecutor's Office investigative measures in the matter,

which is investigating another investigator.



§ 175



(1) only the Prosecutor is entitled to:



and,)



(b)) take into custody, issue a delivery order into custody and release from custody,



(c) ensure the assets) required the accused and determine which resources and

things that security does not apply, or cancel such collateral,



(d) make the securing of a claim of the injured party) for damages and restrict or

cancel such collateral or thing of him cut,



(e) order the exhumation of corpses)



(f) the request of the accused person) to propose from abroad,



(g)) to perform a preliminary investigation in proceedings on extradition to a foreign country.



(2) the Prosecutor shall be entitled to store the bodies of the Corps of national security

perform such acts, which are these authorities shall be entitled to do so, and

they may need to clarify things or to identify the perpetrator.



The sixth section



The indictment



§ 176



(1) if the results of the investigation or search sufficiently

justify the position of the accused before the Court, the Prosecutor shall the prosecution and

connects to her writings and their attachments.



(2) the prosecution may be made only for an offence for which the accused

filed (section 163) or informed (para. 169). If the Prosecutor says this deed

considered as a different offense than what it judged by the investigator, or

Search Authority, shall notify him before the indictment of the accused and

his lawyer to determine whether proposed with regard to the intended change

investigation or search.



§ 177



(1) the indictment shall contain



and the Attorney, and day) indication of the drafting of the indictment,



(b) the accused person's) name and surname, date and place of his birth, his

employment and residence, or other information needed to allow it to

be confused with another person; in the case of a person subject to the jurisdiction of

the military courts, whether or not the rank of the accused and the Department, which is

a national,



(c)), in which the writ must be precisely marked an offence for which it is

the accused prosecuted, indicating the place, time and manner of its perpetration, the

where appropriate, the indication of the different facts, if they are needed to

that the deed could not be confused with another, and to justify the use of

certain penalties; There must be further stated, what offence

the prosecution sees in this deed, and that his legal name

the corresponding provisions of the law and all legal characters, including

those that justify a criminal rate,



(d)) in the preamble of claim, which must contain a summary of the facts

going on, stating the evidence on which this presentation is based, defence

the accused and the Prosecutor's opinion to it, with an indication of the facts, for the

which the Prosecutor considers the Defense for resting or for atmospherics,

as well as legal considerations governing the Prosecutor drove in the assessment

the facts according to the relevant provisions of the Act, and



(e)), whose implementation list of evidence when the trial attorney

It proposes.



(2) in the indictment the Prosecutor may also propose that the Court should order the

the accused an obligation to compensate the injured party for the damage. About corrupted when

indictment.



§ 178



(1) the Prosecutor in the indictment suggests that the Court should order the protective treatment or

protective rehabilitation or the prevents things to consider that are for it

legal conditions.



(2) the application referred to in paragraph 1 may take Prosecutor also separately.



The seventh section



Publication of results of preliminary proceedings



Section 179



The results of the preparatory proceedings may be published only with the consent

investigators and the Prosecutor and in the proceedings before the Court until the main

version only with the consent of the President of the Senate.



31. in paragraph 2 of section 183. 1 the first sentence, the words "the base organization

Revolutionary Union movement and the Organization of the Czechoslovak

youth engaged in the workplace of the accused, and the single farm

the cooperative, of which he is a member of the accused, "shall be replaced by the organisations referred to

in section 4, paragraph 4. 1



32. In article 186 paragraph. 1 (b). (b)), the quote "§ 174 to 176" is replaced by the table of authorities

"§ 171 paragraph 2. 1 (b). a) and b), para. 2 (a). a) to (c)) ".



33. In article 186 paragraph. 1 (b). (c)), the quote "§ 177 paragraph. 1 or 2 "is replaced by

citations "section 172 para. 1 or 2 ", and the quote" § 178 odst. 1 (b). a) to (d)) "

quoting "§ 173 paragraph. 1 (b). a) to (d)) ".



34. In § 187 para. 1 are deleted the words "with the participation of the Prosecutor".



35. In paragraph 188 paragraph. 1 (b). (b)), the quote "in section 174 para. 2 or § 175 "

replaces citations "in section 171 paragraph 2. 2 (a). and (c))) ".



36. In paragraph 188 paragraph. 1 (b). (c)), the quote "in section 174 para. 1 or § 176 "

replaces citations "in section 171 paragraph 2. 1 (b). a) and b) ".



37. In paragraph 188 paragraph. 1 (b). (d)), the quote "in § 177 paragraph. 1 "is replaced by

the quote "in section 172 para. 1. "



38. In paragraph 188 paragraph. 1 (b). (e)), the quote "in § 178 odst. 1 (b). a) to (d)) "

replaces citations "in § 173 paragraph. 1 (b). a) to (d)) ".



39. In paragraph 188 paragraph. 2 (a). and) quote "(§ 174 para. 3) "is replaced by

quoting "[section 171 paragraph 2. 2 (a). b)]".



40. In paragraph 188 paragraph. 2 (a). (b)), the quote "in § 177 paragraph. 2 "is replaced by

the quote "in section 172 para. 2. "



41. In § 191 para. 1 the word "investigations" is replaced by "preparatory

control ".



42. In § 202 of paragraph 1. 2 (a). (b)), the words "of the laying of charges and the

introduction of the accused with the results of the investigation "is replaced by" on the

point of order (section 163) or communication charges (section 169) and on the understanding of the accused

with the results of an investigation (section 166) or search (section 169) ".



43. § 221 para. 1 reads as follows:



"(1) show the results of the trial to a substantial change of circumstances

the case, and if it is necessary to clarify things further investigation, the Court may

refer the case back to the Prosecutor of the investigation. "



44. In § 223 para. 2 the quote "in § 177 paragraph. 2 "is replaced by the quote" in the section

172 para. 2. "



45. In paragraph 224 of paragraph 1. 1, the quote "in § 178 odst. 1 (b). (b) to (d))) "

replace the citations "in § 173 paragraph. 1 (b). (b) to (d))) ".



46. In paragraph 255, the quote "in § 178 odst. 1 (b). b) to (d)) "by citations

"in § 173 paragraph. 1 (b). (b) to (d))) ".



47. In section 266 paragraph. 1 the second sentence, the word "Prosecutor" shall be replaced by

"the Prosecutor, investigator or search authority".



48. In § 270 of paragraph 1. 1 and 2, the words "the Court or Prosecutor" shall be replaced by

the word "authority".



49. In paragraph 270 of paragraph 1. 4, the words "the Court or Prosecutor" shall be replaced by

"authority".



50. in paragraph 277 are deleted the words "court or Prosecutor" and the words

"investigative measures" shall be replaced by the words "investigation and search

acts ".



51. In § 278 paragraph. 3, the word "Prosecutor" shall be replaced by

"the Prosecutor, investigator or search authority" and the word

"prokurátoru" shall be replaced by the words "authority, whose decision,".



52. In § 278 paragraph. 4, the word "Prosecutor" shall be replaced by the words "search

authority, investigator, Prosecutor ".



53. In § 281 para. 1 the term "Prosecutor" shall be replaced by

"the Prosecutor, investigator or search authority".



54. In paragraph 288 paragraph 2. 1 the term "Prosecutor" shall be replaced by


"the Prosecutor, investigator or search authority".



55. § 291:



"The defense of a youthful Youthful must have defence counsel from the laying of charges,

who has the right to participate in the investigative measures in the scope specified in §

165 paragraph. 3. "



303. section 56 is repealed.



57. section 320:



' General provisions



(1) how the imprisonment sentence Act regulates the

the deprivation of liberty.



(2) in the case of persons who are in imprisonment, makes a decision

associated with the performance of this punishment, the Court, in whose district the custodial

freedom is exercised.



(3) if imprisonment gradually imposed (section 36, paragraph 2, tr.

Cust.) made for a different way of imprisonment (section 39a and section 81 tr.), the

a common way to exercise sentencing court gradually, in whose district the

the sentence of imprisonment. "



58. section 324:



"The decision to change the method of execution of a sentence



(1) the change of the way of imprisonment shall act in the public

meeting on a proposal from the Prosecutor or Chief of nápravně education

the Institute, at the request of the convicted person or even without such initiative, the District Court

the area in which the sentence of imprisonment.



(2) before deciding to change the way that a prison sentence must

be the person's hearing.



(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect. "



59. Section 326 shall be deleted.



60. In paragraph 331 paragraph. 1 the second sentence shall be deleted.



61. section 335 is hereby repealed.



62. The existing text of § 344 shall become paragraph 1 and connect

the next paragraph shall be inserted:



"(2) If a fine is not paid, and it is quite obvious that the performance

This sentence or its parts could be thwarted by the Court shall authorise enforcement

replacement of imprisonment or its proportional part; in doing so,

decide on the method of performance of a replacement sentence.



(3) the convicted person may at any time turn away performance penalty or his surrogate

the aliquot part by monetary penalty or its proportional part of pay. About

What part of the replacement of the sentence is to be executed, the President shall decide

the Senate.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

shall have suspensive effect.



63. the following section is inserted after section 356a 356, which reads as follows:



"Conditional location outside of the educational Institute



(1) conditional location outside educational establishments shall be decided by a juvenile

at a public hearing on a proposal from the Prosecutor, the authority responsible for the care of

youth or the Director of the educational facilities, at the request of the young person or

without such initiative, the District Court in whose district the trade education

It performs.



(2) this Court as also decides on the cancellation conditional location

the young person outside educational establishments.



(3) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect. "



64. § 362 is hereby repealed.



65. In paragraph 368 is to be inserted after the first sentence the next sentence, which reads:



"Serving the decision was such a person at the time of imprisonment,

they make the decision, the Court in whose district the punishment. "



66. the following section is inserted after section 370, 370a which reads as follows:



"Decision-making after the death penalty mitigation



If it was by the grace of the death penalty commuted to a term of imprisonment, shall decide, in

a public meeting about how to sentence the Court in a case decided in

the first instance. Against this decision is admissible a complaint. "



Article II



1. If, in the provisions of § 12 para. 1, § 30 paragraph 2. 1 and 2, § 53 para.

1, § 60 para. 4 (b). and, § 63 paragraph 1). 1 (b). (c)), para. 3 (b). (c)), § 64

paragraph. 2, section 65 paragraph 1. 1, section 66 paragraph 1. 1, § 75, including the title, § 78 para. 1,

§ 79 paragraph 2. the first and second sentence of § 80 para. 3 the first sentence and the second, § 81

paragraph. 4 first and second sentence of § 83 para. the first and second sentence, and paragraph 2. 3,

§ 86 para. 1 sentence before a semicolon even after the semicolon. 2 the first sentence and

Second, § 87 para. 1 sentence before a semicolon even after the semicolon, § 108 paragraph.

3, § 141 para. 2 first sentence, § 146 paragraph. 1 and 2 (a). and) and § 361 paragraph. 1

talking about the investigative authority shall mean the investigator and search

authority.



2. If, in the provisions of § 36 odst. 2, § 39 para. 1, § 73 para. 1 and

2, § 76 para. 2, § 116 paragraph. 2, § and § 117 paragraph 371. 4 speaks of the

the investigative authority shall mean the investigator.



3. If the provisions of § 8 paragraph. 1.0 § 62 para. 2, § 69 para. 2, § 76

paragraph. 2, § 79 paragraph 2. 2, § 83 para. 2 and 3, § 86 para. 2, § 90 para. 3, §

paragraph 276, 282. 1 and § 377 paragraph. 1 talks about the safety authority, means the

the authority of the Corps of national security.



4. If, in the provisions of § 33 para. the fourth sentence of paragraph 34, first sentence, section

paragraph 36. 1 (b). (b)), § 37 para. the second sentence of § 41 para. 4, § 42 para.

3, § 45 para. 1, § 65 para. the second sentence of § 137, para. 2 the second sentence,

paragraph. 3 the first sentence of section 196, paragraph 2. 1 the first sentence and article 247 paragraph. 2 talking about

carrying a person, means a person who is deprived of the capacity to

legal capacity, or whose capacity to act is limited.

If, in the provisions of § 50 para. 2 and article 137 para. 3 the second sentence talks about

person enjoys, it refers to the person whose capacity to

capacity is not limited.



Article. (III)



The Bureau of the National Assembly shall be empowered, in the collection of laws

full text of the act declared the criminal proceedings by a court (criminal

procedure), as is apparent from the amendments made by this Act.



Article IV



This Act shall take effect on 1 January 2000. August 1965.



Novotný v.r.



R l v.r.



Lenárt v.r.