149/1969 Coll.
LAW
of 18 July 2003. in December 1969,
amending and supplementing Act No. 141/1961 Coll., on criminal proceedings
the Court (code of criminal procedure)
Change: 269/1994 Coll.
The Federal Assembly of the Czechoslovak Socialist Republic is resolved
to this Act:
Article. (I)
The law of 29 July. November 1961, no. 141 Coll., on criminal court proceedings
(code of criminal procedure), in the version resulting from law No 57/1965 Coll., amended
and supplemented as follows:
1. section 2 (2). 9 is added:
"(9) in the criminal proceedings before the Court shall be decided by the Board or by a single judge;
the President of the Senate and by a single judge, decide for yourself only, where this law
expressly provided for. "
2. Article 4 shall be the following changes:
-in paragraph 1, the words "the Czechoslovak Union of youth" shall be replaced by
the words "youth organizations"
-paragraph 2 is deleted; the former paragraph 3 shall become
paragraph (2).
3. In section 12 shall be carried out the following changes:
-in paragraph 1, at the end of the sentence, the words "as well as the authority of doing
clarifying. "
-in paragraph 2, the words "Supreme Court" shall be replaced by the words "the highest
courts. "
-in paragraph 3, the words "District Court", the words ", where appropriate,
Another Court of the same jurisdiction "and the words" Municipal Court "the words" in the
Prague, "
-in paragraph 4, the words "District Attorney", the words
"another Prosecutor, where appropriate, with the same scope," and the words "urban
the Prosecutor "the words" in Prague "
-at the end of paragraph 9, the words "and of the preparatory proceedings from
the initiation of criminal prosecution in the indictment, referrals,
interruption or cessation of criminal prosecution.
-the following paragraphs 10 to 14, which reads as follows:
"(10) Where this Act talks about crime, the means and the offense,
If the nature of the matter otherwise requires.
(11) Where this law speaks about the indictment, means (i) a proposal for the
the punishment, if the nature of the matter otherwise requires.
(12) If the law talks about the Supreme Court, the means by
the case the Supreme Court of the Czechoslovak Socialist Republic,
The Supreme Court of the Czech Socialist Republic or the Supreme Court
The Slovak Socialist Republic.
(13) If this law speaks of the General Prosecutor, means
According to the nature of the matter, the Attorney General of the Czechoslovak Socialist
the Attorney General of the Republic, the Czech Socialist Republic or
the Attorney General of the Slovak Socialist Republic.
(14) Where this law speaks of the Ministry of Justice shall mean the
in the field of military justice Ministry of national defence; where he talks about
the Minister of Justice, means in the scope of the military justice system
Minister of national defense. "
4. 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 Supreme Court of the Czech Socialist Republic, the Supreme Court of the Slovak
the Socialist Republic, the military courts and the Supreme Court of Czechoslovakia
Socialist Republic. "
5. § 17 paragraph. 1:
"(1) a County Court is held in the first instance proceedings for offences, if the
the law provides for a prison sentence, the lower limit shall be
at least five years or, if it is possible for them to impose the death penalty. About
the crime of terror, sabotage, sabotage, subversion and
the deterioration of the State of the World Socialist system and on offences
According to the law on the protection of the peace takes place in the first instance by the district court proceedings and
then, if the lower limit of the lower penalty.
6. In article 20, paragraph 2 becomes paragraph 3 and the following
paragraph 2, which reads as follows:
"(2) the joint management of the crime and tort, which should take place
the management of a single judge, and about crime, about which it is for the review procedure
the Senate, held the Senate. "
7. The existing text of § 25 shall become paragraph 1 and
paragraph 2, which reads as follows:
"(2) remove the thing that held court based in
Czech Socialist Republic, and ordered her to the Court in the Slovak
Socialist Republic, or vice versa, possible only if the
detention and commandments case agrees, the Supreme Court of the Republic, in which the
the seat of the Court to which the case be withdrawn. "
8. section 26 is repealed.
9. In section 48, paragraph. 1 (a). (c) the words "are deleted) local folk Court
or ".
10. § 56 paragraph. 2 the second sentence reads: "If this is a setback for another person, or
the judge, noting is the reason why the game's signature.
11. § 71 paragraph. 1 the second sentence reads: "may extend this time limit only
the superior prosecutor. " The third sentence is deleted.
12. section 72, paragraph. 2 is added:
"(2) the accused has the right at any time to apply for release. About its
applications must Court and, in preliminary proceedings the Prosecutor without delay
decide. If the request was rejected, the accused may, if it does not, in the
her other reasons, repeat until after the expiry of 14 days. "
13. In section 119 paragraph. 2, the words "other bodies active in criminal proceedings"
replaced by the words "a Prosecutor, an investigator and search authority.
14. In section 129 at the end of paragraph 3, the second sentence is added:
"In the case of a single judge, a judge designated by the Chairman shall be the judgment of the Court."
15. in section 146 shall be added to § 146a, including title:
"§ 146a
Deciding on the complaint against the decision on the persons or property
The complaint against the decision, which
and the Prosecutor took the accused into) custody or dismiss the application of the accused of the
release from custody,
(b) the Prosecutor or investigator) ordered that the accused was observed in
Institute of health, or if the accused is in custody in a special Department
correctional facility (section 116),
(c) ensure that the assets of the accused the Prosecutor) to the securing of a claim
the injured party (section 47),
(d) ensure that the assets of the accused), Prosecutor (para. 347), decisions of the Court, in
the judge is the Prosecutor or investigator who contested
issuing the decision, usually within five days. "
16. the title of part II:
"The investigation and search of crimes and clarifying the offenses"
17. In article 157, the words "and the search authority" shall be replaced by the words "search
the authority and the Authority held clearing ".
18. In section 158, paragraph. 3 the words "to clarify" shall be replaced by "to the
examination ".
19. In section 159 shall perform the following changes:
-in paragraph 1 (a) shall be deleted. and (b)). (b)), and (c))
referred to as (a). and (b)),)
-in paragraph 3 (b), respectively are deleted. (b)), and (c)) and (b).
(d)) shall become point (a). (b)),
-paragraph 5 is deleted.
20. section 171, paragraph. 1 and 2:
"(1) an investigator or search authority shall refer the matter to another authority,
If the results of the investigation show that it's not about the offence or
the offense, however, as regards that offence or disciplinary transgressions, of which this
the authority competent to decide.
(2) an investigator or search authority may refer the matter to the authority
competent to kázeňskému the proceedings, with respect to a criminal offence or of an offence,
that can be dealt with ' ability, and due to the person of the accused and the nature of its
the Act can be considered as sufficient in this settlement.
21. section 175, paragraph. 1 (a). and):
"and submit the indictment or design) for punishment,"
22. the head of the tenth section of the seventh following the eighth section, including
Title:
"The eighth Section
Clarifying the offenses
§ 179a
(1) the jurisdiction held clearing.
(2) clarifying the place authorities referred to in section 168, paragraph. 2 and 3.
section 179b
(1) the authorities of doing clearing
and) require an explanation from the State authorities, public, economic and
other organizations, including reports on rumors and a copy of the criminal record,
(b)) require professional observations from the competent authorities,
(c)) the necessary documents, in particular, are the writings and other written
materials,
(d)) require explanations from citizens,
(e) require the implementation of steps) for the identification of persons,
(f)) are finding and ensure traces of the crime,
(g) carrying out inspection of things)
(h) carrying out inspection of the crime scene),
ch) require a blood test or other similar act by a physician
or qualified medical professional, require, and in some
the cases themselves are carried out inspection of the body, if it is essential
need to find out whether they are on the body or the consequences of the crime; in doing so,
proceed under section 114,
I) under the conditions provided for in § 76 may detain the suspect,
(j)) under the conditions provided for in § 78 and 79 may require the release or
execute the withdrawal stuff.
(2) during the clarify
and there is no need for an explanation) of the draft Protocol; Summary of testimony
It should be concise in the report summarizing the results of the clearing;
where it is necessary to make the deposition hearing, you must follow the
the second section of the fifth head,
(b)) the suspect is always necessary to convey what is suspected; When questioning
the suspect, even though it is not detained, proceed under section 76, paragraph. 5,
(c)) is not permitted the participation of defence counsel.
§ 179c
If in the course of clarifying the need to do any locking
the Act by the head of the fourth, with the exception of detention under section 76, the release and
withdrawal of the case under section 78 and 79, or personal inspection under section 82, paragraph. 2 and
3, the Authority held clarification, are the reasons for custody, the thing
investigators, otherwise search authority to initiate criminal prosecution and
at the same time inform the Prosecutor.
§ 179d
(1) Clarification must be completed not later than one month from the date of
When the authority empowered to perform clearing of aware.
(2) clarifying the Results summarizing the authority, which is carrying out, in a message on the
the result of the clarification, and send it to the Prosecutor, together with a proposal on the
the final measures; attaches a copy of a criminal record, the reports on the
"If you were drafted, and other documents.
(3) the report on the outcome of the detection must contain:
and the designation of the authority) clarifying conducted, and the date of drafting of the report,
(b)) the personal data of the suspect in the scope of § 177 paragraph. 1 (a). (b)),
(c)), a brief but concise summary of the facts together with the content
the testimony of the persons examined and indicating what the offense is in deed
sees, as well as with the evidence resources that suspicion to justify,
(d)) the personal data of the damaged.
(4) except in the case of a suspicion of wrongdoing, the authority that clarifying the
carried out, the thing shall, if not on the spot to settle the matter otherwise. In such a
arrangement may be particularly
and submission of the National Committee of the stuff), or another body to discuss
offence, or
(b) submission of the matter to another authority) to kázeňskému or kárnému.
(5) if the authority ascertains that clearing was conducted, that the prosecution is
inadmissible under section 11 (2). 1, or that the prosecution is purposeless
due to the circumstances referred to in section 172, paragraph. 2, or if there's any
the reasons for the interruption of criminal prosecution (section 173 (1)), shall submit to the
a report on the result of clarifying the Prosecutor with a proposal for the postponement or
break things.
(6) the measures provided for in paragraph 4, inform the authority that the detection
carried out, always the notifier.
section 179e
(1) the Prosecutor, which will report on the outcome of the clarification,
and the Court) shall submit the punishment, if it finds that the results of the clearing
justify the position of the suspect before the Court,
(b)) thing to postpone, unless in case of a suspicion of an offence, or
tort,
(c)) shall, if the matter is a criminal prosecution is inadmissible pursuant to section 11 (1).
1,
(d)) thing may postpone also, if prosecution is purposeless because
the circumstances referred to in section 172, paragraph. 2,
e) thing is broken, if there's any of the grounds referred to in section 173, paragraph. 1,
(f) submits the matter to the National Committee) or any other body to discuss
the infraction,
g) submits the matter to the other authority to kázeňskému or kárnému,
or
(h)) to return the matter to the authority on flight deck duty clarifying with the guidance, in which directions
you need to clarify.
(2) If, together with a report on the outcome of the clearing is the Prosecutor
also passed the apprehended person, this person shall surrender the Prosecutor, if it
releases on the freedom, within 48 hours of the Court together with a proposal on the
the punishment. The Court will decide on custody.
(3) the measures provided for in paragraph 1 (b). and (d))) to inform the Attorney
always the notifier.
§ 179f
(1) Proposal of the Prosecutor to punish contains
and the Prosecutor's day) the drafting of the proposal,
(b)) name, surname and personal data,
(c) a brief indication of the deed) and the relevant legal provisions, which
violations of the Prosecutor in deed a suspect sees,
(d)) whose execution list of evidence when the trial attorney
It proposes.
(2) to the application connects the Prosecutor always report on the outcome of the detection
along with all the annexes. "
23. section 186, paragraph. 1 (a). (b)):
"(b)) that the case should be referred to under section 171, paragraph. 1 or paragraph. 2
24. In section 188 shall be carried out the following changes:
-in paragraph 1:
(a). (b)):
"(b)) shall refer the matter to the authority competent to kázeňskému the proceedings, if there are
the circumstances referred to in section 171, paragraph. 2.0 "
(a). (c)):
"(c)) shall refer the matter to another authority, if the circumstances referred to in section 171
paragraph. 1.0 "
(a). (g)):
"(g)) the single judge shall refer the matter, if it is in accordance with § 314a paragraph. 1 the competent
review about her management; a judge is bound by this decision, "
current (a). g) becomes (b). (h)).
-paragraph 2 is added:
"(2) after the preliminary hearing, the Court may also stop criminal
the prosecution, if the circumstances referred to in section 172, paragraph. 2. "
25. Article 222 shall be carried out the following changes:
-paragraph 2 is added:
"(2) if the Court finds in the zažalovaném only misdemeanor offence or disciplinary
offence, shall refer the matter to the authority competent to decide on the
offence or disciplinary transgressions. "
-paragraph 3 shall be deleted and paragraph 4 shall be renumbered
as paragraph 3.
26. In section 266, paragraph. 1, the words "the President of the Supreme Court" shall be replaced by
the words "Minister of Justice".
27. under section 266, the following § 266a, which reads:
"§ 266a
If a complaint for violation of the Act is directed against a decision of
District or regional court, decisions of the Supreme Court of the Republic of it;
If it is directed against the decision of the Supreme Court of the Republic,
the military court or military Chamber of the Supreme Court of Czechoslovakia
Socialist Republic, decisions of the Supreme Court about her Czechoslovak
Socialist Republic. "
28. In section 272, the words "the President of the Supreme Court" shall be replaced by the words
"Minister of Justice".
29. Article 274, paragraph 2 shall be deleted and paragraph 1 is deleted.
30. section 275, paragraph. 4 is added:
"(4) the Attorney General or the Minister of Justice may exercise
the decision against which the complaint for violation of the Act, to defer the
or break up into a decision. After the filing of a complaint for a breach of the law
so can make even the Supreme Court. "
31. the nineteenth in his head for the third section following the fourth section, which
including the title:
"Section four
Proceedings before a single judge
section 314a
(1) the single judge court jurisdiction and offences
unauthorized use of the things of the Socialist ownership by
§ 133 paragraph. 1, an attack on the State authority and the authority of the social organisation
under section 154, paragraph. 2 attack on a public official under section 156, paragraph. 2,
impeding the exercise of the powers of a public official under section 156a, incitement
pursuant to section 164, the approval of an offence under section 165, the illicit manufacture
alcohol in accordance with section 194a, drunkenness, pursuant to section 201, disorderly conduct under section 202, paragraph.
1, endangering morality under article 205, paragraph. 1, the unauthorized use of the
Foreign motor vehicle under section 209a, paragraph. 1 and 2, bodily harm
According to § 221 paragraph. 1, unauthorized use of Foreign Affairs under section 249, paragraph.
1 offense among the soldiers under section 276, svémocného separation according to § 284
paragraph. 1 and 2, the violation of the duty of guard services under section 285, paragraph. 1 and
the violation of the duty of the supervisory services, pursuant to section 286 paragraph. 1 of the criminal
the law.
(2) the provisions of paragraph 1 shall, however, do not, in the case of proceedings for an
the crime against a juvenile, against a fugitive, against a person who is deprived
the eligibility of legal capacity or capacity to act
is limited, or if they are relative to the physical or mental defects
the accused, doubts about his ability to defend properly against
a person who has already been sentenced by the Court was as a particularly dangerous
repeat offender, or if the aggregate punishment to be saved and earlier
the penalty was saved in the proceedings before the Tribunal.
section 314b
(1) in matters in which held only clarifying, launches
the prosecution and the effects occur by the accusation that the proposal
the Prosecutor on the punishment was delivered to the Court.
(2) single judge has the same rights and obligations as the Senate and its President.
(3) the Judge and the prosecution proposal to provisionally not punished.
(4) if the proceedings just about offense, there is no need to keep the time limit to
preparation under section 198, paragraph. 1.
(5) When the main version reads the single judge to show always also a report on the
the outcome of the detection and its annex.
(6) after the proposal was delivered to punish the accused, cannot be
the Prosecutor to take back.
(7) non-public session of the single judge does not take place; before the decision, however,
observations of the Prosecutor's requests.
§ 314c
(1) a judge, after receiving the proposal, the Attorney for punishment
and) shall refer the matter to the competent court, if it is not given by the local jurisdiction
the Court,
(b)) shall refer the matter to the competent authority for consideration, with respect to transgression
or for a disciplinary offence or shall refer the matter to the authority competent for the
kázeňskému control, if the circumstances referred to in section 171, paragraph. 2,
(c)) the prosecution stops, if the circumstances referred to in section 172, paragraph.
1,
(d)) the prosecution interrupted, if the circumstances referred to in section 173, paragraph.
1 (a). and (d)),)
(e)) returns the thing, if the Prosecutor in the case should be eye-opening preparatory
management,
(f) if in the case was) took place the preparatory proceedings, may return
the Prosecutor also referred to in § 188, paragraph. 1 (a). (f)).
(2) the decision referred to in paragraph 1, the Prosecutor may submit a complaint to
has, unless it is to interrupt the prosecution, suspensory effect.
(3) if the judge fails to do any of the decisions referred to in paragraph
1, delivers a proposal to punish the accused, together with a summons to the main
version.
(4) If, together with a proposal for punishment has been committed to a single judge
a person detained under section 76 shall decide if it releases on freedom,
within 48 hours of their detention.
§ 314d
If the single judge does not do when the main version of any of the decisions referred to in
section 314c paragraph. 1 (a). and (e)),) to decide on the matter by a ruling. "
32. In section 316, paragraph. 1 the words "Supreme Court" shall be replaced by the words
"The Supreme Court of the Czechoslovak Socialist Republic" and in paragraph
2 the words "Supreme Court" by the words "Supreme Court of Czechoslovakia
Socialist Republic. " Paragraph 3 is deleted.
33. In section 317, the words "Supreme Court" shall be replaced by the words "the highest
the Court of the Czechoslovak Socialist Republic ".
34. the following section is inserted after section 350 350â, which including title:
"§ 350â
The performance penalty of banning residence
(1) imposing the prohibition of stay shall inform the Chairman of the National Committee of the Senate and
the public security authority, on whose circumference is the prohibition of residence applies,
as well as the National Committee and the public security authority, in whose district has
the person is permanently resident.
(2) If a person is working in the district, which is covered by the prohibition
stay, President of the Chamber shall inform the organization that also is accused in the
employment relationship.
(3) the authority may, for important reasons of public safety in the place of his
residence or stay permit inmates to visit places or circuit on
covered by the prohibition of stay.
(4) after the time for which the person performs active military service,
prohibition of residence does not. If the person did not commit in the exercise of
This service, no offense and held the duly military service, the Court of
sentence banning residence or the rest of the refrain.
(5) against the decision referred to in paragraph 4 shall be admissible, a complaint that has
suspensory effect. "
Article II
The scope of that under this Act is the responsibility of the Supreme courts of the republics
and the Supreme Court of the Czechoslovak Socialist Republic, carries out the
the date of the establishment of these courts, the present Supreme Court. While in determines
the Senate such composition, which is prescribed for the Court, whose function
performs.
Article. (III)
(1) If, in respect of which, pursuant to section 17, paragraph. 1 new text belongs to
held at first instance District Court, was filed before
effect of this Act, the prosecution in the District Court, completes the management about it
the District Court.
(2) the Case in which the Court held for the local folk events management
crime and which was decided in the day when this law shall take
efficiency, the local people's Court to the District Public Prosecutor in whose
the judge was active in the local people's Court. Things, in which it held control of the
wrongdoing, a local people's Court shall be forwarded to the National Committee, which is
jurisdiction to hear the trespass. In cases in which the local people's Court
decided to pay for the appeal and the proceedings on the revocation of the existing legislation;
However, the District Court is obliged to decide on the merits of the case.
(3) Proceedings for an offence under section 1 and to the offences referred to in section 2 of the
legal action No 99/1969 Coll., on the date of entry into force of
This law before the Court already initiated, completes the single judge.
Article IV
The Bureau of the Federal Assembly is hereby authorised, in the collection of laws
announced the full text of law on criminal proceeding by a court (code of criminal procedure),
as is clear from the amendments and additions referred to in this Act.
Article. In
cancelled
Čl.VI
This law shall enter into force on 1 January 2005. January 1, 1970.
Freedom v.r.
Dr. Mohan v.r.
Ing. Černík v.r.
