345/2007 Sb.
LAW
of 5 December. December 2007,
amending Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended, and some other laws
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. and Act No. 179/2007 Coll., is hereby amended as follows:
1. In section 36, paragraph. 4 letter e) is added:
"e) in proceedings for the recognition and enforcement of foreign decisions (article 452 paragraph. 2,
§ 455, paragraph. 2), and in proceedings for recognition and enforcement in another Member
State of the European Union on the financial sanctions and transactions, which has been saved
a financial penalty or a fine (section 460r (2)), or ".
2. In paragraph 151. 2, the reference to footnote 4 is replaced by the
the reference to the footnote 3a.
Footnote 3a is inserted:
"3a) section 11 (1). 1 and section 15 of Act No. 85/1996 Coll., on the legal profession, as amended by
amended. ".
3. Section 350b including footnote 4 is added:
"§ 350b
(1) as soon as he regains the legal power of the judgment, which was the penalty
the expulsion, President of the Chamber shall forward the prison regulation police of the Czech
Republic of prompts and at the same time the convicted person from the Czech Republic to immediately
a lamp like this.
(2) there is a concern that the person, who is at large, will be
to hide or otherwise frustrate the performance penalty of expulsion, the Chairman of the
the Senate provide a reasonable time limit for obtaining its affairs. This
period may not be longer than one month from the date on which the judgment became
legal power.
(3) the time limit referred to in paragraph 2 may, at the request of the President of the Senate
the prisoner repeatedly extended, but not more than 180 days from the date of
When the judgment became legally valid, if the person proves that he has made
all the acts necessary to obtain travel documents and other
the formalities needed to travel, but not of the Czech
Republic to leave.
(4) where the person sentenced to expulsion for the award of the international
protection under a special legal regulation ^ 4) and, if the request
clearly unfounded, President of the Chamber, at the request of the convicted person, or
without such a request, shall postpone the performance penalty of expulsion. On the postponement of execution
for this reason, the penalty of expulsion from the President of the Chamber shall inform the authority of the
responsible for the proceedings for the grant of international protection under the Special
the law ^ 4) and at the same time it asks to him immediately after the
their management said the manner in which it was decided on the request.
(5) If a prisoner sentenced to deportation granted supplementary protection
under special legislation ^ 4), President of the Chamber shall defer performance
the penalty of expulsion for the time of the grant. On the postponement of execution of sentence
for this reason, expulsion from the President of the Chamber shall inform the authority competent for the
the granting of the supplementary protection under a special legal regulation ^ 4) and
at the same time it asks him to notify the fact that the additional
the protection of the inmates be allowed to lapse or are withdrawn.
(6) against the decision referred to in paragraph 4, the complaint is admissible.
4) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
The police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations. ".
4. In section 350 g the present text becomes paragraph 1 and the following
paragraph (2), including footnotes, no 5:
"(2) If a citizen of the European Union, which is on the territory of the Czech Republic
permanent residency, or in the last 10 years, continuously staying on
the territory of the Czech Republic, or his family member ^ 5) regardless of the
nationality, which is on the territory of the Czech Republic enabled permanent
stay, expelled within two years of final imposition of sentence of expulsion,
the President of the Senate shall verify whether the fact occurred, for which punishment
the expulsion could not be saved.
5) section 15a of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and amending certain laws, as amended by Act No 217/2002 Sb.
Act No. 161/2006 Coll. and Act No. 428/2005 Sb. ".
5. In section 350h at the end of paragraph 1, the following sentence "if convicted in
expulsion custody or imprisonment, it shall inform the
the President of the Senate on final abandonment of the performance penalty of expulsion
the appropriate prison. ".
6. In section 387 at the end of paragraph 1, the following sentence "If for the purposes of the supply of
the accused may request the competent court needed other than the issuing foreign
the State of transit its territory allow the accused, the application for authorisation
transit shall be sent to the competent authority of such State Ministry
Justice. ".
7. In article 393 paragraph. 1 at the end of the text of the letter f), the words ",
If there is no guarantee the reciprocity ".
8. In part four of the twenty-fifth title for the eighth section added
the ninth section, including title and footnote No 6 to 8 is added:
"The ninth Section
The specific procedure for the recognition and enforcement of financial penalties and
other cash payments with the Member States of the European Union
§ 460o
(1) the provisions of this section shall apply to the procedure for recognition and enforcement
the final conviction decision for a crime or other offence
or the decision issued on its basis, if it was issued in accordance with the
the law of the European Union ^ 6)
and which was saved) a financial penalty,
(b)) which was awarded damages to the injured party against the prisoner,
(c)) which was decided on the obligation of the convicted person to pay the costs
the procedure leading to the decision of the odsuzujícímu for an offence or for a different
tort, or
(d)) which was imposed to pay a sum to the sentence
public fund or in favour of victim support organisations,
If it was issued by the Court of the Czech Republic in criminal proceedings (hereinafter referred to as
"the decision of ordering the punishment and transactions"), or a Court of another
the Member State of the European Union in criminal proceedings or administrative authority
such a State, provided that the administrative authority against the decision of the
crime or a tort is subject to appeal,
which shall be decided by the Court with jurisdiction in criminal matters (hereinafter referred to as
"the decision of the other Member State of the European Union on the financial sanctions
and transactions ").
(2) the provisions of this section, of course, on the recognition and enforcement of judgments,
which was awarded damages to the injured party in the civil
management, nor the decision pronouncing foreclosures
or its part, forfeiture or other assets, or
her.
(3) subject to this section, shall apply to the procedure for the recognition and
enforcement in another Member State of the European Union for the financial
sanctions and transactions and the procedure for forwarding a decision on ordering
punishment and transactions from the Czech Republic to another Member State of the European
the Union for the purposes of recognition and enforcement, mutatis mutandis, the provisions of section
the seventh.
Recognition and enforcement in another Member State of the European Union on the
financial penalties and payments
§ 460 p
(1) the decision of the other Member State of the European Union for the financial
penalties and payments can be on the territory of the Czech Republic to recognise and execute, if
has the person on the territory of the Czech Republic is habitually resident or property.
When verifying whether the jurisdiction of the courts of the Czech Republic based on the
from the facts stated in the certificate ^ 7) on the issue of the decision referred to in
section 460o paragraph. 1 and of its own investigation, where appropriate, of
the additional information provided by the requesting State concerning the recognition and enforcement of
such a decision.
(2) the proceedings for recognition and enforcement in another Member State
The European Union on the financial penalties and payments is the regional
the Court, in whose district the person has assets. If the property of the convicted person
located in the circuits of more courts, such courts of competent
the Court, which first received the decision about the recognition and performance
asks. If the convicted person does not have the assets on the territory of the Czech Republic, is to
the regional court in whose district the person has normal
residence.
(3) the regional court with jurisdiction in accordance with paragraph 2 and shall act on all the
related issues of enforcement.
(4) where a decision of a Member State of the European Union on the
financial penalties and payments sent to the Court or other authority, that
not to proceedings for the recognition and enforcement of such a decision, the competent, the
It is immediately to the competent District Court; about this assignment
jurisdiction authority shall inform the competent authority of another Member State
The European Union, which issued such a decision.
(5) If a regional court, which were sent or referral decision
another Member State of the European Union on the financial penalties and payments,
on the basis of the investigation referred to in paragraph 1 finds that the courts of the Czech
the Republic is not responsible for the recognition and enforcement of such a decision,
of this fact without delay, inform the competent authority of another Member
State of the European Union, which on the recognition and enforcement of such a decision
He asked, and sent his returns. At the same time he announces that from this
reason cannot be sent to the territory of the Czech Republic's decision to recognise and
to execute.
(6) if the Court finds that the convicted person against which is directed
the decision of the other Member State of the European Union on sanctions and
transactions for which recognition and enforcement is sought, died or was declared
the dead shall, mutatis mutandis, in accordance with paragraph 5. If you cannot control the recognition and
enforcement in another Member State of the European Union for the financial
penalties and payments start or cannot continue in it from other
similar reasons, that is not the reason for the refusal of recognition and enforcement
from the decision, the District Court shall inform about this fact
the competent authority of another Member State of the European Union that such
the judgment, and a request for comments, whether on the recognition and enforcement of
from the decisions it takes.
§ 460q
The exceptions from the principle of double criminality
The District Court shall recognise and execute the decision of the other Member State of the European
Union of financial penalties and payments in the event that negotiations for the
that was such a decision is not a criminal offence under the law of
The Czech Republic, if the
and) conduct referred to in section 412, paragraph. 2,
(b) violation of rules of the road), including violation of the rules on
driving time, breaks and rest time safety and regulations on
transport of dangerous goods,
(c) smuggling of goods)
d) infringement of intellectual property rights,
(e)) or the use of threats of violence against persons, including violence in the
sporting events,
(f)) damage foreign things,
g) theft,
h) marked in accordance with the legislation of the State which calls for the recognition of
and the performance of its decision, as a criminal offence or other offence to which
criminal sanctions obliges the Member States of the European Union Act
Of the European communities or the European Union.
§ 460r
The conditions for recognition and enforcement of
(1) the District Court shall decide, upon written representation of a Prosecutor in the
the public meeting of the judgment about whether the decision of the other Member
State of the European Union on the financial penalties and payments, which he was
sent by the competent authority of that State, shall recognise and execute, or whether
its recognition and performance declines. The judgment and sentence of the State shall deliver to the
the representatives.
(2) the person must have a defence counsel in the proceedings, if it
deciding whether to recognise and execute the decision of the other Member State
The European Union on the financial penalties and payments referred to in section 460o paragraph. 1
(a). and).
(3) the District Court shall decide to refuse recognition and enforcement of a decision of another
the Member State of the European Union on the financial penalties and payments
referred to in paragraph 1, if the
and) in the Czech Republic has already been taken in the same case for the
the same offence against the same person, or such a decision was issued, and
enforced in another State,
(b) the offence is not an offence) under the law of the Czech Republic, if it's not
the conduct referred to in § 460q; in the case of criminal offences relating to taxes,
taxes, customs or currency cannot be the recognition and enforcement of such a decision
refused only on the grounds that the legislation of the Czech Republic
do not impose the same kind of taxes, charges and customs duties or do not have the same
the provisions relating to taxes, fees, duties and currency legislation
State that the recognition and enforcement is sought,
(c) a claim for performance) or on the performance of the penalties imposed by the decision is referred to in
the legal order of the Czech Republic barred and such a decision was
for a criminal offence or other offence, which is under the rule of the sanctioning of
the order of the Czech Republic in the competence of the authorities of the Czech Republic,
(d)) the decision was made for the offence or any other offence committed on
the territory of the Czech Republic or outside the territory of the Czech Republic on board ship
or aircraft that are registered in the Czech Republic, or in
Antarctica,
(e)) the decision was made for the offence or any other offence committed
outside the territory of the Czech Republic and the State, that the recognition and enforcement of decisions
calls, and according to the legal order of the Czech Republic, the Czech authorities do not have the
Republic of jurisdiction the offence or any other offence sanction,
(f)) the decision was made for the offence or any other offence of which the
the offender is a person who enjoys privileges and immunities in accordance with the rule of law
The Czech Republic or international law,
(g)) the decision was made for the offence or any other offence of which the
the offender is a person who, in accordance with the legal order of the Czech Republic is not
responsible for the Commission of an offence or other tort for lack of
the age,
h) saved a financial penalty or the performance of which does not exceed the amount of € 70; the amount of the
referred to in another currency are translated from foreign currency to euro according to the exchange rate
the foreign exchange market announced by the Czech National Bank on the date when the
such a decision is issued,
I) recognition and enforcement of decisions contrary to the interests of the Czech Republic
protected in section 377, or
(j)) by the State which calls for the recognition and enforcement of a decision is not
reciprocity is guaranteed.
(4) if given a reason for the refusal of recognition and enforcement of a decision of another
the Member State of the European Union on the financial sanctions and transactions referred to
in paragraph 3 (b). (c)), or as well), the District Court's decision
refusal of recognition and enforcement of such a decision, shall request the opinion of the
the competent authority of the State that issued the decision, about the recognition and
performance is requested, in particular, for the purposes of the measures, all the necessary information
for its decision; If necessary, you may request that a regional court
the competent authority of the immediate sending of the necessary additional materials and
the Tween.
§ 460s
(1) the District Court shall decide to refuse recognition and enforcement of decisions
another Member State of the European Union on the financial penalties and payments,
It was sent to him under section 460r paragraph. 1 if this decision
the certificate is not attached ^ 7) on the issue of the decision referred to in section 460o
paragraph. 1, the certificate is incomplete or manifestly does not correspond to the content of the
the decision, to which it is connected, or if it appears from the certificate
annexed to the decision, that the
and convicted for) a criminal offence or other offence on the basis of
such a decision was issued, it was not advised of his right to appeal against the
such decision, appeal or the time limit in what can be a
the appeal of the lodge, or
(b) the proceedings leading to the release of) such a decision took place in the
the absence of the person who committed the offence or any other offence in
relation to which such a decision was issued, and this person either on the management
was not properly informed, or to abandon the appeal against
such a decision, did not take it back, or otherwise did not comment,
that the appeal fails.
(2) if the decision of the other Member State of the European Union on the
financial penalties and payments is not connected ^ 7) certificate of release
the decision referred to in section 460o paragraph. 1, the certificate is incomplete or
clearly does not match the content of the decision, to which it is connected, or is given by
the reason for the refusal of recognition and enforcement in another Member State
The European Union on the financial penalties and payments referred to in paragraph 1,
the District Court's decision refusing recognition and enforcement of such
the decision requests the opinion of the competent authority of the State which issued the
the decision on the recognition and enforcement is sought, in particular to the measures
all the necessary information for their decision; the District Court may
request that the competent authority of the immediate sending of certificates) ^ 7
the release of the decision referred to in section 460o paragraph. 1, the wording of the revised
or other necessary additional documents, and the Tween.
(3) if it is not sent to the certificate translated into the Czech language or other
the language in which the certificate can be referred to in the Declaration of the Czech Republic ^ 8)
accept, the District Court shall invite the competent authority of the State which issued the
the decision on the recognition and enforcement is sought, to him within the time limit it
posted by translation of the certificate provided for in the relevant language, and at the same time it
notifies the that if the translation of the certificate does no good reason in the
the prescribed time limit, the District Court shall decide to refuse recognition and enforcement of
the decision of the other Member State of the European Union on sanctions and
the transactions covered.
§ 460t
Recognition and enforcement of
(1) unless the case under section 460 p, paragraph. 5 and 6, or if they are not given
the reasons for the refusal of recognition and enforcement in another Member State
The European Union on the financial penalties and payments referred to in section paragraph 460r. 3
or § 460s, the District Court shall decide on the recognition of such a decision and
at the same time decides that is recognized by the decision.
(2) if the decision of the other Member State of the European Union on the
financial penalties and payments referred to in section 460o paragraph. 1 (a). and)
saved the financial penalty, the District Court decision recognised and stored
a sentence as a financial penalty only if it was
Court of another Member State of the European Union for the negotiations, which is
the offence and in accordance with the legal order of the Czech Republic. In the case that was
a financial penalty for the conduct referred to in § 460q which is not a criminal
of the offence and in accordance with the legal order of the Czech Republic, or was saved by another
authority before the Court, the County Court decision recognised and stored
the financial penalty is converted into a fine.
(3) if the decision of the other Member State of the European Union on the
financial penalties and payments referred to in section 460o paragraph. 1 (a). and)
fine, the District Court may convert it to a financial penalty.
(4) the regional court in recognition of the decision of the other Member State of the European
Union of financial penalties and payments keeps it stored cash
penalty or other pecuniary performance unchanged. However, if it was
the accepted decision for an offence or any other offence which
was not committed on the territory of the State to which the decision, and in accordance with the legal
the order of the Czech Republic to the authorities of the Czech Republic the power to such a
the offence or any other offence sanction, shall recognise the decision referred to in
section 460o paragraph. 1 (a). and) so that the District Court reduced acreage in them
financial penalty imposed on the highest possible assessment, in
that could be saved if they committed a crime
or another tort decisions according to the legal order of the Czech Republic,
If this is found to be lower than area acreage referred to in a recognized
decision.
(5) a pecuniary punishment, fine, compensation for damage, costs or
a sum of money to a public fund or for the benefit of the organisation
victim support imposed by decision of a Member State of the European Union
the financial penalties and payments from the County Court recalculates the foreign currency on
the Czech currency according to the exchange rate declared by the Czech national foreign exchange market
by the Bank on the day when it was referred to the decision issued.
(6) if the decision of the other Member State of the European Union on the
financial penalties and payments referred to in section 460o paragraph. 1 (a). (d))
ordered to pay a sum of money to a public fund or in
benefit of victim support organisations, regional court saves a prisoner,
to a recognized sum has lodged within the time limit laid down by him on account of the
the regional court.
(7) the substitute imprisonment for nevykonaný the financial penalty may
the Court only in the event that the State, which on the recognition and enforcement of
the decision requested the certificate sent by the ^ 7) on the issue of the decision
referred to in section 460o paragraph. 1 this option admits taking criminal
rate of replacement of imprisonment may not exceed the amount
that is in the certificate ^ 7) on the issue of the decision referred to in section 460o paragraph. 1
in this State, at the same time the highest criminal rate of replacement of punishment
deprivation of liberty referred to in the criminal code.
§ 460u
(1) If this section does not provide otherwise, the regional court in
and the performance of the capital sentence imposed) recognised by the decision of another
the Member State of the European Union on the financial sanctions and transactions referred to
in section 460o paragraph. 1 (a). and, mutatis mutandis, in accordance with the provisions of title) twentieth
the first governing the performance of the financial penalty,
(b) the enforcement of fines imposed by the recognised) by the decision of another Member State
The European Union on the financial penalties and payments referred to in section 460o paragraph.
1 (a). and according to the code of civil procedure),
(c) the State of enforcement costs) laid down by decision of another recognised
the Member State of the European Union on the financial sanctions and transactions referred to
in section 460o paragraph. 1 (a). (c)) reasonably according to the provisions of title the twentieth
the first governing the recovery of the costs of criminal proceedings provided for
flat-rate amount.
(2) in the case of a convicted person fails to comply with the obligation to pay a sum of
to a public fund or a victim support organisation
saved by the recognised by decision of a Member State of the European Union on the
financial penalties and payments referred to in section 460o paragraph. 1 (a). (d))
the time limit laid down by the regional court, the regional court in the exercise of
the decision according to the code of civil procedure.
(3) Recognized the claim for damages and to pay the costs awarded
the victim or any other person recognised by decision of a Member State other
The European Union on the financial penalties and payments referred to in section 460o paragraph.
1 (a). (b)), and (c)) submits a corrupted or other person in civil law
the proceedings.
(4) if the person proves that the financial penalty or the performance of the stored in the
the decision of the other Member State of the European Union on sanctions and
transactions partially or fully pay in any State, the District Court
in the case of payment of the entire decides an amount on the abandonment of the performance
such a decision, or in the case of payment of proportional part of the stored
the cash amount of the performance of such a decision in the remaining amount of the fine
the penalty, fine, or remaining obligations to compensate for damage, the reimbursement of costs
management or the obligation to pay a sum of money to a public fund
or in favour of the victim support organisation. Prior to the decision's
the District Court in this case shall request the opinion of the competent authority of the State,
that issued the decision, for which recognition and enforcement is sought; in the case of
the District Court may request that the competent authority for immediate
the sending of the necessary additional materials and additions. Against the decision of the
the regional court is admissible a complaint.
(5) the District Court shall take the acts leading to the abandonment of performance certified
the decision of the other Member State of the European Union on sanctions and
transactions, if the prisoner was in the Czech Republic granted pardon or
Amnesty or when the competent authority of the State to which the decision goes,
reported on in this State granted amnesty, pardon, or other
the decision, of the measures or fact, which is recognized by the
the decision became nevykonatelným. If amnesties, pardons, other
decision or measure or due to other facts were
a pecuniary punishment, fine, the obligation to compensate for damage or costs
or the obligation to pay a sum of money to a public fund or in
benefit of victim support organisations are relaxed or waived only
in part, the Court shall decide on the enforcement of decisions on their
the rest of the. Against the decision of the regional court is admissible a complaint.
§ 460v
Information obligation
(1) the District Court without undue delay inform the competent authority of another
the Member State of the European Union, which issued a decision on the recognition and
performance is asked about
and the refusal of recognition and enforcement of) such a decision for the reasons given in section
460r and 460s, including the reason for rejection,
(b) the reduction in acreage) financial penalty imposed under section 460t
paragraph. 4,
c) stopping or abandonment of performance recognized by legal decision
the laws of the Czech Republic concerning the execution of the decision, including
because of such a procedure,
(d)) the total or partial waiving of performance recognized the decision under section
460u paragraph. 4 or 5,
(e)) performance decision recognised,
(f)) of regulation performance of substitute imprisonment provided for under section
460t paragraph. 7.
(2) if it considers it necessary, it may notify the competent authority of the District Court
another Member State of the European Union, which issued the decision about which
the recognition and enforcement is sought, the other significant facts not mentioned
in paragraph 1, which have or may have an impact on the proceedings for the recognition and
performance from the decision.
How to pass a decision on ordering the punishment and payments to another
the Member State of the European Union for its recognition and enforcement
§ sytrin
(1) if it is necessary to ensure the proper enforcement of the
ordering and payments, the Court may, that such a decision is issued,
forward this decision to the competent authority of another Member State
The European Union for its recognition and enforcement, if the convicted person in the
the other Member State of the European Union or the usual place of residence.
If it is a decision which was awarded damages to the injured party
against the sentence or who have been the victim or any other person granted
reimbursement of the costs of the proceedings, shall transmit to the Court the decision of the other Member
State of the European Union on the basis of the request of the injured party or the other person
about his surrender.
(2) if it is relevant to the enforcement of a decision on ordering the punishment and
respect of several Member States, such a decision the Court shall transmit to the
the State in which the convicted person may be due to the assets in that State, and
also because of the conditions of recognition and enforcement of such a decision
laid down by the law of another Member State of the European Union, probably
assume that the decision ordering the punishment and transactions will be successfully
enforced.
(3) In another Member State of the European Union, which is required for the recognition and
enforcement of sentence and ordering the payments, should be sent
the decision on the recognition and enforcement is sought, together with the certificate ^ 7)
the release of the decision referred to in section 460o paragraph. 1 translated into the official
language or one of the official languages of the other Member State of the European
the Union, which is seeking the recognition and enforcement of such a decision, or to
the language in which it is the State willing to decision on ordering the punishment and
payments accepted.
(4) at the request of the competent authority of another Member State of the European Union,
that is required for the recognition and enforcement of a decision on ordering the punishment and
transactions, the Court shall provide additional information and the addition of the necessary for the
the purpose of the recognition and the enforcement of this decision.
(5) the Court shall immediately inform the competent authority of another Member State
The European Union, which is seeking recognition and enforcement of a decision on ordering
punishment and transactions, if the prisoner was in the Czech Republic granted pardon
or an amnesty, or other decisions, measures or facts, in the
as a result of which is recognised by the decisions to nevykonatelným or
enforceable only partially, including the fact that the convicted person has already paid
the entire sum, whose pay he was saved by a decision of the
ordering the punishment and the consideration or part thereof.
§ 460x
(1) where a decision on ordering the punishment and payments transmitted from the Czech
Republic to another Member State of the European Union, pursuant to section sytrin for
the purpose of recognition and enforcement, not such a decision in the Czech
the Republic, with the exception of the case when the Court that such
the decision passed to another Member State of the European Union, informed
the competent authority of that State to the effect that
and the decision was not) sent in that other Member State of the European Union
recognised and enforced; the law on the execution of the decision of ordering the punishment and
transactions on the Czech Republic does not, however, in the event that such
the decision was not the competent authority of another Member State of the European
the Union accepted on the grounds that in that other Member State has already been issued
the decision against the same person in the same things for the same offence, or has been
such a decision is issued and enforced in another Member State, or
(b)) decision was not sent in the other Member State of the European Union
done, or was done only partially because of the amnesty, granted by the
grace or other decisions, measures or facts, in the
as a result, the recognised the decision or its part in that other
the Member State nevykonatelnými.
(2) the law on the enforcement of the sentence and ordering the payments transferred from
the grounds referred to in paragraph 1 to the Czech Republic in the extent to which
This decision has not been enforced in another Member State of the European Union,
that has been asked for its recognition and enforcement.
section 460y
Common provisions
(1) in proceedings for the recognition and enforcement in another Member State
The European Union on the financial sanctions and transactions and in the transmission of a decision
about ordering and payments to another Member State of the European Union
for the purpose of recognition and enforcement, the Ministry may ask the Court
justice assistance in the identification of the necessary information, in particular
the findings of the competent authority of another Member State, which has to be
sent the decision on ordering the punishment and payments, or the verification
the conditions laid down by the law of that other Member State for
recognition and enforcement of a decision on ordering the punishment and transactions.
(2) the funds obtained from the performance of the decision referred to in section 460o
paragraph. 1, which belong to the State, the State of that decision
referred to in section 460o paragraph. 1 done, if not between the relevant States
unless otherwise agreed. The funds obtained from the performance of certified decision
another Member State of the European Union on the financial penalties and payments
referred to in section 460o paragraph. 1 (a). (b)) belong to the victim. Unless it is a
pay the costs of the State belong to the cash resources obtained
the exercise certified the decision of another Member State of the European Union on the
financial penalties and payments referred to in section 460o paragraph. 1 (a). (c))
the person, who was granted a refund these costs.
(3) an agreement referred to in paragraph 2, shall be authorised to conclude the Ministry of
Justice. The competent court in accordance with § 460 p and sytrin may submit
The Ministry of Justice proposal for the conclusion of such an agreement.
(4) the costs of enforcement borne by the State, which the decision referred to in
section 460o paragraph. 1 recognized and executed.
6) Council framework decision 2005/214/JHA of 24 February. February 2005 on
the application of the principle of mutual recognition of financial penalties and fines.
7) annex of Council framework decision 2005/214/JHA of 24 February. February 2005
on the application of the principle of mutual recognition of financial penalties and fines.
Article 16, paragraph 8). 1 of the Council framework decision 2005/214/JHA of 24 February.
February 2005 on the application of the principle of mutual recognition of financial penalties and
the fines. ".
PART THE SECOND
Amendment of the Act on criminal records
Article. (II)
In section 4 of Act No. 269/1994 Coll., on criminal records, as amended by Act No.
253/2006 Coll., paragraph 1 including the footnote No 2:
"(1) The criminal record is also recorded data on
conviction by a Court of a non-resident, if the recognition of a decision like that
the Court ruled the court competent in accordance with special legislation ^ 2) and
recognised by the foreign court decision was issued for the offense punishable even
According to the law of the Czech Republic.
2) § 452, 458 and 460 p of the criminal řádu2. ".
PART THE THIRD
Amendment of the Act on the judiciary in matters of youth
Article. (III)
Act No. 218/2003 Coll., on liability for unlawful acts and the youth of the
the judicial system in matters of youth and on the amendment of certain laws (the law on the
the judicial system in matters of youth), as amended by law no 383/2005 Coll. and act
No 253/2006 Coll., is hereby amended as follows:
1. In section 26, paragraph. 3 the first sentence including a footnote No 14:
"The expulsion in an area of from one to five years, the Court may impose for youth
only under the conditions laid down in the Criminal Code ^ 14); for a young person
is a citizen of the European Union, must also be satisfied that the
failure of this type of criminal measures, there would be a serious threat to the
national security or public order, or that the removal order is in
the best interests of such juvenile.
14) section 57 of the criminal code. ".
2. In section 26, paragraph. 3 the second sentence, the words "take into account" shall be replaced by
the words "the Court shall take into account in the caching of expulsion for youth to
best interests of the young person, in particular ".
3. under section 75 shall be added to § 75a, including title:
"§ 75a
The performance of the judicial expulsion measures
Not if the minor is a citizen of the European Union, expelled in two
years from the final save of the criminal measures of expulsion, the President of the
the Senate Youth Court verifies whether the fact occurred, for which
the penalty of expulsion cannot be saved. ".
PART THE FOURTH
The EFFECTIVENESS of the
Article. (IV)
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.
