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The Amended Criminal Procedure

Original Language Title: změna trestního řádu

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457/2008 Coll.


LAW
Dated 10 December 2008

Amending Act no. 141/1961 Coll., On criminal court proceedings
(Criminal Procedure Code), as amended, and Act no. 219/2000 Coll., On property
Czech Republic its representation in legal relations, as amended


Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment of Criminal Procedure

Art. I

Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
Act no. 57/1965 Coll., 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., Law no. 178 / 1990 Coll., Act no. 303/1990
Coll., Act no. 558/1991 Coll., Act no. 25/1993 Coll., Act no. 115/1993 Coll
., Law no. 292 / 1993 Coll., Act no. 154/1994 Coll., the Constitutional court announced
under no. 214/1994 Coll., the Constitutional court ruling promulgated under
no. 8/1995 Coll., 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. 191/1999 Coll., Act no. 29/2000 Coll., Act no.
30/2000 Coll., Act no. 227/2000 Coll., the Constitutional court announced
under no. 77/2001 Coll ., Act no. 144/2001 Coll., Act no. 265/2001 Coll.
Constitutional court ruling promulgated under no. 424/2001 Coll., Act no. 200/2002 Coll
., Act No. . 226/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 279/2003 Coll., Act no. 237/2004 Coll., Act no. | || 257/2004 Coll., Act no. 283/2004 Coll., Act no. 539/2004 Coll., Act no. 587/2004 Coll
., the Constitutional court ruling promulgated under no. 45/2005 Coll. ,
Constitutional court ruling promulgated under no. 239/2005 Coll., Act no. 394/2005 Coll
., Act no. 413/2005 Coll., Act no. 79/2006 Coll., Act.
112/2006 Coll., Act no. 113/2006 Coll., Act no. 115/2006 Coll., Act no. 165/2006 Coll
., Act no. 253/2006 Coll., Act No. . 321/2006 Coll., Act no. 170/2007 Coll
., Act no. 179/2007 Coll., Act no. 345/2007 Coll., finding
Constitutional court promulgated under no. 90/2008 Coll., Act no. 121/2008 Coll.
Act no. 129/2008 Coll., Act no. 135/2008 Coll., Act no. 177/2008 Coll.
Law no. 274 / 2008 Coll., Act no. 301/2008 Coll. and Act no. 384/2008
Coll., is amended as follows:

First In § 36 para. 4 letters c) and e) are added:

"C) in proceedings for extradition to a foreign state or a transfer to another
EU Member State,

E) the procedure for recognition and enforcement of a foreign judgment in proceedings
recognition and enforcement of judgments in another Member State of the European Union on
monetary penalties and benefits, which has imposed a fine or
penalty, in proceedings concerning the recognition and enforcement of judgments in another Member State of the European Union
on forfeiture or confiscation of property, or ".

Second In § 62 paragraph. 1, "a postal license holder" shall be replaced
"the postal service".

Third In § 79d paragraph. 2, first sentence, the word "court" is replaced
"the presiding judge in preliminary proceedings the prosecutor."

Fourth In § 79d paragraph. 2, second sentence, the words "and if it is not obvious from
resolution, announces his name, surname, birth number or date of birth and
permanent residence or other property owner, and if the collateral || | not seize all the property of the owner of the property, marks the property, which will ensure
concerns "are deleted.

Fifth In § 79e paragraph. 2, third sentence, the words "presiding judge" shall
'and the preparatory proceedings the prosecutor. "

6th In § 375 paragraph. 3, second sentence, the words "§ 393 paragraph. 1 point. b) to j) and
paragraph. 2 "is replaced by" § 393 ".

7th In § 378 paragraph. 2 "will not be used for purposes other than those for
that were sent or requested," are deleted.

8th In § 380, paragraph 1 reads:

"(1) A person or retransmission of a foreign state at the request
under this Title or the person to whom the court Czech Republic issued an arrest warrant
(§ 384), the European arrest warrant (§ 405) injunction
arrest (§ 69) or delivery order to the imprisonment (§ 321 par. 3) and
which is the expulsion of a foreign state or otherwise transmitted
under the law of a foreign state takes over from authorities foreign State Police
Czech Republic. This person passes the Police of the Czech Republic next
remand prison or prison or any other court, if it is not decided
her custody (§ 69 para. 4, § 387 par. 1). The location of the person in

Informed by prison prison, which she took without delay the relevant
court and the prosecutor who exercises supervision in the prison. ".

9th In § 387 paragraph. 1, first sentence, the words "take the police authorities and give
" is replaced by "take over the Police of the Czech Republic and supplies."

10th In § 389 paragraph. 2 first sentence, the word "bound"
words "or permitted by the requested State."

11th In § 393 paragraph. 1 point. b) the words "that was in the Czech Republic
granted the status of asylum seeker" is replaced by "who was in the Czech Republic
granted international protection".

12th In § 393 paragraph. 1 point. g) after the word "Republic"
words "or in the Czech Republic against the requested person in a criminal trial for the same offense
".

13th In § 393 paragraph. 1 at the end of letter i) the word "or" is deleted.

14th In § 393 paragraph. 1 at the end of letter j) is replaced by a comma and
subparagraphs a) to p) are added:

'K) is a reasonable concern that the criminal proceedings in the requesting State
not correspond to the principles of Articles 3 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms
or imprisonment imposed or expected in the requesting
State would not be executed in accordance with
requirements of Article 3 of the Convention,

L) is a reasonable concern that the person sought by the requesting State
been exposed to persecution because of their origin, race, religion,
membership of a particular ethnic or other group, citizenship or their
political opinions, or that would worsen its position in
criminal proceedings or during imprisonment,

M) surrender to the requesting State, the person was given his age and
personal circumstances, taking into account the seriousness of the offense with which the accused
probably disproportionately affected,

N) the offense for which extradition requests, not a crime
extraditable (§ 392)

O) prosecution for the same act conducted against the requested person in
one of the foreign states terminated by a final judgment of a court or been
decision of a court or other competent authority lawfully stopped or ended
another decision to the same effect,
if such a decision was not in the prescribed procedure is canceled and if the penalty if
requested person was saved, has already been executed, or

P) criminal prosecution for the same act conducted against the requested person in the Czech Republic
terminated by a final court judgment or decision has been
court or a prosecutor finally stopped or ended another
decision to the same effect, if such a decision
was not prescribed procedure is canceled. ".

15th In § 393, paragraph 2 shall be deleted and whilst repealing the designation in paragraph 1


16th § 394 including the title reads:

"§ 394
Preliminary investigation


(1) State Regional Prosecuting Attorney's Office, which
Ministry of Justice and the Supreme Public Prosecutor's Office sent
foreign countries' requests for extradition or who learned of the offense for which
foreign state could ask for release, make a preliminary inquiry.
The preliminary investigation initiated the detention of persons under § 395 or
requesting the necessary reports. The purpose of the preliminary investigation is mainly
determine whether extradition to a foreign country does not prevent the facts mentioned in
§ 393.

(2) The procedure under paragraph 1 shall not apply if they are not known enough about


A) the person whose extradition is sought or may be requested

B) the existence of a criminal conviction, an arrest warrant or other
decision to the same effect, issued in a foreign country for the person whose extradition is requested
or may be requested

C) the offense for which extradition is sought or which may be on the issue
sought, including an indication of the time and place of its commission and its legal
qualifications, including the maximum penalty, which under this act may be
in a foreign country is saved, or the amount of punishment, which for this act was in a foreign country
saved.

(3) The public prosecutor shall hear such a person and introduces her to the ground
release unless already done so during detention under § 395 paragraph. 1st
If this person says circumstance refuting suspicion and offers a || | have evidence that can be performed without significant delay, apply
a preliminary investigation to them.


(4) The public prosecutor terminated the preliminary investigation, if

A) a foreign state, which could apply for release, despite repeated calls
delivered an extradition request

B) the person whose extradition is requested, died

C) a person whose extradition is sought, not by the law of the Czech Republic
due to his age, be held criminally responsible,

D) the person whose extradition is requested can not be detained for immunity or privilege
arising by law or international law,

E) the person whose extradition is requested is staying outside the territory of the Czech Republic
or place of residence is not known

F) has not given consent under § 389 paragraph. 1 point. c) and d)

G) in the requesting state was limitation for criminal prosecution or executing
imprisonment or

H) requiring the State withdrew a request for extradition or otherwise
informed that on extradition is not interested.

(5) The preliminary investigation is completed also filing a petition under § 397 paragraph.
1 or petition under § 398 paragraph. 1st

(6) The completion of the preliminary investigation pursuant to paragraph 4, prosecutors
promptly inform the Ministry of Justice and counsel. ".

17th In § 395 paragraph. 1 sentence first and second added: "If there are grounds
temporary custody under § 396 paragraph. 1 and, if known, the information specified in § 394, paragraph
. 2, a prosecutor or with his consent
police authority to detain the person whose extradition is sought. The police are authorized to arrest such persons
carried out without the prior consent of the state
representative if emergencies and consent of the prosecutor
can not be obtained beforehand. ".

18th In § 395 paragraph. 1, third sentence, the words "(§ 396 par. 1)" are deleted.

19th In § 395 paragraph. 2, first sentence and second sentences are replaced by "
state prosecutor or the police, who carried out the arrest, a detainee interrogation
hear and draw up a report, which marks the place, time and specific circumstances
retention and give the personal data of the detainees, as well as
substantial reasons for detention. Detainee learn during detention
about the possibility of his consent to his extradition to a foreign country and the conditions and consequences
expressing such consent, including that related to speaking
consented to be extradited is connected renunciation of the specialty rule. ".

20th § 396-398, including the title added:

"§ 396
Temporary custody


(1) If the established facts justifying the fears of people fleeing, a
whose extradition is sought, the presiding judge of the regional court in whose district
person has a residence or detention to the public prosecutor
conducting a preliminary investigation and after the filing of a decision by
§ 397 paragraph. 1 even without such a proposal, decide to remand in custody
preliminary. The decision on remand in temporary custody
is admissible complaint. On deciding about the detainee is appropriately used
provisions of § 77 par. 2nd

(2) Decisions on release from provisional arrest and its replacement
guarantee, supervision, pledge or a financial guarantee to adequately enjoy
§ 72 para. 1, first sentence, § 72 par. 2 point. a) § 72 par. 3 and 4
, § 73, 73a, § 73b. 3, § 74, that where these provisions
talks about pre-trial proceedings, it is understood that the preliminary investigation.

(3) The person whose extradition is sought must be immediately released from custody prior
when the preliminary investigation was initiated without a request from a foreign state
on the issue and this request was not delivered to the Czech Republic within 40 days || | day of remanding into temporary custody. Dismissal of temporary custody
in this case does not preclude a new remand in temporary custody if
extradition request is delivered subsequently.

§ 397

Decision on the admissibility of the extradition

(1) Upon completion of the preliminary investigation will decide on a proposal from the public prosecutor in public session
regional court in whose jurisdiction the person whose extradition is
, residence or detention, whether extradition is permissible.
Article 188 §. 1 point. e) to return the case to the prosecutor for further investigation
does not apply. Against this ruling a complaint
which has suspensive effect. If a person has been extradited to the Czech Republic from
foreign state, the court may decide that the extradition is permissible only
if the issuing State with extradition to another state agrees.
Where that person to the Czech Republic passed on the basis of a European

Arrest warrant, the court may decide that the extradition is permissible
only if the transmitting state with extradition to another state
agrees.

(2) Where a court that extradition is not permissible for a person whose extradition
goes, is in temporary custody, the same time of her release from
temporary custody. Against this ruling a complaint which has suspensive effect
; complaint with the public prosecutor has suspensive effect only
if it was not filed immediately after the announcement of the decision.

(3) After the decision referred to in paragraph 1 or 2
Chairman of the Chamber of the Regional Court shall refer the matter to the Ministry of Justice. If
Minister of Justice doubts about the correctness of the court decision may
submit the case to the Supreme Court for review within three months
date when the case was submitted to the Ministry of Justice.

(4) The Supreme Court, after reviewing the matter proceed appropriately according
paragraphs 1 to 3

§ 398


Simplified Edition
(1) If the person whose extradition is sought before the President of the Chamber for
presence of a lawyer declares that he agrees with his extradition to a foreign country
, the provisions of § 393 point. c) to f) n) to p), § 397 and 399
apply and prosecutors after the preliminary investigation
submit a proposal to the district court mentioned in § 397 paragraph. 1 to remand the person into extradition
bonds or conversion of temporary custody for extradition custody or
submit a proposal to postpone the release. Where a prosecutor that is given
any of the grounds of inadmissibility extradition under § 393 point. a), b) or g) until
m), proceed as if the person consents to his surrender did not say.

(2) If the person whose extradition is sought, consent to his surrender to
during a public meeting held on the admissibility of extradition, the State
representative withdraws its proposal in accordance with § 397 paragraph. 1 back and follow the
paragraph 1. the proposal may withdraw at least until the court
retires for final deliberation.

(3) The person whose extradition is sought must consent before speaking to his surrender
instructed the presiding judge in the presence of an advocate on the importance
such consent, in particular, that the release will be done without
decision on admissibility and permit issuance, and also about the consequences
which are connected with it, including the renunciation of the specialty rule.
Consent to the release can not be undone.

(4) The public prosecutor immediately through the Ministry of Justice
inform the foreign state, which could ask for or requesting
edition of the consent of the person to be extradited, it published. ".

21st § 399 and 400, including the title added:

"§ 399

Permit issuance

(1) Issue to the foreign state authorized by the Minister of Justice.
Can do so only if the court under § 397 ruled that extradition is permissible
.

(2) Although the court will rule that extradition is permissible, the Minister of Justice
decide to not allow extradition. Issue not allow always, if
decided on merits execution of a European Arrest Warrant
under § 420 par. 3rd

(3) If the court under § 397 that extradition is not permissible to notify the Ministry of Justice
foreign state requesting the extradition, the release
not allowed.

(4) The Minister of Justice terminate the extradition procedure, occurs when, after
matter being referred to under § 397, paragraph. 3, the reason for the termination
preliminary investigation under § 394 paragraph. 4 point. b), d), e), g) or h).

(5) The release of the person whose extradition Minister of Justice did not allow
pursuant to paragraph 2, first sentence, or in respect of which ended
extradition proceedings pursuant to paragraph 4 of the temporary custody orders presiding judge of the regional court of
, which in He is deciding on the matter.

§ 400

Delaying release

(1) If necessary the presence of the person whose extradition is sought, the Czech Republic
in connection with another crime than that is the subject
request for her extradition to a foreign country for the purpose of criminal proceedings
conducted in the Czech Republic or serving a sentence imposed by a final court of
Czech Republic, the presiding judge of the regional court
referred to in § 397 paragraph. 1 decide to postpone the release of such person to the requesting State
. The decision to postpone the release of the presiding judge may make
after the Minister of Justice authorized the extradition or after
consent of the person whose extradition is sought, the simplified extradition

(§ 398 par. 1) until the surrender of a person the authorities of the requesting state (§ 400b
par. 3). When deciding to postpone the release of the presiding judge
take particular account of the seriousness of the crime for which a person should be released,
seriousness of the offense in respect of which it is proposed to postpone the release
possibility surrender or extradition, the requesting State
back to the Czech Republic, as well as the possibility of temporary surrender of a person to the requesting State
.

(2) The issue of postponing the presiding judge may decide on a proposal

A) of the Ministry of Justice

B) the prosecutor referred to in § 394 paragraph. 1

C) the court and pre-trial prosecutor responsible for keeping
criminal proceedings in the Czech Republic

D) the court which finally ordered the person whose extradition is sought,
sentence of imprisonment or

E) the person whose extradition is sought.

If the proposal to postpone the release did not state prosecutor or the court
President of the Chamber before deciding to postpone the extradition request
their opinions.

(3) If a person in pre-extradition custody or the President of the Chamber
simultaneously with the decision to postpone the release of its
decide on the release of such links.

(4) If the reason postpone the release, the presiding judge of the regional court, which
to postpone the extradition decision, a decision to remand a person in extradition custody
according to § 400b.

(5) The presiding judge of the regional court, which decided to postpone the release,
terminate the extradition procedure, nastane- a reason for the termination of the preliminary investigation
under § 394 paragraph. 4 point. b), d), e), g) or h). Similarly
presiding judge shall proceed if the Minister of Justice with respect to the change of circumstances
reversed its decision authorizing the extradition and release
not allow. ".

22nd Under § 400, the following new § 400a and 400b, which, including the headings
added:

"§ 400a
Temporary transfer


(1) The presiding judge of the regional court referred to in § 397 may decide
authorize the temporary transfer of a person to be extradited to the requesting State
to carry out the necessary procedural actions in criminal proceedings.
The decision to set a reasonable deadline, which may not be longer than six months
, which must be temporarily transferred person returned to the Czech Republic
.

(2) the period referred to in paragraph 1, after an agreement with the competent authority of the requesting State
extended only for the same purpose for which they were
temporary transfer of persons permitted. Temporary transfer of persons can also be done
repeatedly.

(3) Design temporary transfer provides the court referred to in paragraph 1

(4) If during the temporary transfer of a person whose extradition is sought, on the territory of the requesting State
convicted of a criminal offense for which
permit has been issued, the presiding judge of the regional court, which || | authorized the temporary transfer, on a proposal requesting State
decide to delay her return to the Czech Republic to time until it has completed
imprisonment in the territory of the requesting State.
This procedure is excluded if the prosecution of the person whose extradition is sought, in
Czech Republic was not finally completed.

(5) The period during which the temporary transfer of persons in custody in a foreign state
is included in the period of imprisonment exercised in the Czech Republic only to the extent
, which was not included in the sentence imposed on | || territory of the requesting State. The time spent in detention imposed on
territory of the requesting State of the period of punishment practiced in the Czech Republic
counted.

§ 400b

Dispensing bond issuance and execution

(1) Following the decision of the Minister of Justice authorizing the issuance and when
simplified extradition on the basis of the state attorney under § 398
paragraph. 1 or without such a proposal by the presiding judge of the regional court of
specified in § 397 paragraph. 1 to remand the person in extradition custody,
decided when to postpone the release. Grounds for custody pursuant to § 67
not yet bound. If you can not present the person whose extradition is sought when deciding on extradition custody
provide otherwise, shall apply mutatis mutandis § 69. Located
If the person whose extradition is in temporary custody, President || | decide on conversion of the bonds binding extradition. About his decision
court shall promptly notify the Ministry of Justice.

(2) The extradition custody to adequately enjoy the provisions of § 72 para. 1 sentence

First § 72 par. 2 point. a) and § 72 par. 3 and 4

(3) Upon notification by the court pursuant to paragraph 1
Ministry of Justice agreed with the competent authorities of the requesting State, extradition deadline.
Extradition to the competent authorities of the requesting State and the related
release of the person to be extradited from extradition custody arrange chairman
Chamber of the Regional Court, which ruled on extradition custody.

(4) Extradition custody may last no longer than three months. The person whose extradition
goes, must be from extradition custody released from custody immediately after the expiry of this period
. If extradition could not be made due to
unforeseen circumstances, the presiding judge, who decided on
extradition custody, before the deadline on the application
Ministry of Justice on the extension of up to three months.
The total length of the extradition detention may not exceed six months. This does not preclude taking
person in extradition custody for a new application of a foreign state on its
extradition for the same offense.

(5) In any case where the person whose extradition is sought after permit his extradition
declaration on international protection under other legislation ^ 4)
time during which a person such as an applicant
on granting international protection is not included in the period referred to in paragraph 4.

(6) The presiding judge who ruled on the extradition custody, a person from extradition custody
promptly release and end the extradition proceedings, whichever is
reason for the termination of the preliminary investigation referred to in § 394 paragraph. 4 point. b), d)
g) or h). Similarly, President of the Chamber, so far
Minister of Justice with regard to changed circumstances changed his mind about
permit issue and did not allow extradition. President of the Chamber terminated proceedings
edition also in the event that there is a reason for the termination of the preliminary investigation
specified in § 394 paragraph. 4 point. E).".

23rd In § 402, paragraph 3 shall be added:

"(3) Consent pursuant to paragraph 1 is not necessary if there has simplified edition
, or if the person before the court in the Czech Republic or before
foreign court at the time after his release renounced the principle
specialties . '.

24th § 409 including the title reads:

"409
Preliminary investigation


(1) The preliminary investigation is to determine whether the conditions exist for
surrender on the basis of a European Arrest Warrant.

(2) The public prosecutor requested person shall be heard, if not already in the context of
detention under § 410, and acquainted her with the contents
European Arrest Warrant, with the option of consenting to surrender and conditions and consequences
expressing such consent, including that related to speaking
consent to the transfer is accompanied by a waiver of the specialty rule.

(3) The public prosecutor terminated the preliminary investigation, if

A) the Member State could ask for surrender, despite repeated calls
delivered a European arrest warrant

B) death occurred requested person

C) the requested person is not in accordance with Czech law
due to his age, be held criminally responsible for the acts for which the European arrest warrant
,

D) the requested person can not be detained for immunity or privilege arising from
law or international law,

E) the requested person is staying outside the territory of the Czech Republic or place of residence
not known

F) a European arrest warrant was served after the decision on
surrender the requested person or a decision on its release,

G) has not been authorized by the Member State pursuant to § 421 paragraph. 1

H) not been authorized by a State which is not a Member State (hereinafter referred to as "third
State"), pursuant to § 421 paragraph. 3,

I) in the requesting state was limitation for criminal prosecution or executing
imprisonment or detention, or

J) requiring the state appealed a European Arrest Warrant or otherwise
informed that the transmission of the requested person is not interested.

(4) The preliminary investigation is completed also filing a petition under § 411.

(5) The public prosecutor shall promptly notify the completion of the preliminary investigation
under paragraph 3, the competent authority of the requesting state
Police Presidium of the Czech Republic, advocates and Ministry of Justice. ".

25th In § 413 paragraph 1 and 2 added:

"(1) The requested person may, before the presiding judge of the competent court for
presence of a lawyer to the Protocol, declare that they agree with his

Surrender to the requesting state.

(2) The requested person must consent before speaking to his transfer
instructed the presiding judge in the presence of an advocate of the importance of such
consent and the consequences that are associated with it, including the renunciation of the specialty
. Consent to surrender can not be undone. ".

26th In § 414 paragraph 3 reads:

"(3) Design temporary transfer provides the court referred to in paragraph 1".

27th In § 418 the following paragraph 4 is added:

"(4) Consent pursuant to paragraph 1 is not required if the person before the court of
time before his surrender or after his transfer renounced the principle
specials or if it was transferred under an accelerated handover procedure.".

28th Under § 428, the following new § 428a, including the heading reads:

"§ 428a

The use of evidence obtained letters rogatory abroad

Criminal justice apply
without the express permission of the competent authority of a foreign country evidence obtained letters rogatory abroad
for purposes other than those for which it was given when it is bound to do under
renowned international treaty that Czech Republic is bound, or if
been granted subject to compliance with these restrictions. ".

29th Under § 429, the following new § 429a, which reads:

"§ 429a

Competent authority may issue a decision on the acts listed in Title
fourth section third to sixth in the event that the operation to be performed
outside the Czech Republic and its implementation can not be achieved without this
decision. " .

30th In § 430 after paragraph 1, the following paragraph 2 is added:

"(2) The use of the evidence provided by the foreign state on the basis of the request for
purpose other than that for which it was provided, it is necessary to express
consent of the prosecutor or the court, which handled the request of a foreign state
, unless declared international treaty by which the Czech Republic is bound
otherwise. This fact must be the organ of a foreign state
notified when providing such evidence. ".

Paragraphs 2 to 5 shall be renumbered 3 to 6

31st § 434 including the title reads:

"§ 434

Permission to use information

(1) Information obtained in the framework of police cooperation from another Member State
European Union or a State participating in the Schengen cooperation
can be used as evidence in criminal proceedings only
basis of the consent of the competent authority this state. To request such permission is entitled
prosecutor and the court after the indictment;
while progressing consistently with the provisions of this section concerning the request to
abroad. Requesting consent is not necessary if the competent authority of a foreign state
agreement provided at the time of transfer of information, or if
national law of the foreign country does not require such consent.

(2) The use of the information provided in the framework of police cooperation
another EU Member State or a country participating in the Schengen cooperation
as evidence in criminal proceedings requires the consent of the state prosecutor or court
. The consent is locally relevant state
office, or if it was in the requesting State brought charges, court
in whose jurisdiction the seat of the police authority that the request for police cooperation
handled; to determine the jurisdiction of a reasonably
provisions of § 16 and 17. The consent shall apply mutatis mutandis
provisions of this section concerning requests from abroad.

(3) Consent pursuant to paragraph 2 shall not be granted unless

A) use such information as evidence would have been criminal proceedings in the Czech Republic
excluded or

B) threaten to use such information as evidence was thwarted
the criminal proceedings in the Czech Republic or would be seriously jeopardized
other important interests. ".

32nd Under § 437, the following new § 437a, including the heading reads:

"§ 437a
Cross-border interception


(1) To the extent permitted by the declared international treaty by which the Czech Republic is bound
to be carried out in a foreign country
interception of telecommunications on the territory of the Czech Republic without its technical
help them to make decisions about consent to interception
or its continuation and related operations
competent Regional court in Prague; if it is in a foreign country performing interception criminal proceedings

Stage before the indictment, acting on a proposal prosecutor
Regional Prosecutor's Office in Prague. Consent to execute
interception or its continuation can be granted only if the
conditions specified in § 88.

(2) To the extent permitted by the declared international treaty by which the Czech Republic is bound
to be carried from the Czech Republic
interception of telecommunications on the territory of another country without its
technical assistance, public prosecutor and after indictment informs the court of a foreign state
predicted or interception. ".

33rd In § 438 paragraph 3 reads:

"(3) The temporary transfer of the person authorizing and its implementation ensures

A) in the case of pretrial detention, jurisdiction under § 26
to the public prosecutor,

B) in the case of binding in proceedings after indictment, the court

C) in the case of imprisonment, the district court in whose district the
imprisonment carries. The competent court to permit the temporary transfer of the person
set a deadline within which that person must be returned to the Czech Republic
. This period may be in agreement with the competent authority of a foreign state
extended only for the same purpose for which the temporary transfer of persons
allowed. Temporary transfer of persons can be done repeatedly. ".

34th In § 438, paragraph 4 is repealed.

Paragraph 5 shall be renumbered 4.

35th In § 441a, the following paragraph 4 is added:

"(4) If not deliver within the period prescribed foreign country an application for securing a transfer
matter under § 441 or a warrant for her detention under § 460e
or 460i, the police authority will return pre-arranged thing a person with
which guarantee if it does not provide for other criminal proceedings. About
returning such things or how the collateral for other criminal proceedings
inform the police authority without undue delay the relevant
prosecutor or the court. ".

36th § 448 including the title reads:

"§ 448

Transfer of criminal proceedings abroad

(1) Criminal proceedings for a crime committed on the territory of the Czech Republic, the
which he is suspected person who is a citizen of a foreign state, or
for a crime committed by this person on the territory of a foreign state, can pass
to a foreign state, the suspect is a citizen or on whose territory
should be a criminal offense was committed.

(2) Transfer of criminal proceedings in a foreign country is possible only on the basis
request of the Prosecutor, and after an indictment upon request
court. Request for taking over the criminal proceedings submit to prosecutors
Supreme Prosecutor's Office, after an indictment court
Ministry of Justice.

(3) The Supreme Public Prosecutor's request, the prosecutor and
Department of Justice request the court to take over the criminal proceedings
examine in particular with regard to the terms and conditions under
this law or international agreements and requirements arising from | || existing mutual contact and send it to a foreign state if it returns
together with the reasons on which it was impossible to send foreign
state. In connection with the examination of requests to take charge of criminal proceedings may
Supreme Public Prosecutor to ask the prosecutor and the court of
Ministry of Justice of necessary corrections and additions.

(4) If a promulgated international agreement by which the Czech Republic is bound
, direct contact between judicial authorities in the transfer of criminal proceedings
may request to take charge of the criminal proceedings authority of a foreign country send
directly prosecutor or after an indictment court.

(5) if elected authority of the requested State to assume criminal proceedings
not in the Czech Republic to continue criminal proceedings for a criminal
offense for which criminal proceedings were transferred or prescribe punishment
imposed for an offense for which criminal proceedings were transferred.

(6) The Czech authorities, however, may continue criminal proceedings or
impose punishment if requested State

A) announces that the matter will be held management

B) subsequently revoke its decision to take criminal proceedings

C) announce that the proceedings will not continue or terminate proceedings or

D) despite repeated requests and despite warnings that the Czech authorities
may continue criminal proceedings or impose punishment, notifies

Its decision whether criminal proceedings are taking. ".

37th In § 451, paragraph 4 is repealed.

38th In § 452, paragraph 2 deleted.

Former paragraphs 3 and 4 become paragraphs 2 and 3

39th In § 455 paragraph. 2, the second sentence deleted.

40th Under § 455, the following new § 455a, including the heading reads:

"§ 455a

Sharing of forfeited or confiscated property

(1) To the extent permitted such procedure promulgated international treaty that is binding
Czech Republic, the Czech Republic with a foreign state
conclude an agreement on the sharing of assets, which failed or were seized on the basis of recognized
a foreign decision on property. The conclusion of the agreement is for
Czech Republic jurisdiction of the Ministry of Finance.
Proposal for the conclusion of such an agreement, the Ministry of Finance submitted and the court that by a non
decision on property recognized.

(2) Similarly, pursuant to paragraph 1 shall apply when sharing assets
failed or been absorbed in a foreign country at the request of the Czech Republic.

(3) Shared assets of a foreign state receives and transmits to a foreign state
government departments, which according to another law
for the management of state property. ".

41st In Part Four, twenty-fifth, the following section tenth that
including the title and footnotes. 8a-8c reads:

"Section tenth

Recognition and enforcement of decisions imposing forfeiture or confiscation of property
Affairs or other assets with the other Member States of the European Union


§ 460z

(1) of this section may be sent to another Member State of the European Union
(hereinafter referred to as "another Member State") to the recognition and enforcement of a final decision
court

A) who were sentenced to forfeiture of property (§ 51 of the Criminal Code)

B) who were sentenced to forfeiture or other asset
(§ 55 of the Criminal Code) or forfeiture of substitute values ​​for
proceeds from crime (§ 56a of the Criminal Code), or

C), which said it detainer or other asset value (
§ 73 of the Criminal Code) or prevent the replacement value for the proceeds of criminal activity
(§ 73a of the Criminal Code).

(2) of this section shall proceed with the recognition and enforcement of a final court decision
another Member State issued in criminal proceedings

A) imposing a forfeiture or confiscation of belongings or other property
value, which was obtained by a criminal offense or as a reward for him or
was, even partially, could be acquired for a thing or another asset, | || which was obtained by a criminal offense or as a reward for it, or is
replacement value for a thing or another asset that
court may declare forfeited or confiscated or

B) imposing a forfeiture or confiscation of belongings or other property
value that was intended or used to commit a crime-8a).

(3) Under this section will also proceed with the recognition and enforcement
court decision issued in another Member State in criminal proceedings
imposing a forfeiture
offender convicted for conduct constituent elements of the crime of terror (§ 93 of the criminal Code
) or terrorism (§ 95 of the criminal Code)
or for acts committed by a criminal organization consisting of

A) forgery of currency or means of payment

B) legalization of proceeds from criminal activities and shareholdings,

C) trafficking,

D) aiding in unauthorized border crossing, illegal
transport across the country and in unauthorized residence,

E) sexual exploitation of children and child pornography,

F) Illicit Traffic in Narcotic Drugs and Psychotropic Substances,

If these negotiations offender acquired or tried to acquire financial
favor and these negotiations may be under the law of the Member State
seeking recognition and enforcement of judgments, punishable by imprisonment with a maximum penalty
at least five years; u
negotiations referred to in point b) sufficient maximum penalties of at least four years-8a).

(4) of this section shall also proceed in the recognition and execution of court decision
another Member State imposing
forfeiture or confiscation of assets not included in paragraphs 2 and 3, if
would be possible to pronounce forfeiture of such property in criminal proceedings and
according to Czech law.


(5) Unless otherwise provided in this section, shall apply to the procedure for transfer
court decision referred to in paragraph 1 (hereinafter "the decision on forfeiture or confiscation
") to the recognition and enforcement in another
Member State and on the procedure for recognition and enforcement of court decisions of another Member State
referred to in paragraphs 2-4 (hereinafter "the decision of another Member State
on forfeiture or confiscation") Relevant provisions of section seven.

Belonging to the recognition and enforcement

§ 460za

(1) The procedure for the recognition and enforcement of judgments of another Member State
forfeiture or confiscation of jurisdiction of Czech courts,
if the person whose property is subject to confiscation or seizure in the territory of Czech
Republic of desired property, or has the Czech Republic
habitual residence, or, in the case of a legal person, seat. When
verifying whether the jurisdiction of the courts of the Czech Republic, is based on
facts stated in the certificate-8b) for a decision
another Member State on the forfeiture or confiscation and conducted its own investigation
, where appropriate, the additional information provided by the State
applying for recognition and enforcement of such decision.

(2) The procedure for the recognition and enforcement of judgments of another Member State
forfeiture or confiscation of the relevant regional court in whose district the property is situated
to which this decision relates.
If the property is located in the districts of several courts, these courts is a matter for
regional court, which first received or has been forwarded
decision of which recognition and enforcement is sought. If it is not clear where
Czech Republic is the property convict or other persons
which is subject to forfeiture or confiscation is a matter for the regional
court in whose district the place where it is assets by finding
certificate ^ 8b) of the decision, and if there is no such place in the certificate
sufficiently clearly stated, is a matter for the regional court in whose jurisdiction the
person habitually resides.

(3) If the Czech Republic simultaneously sent to two or more
decisions of other Member States on forfeiture or confiscation regarding
same person or identical property, the management of all such decisions relevant
court seised of recognition and enforcement
one of those decisions in other Member States as the first.

(4) The competent court in accordance with paragraphs 2 and 3 of decision or measure as well as all related matters
enforcement proceedings.

§ 460zb

(1) If a decision of another Member State on the forfeiture or confiscation
sent to court or other authority that is not the procedure for recognition and
exercise jurisdiction shall immediately forward it to the competent court at the same time on || | assignment inform the judicial authority of another Member State which sent
decision.

(2) If the court to which it was sent or forwarded
decision of another Member State on the forfeiture or confiscation, finds that the courts of the Czech Republic
not relevant to the proceedings for recognition and enforcement of such
decision immediately this fact inform
judicial authority of another Member State which had sent such a decision and the decision
him back. At the same time it announces that for this reason can not be sent
decisions in the Czech Republic recognized and enforced.

(3) If you can not control the recognition and enforcement of judgments in another Member State
on forfeiture or confiscation initiate or it can not continue because
who is not a reason for refusing recognition and enforcement sent the decision || | court of this fact inform the competent judicial authority of another Member State
and ask him for advice, whether on the recognition and enforcement of decisions
sent lasts.

§ 460zc

Exceptions to the principle of double criminality

For the purposes of proceedings concerning the recognition and enforcement of judgments in another Member State on the forfeiture or confiscation
court does not ascertain whether it is a criminal offense under the law
Czech Republic, if such a decision was taken to conduct specified in
§ 412 par. 2, which are subject in the State that such a decision
issued, punishable by imprisonment with a maximum penalty rate
least three years.

§ 460zd

Conditions for recognition and enforcement

(1) The court shall decide without delay in a public session judgment

Whether the decision of another Member State on the forfeiture or confiscation
recognized and enforced, or whether its recognition and enforcement refuses. Unless the case referred to in §
460zb, or if there is any reason for rejecting or postponing
recognition and enforcement of such a decision, the court decides on the recognition and
also decide that the decision to execute recognized. About his decision
court without undue delay inform the competent judicial authority of another Member State
; in case of refusal of recognition and enforcement shall
reasons for refusal. If the court decides on the recognition and enforcement of judgments
another Member State on the forfeiture or confiscation, along with sending his
decision to request the competent judicial authority of another Member State to
it without delay inform the authority is competent to
sharing of forfeited or confiscated assets.

(2) Judgment on the recognition and enforcement of judgments in another Member State on the forfeiture or confiscation
court delivers convicted or other person whose
property on the basis of the recognized judgment is subject to forfeiture or confiscation, and
prosecutor. Referring can not invade the grounds on which the decision was
another Member State on the forfeiture or confiscation issued. About
filing an appeal and the outcome of the appeal court of
inform the competent judicial authority of another Member State.

(3) The court shall decide to refuse recognition and enforcement of judgments
another Member State on the forfeiture or confiscation if

A) the act leading to such a decision is not a crime
according to Czech law, unless the conduct referred to in §
460zc; in the case of offenses relating to taxes, duties or
currency is not the recognition and enforcement of such decision to refuse the sole
reason that Czech legislation does not impose the same kind of taxes, duties and charges
or does not equal provisions relating to taxes,
duties and currency as the law of the state which recognition and enforcement is sought
,

B) prosecution is inadmissible on the grounds specified in § 11 para. 1
point. f), g), h) and paragraph. 4

C) assets whose confiscation or seizure is required, not subject
under other laws forfeiture or confiscation

D) the decision was issued for an offense whose perpetrator is a person who
enjoy privileges and immunities under the law or international law,

E) the performance of such a decision, defending the rights of third persons concerned
assets acquired in good faith

F) the certification that the procedure leading to such a decision
took place in the absence of a person whose property is subject to forfeiture or
prevent, as well as in the absence of his attorney, and this person either
not personally or through his attorney on management
informed or did not surrender appeal against such
decision did not take him back, or otherwise commented that
fails to file an appeal,

G) forfeiture or confiscation of assets is required under
different decision than the decision of another Member State on the forfeiture or prevent
specified in § 460z paragraph. 2-4,

H) assets whose confiscation or seizure is required
already failed or were confiscated, has disappeared, been destroyed or can not be found in the location indicated in the certificate
^ 8b) to issue such a decision or a place
not certified as sufficiently precise

I) the sentence or detention order for the forfeiture or confiscation of property
which were imposed by a decision of another Member State
forfeiture or confiscation of assets have been fully enforced in another State
or person against whom decision applies the required amount in another state
voluntarily pays,

J) the person whose assets should be forfeited or seized, was in a state
seeking recognition and enforcement of judgments, pardon, amnesty or
in that other State has issued another decision or action or
occurrence of the event due to which the decision of which recognition and
performance demands become unenforceable, or

A) recognition and enforcement of such a decision would be contrary to the interests of the Czech Republic
protected in § 377.

(4) The court may decide to refuse recognition and enforcement of judgments
another Member State on the forfeiture and seizure, if it is a decision

A) issued for an offense committed on the territory of the Czech Republic or outside

Czech Republic aboard a ship or aircraft that are registered in
Czech Republic

B) issued for an offense committed outside the territory of the Czech Republic, a country which
recognition and enforcement is sought, and according to Czech law
such a deed can not be prosecuted,

C) specified in § 460z paragraph. 3, to the extent that you can not pronounce
forfeiture of such assets in similar criminal proceedings in the Czech Republic
or

D) specified in § 460z paragraph. 4th

(5) If given a reason for refusing recognition and enforcement of judgments
another Member State on the forfeiture or confiscation referred to in paragraph 3.
B), e), f), g), h) or i) or paragraph 4a. a) or b)
court before deciding to refuse recognition and enforcement of such decision
always seek the opinion of the competent judicial authority of another Member State
particularly in order to obtain all the necessary information for their decision
; if necessary, it may ask for immediate delivery
additional documents and additions. Before deciding to refuse
recognition and enforcement of judgments in another Member State on the forfeiture or
prevent another reason the court may seek the opinion of the competent
judicial authority of another Member State or other documents, if it is deemed
needed for the decision.

(6) In the event that the court decision before accepting another Member State
on forfeiture or confiscation informed that the punishment or
protective measures concerning the forfeiture or confiscation of property stored
decision on whose recognition and enforcement is sought has already been partially executed
in another State, or by other factors, resulting in an
decision of which recognition and enforcement is sought, became part
unenforceable, the court decides on recognition and enforcement of judgments
another Member State on the forfeiture or confiscation in respect of the remaining amount
sentence or detention order. Before making a decision the court will require
opinion of the competent judicial authority of another Member State; in
If necessary, the court may ask for the immediate delivery of additional materials required
and additions.

§ 460ze


Certificate
The court also decided to refuse recognition and enforcement of judgments
another Member State on the forfeiture or confiscation if this decision is not accompanied by a certificate
^ 8b) to issue such a decision, this
certificate is incomplete, apparently does not match the content of the decision, to which it is connected
or not translated into the Czech language or another language in which
certificate may be declared by the Czech Republic ^ 8c) accept.
Before deciding to refuse recognition and enforcement of court decisions sent
always invite the competent judicial authority of another Member State to provide it with
deadline stipulated by the certificate sent ^ 8b), its corrected version or translation of the certificate into
appropriate language. At the same time it warns that if
certificate has not sent within the prescribed period without giving substantial reasons
for which he could not do so, deciding to refuse recognition and enforcement of decisions
another Member State on the forfeiture or confiscation.

§ 460zf
Currency conversion


If the subject of forfeiture or confiscation of the cash amount, the court of
judgment on the recognition and enforcement of judgments of another Member State
forfeiture or confiscation of the amount shall be converted from foreign currencies to the Czech currency at the rate
exchange market the Czech national Bank on the day, when it was recognized
decision was issued.

§ 460zg

Concurrence decisions of other Member States

(1) Does the court in parallel proceedings concerning the recognition and enforcement of two or more
decisions of other Member States for a forfeiture or confiscation
same thing or another asset or requiring forfeiture or
prevent the same sum of money a person whose property is not sufficient to
performance of all decisions of other Member States, the court decides that
decisions of other Member States on forfeiture or confiscation
recognize and execute, and which refuses. About his decision to inform the competent judicial authorities
other Member States.

(2) Before making a decision under paragraph 1, the court shall consider all relevant circumstances
which are known to him, especially the rights of victims and the severity
place of the offenses and the date of issuance and delivery of the decision
other Member States on forfeiture or confiscation. When deciding further

Particular take into account the fact that the property in question was secured in a
criminal proceedings for the purposes sought recognition and enforcement of decisions
.

§ 460zh

Postponement of recognition and enforcement

(1) The court may defer the recognition and enforcement of judgments in another Member State
on forfeiture or confiscation if

A) the information suggests that due to the parallel exercise
decision of another Member State on the forfeiture or confiscation of more
States would total monetary amount obtained from the execution decision
recognized in several states could exceed the amount specified in such a decision

B) the recognition and enforcement could disrupt the criminal proceedings in the Czech Republic
or

C) in the Czech Republic is already conducted other proceedings, which may
expected to lead to forfeiture, confiscation, seizure or other
permanent deprivation of property whose confiscation or seizure is another member
State required.

(2) As soon as the reason for postponement of recognition, the court continues proceedings
recognition decision by another Member State on the forfeiture or confiscation.

(3) The court shall immediately inform the competent judicial authority of another Member State
to defer the recognition and enforcement of judgments in accordance with paragraph 1, as well as
reasons and the expected duration of the postponement, as well as
that reasons for postponement of execution lifted, and that a decision be recognized and enforced
.

§ 460zi

The imprisonment and protective measures

(1) When the sentence or detention order imposed in the judgment of
recognition and enforcement of judgments in another Member State on the forfeiture or
prevent a similar procedure under Chapter twenty-first.
If this is not clear from the judgment, the Chairman of the Chamber
organizational component of the state, which according to another law for the management
state property, that it involves assets forfeited or confiscated at
request of another Member State and indicate when the judgment became final.
This branch also informs about which authority
another Member State has an organizational component of the relevant portion of the shared property under §
460zj send.

(2) The court shall promptly inform the competent judicial authority
another Member State all facts that prevent
imprisonment or detention order imposed in the judgment on recognition and enforcement of decisions
another Member State on the forfeiture or seizure.

(3) The court shall also immediately inform the competent judicial authority of another Member State
on forfeiture or confiscation of assets and the required
while it warns that unless within three months from the final decision on recognition
and enforcement of judgments in another Member State
informed of the reason precluding forfeiture or seizure of such property
or part of such property will be treated as property
Czech Republic in accordance with its laws and in case would
were paid damages for the prisoner or any other person
forfeiture or seizure of assets required, the Czech Republic
demand reimbursement of the amount paid by way of damages such
person.

(4) Informs If the competent judicial authority of another Member State
three month period referred to in paragraph 3 of the reasons precluding
forfeiture or confiscation of assets or part thereof, in particular, that penalty or
measures were stored decision of another Member State
forfeiture or confiscation of assets have been fully or partially executed in
another State or person against whom the decision applies the required amount
voluntarily paid, the court shall immediately inform | || organizational component of the State referred to in paragraph 1. Following a court judgment
canceled its previous decision on the recognition and enforcement of judgments
another Member State on the forfeiture or confiscation. In the event that featured
reason applies only to the portion of the forfeited or confiscated property, the courts after
cancel its previous decision to decide on the recognition and enforcement of decisions
another Member State on the forfeiture or confiscation of the remaining range
. Annulling judgment and, possibly, a new judgment for recognition and enforcement of judgments
another Member State on the forfeiture or confiscation of the remaining range
court delivers convicted or other person whose property
recognized based on the judgment failed or been engrossed in the state

Representatives, to the government referred to in paragraph 1
competent judicial authority of another Member State.

(5) It shall, if the competent judicial authority of another Member State court of
before the end of the three month period referred to in paragraph 3 that
there is no reason to prevent the confiscation or seizure of such property or part thereof
, the court shall immediately notify
organizational component of the state referred to in paragraph 1

§ 460zj

Sharing of forfeited and confiscated property with another Member State

(1) failed when or if they have been seized pursuant to a decision
recognized in another Member State on the forfeiture or confiscation of funds in
amount to EUR 10 000, this amount remains the Czech Republic.

(2) failed when or if they have been seized pursuant to a decision
recognized in another Member State on the forfeiture or confiscation of funds in
amount higher than EUR 10 000, half of this amount remains the Czech Republic
and half from another Member State which issued
decision which has been recognized and enforced.

(3) Subject or other asset not mentioned in paragraphs 1 and 2, which
failed or been taken over on the basis of the recognized
decision of another Member State on the forfeiture or confiscation are sold, unless part
national treasures Czech Republic or another
state. Regarding the amount obtained from the sale to proceed by analogy
paragraphs 1 and 2

(4) If a thing or another asset, not because of its nature
or other reasons to sell, remains the Czech Republic. With things
which is cultural property in another Member State shall be disposed of by
another law.

(5) Costs for recognition and enforcement of judgments in another Member State
on forfeiture or confiscation paid by the Czech Republic.

(6) The provisions of paragraphs 1 to 5 shall be applied, if nedohodne-
Czech Republic with another Member State on the sharing of assets or settlement costs
otherwise. The conclusion of the agreement is for the Czech Republic
jurisdiction of the Ministry of Finance. Proposal for the conclusion of such an agreement may
Ministry of Finance submitted also court that recognizing and enforcing decisions
another Member State on the forfeiture or confiscation.

(7) sunken or occupied by the property which is the subject of sharing
costs, in particular it is sent to the competent authority of another Member State
government departments, which according to another law for the management of the property
State.

§ 460zk

Sending decision on forfeiture or confiscation in another Member State

(1) If it is necessary to ensure the proper enforcement of
forfeiture or confiscation, the court issuing such a decision issued
send this decision to the competent judicial authority of another Member State for the purpose
his recognition and enforcement if it is reasonable to assume that
person whose property is subject to forfeiture or confiscation, has in this country
desired property. If it is not known in which country is concerned
person such property, the decision to forfeiture or confiscation
sent to another Member State in which that person has his habitual residence or registered office
.

(2) The court may refer a decision on forfeiture or confiscation to send more
Member States, where such a decision

A) requires the forfeiture or confiscation of goods or assets on which
can be reasonably assumed that they are in several Member States,

B) impose forfeiture or confiscation of belongings or other property values ​​on which
proceedings are in several states,

C) impose forfeiture or confiscation of belongings or property values ​​on which
can be reasonably assumed that it is located in one of the more
Member States or

D) impose forfeiture or confiscation of cash and cash
funds for the amount not used for these purposes in another Member State
secured.

(3) The decision on forfeiture or confiscation court sends
competent judicial authority of another Member State, together with certificate-8b)
translated into the official language or one of the official languages ​​
another Member State which is requested the recognition and enforcement of such decision, or
into the language in which this state certificate according to its statement-8c)
receives. The court also indicate what the government department which, according to

Another law for the management of state assets should be handed
part of a shared asset, if judgment in another Member State
recognized and enforced. If the court sends the decision on forfeiture or
in order to prevent its recognition and enforcement in several Member States,
inform about this fact all states concerned.

(4) Send a decision on forfeiture or confiscation in another Member State
does not preclude enforcement of such a decision in the Czech Republic.

§ 460zl
Disclosure


(1) At the request of the competent judicial authority of another Member State
provide the court with additional information and additions needed for the recognition and enforcement of judgments
on forfeiture or confiscation.

(2) Posted a court decision on forfeiture or confiscation
into one or more Member States and based on the information reasonably
considers that such a decision has already been or will soon be completely
or partially enforced in the Czech Republic or in another Member State
immediately about this fact inform the competent judicial authorities
other Member States, including the expected performance range
decision on forfeiture or confiscation. These states
court immediately informs about the fact that the projected performance
decision on forfeiture or confiscation in the Czech Republic or that Member State
or not it occurred in a different scope.

(3) The court shall immediately inform the competent judicial authority of another Member State
, which sent the decision on forfeiture or confiscation in order
recognition and enforcement that have been convicted in the Czech Republic granted a pardon or
amnesty, or any other decision, action or fact
as a consequence of such a decision became enforceable
unenforceable or only partially.

§ 460zm

Sharing of property forfeited or confiscated in another Member State

(1) The assets, which failed or were absorbed in another Member State on the basis
decision on forfeiture or confiscation, Czech Republic shares with that State
manner prescribed by the law of that other Member State
if otherwise agree.

(2) The conclusion of an agreement with another Member State on the sharing of assets
failed or been absorbed in that State on the basis of the decisions
forfeiture or confiscation is appropriate for the Czech Republic Ministry of Finance
. Proposal for the conclusion of such an agreement, the Ministry of Finance
bring and the court that issued the decision on forfeiture or confiscation.

(3) When the competent judicial authority of another Member State shall notify
court that its decision recognizing and enforcing court this fact
forthwith communicate to the government, which according to other legal regulations for the management
State property. This branch will take over the assets
shared with another Member State.
Common provisions


§ 460zn

(1) The Ministry of Justice will pay, at the request of a Member State which
recognizing and enforcing the decision on forfeiture or confiscation, it required
amount paid in damages to the conditions that

A) pity that a Member State has paid according to their national laws
such person was caused as a result of the decision by
forfeiture or confiscation,

B) Member State's request for reimbursement of damages paid by him or
documents attached thereto contain the amount of paid damages in
payment is required, its rationale and details of the authority responsible for
receipt of payment, including bank for the purpose of crediting
required amount or to request a different method of payment,

C) on the request of a Member State is connected
final decision of the competent authority of that State for damages.

(2) In case the request of a Member State does not have the necessary information, the Ministry of Justice
invite the competent authority of a Member State to
amend it and determine a reasonable deadline. In doing so, it always
warn that fails if the competent authority of the Member State
did within the prescribed period without giving substantial reasons for which he could not do
Ministry of Justice rejects the request.

(3) The Ministry of Justice will not refund the Member State must pay
damage that was not partly due to maladministration
Czech authorities.

§ 460zo


(1) The Ministry of Justice can ask the other Member State
whose decision on forfeiture or confiscation was in the Czech Republic
acknowledged paying the amount paid in damages in the event that
|| |
A) damage was caused as a result of the decision
another Member State on the forfeiture or confiscation,

B) The Ministry of Justice paid out to the person against whom the judgment was directed
recognized by another Member State on the forfeiture or confiscation
damages under other legislation.

(2) Claims for reimbursement of damages paid pursuant to paragraph 1
applied via a request to the competent authority of another Member State
in accordance with the laws and requirements of this state. Unless
requirements of another Member State in respect of requirements for application known
shall indicate in the application or attached to it documents the amount paid
compensation and its justification, the particulars of the authority responsible for the adoption
payment, including bank for the purpose of crediting the amounts required
or request a different method of payment, and other details
needed to be paid.

(3) After another Member State can claim reimbursement of the compensation paid
damage if it was caused exclusively by improper procedure
authorities of the Czech Republic.

§ 460zp

The Ministry of Justice will provide, upon request, the court
cooperate in identifying the necessary information, especially when you find out their
judicial authority of another Member State, which should be sent
decision on forfeiture or confiscation, or when the validation conditions | || provided by the law of another Member State for the recognition and enforcement of such decision
.

8a) Articles 2 and 3 of Council Framework Decision 2005/212 / JHA of 24
February 2005 on confiscation and asset recovery and tools
crime.

8b) The Annex to Council Framework Decision 2006/783 / JHA of 6 October 2006
applying the principle of mutual recognition to confiscation orders.

8c) Article 19, paragraph. 2 Council Framework Decision 2006/783 / JHA of 6
October 2006 on the application of the principle of mutual recognition to confiscation
. ".

Art. II
Transitional provisions


First Management of extradition initiated before the effective date of this Act shall be completed
by Act no. 141/1961 Coll., On Criminal Procedure
(Criminal Procedure Code), as amended effective on the effective date of this
law; to postpone the extradition, temporary surrender and extradition preliminary
binding even in these proceedings, the provisions of Act no. 141/1961 Coll.
on Criminal Procedure (Criminal Procedure Code), as amended, effective from the date of
the entry into force of this Act.

Second Located If the person whose extradition is sought, the effective date of this Act
in extradition custody and Justice Minister
yet ruled on the extradition of a person to a foreign state in accordance with § 399
Law no. 141 / 1961 Coll., on criminal procedure (criminal procedure Code),
effective on the effective date of this Act, extradition custody
to the effective date of this Act transforms binding preliminary.

Third Located If the person whose extradition is sought, the effective date of this Act
in extradition custody and Minister of Justice has already ruled on
permit extradition of a person to a foreign state in accordance with § 399 of Law no. 141
/ 1961 Coll., on criminal procedure (criminal procedure Code), as amended, effective
until the effective date of this Act, the deadline for the duration of the extradition detention
under § 400b par. 4 Act no. 141/1961 Coll. on criminal court proceedings
(criminal procedure Code), as amended, effective from the date of entry into force of this Act
commences on the effective date of this Act.

Fourth If there was prior to the effective date of this Act
decided to postpone the extradition to a foreign country, such decision shall lose its legal
effect on the effective date of this Act.

Fifth The surrender proceedings in another Member State of the European Union under the European Arrest Warrant
commenced prior to the effective date
this Act shall be completed pursuant to Act no. 141/1961 Coll., On criminal
Procedure (Criminal Procedure ), as amended effective on the effective date of this Act
.
PART TWO


Changing the law on property of the Czech Republic and its representation in legal relations


Art. III


Act no. 219/2000 Coll., On the property of the Czech Republic and its representation in
legal relations, as amended by Act no. 492/2000 Coll., Act no. 229/2001
Coll., Act no. 320/2001 Coll., Act no. 501/2001 Coll., Act no. 202/2002
Coll., Act no. 280/2002 Coll., the Constitutional court ruling promulgated under no.
476 / 2002 Coll., Act no. 88/2003 Coll., Act no. 354/2003 Coll., Act no. 480/2003 Coll
., Act no. 41/2004 Coll., Act no. 218/2004 ., Act no. 217/2005 Coll
., Act no. 359/2005 Coll., Act no. 22/2006 Coll., Act no. 140/2006 Coll
., Act no. 342/2006 Coll., Act no. 296/2007 Coll., Act no. 139/2008 Coll
. and Act no. 274/2008 Coll., is amended as follows:

First In § 15, at the end of paragraph 2 sentence "With property, which the state
acquired as a result of a court decision on the recognition and enforcement of judgments
another Member State of the European Union, which was the forfeiture of property or
prevent or part-28a) are disposed of in a manner prescribed by other legislation
^ 28b). ".

Footnotes. 28a and 28b added:

"28a) § 460zd Criminal Procedure Code, as amended by Act no. 457/2008 Coll.

28b) § 460zj Criminal Procedure Code, as amended by Act no. 457/2008 Coll. ".

Second In § 16, paragraph 3 shall read, including footnotes.
31a and 31b reads:

"(3) If the state acquires the property as a result of a court decision on the recognition and enforcement of judgments
another Member State of the European Union, which has been
forfeiture or confiscation of property or a part-28a)
appropriate organizational unit (§ 11) loaded with the property until after
3 months from the date of the legal force of a court decision or even
before the expiry of that period, if it was under another legal regulation 31a)
court informed that there is no reason to prevent the forfeiture or confiscation
such property or part thereof. However, if the branch in that period
informed the court that it
another Member State of the European Union informed of the reason for preventing the forfeiture or confiscation
such property or part thereof is disposed of after receipt | || court decision issued in respect of the property on the basis of information
another Member State of the European Union-31b).

31a) § 460zi paragraph. 5 of the Criminal Procedure Code, as amended by Act no. 457/2008 Coll.

31b) § 460zi paragraph. 4 of the Criminal Procedure Code, as amended by Act no. 457/2008 Coll. ".
PART THREE



EFFICIENCY
Art. IV

This Act comes into force on 1 January 2009.
Vlcek vr

Klaus vr


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