163/2016 Sb.



LAW



of 27 June. April 2016,



amending Act 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended by later regulations, and Act No. 40/2009 Coll.

the criminal code, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to the criminal procedure code



Article. (I)



Act 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by 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., Act No. 178/1990 Coll., Act No. 303/1990

Coll., Act No. 558/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., constitutional

the Court declared under no. 214/1994 Coll., Constitutional Court

declared under the 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 No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll., Act No. 227/2000 Coll., Constitutional Court declared

under no. 77/2001 Coll., Act No. 144/2001 Coll., Act No. 265/2001 Coll.

Constitutional Court declared 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., Constitutional Court declared under no. 45/2005 Coll.

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., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award

The Constitutional Court declared 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.

Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.

Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Coll.

Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Coll.

Act No. 272/2009 Coll., Act No. 306/2009 Coll., Constitutional Court

declared under the No. 163/2010 Coll., Act No. 197/2010 Coll., the award

The Constitutional Court declared under no. 219/2010 Coll., Act No. 150/2011

Coll., Act No. 181/2011 Coll., Act No. 207/2011 Coll., Act No. 330/2011

Coll., Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 357/2011

Coll., Act No. 459/2011 Coll., Constitutional Court declared under no.

43/2012 Coll., Act No. 193/2012 Coll., Act No. 273/2012 Coll., Act No.

390/2012 Coll., Act No. 45/2013 Coll., Act No. 105/2013 Coll., Act No.

141/2014 Coll., Act No. 77/2015 Coll., Act No. 86/2015 Coll. and Act No.

150/2016 Coll., is amended as follows:



1. In article 11 (1) 1 at the end of the text of subparagraph (c)), the words ",

unless the temporary exclusion or, if no criminal prosecution of the person for

the lack of consent of the authorised authority inadmissible only temporarily. "



2. section 11a is inserted:



"§ 11a



(1) the criminal proceedings against the same person for the same Act and cannot be started

When the Prosecutor in abbreviated preparatory proceedings



and decided to approve an out-of-court settlement) and the thing, or



(b)), decided to postpone the submission of the proposal on conditional on the punishment and

the suspect worked, or it is considered, that has proved successful,



If the decision was not in the prescribed proceedings.



(2) the criminal proceedings against the same person for the same Act and cannot be started

If the prosecutor decided to nestíhání a suspect pursuant to § 159d

paragraph. 1, if the decision in the prescribed proceedings. ".



3. the heading of § 146a added: "the Decision of the Court on the complaint against the decision of the

the public prosecutor or police authority ".



4. In § 146a of paragraph 1. 1 (b). to), the word "or" is deleted.



5. § 146a of paragraph 1. 1 (b). l) the words "(paragraph op.81B paragraph. 1), "are replaced by

the words "(§ op.81B para. 1) or ".



6. § 146a of paragraph 1. 1, the letter l) the following new point m) is added:



"m) decided for failure to fulfil the conditions under paragraph 159c paragraph. 1. "



7. in section 159b of paragraph 1. 2, after the word "prosecution", the words "in accordance with

paragraph 1 ".



8. in paragraph 2 of the maiden the following paragraph 3 is added:



"(3) the police the authority to temporarily postpone the initiation of criminal prosecution of the person

also in the case where the person is temporarily excluded from the powers of the bodies

law enforcement (section 10), or if its prosecution for

the lack of consent of the authorised authority temporarily unacceptable. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



9. the following paragraph shall be inserted after section 159b 159c and 159d, including the headings

shall be added:



"§ 159c



Special provisions on the temporary postponement of prosecution



(1) a police authority shall decide on the temporary postponement of prosecution

a suspect of the crime of intrigue in the insolvency proceedings under § 226

paragraph. 2, 4 or 5 of the criminal code, the violation of the provisions of the rules

on competition pursuant to § 248 paragraph. 1 (b). (e)), para. 3 or 4

the criminal code, intrigue in the award of public contracts and public

competition under section 257 paragraph. 1 (b). (b)), para. 2 or 3 of the criminal

code, intrigue at public auction pursuant to § 258 paragraph. 1 (b). (b)),

paragraph. 2 or 3 of the criminal code, pursuant to section 332 of the criminal bribe

code or indirect bribery pursuant to section 333 para. 2 of the criminal

code, if the suspect promised the bribe, securities or any other benefit

just because he was asked to do so, he has made about how voluntarily and without

undue delay notice to the Prosecutor or police authority,

notify the police authority of the fact that they are aware of the criminal

activities of who about this bribe, securities or any other benefit

He asked, and it undertakes to submit, in preliminary proceedings and in the proceedings before the Court

a complete and truthful statement of the facts.



(2) Decide on the temporary postponement of the criminal proceedings referred to in paragraph 1

You cannot, if it was a bribe, securities, or other benefit promised in

connection with the exercise of the powers of the officials referred to in § 334 para. 2

(a). a) to (c)) of the criminal code or of an official referred to in § 334

paragraph. 2 (a). (d)) of the criminal code, in the case of an official who performs

function in the operating entity in which he has a decisive influence of the foreign

State.



§ 159d



The decision on the nestíhání of the suspect



(1) does not detect the additional fact that exclude decide

the temporary postponement of the prosecution and has fulfilled its obligations to the suspect

pursuant to section 159c paragraph. 1, the State Prosecutor decides that it will not be prosecuted, otherwise

Decides that the suspect did not meet the conditions referred to in paragraph 159c paragraph. 1.

This resolution is admissible a complaint which shall have suspensive effect.



(2) decide on the suspect can be up to nestíhání after a final termination

criminal prosecution of a person for a bribe, securities or any other benefit

the suspect asked if the deadline for lodging an appeal or

on the appeal lodged by the decided and the deadline to submit constitutional

the complaint was lodged, or a constitutional complaint decided, or after

final postponement or another pending case, unless it can initiate criminal

the prosecution of a person for a bribe, securities or any other benefit

the suspect asked.



(3) a resolution on the nestíhání of the suspect, the Prosecutor shall immediately transmit to the

After the legal force of the Supreme Public Prosecutor's Office.



(4) After the decision on non-compliance with the conditions referred to in paragraph 159c paragraph. 1

the police authority shall initiate criminal prosecution. ".



10. In section 160 paragraph. 1, the words "or section 159b of paragraph 1. 1 "shall be replaced by",

section 159b of paragraph 1. 1 and 3 or § 159c para. 1. "



11. In paragraph 173 of paragraph 1. 1, letter c) the following point (d)), which read as follows:



"(d)) if the accused is temporarily excluded from the powers of the bodies active in criminal

proceedings (section 10), or if his prosecution for lack of consent

the authorised authority temporarily unacceptable ".



Subparagraph (d)) is renumbered as paragraph (e)).



12. section 174a is inserted:



"section 174a



(1) the Attorney General may, within three months of the law can interfere with the

the illegal resolution of lower prosecutors about suspicious nestíhání

pursuant to section 159d paragraph. 1, about stopping criminal prosecution or referral

things.



(2) to this end, the State Prosecutor of the Supreme State

the Prosecutor's Office to require lower prosecution offices,

the documents, materials and messages and perform screening.



(3) if the Attorney General resolution on the cessation of the criminal

prosecution or referral, resume proceedings the Prosecutor,

that in the case at first instance. It is bound by the legal

the view expressed in its decision to the Prosecutor, and

is obliged to perform tasks and the addition of the highest State

the representative of the ordered.



(4) if the Attorney General resolutions on the suspect, nestíhání

police authority decides to initiate criminal prosecution, have not dealt with the matter

otherwise. ".



13. in section 179b, the following paragraph 6 is added:




"(6) If a suspect is a person who is temporarily excluded from the powers of the bodies

law enforcement (section 10) or whose prosecution is for

the lack of consent of the authorised authority temporarily unacceptable, it shall

the Prosecutor, mutatis mutandis, under the provisions of section 159b of paragraph 1. 3. ".



14. in section 186 (a). (c)) and § 188 paragraph. 1 (b). (d)), the words "(a). a) to (d)) "

shall be deleted.



15. In paragraph 224 of paragraph 1. 1, § 255 para. 1 and § 314r para. 5, the words "(a). (b))

to (d)) "shall be replaced by" subparagraph (a). (b) to (e))) ".



16. in section 284 is at the end of the text of paragraph 1, the words ", and even

the decision on the nestíhání of the suspect (article 159d, paragraph 1) if provision has been made

in response to the repealed the contested decision '.



PART TWO



Amendment to the criminal code



Article II



Act 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.

Act No. 181/2011 Coll., Act No. 330/2011 Coll., Act No. 357/2011 Coll.

Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act No. 458/2011 Coll.

Act No. 193/2012 Coll., Act No. 360/2012 Coll., Act No. 390/2012 Coll.

Act No. 399/2012 Coll., Act No. 494/2012 Coll., Act No. 105/2013 Coll.

Act No. 241/2013 Coll., Constitutional Court declared under no.

259/2013 Coll., Act No. 141/2014 Coll., Act No. 86/2015 Coll., Act No.

165/2015 Coll., Act No. 377/2015 Coll., Act No. 47/2016 Coll. and Act No.

150/2016 Coll., is amended as follows:



1. In paragraph 34, the dot at the end of paragraph 3 is replaced by a comma and the following

letter h) is added:



"h) period during which prosecution has been deferred temporarily.".



2. In article 240, paragraph 3 reads:



"(3) by imprisonment for five to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 on a large scale, or



(b) if he commits the Act) referred to in paragraph 2 (a). (c)) in conjunction with the

organised by the group operating in more States. ".



3. In paragraph 240, the following paragraph 4 is added:



"(4) the preparation is punishable.".



4. In paragraph 367 of paragraph 1. 1 the words "taxes, fees and similar mandatory

payments under section 240 paragraph. 3.0 ' shall be deleted.



PART THREE



The EFFECTIVENESS of the



Article. (III)



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.