150/2016 Sb.



LAW



of 20 December. April 2016,



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

(code of criminal procedure), as amended, law No. 218/2003 Coll.

juvenile liability for unlawful acts and the judiciary in matters

Youth and on amendments to certain acts (the Act on the judiciary in matters

Youth), in the wording of 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. and Act No. 86/2015 Coll., is amended

as follows:



1. In article 12 paragraph 2. 2 (a). e), the words "against military objects,

the military material or other property of the State, with which it is competent

manage the Department of Defense "shall be replaced by the words" or against military

objects, materials or assets of the State with which the

they are responsible to manage the Department of Defense or set up

organizational units of the State, or with which they are competent to manage or

which have the right to manage state organization set up by or based

The Ministry of defence ".



2. In paragraph 73, the following shall be added at the end of paragraph 3, the phrase "the decisive Authority on the

custody can simultaneously save the accused the obligation to stay in

for the time period specified in the dwelling or any part thereof, unless

his important reasons, in particular the employment or occupation or

the provision of health services for providers of health services in the

as a result of his illness or injury; for the determination of the time period, the

section 60 paragraph 2 shall apply mutatis mutandis. 4 of the criminal code. The accused is obliged to

the probation officer to allow access to the dwelling or its designated

part. ".



3. In section 73, paragraph 3 the following paragraph 4 is added:



"(4) in connection with the custody of certain measures referred to in

paragraph 1, the authority may decide on custody decisive performance

electronic checks on compliance with the obligations imposed in connection with this

measures through the electronic control system

enabling the motion detection of the accused, if the accused person promises in

the performance of the electronic control will provide all necessary assistance.

Before the authority deciding on custody of the accused about the course

electronic inspection. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



4. In § 73 para. 6, after the words "paragraph 4" the words "or 5".



5. In section 73a of the paragraph. 3 the words "4 to 6" shall be replaced by "5-7".



6. In section 73b paragraph 1(a). 5 with the number "4" is replaced by "5".



7. in section 78 para. 1 the first sentence, section 78 para. 5 the first sentence, § 78 para. 6

the first sentence in section 79 and paragraph. 6 and 7, the word "material" is deleted.



8. In section 78 para. 4, § 79 paragraph 2. 1 the first sentence of paragraph 1 and section 79. 6 the word

"material" is deleted.



9. in section 78 para. 6 the first sentence, section 78 para. 8 and § 79 paragraph 2. 2, 4 and 5 are

the word "material" is deleted.



10. In section 78 para. 7, the word "material" is deleted.



11. in section 88 para. 1 and section 158e of paragraph 1. 1 the term "negotiation" is replaced by

the word "alternative".



12. In § 146a of paragraph 1. 1 (b). (d)), after the words "paragraph 1", the words "1 and".



13. in § 146a of paragraph 1. 2, the words "section 79e para. 2 "shall be replaced by" section 79e

paragraph. 1. "



14. in § 152 paragraph 1. 1 at the end of the text of subparagraph (c)), the words "and when the

replace a link ".



15. In § 152 paragraph 1. 2, after the words "freedom", the words "and when the

replace a link ".



16. In article 155 para. 1, after the word "binding", the words "and with the use of

the electronic control system, when replacing the binding ".



17. In article 161 paragraph 7 is added:



"(7) the investigation of offences to the German armed forces and the people,

that commit crimes against members of the armed forces in

military buildings or against military objects, military

material or the rest of the property to the State, which are relevant

manage the Department of Defense or its established organizational folder

State or with which they are competent to manage or to which they have the right

manage state organization set up by the Ministry-based or

the defense held, the competent authority of the military police. ".



18. § 334b including title:



"§ 334b



Checking the enforcement of a sentence of house arrest



(1) the control of enforcement of a sentence of house arrest, the Ministry ensures the

of Justice or for the performance of electronic control established

the branch of the State, in cooperation with the probation and mediation service

through the electronic control system, allowing for the detection of

the movement of the convicted person or the probation and mediation service performing spot checks

by a probation officer. For this purpose, the person shall

allow the authority having control of the entrance to the place of punishment and

to submit to an acquisition of its biometric data by providing control

at his request, at the start of electronic controls, and its

progress, if there is a suspected breach of the controlled duties.

Material purchased biometric data fingerprints, facial features and

voice recording.



(2) if they were not in the performance of electronic checks referred to in paragraph 1

important matter for criminal proceedings, records

the movement of the convicted person for a maximum period of twelve months after the end of the performance

electronic inspection. ".



19. In article 334c, the words "electronic control system operator

or the probation officer carrying out the control "are replaced by the words" authority

ensuring control ".



20. In Article 353 paragraph 1. 1 the second sentence after the word "If" is the word

"constitutional".



21. the following section is inserted after section 360 360a, which including the title reads as follows:



"§ 360a



The performance of the electronic checks on compliance with the obligations imposed in connection with the

some measures of replacement binding



(1) the electronic monitoring of the implementation of the obligations imposed in connection with the

some measures of replacement binding provides the Ministry of

Justice or for this purpose established by the branch of the State

in cooperation with the probation and mediation service. As soon as the decision on the

power electronic control becomes enforceable, shall forward to the authority

deciding on custody without delay to the authority having

an electronic check.



(2) the accused is obliged to in the performance of the checks referred to in paragraph 1 to allow the

authority having access to an electronic check of the designated homes

or a part thereof (section 73 (3)) and to tolerate the acquisition of its biometric

data by providing a check on his request at the start

electronic checks, and later in its progress, if there is a suspicion of

violation of obligations, as well as controlled otherwise the authority having

control to provide all necessary assistance. Material purchased

biometric data fingerprints, facial features and voice recording.


The provisions of § 334b para. 2 shall apply mutatis mutandis.



(3) if the accused does not comply with the obligations subject to electronic control,

shall inform the authority providing an electronic check

promptly to the Court and, in preliminary proceedings, the Prosecutor. Without delay,

also communicate this fact to the police authority, who shall detain the accused,

If there is reasonable concern that will thwart the purpose of the links; the procedure of detention

the accused shall apply mutatis mutandis to section 75. Authority to ensure the electronic

checking for this purpose shall notify the police authority the information necessary for

the identification of the accused and the reason for its eventual detention. ".



Article II



Transitional provision



The jurisdiction of the police authority for the venue of acts of criminal proceedings in

proceedings instituted before the date of entry into force of this law shall be assessed

pursuant to Act No. 141/1961 Coll., in the version in force prior to the date of acquisition

the effectiveness of this Act.



PART TWO



Amendment of the Act on the judiciary in matters of youth



Article. (III)



Act 218/2003 Coll., on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain acts (the Act on

the judicial system in matters of youth), as amended by Act No. 383/2005 Coll., Act

No. 253/2006 Coll., Act No. 345/2007 Coll., Act No. 129/2008 Coll., Act

No. 41/2009 Coll., Act No. 181/2011 Coll., Act No. 301/2011 Coll., Act

No. 357/2011 Coll., Act No. 375/2011 Coll., Act No. 459/2011 Coll., Act

No. 193/2012 Coll., Act No. 390/2012 Coll., Act No. 45/2013 Coll., Act

No. 77/2015 Coll. and Act No. 86/2015 Coll., is amended as follows:



1. in the section 95a para. 2 the third sentence, after the words "If the word

"constitutional".



2. § 95a paragraph. 4 the first sentence after the word "and", the words "in the case of

the constitutional protection of healing ".



PART THREE



Amendment to the criminal code



Article IV



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. 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. and Act No. 47/2016 Coll., is amended as follows:



1. In article 65 paragraph 1. 1 the first sentence, the words ' two years ' shall be replaced by

"one year".



2. In § 92 para. 4, after the word "criminal", the words "and on the

counting the obligation to remain in a specified time period in

dwelling or part of the specified stored the accused pursuant to § 73 para. 3

Code of criminal procedure ".



3. In § 99 paragraph 2. 6, the first sentence is replaced by the phrases "protective treatment takes

as long as it requires its purpose. Institutional protective treatment takes not more than two

for years; If it is not at this time treatment ended, the Court, before

the end of this period of her extension, even repeatedly, but always

a maximum of two more years; otherwise it will decide about the release of protective

treatment or about changing the constitutional treatment of medical outpatient, unless the

the perpetrator of the blame on the fact that the Court at that time could not decide; in

this case, the Court shall decide without delay after the disappearance of barriers to

decision. ".



4. In article 363 para. 2 the term "negotiation" is replaced by "alternative".



PART FOUR



The EFFECTIVENESS of the



Article. In



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.