About The Judiciary In Matters Of Youth

Original Language Title: o soudnictví ve věcech mládeže

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55745&nr=218~2F2003~20Sb.&ft=txt

218/2003 Coll.



LAW



of 25 June 2002. June 2003 on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain laws



(the law on the judicial system in matters of youth)



Change: 383/2005 Sb.



Change: 253/2006 Coll.



Change: 345/2007 Sb.



Change: 129/2008 Sb.



Change: 41/2009 Sb.



Change: 181/2007 Sb.



Change: 301/Sb.



Change: 357/2010 Coll., 459/2011 Sb.



Change: 375/2007 Sb.



Change: 193/2009 Sb.



Change: 390/2009 Sb.



Change: 45/Sb.



Change: 77/2015 Sb.



Change: 86/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE RESPONSIBILITY OF YOUTH FOR UNLAWFUL ACTS AND THE JUDICIARY IN MATTERS OF YOUTH



TITLE I OF THE



GENERAL PROVISIONS



§ 1



The purpose of the Act and its relationship to other laws



(1) this Act regulates the conditions of liability for unlawful youth

offences referred to in the criminal code measures imposed for such

unlawful acts, procedure, decision making and performance of the judiciary in matters

youth.



(2) cases of the unlawful acts committed by children under the age of

15 years of age and adolescents, is monitored, so that the one who is like this

the crime committed, has taken measures that effectively contribute to the

continue to commit offence and found social

the application of matching his skills and mental development, and according to the

their forces and capabilities contributed to the injury caused his Atonement

the unlawful act; proceedings must be conducted so as to contribute to the

preventing and deterring the Commission of unlawful acts.



(3) unless this Act provides otherwise, shall be used to whoever at the time

committing a crime does not exceed the 18th year of age, General legal

legislation. ^ 1)



§ 2



The definition of some terms



(1) unless otherwise provided by law, shall mean



and) children and young people, youth



(b) a child under the age of 15 years) one who at the time of committing the act otherwise

the criminal under the fifteenth year of age,



c) adolescents, one who at the time of committing the offence was completed at the fifteenth year and

do not exceed the 18th year of his age.



(2) under this Act shall also mean



and the unlawful act) wrongdoing, crime or offence otherwise punishable



(b) educational measures) measures (sections 15 to 20), protective measures (paragraph 21 of the

up to 23) and criminal measures (sections 24 to 35) and measures for juveniles

the saved children under the age of 15 years (article 93); reasonable restrictions and

reasonable obligations within the meaning of the Penal Code and code of criminal procedure

replaced by educational measures,



(c)) law enforcement agencies under this Act are police authorities, State

representatives and youth courts ^ 2)



(d) youth specific) Court the Senate or in the statutory

cases, the President of the Chamber or a judge of such relevant

District, regional, high and Supreme Court



(e) the ordinary court of a different Senate) or a judge of the same court or other

the Court, which are unlawful acts of youth.



§ 3



The basic principles of



(1) no one can be affected under this Act for an offence that was not

offence under the law at the time when it was committed, and only this law in

following the Criminal Code provides that the hearing is offense or

otherwise a criminal offence, and the penalties and how they store, pointing

primarily to restore the disturbed social relations, the integration of the child

or young person under the age of fifteen years into the family and social

the environment and the prevention of unlawful acts.



(2) the criminal measures may be applied only if the special ways

and control measures, in particular restoring disturbed social relationships and

contributing to the prevention of unlawful interference, would probably not lead to

the purpose of this Act.



(3) the measures imposed pursuant to this Act must take into account the personality of the

It is stored, including his age and intellectual and moral

maturity, State of health, as well as his personal, family and

social conditions, and must be appropriate to the nature and severity of the committed

scene of the crime. Political, national, social or religious leanings of the young person

or a child under 15 years of age, his family or the family in which he lives,

or the way the education of a juvenile or child under 15 years of age

cannot be a reason for the imposition of the measures under this Act.



(4) in proceedings under this Act should be exercised with regard to the

the age, State of health, intellectual and moral maturity of the person against whom the

with leads that its further development was the least at risk, and that the present

actions and their causes and circumstances that is allowed, have been duly

clarified and for their having committed has been inferred responsibility under this

the law. Management must be to lead the way, to prevent

other unlawful acts. The authorities responsible under this Act while

cooperate with the competent authority of the socio-legal protection of children.



(5) in proceedings under this Act, it is necessary to protect the personal information of the person

against which the control leads, and her privacy to each such person was

protected from the harmful effects of, and in compliance with the principle that it is treated as

for innocent until her guilt has not been proven in a lawful manner.



(6) every child under the age of 15 years or a youthful, unless otherwise specified in this

law, has the right to make his performance was discussed without undue

delay and within a reasonable time by a court for the youth.



(7) proceedings under this Act must be directed to the damaged

reached a compensation of damage caused by unlawful acts or he received

other reasonable satisfaction.



(8) judges, prosecutors, members of the police authorities and the officials of the

The probation and mediation service acting in criminal matters, youth must have a

Special training for dealing with youth.



§ 4



The performance of the judicial system in matters of youth



The judiciary in juvenile matters and in matters of assessment different offences

crimes committed by children under the age of fifteen years shall carry out the courts for

youth.



TITLE II



JUVENILES



Part 1



Criminal liability of minors



§ 5



The responsibility of the young person



(1) a juvenile who at the time of committing an Act achieve the intellectual and

moral maturity to recognize its unlawfulness or control

their actions, is not criminally responsible for this Act.



(2) if he is a youthful referred to in paragraph 1 otherwise criminal offence

or, if no other legal reasons, criminally responsible, can be against him

use in addition to the protective measures (section 21) Similarly, the procedures and measures

applicable under this Act, children under the age of 15 years.



§ 6



Wrongdoing



(1) the offence ^ 3) committed by adolescents is called misconduct.



(2) unless otherwise provided by this Act, applies to the assessment of guilt

committed by minors, the criminal code.



Part 2



The demise of that



§ 7



Effective regret



Crime for which the Criminal Code provides for the punishment of imprisonment,

whose upper limit does not exceed five years, committed by minors shall cease,

If, after committing a crime in a youthful



and voluntarily removed the or to remedy) due to the effect of, or is it

tried to replace the damage caused, in particular, has taken the measures necessary to

compensation or otherwise tried to undo the ramifications,



(b)) his behavior has shown an active effort to reform and



(c) the Act did not permanently) adverse consequences for the victim or for the

the company.



§ 8



Limitation of prosecution



(1) the crime of the limitation period expires,



and) ten years, if the offence to which the Criminal Code lays down the

exceptional punishment,



(b)) five years, if the upper limit of imprisonment of at least

for ten years,



(c)) three years for other wrongdoings.



(2) concerning the beginning and interruption of the limitation period shall apply mutatis mutandis

the provisions of the criminal code. ^ 4)



(3) the expiry of the limitation period does not terminate the misdemeanour offence, where

as regards the limitation of Criminal Code offences. ^ 5)



Part 3



Measures imposed to minors



§ 9



The purpose of the measures



(1) the purpose of measures against a juvenile is mainly a creation of conditions

for the social and intellectual development of the young person with respect to his pupil

the degree of reason and moral development, personal characteristics, family

education and to the environment from which the young person, as well as its protection against

the harmful effects and prevent the perpetration of further wrongdoing.



(2) the provisions of the Criminal Code of the extraordinary increase in the sentence

freedom ^ 6) for juveniles.



§ 10



Types of action



(1) a juvenile can only save such measures:



and) educational measures,



b) safeguard measures and



(c)) the criminal measures.



(2) educational measures can be juvenile, against which the proceedings

Save with the consent in the course of proceedings before a decision

Court of the guilt of the young person.



The abandonment of the imposition of criminal measures



§ 11



(1) the Court may waive the imposition of criminal measures

a juvenile who committed a misdemeanour for which the Criminal Code lays down the

a prison sentence whose upper limit does not exceed five years, his

committing the regrets and manifested an active effort to reform,



and) if the nature of the committed offence and the existing life


the young person can reasonably be expected that the hearing of the case already before the Court

for young people it is sufficient to remedy it,



(b)) if the crime committed out of ignorance of the law, which is particularly

due to its age, intellectual maturity and the environment in which he lived,

forgivable, or



(c) youth) if the Court accepts the responsibility for the remediation of a juvenile and has

for that, due to the educational influence of the person who offered the nature of the guarantee

committed the crime and the person of the young person with the imposition of criminal measures

does not seem necessary.



(2) if the Court shall waive, for youth since the imposition of the criminal action, the thing

dealt with by the young person to order, or may leave the disability

juvenile legal representative, school, of which he is a youthful pupil, or

the curriculum of the equipment for institutional or protective education ^ 7) (hereinafter referred to as

"educational facilities"), in which he lives; in this case, the Court's

in advance shall seek the opinion of the school or educational facility. Legal

Representative, school or educational facility shall result

notify the Court.



§ 12



The youth court may refrain from imposition of criminal measures, juvenile

even if the



and the youthful transgressions committed in) the State caused by a mental disorder and

Court has considered that the security of the detention or protective

the treatment, which also stores, remedy the young person better than

punitive measures, or



(b)) is used against him protective or educational measures and to achieve

the purpose of this Act is not punitive measures should be imposed.



section 13 of the



If the Court shall waive, for youth since the imposition of criminal measures, looking at

the young person, as if he has been convicted.



§ 14



Conditional waiver from the imposition of criminal measures



(1) under the conditions specified in § 11 (1) 1 the Court may conditionally for youth

refrain from the imposition of criminal measures, if necessary after

specified period of time to monitor the behaviour of the juvenile.



(2) when a conditional waiver from the Criminal Court for the imposition of measures

Youth provides a trial period of up to one year. At the same time a juvenile may

Save the protective measures or educational measures in order to

He led an orderly life; as a rule, he also saves, doing their best to replace

damage or repair the non-material damage caused by the offense, or

to issue unjust enrichment obtained the offense.



(3) the Court may in the circumstances of the case and the person

juveniles leave the conditional waiver from the imposition of criminal measures in

even though the juvenile had cause to the imposition of criminal

measures, and



and juvenile supervision) to establish, if it has not already been saved,



b) appropriately extend the trial period, but not by more than one year,

or



(c) establish yet unsaved) educational measures referred to in section 15 to 20

pointing to a youthful led an orderly life.



(4) If a juvenile, which has been conditionally waived the imposition

criminal measures, led an orderly life during the trial period and complies with the

stored measures, youth court, that has proved successful; otherwise,

decide on the imposition of criminal measures, and, where appropriate, during the

the trial period.



(5) if the Court has not made within one year of the expiry of the trial period

the decision referred to in paragraph 4 without the tom was young, which has been

conditionally dropped a criminal, since the imposition of measures, it is considered that the

has worked well.



(6) if it is alleged that young, which has been conditionally waived

Since the imposition of criminal measures, proved, or if it is considered that the

proven, staring back at him, as if he has been convicted.



Part 4



Educational measures



§ 15



Store and types of educational measures



(1) when the abandonment of criminal action or conditional waiver from the

criminal action may be to achieve the purpose of this Act is saved

juvenile educational measures. If it allows their nature, it is possible to

use educational measures against a juvenile and next to the saved

protective measures or criminal or in respect of specific

ways to control. Educational measures may be imposed for a maximum period at the same time

set test time for conditional sentencing or conditional

the postponement of the monetary measures; If they are stored separately or in addition to

other protective measures or criminal can be saved for up to

period of three years.



(2) Educational measures are



and supervision by a probation),



(b)) the probation program



(c) educational obligations)



(d) educational restrictions)



e) admonition with an alert.



(3) educational measures the Court may for youth and in preliminary proceedings the State

a representative of the store with the consent of the person against whom the proceedings already in

during the criminal proceedings, and until his final end.

A juvenile may at any time during the proceedings, until its final

the end of your agreement to revoke the Declaration addressed the Court for youth

and, in preliminary proceedings, the public prosecutor, who leads the proceedings. The performance of the

educational measures to the ends.



(4) educational measures regulate the way of life of the young person, and thus

support and ensure its upbringing.



(5) if it is shown that the complete or timely implementation of educational measures

for the young person is impossible or cannot be reasonably required, on it

Youth Court and, in preliminary proceedings, the Prosecutor ordered the educational

the measure cancels or changes.



(6) if the Court finds for the youth that there are reasons for the regulation of the constitutional

education according to the law on the family, the General Court of the impetus to begin

control.



section 16 of the



Supervision by a probation



(1) the supervision of a probation official means for regular monitoring of the behavior of the

the young person in his family, and how the educational influence of parents on it,

review of compliance with the imposed probation program and educational

the obligations and restrictions imposed on a juvenile court for youth and in

the preparatory proceedings by the public prosecutor, or resulting from the Act and its

positive management of a probation officer to life in accordance with the law.



(2) the purpose of supervision by a probation is:



and the monitoring and control of behavior), aimed at ensuring

the protection of society and reduce the possibility of re-offending,



b) youthful professional guidance and assistance in order to ensure that in the future

He led an orderly life.



(3) the juvenile, which was saved by a probation supervision, is

shall be obliged to



and work with a probation officer) in a way that his probation

the officer determined on the basis of the created probation supervision plan,



(b)) the probation officer shall report in person to the within the time limits that will

set a probation officer; in setting these time limits probation

an official account of the circumstances of the young person, his living situation at the time

supervision and the environment in which he lives,



(c) inform the probation officer about) your residence, employment, respect for

educational restrictions or obligations imposed, and other important

the circumstances for the supervision of the designated officer, probation



(d) the probation officer in not preventing) entry into the dwelling.



§ 17



The probation program



(1) a probation programme means in particular social program of training,

psychological counselling, therapeutic program, including

public benefit activities, educational, vocational, retraining or

Another good program to develop social skills and personality

the young person, with different mode restrictions in the normal way of life,

that tends to make the youthful avoid behavior that would be in the

violation of the law, and to support its appropriate sanitary facilities and to

settlement of the relations between him and the victims. The probation program approved

the Minister of Justice and entered in the list of probation programs

led by the Ministry of Justice.



(2) the Youth Court and, in preliminary proceedings, the Prosecutor may impose

juvenile an obligation to submit to the probation programme referred to in paragraph 1,

If



and) is appropriate given the needs of the young person and the interests of the company,



(b)) is given ample opportunity to become acquainted with the contents of the probation

the program and



c) youthful agrees with its participation on it.



(3) a juvenile is usually saved under their forces for the damage

or repair the non-material damage caused by the offense, or to

issued unjust enrichment obtained the offense.



(4) Supervision over the performance of the probation program for youth and in court

the preliminary proceedings, the Prosecutor shall assign to the probation officer. It fails to

juvenile probation program, probation officer shall proceed in accordance with § 80 para.

4.



(5) on the termination of probation program and its result shall report to the probation

the clerk of the Court without undue delay message for young people or the State

representatives of that probation program to save.



section 18



Educational obligations



(1) the Court and, in preliminary proceedings, the Prosecutor may

Save a juvenile educational obligation, which provides in particular for:



and lived with a parent) or other adult who is responsible for its

Educational,



(b)) in one lump sum or in instalments paid a reasonable sum of money,

You also specify, to financial assistance to victims of crime

provided under a special law,




(c)) have done free of charge in your spare time socially beneficial activities

of a certain type,



d) sought to settle with the victims,



e) replaced by their forces the harm caused by the offense or otherwise

contributed to the removal of the aftermath of wrongdoing,



f) undergo a treatment for addiction, that is not

protective treatment or security detencí under the criminal code,



(g)) is in his spare time a suitable program of social

training, psychological counselling, therapeutic program

education, doškolovacímu, rekvalifikačnímu, or other appropriate

the programme to develop social skills and personality of the young person,

that is not a probation program.



(2) Educational obligation to pay a sum of money will be saved if it can be

assume that the cash amount will be paid out of cash

funds which may only dispose of the youthful self. Youth Court

and in preliminary proceedings, the Prosecutor may determine that cash amount

will be paid at reasonable monthly installments.



(3) execution of socially beneficial activities of some kind may be

juvenile saved just so as not to disturb his preparation for the future

the profession, particularly the fulfilment of obligations relating to education

the program of the school, or profession or employment, and for a period of not more than

four hours a day, eighteen hours a week and 60 hours in total.



(4) when saving educational obligations referred to in paragraph 1 (b). (c)), and (g))

Youth Court and, in preliminary proceedings, the Prosecutor shall take into account

the medical fitness of a juvenile.



§ 19



Educational restrictions



(1) the Court and, in preliminary proceedings, the Prosecutor may

Save a juvenile educational limitations, which provides in particular for:



and he did not attend certain actions) device or other for a juvenile

inappropriate environment,



(b)) is positively with specific persons,



(c)) had been absent on a particular point,



(d)) nepřechovával items that could be used to perpetrate other

wrongdoing,



(e)) taken at the addictive substances,



f) did not participate in the games of chance, betting and gaming on slot

devices,



g) did not change without prior notice the probation officer instead of their

stay,



h) did not change without prior notice to the probation officer for no reason

your employment.



(2) Educational limitations referred to in paragraph 1 (b). a), b), c), (d)), and (g)) may be

juvenile saved just so as not to disturb his preparation for the future

the profession, particularly the fulfilment of obligations relating to education

the program of the school, or profession or employment.



section 20



Admonition with an alert



(1) alert the court injunctions, for youth, and in preparatory proceedings

State representative of the juvenile in the presence of his guardian

reimburse the illegality of his act strongly and notifies it to the specific

the consequences of that risk under this Act if, in the future

committing additional criminal activities.



(2) where it is efficient and appropriate, the Court may, for the youth and in the preparatory

proceedings the public prosecutor when pronouncing an admonition warning at the same time

Let the disability of a juvenile of his legal representative, the school, which is

a youthful pupil, or the educational establishment in which he lives; in such a

the case of the Youth Court's advance shall seek the opinion of the school or

educational facilities. The legal representative, school or educational facility

are required to inform the Court about the outcome for young people or the State

representative.



(3) if the Court Admonished for youth and in preliminary proceedings, the Prosecutor

the young person and granted to him at the same time an alert, or disposed of by the

disability a juvenile of his legal representative, school or educational

the device, looking at the young person, as if he has been convicted.



Part 5



Protective measures



section 21



Types of protective measures



(1) safeguard measures are protective treatment ^ 8), security

detention ^ 8a), prevents things ^ 9) and protective education. Their purpose is to

positively affect the mental, moral and social development of the young person and protect

the company by committing wrongdoing.



(2) protective rehabilitation can only be imposed under this Act, protective

healing, security detention and prevents things are stored according to the

the Criminal Code ^ 10).



section 22



Protective education



(1) the Court may impose on a juvenile youth trade education



and the education of the young person) is not properly taken care of and the lack of proper

education cannot be deleted in his own family or in the family, in which

lives,



(b) the education of the young person) has been neglected, or



(c)), the environment in which the juvenile lives, does not warrant its proper

education,



and the imposition of educational measures is not sufficient.



(2) Protective education persists until it requires its purpose, but no longer than

the eighteenth year of age to the age of the young person; If required by the interests of the

the young person, the youth court may extend to trade education

the completion of his nineteenth year.



(3) if it is not possible to immediately execute the trade education, court orders for

by the time of its launch youth supervision by a probation.



(4) since the performance of protective care for the youth court shall refrain, if you pass away before

the start of the grounds on which it was stored.



Article 23 of the



The transformation of institutional and protective care



(1) if the young person has advanced to re-education the extent that can be

expect that, even without the restrictions, which is subjected to in the course of trade

education, will behave properly and work, but not yet nepominuly

all the circumstances for which the protective education imposed, the Court may

protective rehabilitation into institutional care, or may decide to

conditional location outside such a juvenile educational facility. In doing so,

a juvenile may save sight by a probation or other educational

measures.



(2) any failure by a youthful expectations, that without the constraints to which it was subjected

in educational facilities, where he was a protective upbringing, will be properly

Act, the Court for youth conditional location outside educational device cancels

and decided that, in the exercise of protective care continues. Similarly,

the youth court shall proceed in the transformation of institutional care on trade

education.



Part 6



Criminal measures



section 24



Types of criminal measures



(1) for the committed wrongdoing, the Court may impose on a juvenile youth only

This criminal action:



and the work of general interest)



(b) financial measures)



(c) the financial measures with conditional) the deferral of the performance,



d) forfeiture of things



(e) the prohibition of activities)



f) expulsion,



g) house arrest,



h) prohibition on entry to the sports, cultural and other social events,



I) imprisonment conditionally deferred for a trial period (conditional

a conviction),



j) imprisonment conditionally deferred for a trial period with supervision,



to unconditional imprisonment).



(2) the Penal measures imposed pursuant to this Act, the following

the criminal code must be due to the circumstances of the case and the person and the circumstances

the young person contribute to creating the appropriate conditions for the further development of the

the young person; the exercise of criminal measures must not be humiliated by human

dignity.



§ 25



Storing criminal measures



(1) in the area of criminal measures as to the mitigating circumstances

taking into account, in particular, that youthful



and) succeeded the probation program, or other suitable program of social

training, psychological counselling, therapeutic program, program

involving the public benefit activities, educational, vocational,

retraining or other suitable program to develop social

skills and personality of the young person,



(b) compensation to the victim,) provided replaced completely or at least

a partially atoned for the damage caused, or at least mitigate the harm, which

caused, and on recovering the legal and social relations,

that disrupted his behaviour, or



c) after committing wrongdoing behaved in a way that can reasonably be expected that the

the crime in the future.



(2) when determining the type of criminal action and its acreage of the Court for the

Youth also will take into account the fact that the juvenile has committed wrongdoing in State

reduced-size sanity, which brought about the influence of the addictive substance.



(3) if the Court Imposes for the youth of the aggregate or summary criminal measures

a juvenile who committed a wrongdoing, first, before they crossed the

the 18th year of his age, and after this age, proceed

According to the provisions of the aggregate or summary punishment, or ^ 11)

the abandonment of the imposition of General or another punishment, ^ 12)

the boundaries of the criminal offence committed by the rates before the youthful

crossed over, be assessed under this Act.



section 26



Charitable work, house arrest, ban, ban on

sports, cultural and other social events and expulsion



(1) under the conditions laid down in the criminal code, the Court may for youth

Save a juvenile charitable work ^ 13) with regard to its

opinion on the possibility of their store, which is obliged to find out; top

the boundaries of the rates of criminal measures in respect of a juvenile shall not exceed

half of the upper limit laid down in the criminal code. Generally beneficial


the work shall not, by their nature or the circumstances in which they are

performed, endanger the health, safety or moral development of minors.

The youth court may, in addition to the criminal measures in General, community service

Save and suitable educational measures.



(2) under the conditions laid down in the criminal code, the Court may for youth

Save a juvenile under house arrest. The upper limit of the rate of

measures in respect of a juvenile shall not exceed half of the upper limit of

provided for in the criminal code. The youth court may, in addition to the criminal

the measure of house arrest save and suitable educational measures.



(3) the prohibition of the activities of the juvenile court can save, if this is not

interfere on his profession, with the upper limit of the rate of

shall not exceed five years. The youth court may, in addition to the criminal measures

the ban on the activities of the Save and suitable educational measures.



(4) under the conditions laid down in the criminal code ^ 13a) the Court may, for the

Youth juvenile save an entry ban on sports, cultural and other

social events, with the upper limit of the rate shall not exceed five years.

The youth court may, in addition to the criminal prohibition of entry into the

sports, cultural and other social events, save the appropriate educational

measures.



(5) the Removal of from one to five years, the Court may for youth

save only under the conditions laid down in the Criminal Code ^ 14); u

a young person who is a citizen of the European Union, must be met

the condition that the failure of this type of criminal measures should

a serious threat to State security or public order, or that the

removal is in the best interest of such a young person. When you save the

expulsion shall take account of the Court for the youth to the best interests of the young person,

in particular, the family and personal circumstances of the young person and ensure that this

the criminal action was not issued by the dangers of abandoned.



section 27 of the



Financial measures



(1) the Financial measures is stored under the conditions laid down in the criminal

Code ^ 15), if the juvenile is gainfully employed, or his property

the ratios of the imposition of such a criminal action. Youth Court

In addition to financial measures may save and suitable educational measures.



(2) the youth court saves cash measures ranging from ten to

třistašedesátipěti daily rates.



(3) the daily rate is at least £ 100 and a maximum of 5 000 CZK.



(4) Replacement punitive measures set by the Court for youth up to one year.

Criminal measures shall not, however, replacement or together with stored detention

freedom extend beyond the upper limit of the criminal rate pursuant to § 31 para.

1.



(5) the Court may, on the youth of the decision imposing the fine, the

measures to decide after the expression of a young person, that his pay or

the rest of the nevykonaný will be replaced by youthful performs generally

an activity within the framework of the probation programme under § 17 para. 1, 2

for this purpose, set up, or socially beneficial activities in the framework of the

educational obligation according to § 18 para. 1 (b). (c)).



section 28



Financial measures with conditional postponement of performance



(1) the Court may defer conditionally for youth financial performance measures



and given the person) If a young person, especially with regard to the

past life and the environment in which he lives and works, and to

circumstances of the case is reasonable to consider that the purpose of the criminal measures will be

achieved even without its performance, or



(b)) if the young person accepts responsibility for the remediation and since

the educational influence of the person who offered the guarantee has to be reasonably considered that the purpose of the

criminal measures will be achieved even without its performance.



(2) enable conditional postponement of execution of a monetary measure does not apply to

the performance of other criminal measures imposed in addition to this criminal

the measures, unless otherwise provided for in the judgment.



section 29



The trial period



(1) when a conditional postponement of execution of a monetary measures set by the Court for the

Youth trial for up to three years; the trial period begins legal power

the judgment.



(2) the Court may sentence a juvenile Conditionally for the youth store

educational measures.



(3) the period during which the person's youthful conditionally led in trial period

an orderly life and complies with the imposed conditions, counts towards the evaluation period

the newly established when a conditional postponement of execution of a monetary measures for

the same deed or the trial period established when you save a total or

a summary of the criminal measures.



section 30



The decision on the certificate



(1) If a juvenile who has been conditionally suspended financial performance

measures, led an orderly life during the trial period and complies with the imposed

conditions, the youth court that has proved successful; otherwise decides, and

This already during the trial period, if applicable, that the financial measures.



(2) if the young person was guaranteed under the axle, which was conditionally

enforceability of a monetary measures revoked by the person who provided it,

the Court shall review the youth juvenile behavior during the trial period, and

If the Court finds that the conditional postponement of execution of a monetary measures to fulfil its

Mission, decides that the financial measures be enforced; otherwise, the conditional

postponement of execution of a monetary measures to maintain.



(3) if the Court does not do for young people a year from the expiry of the probationary period

the decision referred to in paragraph 1, without blame at the youthful, which

He was conditionally suspended financial performance measures, it is considered that the

youthful.



(4) if it is alleged that the teenager, who has been conditionally suspended

financial performance measures, proved, or if it is considered that the

proved, it looks as if he has been convicted.



(5) if the Court decides for the young people referred to in paragraph 1 or 2, that is criminal

the measures enforced by the replacement of the criminal decides to measure deprivation of

freedom (section 27 (3)).



(6) the provisions of § 27 para. 4 there shall be used mutatis mutandis.



section 31



Deprivation of liberty



(1) imprisonment provided for in the criminal code for

adolescents halved, with the upper limit of the criminal

rates may not exceed five years and the lower limit of one year.



(2) the unconditional imprisonment, the Court may impose on a juvenile youth

only if, having regard to the circumstances of the case, the person

the young person or the previous used different measures of criminal

measures clearly were not sufficient to achieve the purpose of this Act.



(3) in the event that a juvenile has committed wrongdoing, for which the criminal code

allows the imposition of special punishment, and that the nature and gravity of the offence

is due to the zavrženíhodnému how to perform a particular act or to

a particularly abominable motive or to particularly serious and difficult to

napravitelnému the aftermath of exceptionally high, the Court may impose for youth

juvenile imprisonment for five to ten years, if the

imprisonment in the range referred to in paragraph 1 in order to achieve the purpose of the

criminal measures were not sufficient.



(4) the unconditional imprisonment for minors, who have not exceeded

the 19th year of his age, exercised separately from other sentenced

in prisons or in special departments for juveniles.



(5) if the Court Imposes for the youth of unconditional imprisonment on a juvenile,

that already has attained the 19th year of age, taking into account, in particular, to the

the length of deprivation of liberty imposed and the degree and nature of the violation

the young person decide juvenile this punitive measures enforced in the

prison for other prisoners; shall take such a decision, shall at the same time

decide which type of prison will be doomed for more performance

unconditional imprisonment.



§ 32



Extraordinary reduction of the imprisonment



If the Court in the circumstances of the case or due to the

circumstances of the young person for the use of imprisonment

set by the criminal code was for the young person unreasonably strict and

the purpose of the criminal measures can be achieved by imprisonment shorter

duration may reduce the punitive measures involving deprivation of liberty under lower limit

penalties prescribed by law without limitation referred to in criminal

code. ^ 16)



§ 33



Conditional sentencing and conditional condemnation with supervision



(1) upon conditional condemnation ^ 18) the young person or his or her conditional

sentence of deprivation of liberty with the supervision of ^ 19) set by the Court for youth

a trial period of one year to three years. At the same time, the Court may for youth

Save and educational measures.



(2) the Court may in the circumstances of the case and the person

juveniles leave the suspended sentence even though the

a youthful convicted had given cause for enforcement of the criminal measures

imprisonment, and



and juvenile inmates) provide oversight, if it has not already been saved,



b) appropriately extend the trial period, but not by more than two years,

and shall not exceed the upper limit of the duration of the trial period in the five

years, ^ 20) or



(c) other educational measures) referred to in section 15 to 20 leading to the

make him lead an orderly life.



(3) The exercise of supervision shall be, mutatis mutandis, the provisions of § 16.



§ 34



Limitation of the exercise of criminal action



(1) Imposed punitive measures cannot be enforced after the expiry of the limitation period,


that is five years, and if it was saved the exceptional criminal measures involving deprivation of

freedom over the five years up to 10 years, the limitation period of ten years.



(2) concerning the beginning and interruption of the limitation period applies

the provisions of the criminal code. ^ 21)



(3) the exercise of penal measures imposed for offences which

provides for the criminal code, 22) ^ ^ not be limited.



§ 35



Deletion of conviction



(1) A young person who has saved or by decision of the President of the

Kingdom mitigated or remitted penal measures involving deprivation of liberty in

length of not more than one year, are viewed as would not be sentenced as soon as

has been done or was from a performance of such criminal actions or its

the rest of the finally abandoned.



(2) whether to expunge a juvenile conviction to imprisonment, on

that are not covered by paragraph 1, the Court for the youth, přihlížeje to

his behavior in prison, performance after performance of

measures. If the criminal measures involving deprivation of liberty pursuant to decision

the President tempered by the youth court shall proceed as follows, after the

After the performance was youthful sweetened imprisonment released.



(3) if the Court had pronounced for youth that youthful conditionally released from

the performance of the judicial measures involving deprivation of liberty already proved, staring back at him,

as if he has been convicted.



(4) A young person who has saved cash measures, is

as if he has been convicted, as has been done, or was from a performance

This criminal action or its residue has been finally abandoned.



(5) on a young person who has saved the forfeiture of things seen,

as if he was not sentenced as soon as regained legal judgment, which was

these punitive measures.



(6) on a young person who has saved the criminal actions of domestic

prison ban on sports, cultural and other social

the action is considered as having been convicted once was such criminal

the measures enforced or was from the performance of the criminal action or the

the rest of the finally abandoned.



(7) The juvenile, which was imposed punitive measures of expulsion,

looks as if he has been convicted, the expiry of the period for which it was

saved.



Part 7



Proceedings in criminal matters of minors



Section 1



The Court and the persons participating in the proceedings



section 36



Personal and professional prerequisites



In proceedings against minors care must be taken to ensure that investigations

discussing and deciding the criminal cases was svěřováno persons,

knowledge of which issues related to the education of youth guarantees compliance with the

the educational purpose of the procedure. The authorities responsible under this Act shall act in

cooperation with the competent authority of the socio-legal protection of children and

The probation and mediation service.



§ 37



The local jurisdiction



(1) proceedings for the youth court in whose district the youthful lives, and

does not have a permanent place of residence, the Court, in whose district he resides or works.



(2) If you cannot find out no such place or if they are outside the territory of the United

Republic, court proceedings for youth, in whose district it was wrongdoing

committed; If you cannot place the crime figure, held court for

Youth, in whose district the action transpired.



§ 38



Common control



(1) for all wrongful acts of a youthful and against all minors whose

wrongdoing is held together, the common control, where this is appropriate from the

in terms of all-round and objective findings, economic efficiency and

speed control with regard to minors, persons in respect of which the

held joint control.



(2) only in exceptional cases can be held joint proceedings against a juvenile and

an adult, if this is necessary for versatile and objective clarification

things and it's not to the detriment of the young person. Such joint management held court

for youth, and in respect of the young person, and shall be used in the joint management of

provisions of this Act.



(3) are not subject to the conditions referred to in paragraph 2 and was made

the joint indictment on a juvenile and an adult, excludes Court

It shall refer the matter to an adult and to the competent court.



§ 39



Referral to the



If required by the favour of the young person, the Court may transfer the case to the competent

Court, which is the venue of the criminal proceedings with a view to

the interests of the young offender.



section 40



Cooperation with the authority of the socio-legal protection of children, with interest

associations of citizens and with the persons realizujícími probation programs



(1) the authorities operating under this Act and the probation and mediation

services shall cooperate with the competent authority of the socio-legal protection of children,

the interest of citizens and associations with persons of realizujícími probation

programs to strengthen disciplinary proceedings in cases of minors,

created the conditions for an individual approach to solving each of the things

in a timely manner to respond to the needs and interests of minors and damaged people and

all other entities concerned crime and also this

the way crime zamezovali and prevent it. To the solution

individual wrongdoing under this Act are involved whether or not interest

Citizens Association and other bodies active in the social environment

the young person, in which the wrongdoing, and in social surroundings

the accused and the injured party.



(2) interest groups of citizens and the person implementing the probation and other

programs or dedicated to social work may way laid down in

the Act notify the authorities responsible under this Act and the competent authority

the socio-legal protection of children on reality, suggesting that it was

committed wrongdoing, and give as an incentive for appropriate response to it. At the same time

may participate in the execution of judicial decisions and interact in the

remedy the delinquency and to create suitable sanitary facilities.



Section 2



To perform tasks in cases concerning minors



§ 41



How to perform tasks in cases concerning minors



(1) when carrying out the operations in cases concerning minors must be treated with

persons to act as concerned, as required by the importance and educational

the purpose of the proceedings; It is always necessary to conserve their personality. When dealing with

adolescents must, taking into account their age and intellectual maturity

to do so, in order to avoid disruption of their psychological and social

balance and their further development has been the least affected.



(2) the acts of preliminary proceedings involving a juvenile, performs

as a rule, the police authority designated to act in criminal matters

juvenile persons, the Prosecutor specialized in the youth field or

the youth court judge, unless you cannot ensure the implementation of the Act in such a

law under this Act and of the Act cannot be delayed. It

also applies to the implementation of the request.



Section 3



Youthful



§ 42



The rights of the young person



(1) a juvenile has the right to treatment appropriate to his age, mental,

maturity and health condition.



(2) the Juvenile must have a defence counsel



a) from the time when they are used against him of measures under this

the law or performed operations referred to in the criminal procedure code, including the acts of the

urgent and unrepeatable, unless the Act cannot be postponed and

notification of it to ensure



(b)) in the enforcement process, if the Court decides for the youth in the public

the meeting,



(c)) in proceedings relating to a complaint for a breach of the law, in proceedings on appeal and in

the proceedings on the application for reopening of proceedings, if the Court decides for the youth

in a public meeting,



and it's up to the age of eighteen years of age.



(3) all authorities responsible under this Act are required to always

the young person to learn about his rights and give him full opportunity to

the application of. In appropriate cases, to instruct as well as on the conditions for the conditional

stopping criminal prosecution, settlement or withdrawal of the criminal

prosecution.



§ 43



The legal representative of the juvenile



(1) the legal representative of the juvenile is entitled to represent the young person,

in particular, choose counsel him to do for the young person, to make suggestions for him

applications and remedies; It is also entitled to participate in those operations,

which under the law can participate in the juvenile. For the benefit of

the young person the legal representative may exercise those rights even against his

will.



(2) in cases in which the legal representative of the juvenile can't perform

their rights referred to in paragraph 1 and the risk of default, the President of the

the Senate, and in preliminary proceedings, the Prosecutor shall designate for the exercise of these

juvenile rights guardian. The decision on the provisions of the guardian

the complaint is admissible.



§ 44



Defense Attorney juvenile



(1) an advocate of a juvenile cannot be someone who at the same time represents the person,

whose interests are contrary to the interests of the young person's, and the one who was

juvenile as an advocate for such a person is elected.



(2) If a juvenile He rights to choose defence counsel and, if he chooses, or

his legal representative, can it choose to his relative in the tribe

direct, its sibling, adoptive parent, husband, kind of, as well as interested

person. If the juvenile does not exceed the 18th year of his age, can

so these people do against his will.



(3) a juvenile may instead advocate that he was appointed, or by the person

qualified to do so, choose a lawyer elected another.



Section 4



Damaged



§ 45



The interests and rights of the injured party




(1) the authorities responsible under this Act are required to take account of the

the legitimate interests of the injured party, advised him of his rights and to provide the

the full possibility of their application; the Prosecutor and in the proceedings before the Court

President of the Chamber shall examine the appropriateness and the effectiveness of any of the separate

ways to control the leading inter alia to compensation or other redress for

the harmful consequences of the offence.



(2) the injured party whose address of residence, registered office or place of business is

known, the competent authority must be engaged under this Act

informed, if young declares that it is prepared to damage caused

offence to replace, undo, or otherwise contribute to the settlement of harmful

the consequences of the crime. The same applies in the case that a youthful take on yourself

the obligation, which is of direct concern to the interests of the injured party.



Section 5



Specific provisions on the custody and detention of young person



§ 46



The binding of the young person



(1) a juvenile may be taken into custody only if the purpose cannot be binding

to achieve otherwise.



(2) on the detention, arrest or detention of a juvenile should be without

undue delay inform his legal guardian, his

employer, the probation and mediation service center and

the competent authority of the socio-legal protection of children; in the case of a young person

which were imposed protective education, informed about the educational

a device that performs the protection of education.



§ 47



The duration of the binding



(1) binding in juvenile proceedings must not take longer than two

months, and in the case of particularly serious wrongdoing ^ 23) must not take longer than

six months. After this period may be extended by the binding

up to two more months and in particularly serious wrongdoing by up to

the next six months, if it was not possible for the difficulty of the case or of the

other serious grounds for criminal prosecution in this period come to an end and

juvenile freedom risks being impeded or

made substantially more difficult achievement of the purpose of criminal prosecution. To such

the extension can only occur once in the preliminary proceedings, and once in the

proceedings before the Court for the youth.



(2) to extend the period of pre-trial custody is decided by the judge

District Court for the youth on a proposal from the Prosecutor. The proposal for the

extension of the period of the binding is required to deliver the Prosecutor of this Court

no later than 15 days before the end of the period; the same is obliged to proceed and

If at the time of less than 15 days before the end of the remand period

he lodges indictment.



(3) extending the binding in proceedings before the Court shall be decided by a judge of the Court of

the youth court for the youth, which is the appropriate thing to discuss

or that the matter has already been dealt with. The proposal for the extension of the period of the binding is

Chairman of the Board shall be obliged to deliver the superior court no later than

15 days before the end of the period.



(4) if the proposal is not in the manner referred to in paragraph 2 or 3,

the President of the Senate and in preliminary proceedings the State Prosecutor released

the young person to freedom, no later than the day after the expiry of the period for which it was

the duration of custody is limited.



(5) the time limit referred to in paragraph 1 shall be calculated from the time when the arrest occurred

or detention of the young person or, if no arrest or

detention, since it was based on the decision on custody to limit

the personal freedom of the young person. When returning things to the Prosecutor to

DGA is running period referred to in paragraph 2, the date on which the file is delivered to the

the public prosecutor.



(6) the duration of the binding, which was decided in the context of the extraordinary

remedies ^ 24) shall be assessed separately and independently on the binding in the

the main proceedings.



(7) after the release of the young person from custody may be ordered supervision of probation

official of the juvenile, which may last until the end of the criminal

prosecution. For the exercise of supervision shall apply mutatis mutandis to section 16.



§ 48



Review of reasons links



All the authorities responsible under this Act are required to examine in each

the period of criminal prosecution, whether the reasons for custody persist or whether

have not changed; will vanish if the reason of the binding, it must be immediately released on the youthful

freedom. If it is found to be one of the reasons for the young person to custody, are

the authorities responsible under this Act are required to examine whether more performance

young replace binding action. As soon as will be provided

such measures must be youthful without undue delay

released from custody. The authorities responsible under this Act while in

cooperation with the probation and mediation service and with the competent authority

the socio-legal protection of children.



§ 49



Replace a link with other measures



(1) a young person may be replaced by a guarantee of the Binding, the supervision, the promise ^ 25) or

by placing it in the care of a trustworthy person.



(2) a young person can also replace the Binding financial warranty. ^ 26)



§ 50



The binding of a youthful replacement by placing it in the care of a trustworthy person



(1) the juvenile, in which there are reasons of binding can be a place to

binding entrusted a trusted person, if



and such a person) is willing and able to take care of him, and supervision

above him, in writing, must undertake to take care of the young person and takes over

the responsibility for that youthful summons to appear before the body

acting under this Act and satisfy the other conditions to be determined by the Court,



b) youthful agrees that it shall be entrusted to its care, and in writing

undertaking that he will behave according to the agreed terms and meet other

the conditions laid down by the Court for the youth.



(2) fails to trust a person or young its obligations under

paragraph 1, the authority shall decide on the proposal for a binding ruling on the young person,

a trusted person in whose care the youthful lies, or even without a motion,

that



and this person and the young person) relieved of obligations accepted under

paragraph 1, and



(b)) at the same time designates another trusted person under the conditions referred to in paragraph 1

or take other measures, detention, or if this is not possible,

decide on custody or issues a command to the arrest of the young person.



§ 51



The detention of the young person



(1) a minor under eighteen at the time of detention of the year of your age,

must be located separately from the adults.



(2) the provisions of paragraph 1 shall not apply if



and a juvenile cannot be detained) on the place of performance of the detention

young people due to the need to ensure its security, or

the safety of other persons, or



(b)) is not available for the detention of minors instead of reach.



Section 6



Privacy protection of minors and public management



§ 52



Publication of information



Until the prosecution finally completed, can the authorities responsible

under this Act, publish only such information about the proceedings

against a juvenile, which would not jeopardise the achievement of the purpose of the criminal

management and that are not contrary to the requirement of the protection of the personality of the young person and

of personal data, as well as other persons involved in the management.



§ 53



The scope of the prohibition of publication of



(1) unless otherwise provided in this Act, no person shall in any way

disclose any information that explains the name or names,

and the last name of juvenile, or which contains information that would

allow this youthful to be identified.



(2) the procedure in contravention of paragraph 1 shall not be considered a communication of information

during criminal proceedings, when the purpose of such a procedure is not their

the disclosure, or if the purpose of their quest for teens. The same thing

Similarly a probation officer about the communication of information to other persons,

If their disclosure is necessary for obtaining information relating

to draw up the reports required by law, or without which you cannot

competently perform the supervision of minors or with care,

where applicable, check the fulfilment of the conditions and limitations that have been

established, and ensure the safety of people who come to him

contact.



(3) the persons to whom they were communicated to the information referred to in paragraph 2, shall not

disclose to anyone, if this communication is not required for the purposes referred to in

This provision. Must be advised.



(4) the persons to whom they were communicated to the information referred to in paragraph 2 shall be required to



and) save this information separate from any other record of

teens, to which this information pertains,



(b)) to ensure, unless this Act provides otherwise, that no one else had

access to such information.



§ 54



The main version and a public meeting and publish information about them



(1) the trial and public meetings may only participate

the accused juvenile, his two důvěrníci, ^ 27) his lawyer, legal

representatives and relatives in direct generation, siblings, spouse or companion,

damaged, his agent and confidant, the person concerned and its

Agent, guardians of the injured party and interested persons, witnesses,

experts, interpreters, the competent authority of the socio-legal protection of children,

officials of the probation and mediation service and representative of the school or educational

device. On a proposal from a young person may be a major version, or public

the meeting took place publicly. ^ 28)



(2) publishing information on the progress of the trial or public

the meeting, which would have led to the identification of a juvenile in public

the media or other means, is prohibited. As well as


It is prohibited to publish any text or images

concerning the identity of the young person.



(3) the judgment shall be delivered in a public trial in the presence of

the young person. A final condemning judgement may be published in the

public media only without the indication of the name or

names and surnames of the young person, the young person when a reasonable protection against

the adverse effects of its publication.



(4) the President of the Chamber, having regard to the person of the young person and the nature and

the nature of the wrongdoing to decide



and) further limitations associated with the publication of a final

a conviction not referred to in paragraph 3 for the purpose of reasonable

protect the interests of the young person,



(b)) of the publication of a final conviction, giving the name,

where appropriate, the names and surnames of the young person, as well as of the publication of his

other personal information, if it is a particularly serious offence, and such

the disclosure is necessary for the protection of society.



Section 7



The taking of evidence



section 55



The findings of the ratios of the juvenile



(1) in criminal matters of minors defendants are the authorities responsible under

This Act required to clarify the special care and to prove

the causes of their wrongdoings and the fact relevant to the assessment of their

personal, family and other relationships. The authorities responsible under this Act

exercise all due diligence carried out by all the investigations necessary for knowledge

the personality and the existing way of life of the juvenile, as well as resources

appropriate to its reintegration into society and to prevent the

wrongdoing.



(2) in the proceedings it is necessary to determine whether or not what degree of control and

moral development of juveniles, of its nature, circumstances and environment in which

He lived and was raised, his behavior before and after the perpetration of the offence, and

other circumstances important for the selection of appropriate resources for correction,

including an assessment of whether and to what extent should be saved the educational

measures, protective measures or criminal measures.



(3) the authorities operating under this Act saves the findings of the ratios of the juvenile

the competent authority of the socio-legal protection of children, where appropriate, the Probation

and mediation service.



§ 56



Report on the personal, family and social circumstances and the current the

the situation of the young person



(1) where it is necessary to determine more detailed information for the next procedure

management and for the imposition of the most suitable measures should be drawn up

a report on the personal, family and social circumstances of the young person and

the current situation of the juvenile court to which the youth and

the preliminary proceedings, the Prosecutor shall take into account in the final decision in

things.



(2) the development of a detailed report about the personal, family and social

circumstances of the young person and the young person's current life situation saves

the President of the Senate and in preliminary proceedings, the Prosecutor to the competent

authority of the socio-legal protection of children, where appropriate, the probation and mediation

the service.



(3) the personal, family and social circumstances of the young person and

the current situation of a juvenile must be in writing, if the President of the

the Senate, and in preliminary proceedings, the Prosecutor unless otherwise stated and must

include in particular the age of the young person, its degree of maturity on his

attitude to the offense, and his willingness to rectify the damage caused or

Atonement other consequences, family circumstances, including the relationship

the young person to his parents, the degree of influence of parents on him and the relationship between

adolescents, his extended family and close social surroundings,

schooling, his behavior in school, and if employed,

and really significant for the assessment of its conduct in the workplace, an overview

his previous wrongdoings and the measures used against him, as well as

the description of their performance, including how the behavior of the young person.



§ 57



The questioning of a juvenile



(1) in the hearing of the accused young person should be used with care

to save his personality.



(2) to address a young person can be accessed only in exceptional cases,

in proceedings before the Court for the youth.



§ 58



Mental status examination



(1) the examination of the mental state of a young person with pick up expert of the field

health, psychiatry, specializing in children's

Psychiatry and an expert in the field of health care, or education, the sector

Psychology, specializing in child psychology.



(2) observation of the mental state does not take longer than one month; until that

the time to file a report. At the reasoned request of the experts, the Court may for

Youth and in preliminary proceedings, on a proposal from the Prosecutor, the judge this

deadline may be extended, but not more than one month. Against the decision of the

extending the time period is admissible a complaint.



Section 8



Common provisions on pre-trial



§ 59



General provisions



In matters of misconduct of minors is the State representative shall be obliged to pay

the performance of supervision ^ 29) increased attention; in doing so, ensure that the police

authorities to treat children with care, and organises its activities

so, in order to take advantage of in all appropriate cases, a reasonable

educational measures and special ways of managing.



section 60



Commencement of prosecution



To initiate the criminal prosecution of a juvenile ^ 30) it is appropriate, without undue

delay inform whether or not his statutory representative, the competent authority

the socio-legal protection of children and the probation and mediation service.



Section 9



Common provisions on procedure before the Court



§ 61



Preliminary hearings



(1) in order to facilitate decisions during the preliminary hearing may

President of the Chamber to hear the young person to procure the necessary explanation and

to clarify the circumstances of the juvenile. By clarifying the circumstances a young person may be

commissioned by the probation officer, who also may be asked about the non-judicial

mediation between the accused and the victims in order to determine

conditional cessation of criminal prosecution or settlement.



(2) the President of the Chamber shall order preliminary hearings in criminal

matters of minors even if only if it considers that there are circumstances

justifying the withdrawal from a criminal prosecution pursuant to section 70 para. 1.



§ 62



Decision after preliminary hearing



(1) after the preliminary hearing, the Court may also, for young people

to withdraw from criminal prosecution if the circumstances referred to in section 70

paragraph. 1.



(2) a judge of the Court for a preliminary indictment is not pending, the youth ^ 31)

but according to the results of its review can also withdraw from the criminal

the prosecution, if the circumstances referred to in section 70 para. 1.



(3) against the decision referred to in paragraph 1 or 2, the Prosecutor,

the accused and the injured party to lodge a complaint, which has a suspensory effect.



§ 63



Inadmissibility of the judicial order and the agreement on guilt and punishment



In proceedings in respect of a young person under eighteen years of age, you cannot

issue a criminal command or to negotiate an agreement on guilt and punishment.



§ 64



The main version and a public meeting



(1) unless the proceedings against a fugitive cannot be the main version and the public

the meetings take place in the absence of a juvenile.



(2) concerning the main version and the public session you must also notify the

the competent authority of the socio-legal protection of children. The Prosecutor must be

I always present at a public meeting.



(3) when the main version and a public meeting against the juvenile



and the Court excludes) the public, even if its decided before

public holding pursuant to § 54 para. 1, even if it is on

favour of the young person,



(b) the representative of the competent authority) the socio-legal protection of children has the right to

to make suggestions and give questions examined; the word to his closing speech

It is for after the teens.



(4) during the whole of the trial and the public meeting, the President shall ensure that

the Senate protect the interests of the young person of the accused and the interests of the injured party.



§ 65



The Court's decision in the main proceedings



(1) when making its decision, the Court shall take into account also for the youth to the circumstances

resulting from reports on the personal, family and social circumstances

the young person and the young person's current life situation, if it was requested and

presented to it.



(2) the Court in the main proceedings may also withdraw from the criminal

the prosecution, if the circumstances referred to in section 70 para. 1.



(3) against the decision referred to in paragraph 2, the Prosecutor, the accused

and to file a complaint, which has a suspensory effect.



§ 66



The Court's decision outside the main version



(1) if they come off the main version show the circumstances justifying the

decision pursuant to section 70 para. 1, the Court may withdraw from the

a criminal prosecution.



(2) against the decision referred to in paragraph 1, the State Prosecutor, the accused

and to file a complaint, which has a suspensory effect.



§ 67



Notification of the decision



(1) a copy of the judgment shall be delivered to the competent authority always also socially-legal

the protection of children and the probation and mediation service.



(2) If a representative of the competent authority of the socio-legal protection of children

present at the announcement of the resolution, against which a complaint is admissible

or prosecution which was stopped or interrupted, or thing

referred to, he shall deliver a copy of this resolution.



Section 10



Special ways of managing




§ 68



General provisions



Special ways to control it is possible to use in criminal matters of minors,

only if the suspicion of having committed misconduct appears to be based on

adequate clarification of the facts of the case completely reason and youthful

is ready to assume responsibility for the offence committed, to deal with its

causes and bringing about the removal of harmful consequences of his

wrongdoing. If necessary, you can require that the teens

committed to conduct a restrictive options commit other transgressions.



§ 69



Species specific ways of management



(1) in criminal matters of minors can be used the following specific ways

proceedings:



and conditional cessation of criminal prosecution), ^ 32)



b) settlement ^ 33) and



c) withdrawal from criminal prosecution.



(2) in a decision on conditional postponement of the submission of the proposal for punishment or

on conditional cessation of criminal prosecution, in connection with which the

young has pledged to refrain from certain activities after the trial period, or

composed by a sum of the specified state, on the financial assistance for victims of crime

activities shall be a trial period of six months to three years.



Withdrawal from criminal prosecution



section 70



(1) in proceedings for the offence for which the Criminal Code provides for the punishment of deprivation of

freedom, whose upper limit does not exceed three years, the Court may, for the youth

and in preliminary proceedings, the Prosecutor because of a lack of public

the interest in further prosecution of a juvenile and taking into account the nature and

the severity of the offense and the person of the young person to withdraw from criminal prosecution

the young person, if the



and the prosecution is not practical), and



(b) the punishment is not necessary) to prevent a juvenile from committing other

wrongdoing.



(2) the decision on the withdrawal from the prosecution is also the operative part

to stop a prosecution for an offence which was seen as a

misconduct, which is withdrawing from the prosecution refers to.



(3) to withdraw from criminal prosecution can be especially the case if the

young has already succeeded suitable probation program was totally or

at least partially, replaced by the harm caused by the offense and corrupted with

such compensation agreed was completely or at least partially returned

unjust enrichment obtained the offense and corrupted with such scope

the return of unjust enrichment or agreed it was a juvenile

say the admonition and warning such a solution can be considered from

the purpose of the proceedings.



(4) against the decision referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect. Damaged is to withdraw from criminal prosecution

notify.



(5) in a prosecution of a juvenile, which of the abovementioned was, however,

continues, if youthful, within three days from the time when he was

resolution on withdrawal from the prosecution announced that the consultation

the case takes. It should be about that of the accused.



(6) if it was ceded from the criminal prosecution of a juvenile and in

proceedings shall be continued only because of that youthful on the hearing of the case,

Youth Court finds reason to discharge the young person expresses

While the blame, however, shall not impose punitive measures.



§ 71



Withdrawal from criminal prosecution shall be recorded as a fact relevant to the

the criminal proceedings by a special Act. ^ 34)



Section 11



Remedies and procedures



§ 72



Persons entitled to remedies



(1) the remedies in favour of a juvenile may be filed, even against the

his will, the competent authority of the socio-legal protection of children; deadline to submit

the appeal he is running separately.



(2) a complaint may be made in favour of the young person whether or not his relatives in

the tribes live, its sibling, adoptive parent, husband, and friends; the time limit for

lodging a complaint against them ending the same date as a juvenile.



(3) the application for the permit retrial against the accused may submit a

only the Prosecutor within six months from the time when he learned of the

the facts justifying the request for the permit renewal, not more than

However, by the end of the half the time limitation of prosecution.



Section 12



Common provisions



section 73



(1) special provisions concerning criminal procedure in matters of juvenile

He



and in proceedings for wrongful acts), that the accused committed first, before the age of

the eighteenth year, and after its completion, if the criminal code on

of an offence committed after the completion of the 18th year provides for the punishment of the same or

more stringent, or



(b)) if the prosecution until after the completion of the nineteenth year

the young person.



(2) the provisions of this Act on the participation of the social and legal protection

children, he, if the Act is carried out after the completion of the nineteenth

of the age of the young person.



Section 13



Enforcement of judgments



§ 74



General provisions



If the title does not contain special provisions, to be used at the power

protective and punitive measures, the General provisions of the criminal procedure code of

the performance of the corresponding protective measures and penalties.



§ 75



The scope of the probation and mediation service in the performance of the decision



(1) the probation and mediation service provides in proceedings under this Act

supervision of minors and, in cases where supervision has not been saved, it performs

actions directed to the youthful led during the trial proper

life, if it was decided to



and release the young person from) the bindings in the current supervision,



(b)) on conditional cessation of criminal prosecution,



(c)) on conditional abandonment of criminal measures with supervision,



d) imposing a community service work while saving educational

measures,



(e) the financial measures) with a conditional postponement of performance,



f) on conditional sentencing, including conditional sentencing with supervision,



g) on conditional release from the execution of imprisonment, including conditional

the release from the execution of imprisonment while the imposition of surveillance, and



h) imposing other criminal, protective and educational measures and the Court

forward the matter to the probation and mediation service.



(2) a Probation Officer may be delegated by the President in the enforcement procedure

the discovery of the necessary data to the Senate about the person of the young person and his

proportions.



§ 75a



The performance of the judicial expulsion measures



Unless the minor is a citizen of the European Union, expelled within two

years from the final save of the criminal measures of expulsion, the President of the

the Senate Court verifies that no fact, for which

the penalty of expulsion cannot be saved.



§ 76



The performance of the judicial measures involving deprivation of liberty



The performance of the judicial measures involving deprivation of liberty regulates the special law.



§ 77



The specific reason for the delay of enforcement of criminal measures involving deprivation of liberty



(1) the performance of imprisonment not exceeding one year stored juvenile

can be used on its proposal to postpone the time required to complete his education

or other training, but no longer than for a period of two years.



(2) If a juvenile at the time of delay did not commit any wrongdoing or

crime and successfully completed your training or other preparation for

profession, the Court may, for the youth, taking into account the nature and gravity of the

committed wrongdoing, to the length of the education or other training,

the person of the young person and his or her circumstances, decide to forgo the exercise of withdrawal

freedom.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



(4) if it has been dropped from the performance of the deprivation of liberty referred to in paragraph 2, the visor

the young person, as if he has been convicted.



§ 78



Conditional release of juveniles



(1) a young person may, at the proposal of the State Prosecutor or the Director of the prison

conditionally release from performance under the conditions of imprisonment provided for in

the criminal code ^ 35) even before it executes its third, half or

two-thirds.



(2) the conditional release pursuant to paragraph 1 shall be determined by the Court trial

at the time, convicted of a misdemeanor for up to three years and convicted of a crime

up to five years.



§ 79



Reclassification of juvenile



(1) Complete the youthful performance in the 19th year of his imprisonment

age, the youth court may decide that the convicted person by transferring to the

prison for other prisoners. When making a decision into account in particular

achieved the degree of his re-education and to the length of the rest of the criminal measures.

By transferring the Court convicted to a prison for other

the convicted must also decide on which type of prison will be

a convicted criminal for more performance measures included.



(2) the decision on the reclassification of the convicted person to the prison to other prisoners

is always considered the decision of the redeployment to the prison with the more restrictive

regime.



§ 80



Supervision by a probation



(1) the supervision, the Court shall order the President of the Senate for the youth and in the

preliminary proceedings, the Prosecutor, probation and mediation service centre,

in whose district the juvenile lives or resides.



(2) a Probation Officer when exercising supervision shall supervise the fulfilment of the obligations

imposed on a juvenile, and for this purpose also regularly visits

a juvenile over which exercises supervision in his home, in the workplace and

in the school.



(3) assistance and guidance of the probation officer carries out within the framework of the preparation and


implementation of individually crafted probation supervision plan

adolescents.



(4) where a youthful, which was saved by the sight, seriously or

repeatedly and monitoring requirements, or other imposed educational measures,

It shall inform the probation officer without undue delay, the President of the Senate

Court and, in preliminary proceedings the State Prosecutor that supervision

saved by. In the case of less serious infringements laid down the conditions and

educational measures, juvenile probation officer may grant an alert;

However, these alerts may be granted not more than two in any one

of the year. Grant alerts is not decision pursuant to the criminal procedure code.



(5) unless otherwise provided by the President of the Senate or in preliminary proceedings the State

otherwise, the representative processes the probation officer at least once every six months

a report, which shall inform the President of the Chamber of the Court for youth and in

preliminary proceedings, the Prosecutor, who ordered the surveillance, on the progress of

supervision of minors, on the implementation of educational measures imposed

adolescents, and of his personal, family and social circumstances, and

the current living situation.



§ 81



Changing the educational measures



(1) the amendment or repeal of the measures decided in the public education

meeting of the Court, that the educational measures imposed, on a proposal from the

the Prosecutor, a probation officer, the competent authority

the socio-legal protection of children, or even without such a proposal.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



(3) the amendment or repeal of educational measures pursuant to paragraph 1 shall decide

the Court within 30 days from the initiation of the proceeding.



§ 82



The performance of protective care



(1) a protective education is carried out in educational establishments; If required by the

This, however, the State of health of the young person, has his admission into care

providers of health services take precedence over power protection

education.



(2) the President of the Chamber shall order protective care diagnostic Institute

by a special Act. ^ 7)



(3) If a juvenile is not in custody and there is concern that he will flee, he may

President of the Chamber to provide before the onset of a reasonable period to provide for the

his affairs.



section 83



The abandonment of the performance of protective care



(1) the abandonment of the performance of protective care prior to its commencement, shall decide

the youth court that protective rehabilitation order, and it is in the public

the meeting on the proposal of the State Prosecutor, a probation officer, the competent

authority of the socio-legal protection of children, or even without such a proposal.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 84



Release from protective care



(1) the release from protective custody shall act in the public meetings of the

District Court, in whose district the conservation education and

on the proposal of the State Prosecutor, the competent authority of the socio-legal

protection of children, probation, juvenile, or educational

device, or even without such a proposal.



(2) if the proposal referred to in paragraph 1 has been submitted to educational facilities, is

prior to the decision should be to listen to the representatives of this device.



(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 85



Conditional location outside educational establishments



(1) conditional location outside the juvenile educational facility in which

protective rehabilitation exercises, shall act on the proposal at a public hearing

the public prosecutor, the competent authority of the socio-legal protection of children,

the probation officer, educational facilities, at the request of the young person, or

even without such a proposal, the District Court in whose district the

protective education.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 86



Extension of the protective care



(1) for an extension of protective care is decided in a public meeting

District Court, in whose district the conservation education and

on the proposal of the State Prosecutor, the competent authority of the socio-legal

protection of children, probation, or educational facilities, or even

without such a proposal.



(2) if the proposal referred to in paragraph 1 has been submitted to educational facilities, is

prior to the decision should be to listen to the representatives of this device.



(3) to extend the protective upbringing can be only if it was with her

the exercise has already started.



(4) against the decision referred to in paragraph 1 shall be admissible complaint.



§ 87



Change of protective care



(1) the change of protective care in institutional care and vice versa shall be decided in

public meetings of the District Court in whose district the trade

education or institutional care is exercised, on the proposal of the public prosecutor,

the probation officer, the competent authority of the socio-legal protection of children,

educational equipment, or young, or even without such a proposal.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 88



Deletion of conviction



(1) the deletion of the conviction a youthful President shall decide the Senate Court

for the youth, who ruled in the case in the first instance, without design or

request.



(2) the decision on the deletion of the conviction is admissible a complaint that

shall have suspensive effect.



Part 8



International judicial cooperation in criminal matters of minors



section 88a



(1) by decision imposing juvenile replacement measures binding

that can be subject to conditions laid down by the law on international

judicial cooperation in criminal matters be sent to another Member State to

recognition and enforcement procedure laid down in part five, title IV, parts 2 and 3 of the law on

international judicial cooperation in criminal matters, a final decision

the decision of the public prosecutor or the Court, that it was decided to

leaving the accused young person at large or for his release from the

links for the current binding replacement guarantee, promise, supervision

by a probation or provisional measures provided in the code of criminal procedure, or

by placing it in the care of a trustworthy person under this Act.



(2) by decision imposing a pecuniary sanction or other juvenile

cash transactions which may be subject to conditions laid down by the law on

international judicial cooperation in criminal matters sent to another

Member State to recognition and enforcement procedure laid down in Title VI of part five

Part 2 of the Act on international judicial cooperation in criminal matters, it is

the final decision of the Court was saved cash measures,

or which was ordered conditionally deferred financial performance measures

or that the decision was made on the obligation of a convicted juvenile to

reimbursement of costs of the criminal proceedings in favor of the State, as well as the decision of the

Authority participating in criminal proceedings, which was juvenile in criminal

management of stored riot fine.



(3) the Decision imposing the forfeiture or asset prevents a juvenile

or things that can be subject to conditions laid down by the law on

international judicial cooperation in criminal matters sent to another

Member State to recognition and enforcement procedure laid down in Title VII of part five

Part 2 of the Act on international judicial cooperation in criminal matters, it is

the final decision of the Court has been saved



and criminal confiscation measures),



(b)) the confiscation of replacement values at a yield of crime,



(c) protective measures to prevent things) or other assets, or



d) prevents the replacement values under the proceeds of crime.



(4) the Decision imposing the penalty associated with juvenile detention

personal freedom, which can be subject to conditions laid down by the law on

international judicial cooperation in criminal matters sent to another

Member State to recognition and enforcement procedure laid down in title VIII of part five

Part 2 of the Act on international judicial cooperation in criminal matters, it is

the final decision of the Court was imposed punitive measures

unconditional imprisonment or it was decided his performance the rest of the,

including the cases where it was decided to conditionally deferred performance

criminal measures involving deprivation of liberty, the performance of the replacement of the criminal

measures involving deprivation of liberty for criminal measures betrothed party house arrest

or cash, or criminal measures which have been on the unconditional withdrawal of the

freedom transformed criminal measures in General, community service, or

imposing security detention, institutional protective treatment or

protective education.



(5) the Decision imposing the penalty of juvenile detention nespojenou

personal freedom, supervision or restrictions or obligations that can be

compliance with the conditions laid down by the law on international judicial cooperation

in criminal matters sent to another Member State to the recognition and enforcement of

procedure laid down in Title IX of part five of the part 2 of the Act on international judicial

cooperation in criminal matters, it is the final decision of the Court

He was a juvenile, against whom it has been conditionally waived the imposition

criminal measures, which was conditionally suspended the exercise of criminal

measures involving deprivation of liberty, or who has been conditionally released from exercise of

criminal measures involving deprivation of liberty, saved by a probation supervision,


the obligation to submit to the probation program, educational obligation or

educational restrictions, and the final decision of the Court was

juvenile penal measures imposed house arrest, in General

community service, prohibition of the activities of the entry ban on sports,

cultural and other social events or outpatient treatment.



(6) for the enforcement of another Member State leading to

juvenile, which has been recognised under the procedure provided under the fifth titles IV, VI,

VIII and IX of the Act on international judicial cooperation in criminal matters,

proceed under this Act and under the criminal procedure code.



TITLE III



PROCEEDINGS IN THE CASES OF CHILDREN UNDER 15 YEARS OF AGE



§ 89



A child under 15 years of age



(1) a child under the age of 15 years is not criminally responsible.



(2) if he is a child under 15 years of age a crime otherwise criminal,

the Court shall take measures necessary for youth to remedy it, which are

listed in § 93 (hereinafter referred to as "precautions").



(3) an act of a child under 15 years of age, which is the other

unlawful offence than is provided in paragraph 2, shall be assessed and

dealt with in accordance with the General regulations.



§ 90



Initiation of proceedings



(1) a child younger than fifteen years that it has committed the crime or else

the criminal, you can save it to draft measures State Prosecutor's Office. State

the Prosecutor's Office is required to submit a proposal without delay, then, as soon as

learns that the prosecution is inadmissible because it is a person who

It is not for lack of the age of criminal responsibility.



(2) the procedure for the imposition of measures the child younger than fifteen

years old who committed the crime or else a criminal, acting on a proposal from the

the Prosecutor's Office in accordance with paragraph 1, the Court

initiate without an application.



(3) the procedure for application for the imposition of measures the child younger than fifteen

years old who committed the crime or else a, submitted by someone other than

the public prosecutor Court stops. This does not preclude the initiation of

youth court proceedings referred to in paragraph 2.



§ 91



Parties to the proceedings



(1) the proceedings for the imposition of measures the child younger than fifteen

years old who committed the crime or else a criminal, are a minor child

the competent authority of the socio-legal protection of children, the child's legal guardians,

the person to whom the custody, care or other similar

as well as other persons whose rights and obligations to be in control

of the branch. If the proposal submitted pursuant to § 90 para. 1, is a participant in the proceedings also

the State Prosecutor's Office.



(2) a guardian of the child for the management of the youth court will appoint a lawyer.

The lawyer of the exercises its authority and after reaching the age of the child until

the termination of the proceeding in respect of a child under 15 years of age.



§ 92



The negotiations



(1) in the management of the child may not be heard, if his acts, in which

It is considered to act otherwise, criminal, reliably proven other way.

His opinion in a case must always be detected.



(2) unless the Court otherwise, there are discussions on matters

the imposition of measures the child younger than fifteen years that it has committed

otherwise the criminal offence, to the exclusion of the public; participation at the hearing, the Court

Youth always allow officials of the probation and mediation service.



(3) the provisions of § 52 to 54 shall apply mutatis mutandis.



§ 93



Measures



(1) if he is a child under 15 years of age a crime otherwise criminal, can

the Court for youth, generally on the basis of the results of

previous educational-psychological examination, these measures



and educational obligation)



(b) educational restrictions)



(c) a warning admonition)



(d)) inclusion in the therapeutic, psychological or other suitable

the educational program in the Centre for educational care ^ 7),



(e) supervision by a probation,)



f) protective rehabilitation,



g) protective treatment.



(2) protective rehabilitation Court saves a child who committed an offence

under the Criminal Code permits the imposition of special punishment, and that in the

the time of committing a crime have the twelfth year of his age and younger

fifteen years old.



(3) a protective upbringing may be imposed whether or not the child who at the time of

the crime was under the age of 15 years, if justified by the nature of the committed offence

otherwise the criminal and if it is absolutely necessary to ensure its proper

education.



(4) protective treatment, the Court may for youth child younger

fifteen years, based on the results of the previous examination of the intellectual

the State of the child (section 58), if committed an act otherwise criminal



and in a State of induced mental) disorder, or



(b)) under the influence of drugs or in connection with the abuse,

in the case of a child who enjoys the abuse of such substances,

and his stay at liberty without the imposition of protective treatment is dangerous.



(5) according to the nature of the disease and treatment options Court stores

protective treatment inpatient or outpatient. The Constitutional Court may for healing

Youth change retrospectively on outpatient treatment, and vice versa. Protective treatment

It will take as long as it requires its purpose. The youth court at least once a

twelve months shall examine whether the grounds for further continuation of the protection

Healing continues, otherwise it is cancelled.



(6) The supervision by a probation is taking into account the age of the child

apply mutatis mutandis the provisions of § 16 para. 1, 2 and 3 and § 80 para. 1, 3, 4 and

5. Probation Officer in the exercise of supervision also regularly visited by child

under the age of 15 years, over which exercises supervision, in his residence and in the

school.



(7) for storage of educational duties, educational constraints and admonitions

with the alert, taking into account the age of the child apply mutatis mutandis

the provisions of sections 18, 19 and 20. These measures can a child under the age of fifteen

years to save only a youth court.



(8) the imposition of measures pursuant to paragraph 1, the Court shall ensure the youth

educational effects on the child and monitor the effect and preventive measures.

A child can measure referred to in paragraph 1 save up to the age of eighteen years of age

age, with the exception of the protective treatment that can save and carry on even after

age of eighteen years of age of the child.



(9) the child can be simultaneously saved even more measures if needed

to achieve the purpose of this Act (section 1, paragraph 2).



(10) the Court may waive the imposition of measures, it is sufficient to

the purpose of this Act (§ 1 paragraph 2) discussion of the crime of child

a public prosecutor or court for the youth.



(11) the imposition of measures for the youth court shall be decided by the judgment. About

the rejection of the proposal of the State Prosecutor, terminating the proceedings about the abandonment of the

the imposition of measures, about changing a saved measures and repealing the saved

measures shall be decided by the Court for the youth resolution.



§ 94



The publication of the results of the proceedings



(1) the outcome of the proceedings for the imposition of the measures child younger than fifteen years,

that has committed the crime or else a criminal, it can be published in the

public media just after the decision,

which the proceedings were completed, and without mentioning the name and surname of the child,

other participants in the proceedings and their guardians, or other representatives.



(2) exemptions to the prohibitions of publication referred to in paragraph 1 may be enabled in the

where justified, the Court for the youth.



§ 95



To pay the costs



(1) for the provision of legal services in the performance of functions of a guardian of the child

It belongs to the lawyer the reward, compensation and reimbursement of cash expenses for loss

time in the amount and under the conditions laid down by the specific legislation; ^ 36)

the amount of remuneration is governed by the provisions of the special legal

Regulation on non-contractual remuneration.



(2) the Remuneration, reimbursement of cash expenses and compensation for loss of time for the

provided by the legal services is obliged to pay the State. In justified

cases, the State provides a lawyer upon request reasonable advance.



(3) in justified cases, the Court shall grant State compensation

the costs incurred by payment of the remuneration, reimbursement of cash expenses and

compensation for loss of time, the lawyer referred to in paragraph 2, and this against the child,

his legal representatives, persons whom the custody

or other similar care, or against other persons for whose

rights and responsibilities in the management of the branch, was, if it was saved some of the

the measures referred to in section 93 para. 1 if it's fair for them to ask

and if it is justified by the matrimonial property regime. If the reimbursement of costs

saved to more persons are required to provide the State together and

severally liable.



§ 95a



The performance of the protective treatment



(1) the performance of the protective treatment of court for youth healthcare

the device, in which the protective treatment done. Performance regulation

the protective treatment of youth court for the purposes of medical equipment

Appends a copy of the expert's report, the Protocol on the questioning of an expert or a copy of the

medical reports about the health of a child under 15 years of age, if the

in the course of the proceedings have been provided with. If a child which has been saved

institutional protective treatment, while at large dangerous for their

around, the Court shall arrange for its delivery to, without delay, to the youth of the medical

equipment; otherwise, prompts through his parents or other


the legal representative or the person to whom the custody or

other similar care to the onset of the protective treatment within a reasonable time,

also provides. If a child does stored in protective treatment

the prescribed time limit, the Court may, for the youth in the constitutional protection treatment

to order his delivery in the health care facility or in ambulatory

the protective treatment requires its presentation in conjunction with the competent

by State authorities.



(2) the Court shall request the medical equipment, announced to him, when

It was with the performance of the protective healing started. At the same time asks the medical

the device that the Court has made a forthwith a report, if

the reasons for the continuation of the protection or treatment

the reasons for his change. If the protective treatment done to

one year after its commencement, it was decided on its cancellation, it shall

medical devices for at least two months before the expiry of a period of one

year from the beginning of the performance of the protective treatment or from a prior decision

on its continuation proposal for its continuation. In the proposal on the

release from protective treatment, in its amendment or repeal or

the proposal for its further continuation of medical equipment will describe the progress and

the results of the protective healing and give the reasons for the proposed route. About

It should be a medical facility.



(3) on how to change the performance of the protective treatment by the Court for youth

on the proposal of the medical device, the Prosecutor, of the child, on which the

protective treatment, shall be exercised by the legal representative of the child, the competent authority

the socio-legal protection of children, or even without such a proposal.



(4) the Court for youth on the basis of the requested reports tracks performance

the protective treatment and at least once every 12 months from the beginning of his

performance or from a prior decision on its continuation will examine whether

the reasons for the continuation of the problem. Its further continuation

the protective treatment or stored the protective healing decides

Youth Court on a proposal from the health care facility, public prosecutor,

the child, in which it is carried out protective treatment, legal guardian of the child,

the competent authority of the socio-legal protection of children, or even without such

the proposal.



§ 96



The use of the rules on civil procedure



Unless otherwise provided in this Act, a youth court shall proceed, in the proceedings

under this title under the provisions governing civil proceedings.



TITLE IV



COMMON AND TRANSITIONAL PROVISIONS TO THE FIRST



§ 97



(1) if other provisions speak of punishment, it is understood by them according to the nature of the

things also criminal measures under this Act.



(2) if the other provisions speak of criminal proceedings, is meant to cover by

the case also juvenile proceedings under this Act.



§ 98



On proceedings in cases in which the prosecution has been filed prior to the date of acquisition

the effectiveness of this law, the existing provisions are used.



PART TWO



cancelled



§ 99



cancelled



PART THREE



Amendment to the criminal procedure code



§ 100



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by Act No. 59/1965 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. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

Court of the United States published under no. 214/1994 Coll. of the award

The Constitutional Court of the Czech Republic published under no. 8/1995 Coll., Act

No. 152/1995 Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act

No 148/1998 Coll., Act No. 166/1998 Coll., Act No. 191/1999 Coll., Act

No 29/2000 Coll., Act No. 30/2000 Coll., Act No. 227/2000 Coll., the award

The Constitutional Court of the Czech Republic published under no. 77/2001 Coll., Act

No 144/2001 Coll., Act No. 265/2001 Coll., Constitutional Court of the Czech

Republic published under no. 424/2001 Coll., Act No. 220/2002 Coll.

Act No. 229/2002 Coll. and Act No. 320/2002 Coll., is amended as follows:



1. In article 2 (2). 10, after the word "this", the words "or a special".



2. § 36 odst. 1 at the end of subparagraph (b)) the following the word "or", and

subparagraph (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



3. In § 36a para. 1, point (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



4. In § 36a para. 2 (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



5. In section paragraph 265r 3 the words "(a). a) to (d)) "shall be replaced by" subparagraph (a). and)

(c)) ".



6. In § 278 paragraph. 1, the words "referred to in § 26 para. 5 and 6 "shall be replaced by

the words "referred to in § 26 para. 6 and 7 ".



7. under the third head of the 20th the first section heading is added: "the management of the

matters of minors ".



8. § 291:



"§ 291



Legislation management



Proceedings in criminal matters of minors regulates the special law. If

the special law does not provide otherwise, the procedure under this Act. ".



9. § 292 to 301 shall be deleted.



10. In article 314e para. 4) repealed.



Subparagraph (b)) to d) are known as a) to (c)).



11. in part three, title twenty-first in the title section of the fifth, the words

"protective care" shall be deleted.



12. § 354-357 shall be deleted.



13. in paragraph 363, the second sentence shall be deleted.



14. In article 364, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



PART FOUR



Changing the law on misdemeanors



§ 101



In Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992

Coll., Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993

Coll., Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 84/1995

Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 288/1995

Coll., Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999

Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000

Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000

Coll., Act No. 366/2000 Coll., Constitutional Court of the Czech Republic

published under no. 52/2001 Coll., Act No. 164/2001 Coll., Act No.

254/2001 Coll., Act No. 265/2001 Coll., Act No. 273/2001 Coll., Act No.

273/2001 Coll., Act No. 312/2001 Coll., Act No. 6/2002 Coll., Act No.

62/2002 Coll., Act No. 77/2002 Coll., Act No. 218/2002 Coll., Act No.

259/2002 Coll., Act No. 285/2002 Coll., Act No. 312/2002 Coll., and act

No. 320/2002 Coll., section 26:



"section 26



Offences in the area of youth justice



(1) the offense is committed by whoever in violation of the law shall publish

information about wrongdoing or information from the youthful protest procedure in

things a young person, or information from proceedings in respect of a child under

15 years outlining his name, surname or other circumstances,

which can be said to his person, or who shall publish, in the context of the

Portrait of a young person or a child under fifteen years of age.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 50,000. "



PART FIVE



Amendment of the Act on the execution of prison sentence



§ 102



Act No. 169/1999 Coll., on the imprisonment and amending

some related laws, as amended by Act No. 359/1999 Coll., Act

No. 3/2002 Coll. and Act No. 320/2002 Coll., is amended as follows:



1. in article 1, the following paragraph 3 is added:



"(3) the exercise of a penalty under this Act also means the performance of criminal

the measures of deprivation of liberty imposed on a juvenile; its performance is monitored

to achieve the objectives laid down by law on the judiciary in matters of youth. ".



2. In article 65 paragraph 1. 2 the words "educational establishments" shall be replaced by

"the school facility for institutional or protective care."



PART SIX



Amendment of the Act on the enforcement of binding



§ 103



Act No. 293/1993 Coll., on remand, as amended by Act No. 211/2000 Coll.

Act No. 258/2000 Coll. and Act No. 3/2002 Coll., is amended as follows:



1. In section 26a para. 1 the words "educational establishments" shall be replaced by

"school facilities for institutional upbringing or protective custody".



2. In section 26a para. 2 the words "educational establishments" shall be replaced by

"school facilities for institutional upbringing or protective custody".



PART SEVEN



The EFFECTIVENESS of the



§ 104



This Act shall take effect on 1 January 2000. January 1, 2004.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.



1) Penal Code.



The criminal procedure code.



Code of civil procedure.



Act No. 94/1963 Coll., on the family, as amended.



Act No. 359/1999 Coll. on social and legal protection of children, as

amended.



2) § 12 para. 1 to 5 of the code of criminal procedure.



3) § 13, 20, 21, 24, and 111 of the criminal code.



4) § 34 paragraph 1. 2-5 of the criminal code.



5) § 35 of the Penal Code.



6) § 41 and 42 of the criminal code.



6) § 59 of the criminal code.



7) Act No. 109/2002 Coll. on the execution of institutional care or protective

education in school facilities and on preventive educational care in

school facilities and amending other laws.



8) section 99 of the Penal Code.



8A) section 100 of the criminal code.



9) § 101 to 104 of the criminal code.



10)



10) § 99 to 104 of the criminal code.



11) section 43 of the criminal code.




12) section 37 of the criminal code.



12) section 44 of the criminal code.



13) § 45 and 45a of the criminal code.



13) § 62 to 65 of the criminal code.



13A) section 76 and 77 of the Penal Code.



14) section 57 of the criminal code.



14) of section 80 of the criminal code.



15) § 67 to 69 of the criminal code.



16) § 58 para. 3 of the criminal code.



17) § 40 paragraph 2. 2 of the criminal code.



18) § 81 to 83 of the criminal code.



19) § 84 to 87 of the Penal Code.



20) § 82 para. 1 of the criminal code.



21) § 94 paragraph. 2-5 of the criminal code.



22) section 95 of the criminal code.



23) § 14 para. 3 sentence under the criminal code by semi-colons.



24) § 265o para. 2, § 275 paragraph 2. 3, § § 314k and paragraph 287. 1 of the criminal

of the order.



25) § 73 of criminal procedure.



26) section 73a of the code of criminal procedure.



27) section 201 of paragraph 1. 2 of the code of criminal procedure.



28) § 199 penal procedure.



29) § 157 paragraph. 2 and § 174 the criminal procedure code.



30) § 160 of criminal procedure.



31) § 314c code of criminal procedure.



32) § 307 and 308 code of criminal procedure.



33) § 309-314 of criminal procedure.



34) Act No. 266/1994 Coll., on criminal records, as amended by Act No.

126/2003 Coll.



35) section 88, 89 and 91 of the criminal code.



36) Decree No. 177/1996 Coll., on the remuneration of lawyers and compensation lawyers

for the provision of legal services (lawyer's tariff), as amended

regulations.