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.