45/Sb.



LAW



of 30 March 2004. January 2013



on victims of crime and amending some laws (law on victims

offences)



Change: 77/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE RIGHTS OF CRIME VICTIMS AND AID FOR STRUCTURES PROVIDING ASSISTANCE

VICTIMS OF CRIME



TITLE I OF THE



GENERAL PROVISIONS



§ 1



The subject of the edit



This law incorporates the relevant provisions of the European Union "^ 1") and modifies the



and) the rights of victims of crime,



(b)) the provision of financial assistance to victims of crime by the State and



c) relations between the State and the entities that provide services to victims

criminal offences.



§ 2



Definition of terms



(1) for an offence shall, for the purposes of this Act shall be deemed to also act differently

the criminal.



(2) a victim means a natural person who has been or should be a criminal

offence to harm to health, property or non-material damage caused by the

or at the expense of the perpetrator of the criminal offence has enriched.



(3) if the criminal offence Was caused by the death of the victim, the victim shall be deemed to

whether or not her relative in the tribe live, sibling, osvojenec, adoptive parent,

spouse or registered partner or a species, if the person. If

These people more, it is considered a victim of any of them.



(4) a particularly vulnerable victim for the purposes of this Act, subject to

the conditions referred to in paragraph 2 or 3 shall mean



and a child)



(b)) a person who is affected by physical, mental or psychological

disabilities or sensory impairment, which, in conjunction with the various

barriers may impede the full and effective application of this person in the

of the company in relation to its other members,



(c)), the victim of a crime of human trafficking (section 168 of the Criminal Code),



d) victim offence against human dignity in the sexual area or

the crime, which involved violence or the threat of violence, if the

in the specific case of the increased danger of causing secondary injury, in particular,

having regard to the age, gender, race, ethnicity, sexual orientation,

religion, State of health, intellectual maturity, the ability to

comment, the situation in which it is located, or with respect to

relationship to a person suspected of having committed an offence or a dependency on

her.



(5) a secondary injury for the purposes of this Act, the injury that

the victim was not caused by a criminal act, but as a result of access

Police of the Czech Republic, the bodies active in criminal proceedings and of other

public authorities, health services providers, agencies

registered in the registry of victim assistance providers,

experts, interpreters, advocates and the media.



(6) an accredited body means a legal person that has been

by decision of the Ministry of Justice (hereinafter referred to as "the Ministry")

granted accreditation under section 42.



§ 3



The basic principles of



(1) any person who feels to be a victim of the offence is committed

to be considered a victim, doesn't work if it turns out otherwise, or unless it is absolutely

clearly an abuse of the position of the victim pursuant to this Act. On the position of the

the victim has no effect, if the offender has not been identified or convicted.



(2) the Czech Republic Police, law enforcement authorities and other

public authorities, bodies registered in the registry of providers to help

victims of crime, health service providers, experts,

interpreters, advocates and the media have an obligation to respect the

the personality and dignity of the victims, to access the victim politely and gently and

According to options to meet her. Against the victims of progress, taking into account

her age, State of health, including the mental state, its

intellectual maturity and cultural identity so as to avoid

the deepening of the injury caused to the victims of the criminal offence or to the secondary injury.



(3) it is for the victim's rights under the law, regardless of race,

ethnic origin, nationality, gender, sexual orientation, age, health

disability, religion, belief or world view. It is for the victims

rights under this law, regardless of their country of citizenship,

unless otherwise provided by this Act.



(4) the Czech Republic Police, law enforcement authorities and bodies

registered in the registry of victim assistance providers have

the obligation to inform the victim in a meaningful way about their rights and

to allow their full application. At the request of the victims are thus required to

do this repeatedly.



(5) the police of the Czech Republic and authorities active in criminal proceedings

cooperate in providing assistance to victims with the entities providing

assistance to victims of crime.



TITLE II



THE RIGHTS OF VICTIMS OF CRIMINAL OFFENCES



Part 1



The right to support



§ 4



Support Center



Entities registered in the registry of victim assistance providers

provide for the victims in a statement, the extent and under the conditions laid down in this

by law or other legislation support, which means the

psychological counseling, social counselling, legal aid,

the provision of legal information or restorative programs before

the initiation of criminal proceedings, during and after pregnancy. Microsoft product support services

provide assistance until it requires of its purpose.



§ 5



No-charge support



(1) entities registered in the register of providers of assistance to victims of crime

victims have an obligation to provide technical support without undue delay

free of charge on application to particularly vulnerable victims, that this assistance

needs. This does not apply in the case of the victim of the offence to neglect

mandatory nutrition (§ 196 of the Criminal Code), if the offence did not arise

the risk of an emergency or permanent negative effect.



(2) paragraph 1 shall not preclude entities registered in the registry

victim assistance providers, provide support

free of charge and other victims; other legislation relating to the provision of

These services are not affected.



§ 6



Legal aid and the provision of legal information



(1) Legal assistance to victims, on request, is provided free of charge for the

conditions and within the limits laid down in a law.



(2) Legal assistance to the victims under this Act may provide for remuneration

only lawyers.



(3) the bodies accredited for the provision of legal information and Probation

and mediation service under this Act may provide for victims of crime

victims legal information.



Part 2



The right to information



§ 7



Access to information



The victim has in the statutory extent the right of access to information,

relating to the case which became the victim of a crime.



§ 8



The information provided to victims by the police of the Czech Republic, the police authority

and the public prosecutor



(1) as soon as the police of the Czech Republic or the police authority gets into the

the first contact with victims of crime, inform it even without a request for

Tom,



and) for which a particular institution may submit a notice of facts

indicating that a crime has been committed, and passes the victim's contact

on this authority,



(b)) in which the entities registered in the register of providers of assistance to victims of

crime victims can turn with a request for technical assistance and in what

conditions has the right to provide free support, and passes to the victim

contacts on these bodies,



c) under what conditions has the right to take measures to ensure the safety of

under another law (section 14), the



(d)) for which a specific authority gets additional information about the case in which

It has become the victim of a crime,



(e)) what stage of the procedure following such a report and what is the role

the victims in the following phases,



(f)) for which a specific authority, and how to apply for

information according to § 11 para. 1 and 3, and forward to the victims of this authority, contact



g) under what conditions and to what extent has the right to financial assistance,

including lessons on the time limit for the submission of the application,



h) for which authority and how they can seek redress if

its rights are violated by a public authority or it is not allowed to

their full implementation,



I) about what measures to protect its interests may ask, if the victim has

residence in another Member State of the European Union,



j) what other rights it has under this Act.



(2) the information referred to in paragraph 1 shall be made in writing to the victim. Information

referred to in paragraph 1 (b). a) to (d)) should be victim also clearly

verbally explained.



(3) if the notice of Accepts the facts indicating that it has been

committed a crime, the Prosecutor is obliged to sacrifice in writing and orally

inform without request in the range referred to in paragraph 1 (b). b) to (d)).



(4) if the victim so requests, it shall explain to the victims of the police of the Czech Republic or

police authority clearly both orally and information referred to in paragraph 1 (b).

e) to (j)).



§ 9



The information provided by the victim's body registered in the registry of providers

assistance to victims of crime



A body registered in the registry of victim assistance providers

provide victims information about



and services to victims) provides, and their scale, including

information that specifies whether the service is provided free of charge; If the desired type of

the service does not provide, directs the victim to another entity registered in the registry

victim assistance providers that the service

provides,



(b) the victim's rights) under this Act,




(c) the rights of the victims as the injured party) under the code of criminal procedure,



(d)) during the criminal proceedings and the position of the victim as a witness, injured party, and

in it.



§ 10



Information provided by victims of other public authorities and health

device



(1) If a first point of contact the municipal police, military police,

The prison service of the Czech Republic or the Customs Office in connection with the administration of

an explanation of the victim even without the request shall provide the information referred to in § 8 para. 1

(a). a) and (b)).



(8 is the first point of contact a medical facility that

provides health care to the victim after the offence, provide it

provider of health services, even without a request for information under section 8 (2).

1 (b). (b)).



§ 11



Additional information provided by the victim



(1) at the request of the competent authority of her victims in criminal proceedings



and the final decision), establishing a criminal procedure ends, or

information that the criminal proceedings were not instituted, or



(b)) status of criminal proceedings, except in cases where this

the information could jeopardise the attainment of the purpose of criminal proceedings.



(2) paragraph 1 shall not affect the provisions of the criminal procedure code on the service

documents to the victim.



(3) a prison, the provider of health services in the health care

the device carries out the constitutional protection of the person's treatment or the Institute for the

the performance of security detention, inform the victim on her request for



release or escape of) of the accused from custody,



(b) the release or escape of a convicted) of imprisonment

freedom,



c) interruptions of imprisonment,



(d) the release or escape of convicted person) from the exercise of the constitutional protection

healing,



e) change the form of the protective treatment of constitutional on outpatient,



(f) the release or escape of convicted person) of the performance security

detention,



(g) the security of the detention) change protective treatment,



(h) any person accused or release) of the convicted person to a foreign State, or

his surrender to another Member State of the European Union in the framework of the

international judicial cooperation in criminal matters.



(4) a prison, a provider of health care services, in the health

the device carries out the constitutional protection of the person's treatment or the Institute for the

the performance of security detention, inform the victim pursuant to paragraph 3

without delay, at the latest within 24 hours from the time of the occurrence of the notified

the fact.



(5) the request referred to in paragraph 3 shall be submitted in the preliminary proceedings, the police

authority or to the public prosecutor and the Court in the proceedings before the Court, that

be decided or ruled in first instance. If the accused person at the time of

submission of the application in custody, in prison, in the exercise of the constitutional

the protective treatment or in the performance of security detention, to submit

the application shall inform the authority referred to in the first sentence without delay the appropriate

the prison, a provider of health care services, in the health

the device carries out the constitutional protection of the person's treatment or the Institute for the

the performance of the security of the detention; in other cases it shall inform when

detention or imprisonment, in the regulation of the constitutional protection

healing or security detention.



(6) if the victim did not lodge the application referred to in paragraph 3, the accused or convicted person

He was released or escaped, and if there is reasonable concern that victims risk

hazards in connection with the stay of the accused or the convicted person on the

freedom, authority in criminal proceedings, the probation and mediation service

the prison, the provider of health services in the health care

the device carries out the constitutional protection of the person's treatment or the Institute for the

the performance of the security of the detention shall immediately inform about this fact

the police authority or the criminal proceedings in that led to criminal

the things which shall take the necessary measures to ensure the safety of the victim, including

its notification of release or escape.



§ 12



Informing victims that reign in Czech language



The victim, who declares that he does not control the Czech language, the information



and) under section 8 (2). 1 and 3, § 11 (1) 6 shall provide in a language which the victim

he declares that he understands or in the official language of the State of which he is a citizen,

and



(b)) under section 9, 10 and article 11 (1) 1 (b). (b)) and section 11 (1) 3 provide in

a language which the victim declares that he or she understands or in the official language of the

State in which he is a citizen, if that is possible.



section 13 of the



Form and manner of disclosure



The victim should be informed in a meaningful way, taking into account its

age, intellectual and volitional maturity and health status including

psychological condition. Information pursuant to § 9 and section 10, paragraph 1. 1 must be the victim

provided in both written and oral form. Information according to § 10 para. 2 must

be provided to the victims, at least in writing.



Part 3



The right to protection from the threat of danger



§ 14



(1) a police officer in the cases provided for in other legislation ^ 2), where the

experiencing a threat to the safety of the victim, does the Act or take other

measures to ensure its safety. Customs officials have the same obligation,

members of the prison service, military police officers and officers of municipal

the police under the terms of other legislation ^ 3).



(2) the short-term protection of the victim shall provide to the police of the Czech Republic

conditions laid down in ordinances ^ 2).



(3) the recognition of a person from the common dwelling does the police of the Czech Republic

under the terms of other legislation ^ 2).



(4) the Court shall issue, at the request of the victim's interim measures in the code of civil

proceedings in the event of a serious threat to the life, health, freedom or

human dignity under the terms of other legislation ^ 4).



(5) the special protection of the witness is the victim shall provide, under the conditions laid down

other legislation ^ 5).



(6) the confidentiality of the identity and position of the victim in the form of the witness shall be subject

conditions laid down by the code of criminal procedure.



(7) the Court or the Prosecutor will issue interim measures in criminal proceedings

under the conditions laid down by the code of criminal procedure.



(8) the judicial authority will issue a European protection order under the conditions

provided by law for international judicial cooperation in matters

criminal.



Part 4



The right to privacy



§ 15



The disclosure of the identity of the victim



The prohibition to disclose information permitting the identification of the victims is editing

the criminal procedure code.



section 16 of the



The provision of personal data of the victims



If the victim, her agent, guardian, custodian or

trustee asks, are the details of the place of residence and delivery address of the victim,

an agent, legal representative, a guardian or trustee, particulars of

their place of employment or occupation or business, and their

personal, family and financial circumstances so that they can

Learn about the only law enforcement authorities, police officers and officials of the

The probation and mediation service is involved in the case. If it is necessary for the

achievement of the purpose of criminal proceedings or for the proper application of the law on

defence of the person against whom the criminal proceedings shall make available the necessary

the information officer or body active in criminal proceedings; about

disclosure and the reasons therefor shall record in the file.



Part 5



The right to protection against secondary injury



§ 17



Avoid contact of the victim with the person you designated as the perpetrator, with the

suspected or with the person against whom criminal proceedings leads



(1) a victim has the right to apply at all stages of criminal proceedings,

where appropriate, before you start, so that when the acts, which

involved, the necessary measures are taken to prevent contact with a person, the victim

you called for the perpetrators, who is suspected of committing a

crime, or against which the results of criminal proceedings.



(2) the request under paragraph 1, the competent authorities are obliged to comply,

If it is a particularly vulnerable victim and does not rule out the nature of the

carried out the Act. If you cannot comply with this request, because it eliminates the

the nature of the carried out the Act, the competent authorities are obliged to take the appropriate

measures to ensure that the victim to come into contact with the person you identified

for the offender, who is suspected of committing the crime, or against

which the criminal proceedings, before the start and leads after the end of the Act.



section 18



Submission of explanation and the questioning of victims



(1) the Questions directed to the intimate area of the victim can ask only

If it is necessary for the clarification of facts important for the

the criminal proceedings. These questions must be addressed particularly gently and content

the way to avoid the need for questioning again

Repeat; their wording is needed while maintaining the necessary

adjust age, personal attention to the experience and the psychological state of the

the victim.



(2) a victim has the right at any time to oppose focus issues. The objection

shall be mentioned in the log. On the merits test objections shall be decided by the interrogation

authority.



§ 19



Submission of explanation and examination by a person of the same or opposite sex



(1) a victim may request to be heard by the person in preliminary proceedings

of the same or opposite sex. The application is particularly vulnerable victims

necessary to meet the, unless important reasons. The reasons that led to the

rejection of the application, with a note in the log of the Act.




(2) a particularly vulnerable victim may also request that, in the case where you need to

her statement convey, was an interpreter of the same or opposite to the action

gender. Body active in criminal proceedings, unless the request could not be

the implementation of the Act to defer or interpreter of the desired gender.



(3) paragraphs 1 and 2 shall apply mutatis mutandis for submission of explanation used by

other legislation.



section 20



Submission of explanation and examination of particularly vulnerable victims



(1) a particularly vulnerable victim in criminal proceedings is necessary to interrogate

particularly sensitively and with regard to the particular circumstances, which makes it

particularly vulnerable.



(2) if possible, the questioning especially of vulnerable victims in the preparatory

control is performed by a person trained to do so. If the victim is a child, the hearing in

preliminary proceedings is performed by a person trained to do so always with the exception

in cases where it is an act of immediate and a trained person cannot be

to ensure.



(3) the hearing of particularly vulnerable victims is done so that later had to

be repeated. In the event of a further hearing before the same body is

as a rule, vyslýchajícím are the same person, unless important reasons.



(4) does not wish to especially vulnerable victim immediate visual contact

with a person suspected of having committed a criminal offence or the person against whom the

criminal proceedings shall be made, unless compelling reasons

the necessary measures to avoid such a visual contact, in particular

audiovisual technology is used, if it is technically possible. In so doing,

must ensure that the rights of the defence were not infringed.



(5) paragraphs 1 to 4 shall apply mutatis mutandis for submission of explanation used by

other legislation.



section 21



The right to escort a confidant



(1) a victim has the right to make it to the capacity of the criminal proceedings and to submit

the explanation was accompanied by the confidant.



(2) a confidant may be a natural person having the capacity to perform legal acts,

the victim's choice. Config provides the victim with the necessary, in particular

psychological help. The trustee may also be the agent of the victim.

Confidant cannot be a person who holds a position in criminal proceedings

the accused, the defence counsel, the witness, expert or interpreter.



(3) the Trustee cannot interfere with the course of action.



(4) to exclude from participation in the fiduciary Act can be used only exceptionally, if

the involvement of a fiduciary disrupts the course of action or compromise the achievement of the purpose

of the Act. In the case that he was confidant, is necessary to allow the victims to

chose another fiduciary, unless that action cannot be delayed or

its postponement was associated with unfair complaints or costs.



section 22



Statement of the victim on the impact of the crime on her life



The victim has the right, at any stage of criminal proceedings, to make a statement about

What impact had the offense on her life. The victim

may make a declaration in writing.



Part 6



The right to financial assistance



Article 23 of the



(1) the victim has in terms of this Act the right to financial

the help you will become.



(2) financial assistance is granted to victims who



a) is a citizen of the United States, if he has on the territory of the United

Republic of place of residence, if the territory of the Czech Republic

usually resides or, if the territory of the Czech Republic has become a victim of

of the offence,



(b)) is a stranger, if she has permanent residence or residing in the territory of

another Member State of the European Union, and became the victim of a crime on the

the territory of the Czech Republic,



(c)) is a stranger, if on the territory of the Czech Republic in accordance with other

the legislation of residing continuously for longer than 90 days and has become

the victim of a crime in the territory of the Czech Republic, or



(d)) is a stranger, who became a victim of a crime in the territory of the United

Republic and who has applied for international protection, who has been granted

which has been granted asylum or subsidiary protection in the territory of the United

of the Republic.



(3) the victims are foreign nationals the omission in paragraph

2, financial assistance is granted only under conditions and to the extent

renowned international treaty, which the Czech Republic is bound.



(4) in matters of financial assistance on behalf of the State Department.



section 24



The circle of eligible applicants



(1) the right to financial assistance is



and that was the victim) as a result of the offence to harm the health,



(b)), which was the victim as a result of the offence caused by a severe injury to the

health,



(c)) a person surviving victims who died as a result of the offence,

If the parent, spouse, registered partner, child or

sibling of the deceased at the time of his death she lived with him in the

home, or the person to whom the deceased provided for or was obliged to

provide nutrition,



d) victim offence against human dignity in the sexual area and

a child who is a victim of a crime of torturing persons (§ 198

of the Criminal Code), who has suffered non-material damage.



(2) on human health, for the purposes of this Act, means the status

záležející in the failure of the health or any other disease, that a violation of

normal bodily or mental functions makes it difficult for at least

three weeks of the usual way of life of the victim, and that requires medical

treatment.



(3) Severe damage to health, for the purposes of this Act, the only serious

health disorder or other serious illness. Under these conditions, the severe

damage to health



and, mayhem)



(b)) the loss or substantial reduction of fitness for work,



c) paralysis of limb



(d) loss or substantial weakening of) functions of sensory organs,



(e) damage to an important authority)



f) disfigurement,



g) induction of abortion or the killing of the fetus,



h) excruciating hardships, or



I) disorder lasts for 6 weeks.



§ 25



The purpose of the financial assistance



(1) the financial assistance consists in a single grant of an amount of money to the

bridging the impaired social situation caused by the crime.

Financial assistance the victims referred to in § 24 para. 1 (b). (d)) consists in the payment of

the costs associated with the provision of professional psychotherapy and physiotherapy or

other professional services focused on the remedy arising out of non-material damage.



(2) financial assistance is granted if the non-material damage, damage health

or damage arising as a result of the death was not caused by the crime

fully replaced.



section 26



Prerequisites for granting of financial assistance



(1) the financial assistance shall be provided if the offender,

which was caused by injury or non-material damage, was recognized by the

guilty or acquitted for insanity.



(2) if they are not based on the outcome of the investigation, the bodies active in criminal

management of reasonable doubt about the fact that he became a criminal offense, as a result of

which was caused by the death of the victim, the damage to health or non-

the injury will also provide financial assistance if the



and the case was postponed) due under Section 159a para. 2 to 4 of the code of criminal procedure

or because the offender cannot determine or is criminally

irresponsible for insanity,



(b) the prosecution was stopped) due pursuant to section 172 para. 1 (b). (d))

or (e)) or under section 172 para. 2 of the code of criminal procedure, or



(c)) decision pursuant to paragraph 1 has not yet been published or was not

legal power.



section 27 of the



The reasons for the failure to provide financial assistance to



The State does not provide financial assistance to the victim



and is prosecuted as an accomplice) in criminal proceedings in criminal

the Act, which was damaged on her health was caused by

non-material damage, or was a party to any such offence,



(b)) did not give consent to the prosecution of the offender in

When this consent is a prerequisite for the commencement of prosecution or

the sequel to it, or if such consent has taken back, or



(c)) did not provide law enforcement authorities with the necessary cooperation

in particular, the fact that without undue delay and without good reason did not

notice of offence, in respect of which compensation

or non-material damage, or as a witness in criminal proceedings made use of with

referring to his relationship with the offender the right to refuse to testify.



section 28



The amount of financial assistance



(1) the financial assistance shall be granted on application by the victim referred to



and) in section 24 para. 1 (b). and in the lump sum) is $ 100 or the amount of

that represents victims of proven loss in earnings and proven

costs associated with treatment, minus the total of all amounts that the victim of the

the title of the compensation already received; financial assistance may not exceed the

your total amount of 200 000 CZK



(b)) in section 24 para. 1 (b). (b)) in a lump sum of $ 50,000, or equal to,

that represents victims of proven loss in earnings and proven

costs associated with treatment, minus the total of all amounts that the victim of the

the title of the compensation already received; financial assistance may not exceed the

your total amount of 200 000 CZK



(c)) in section 24 para. 1 (b). (c)) in a lump sum or 200 000 CZK in the case of

siblings of the deceased in the flat-rate amount of Eur 175 000; financial assistance

provided more victims must not, in aggregate, exceed 600 000

CZK; If financial assistance is, in aggregate, exceed this amount, the amount


provided by each victim is reasonably normal,



(d)) in section 24 para. 1 (b). (d)) to cover the costs associated with the provision

Professional psychotherapy and physiotherapy or other professional services focused on the

correction of the non-material damage incurred, up to a total amount of $ 50,000,

If it has not been granted financial assistance under (a)).



(2) if damages or non-material damage was already decided

final judgment, is the level of damage caused or non-material damage

recorded in a judgment binding on the determination of financial assistance, to the extent

they have already been on damages or non-material damage.



(3) if the amount of the financial assistance provided pursuant to paragraph 1 (b). and)

and (b)) determined by the proving of a loss in earnings, shall take account of the

earnings, which the victims well in the future. If the victim can prove, after

financial assistance has been granted under paragraph 1 (a). a) and b), that it

damage is greater than what was the basis for the granting of financial

help, can be granted, on request, to have been filed within the time limit laid down in paragraph

30 financial assistance again; in doing so, taking into account the amounts already

paid.



section 29



Reduction and refusal of financial assistance



Financial assistance is provided for under section 28 may be reduced or denied

taking into account the social situation of the victim and to



and the extent to which the victim) spoluzavinila the emergence of injury and



(b)) whether the victim has used all legal means in order to claim entitlement to the

damages or non-material damage on the offender or another person,

that is required to replace the damage.



section 30



Examination of an application for financial assistance



(1) the Ministry provides financial assistance to the victims on behalf of the State to

the basis of the application.



(2) an application for the granting of financial assistance may be submitted to the Ministry of

not later than 2 years from the date when the victim became aware of the injury caused by

a criminal offence, but not later than 5 years after the Commission of the offence,

otherwise, the right shall lapse.



(3) the Ministry shall confirm in writing receipt of the application to the applicant. The Ministry of

shall issue a decision on the application within 3 months from the initiation of the proceedings, to

which are subject to time



a) up to 30 days, if it is necessary to hold an oral hearing or a local

the investigation needs to be someone to call, let someone show off or

deliver a public decree persons who demonstrably failing

deliver, or in the case of particularly complex event



(b)) to execute letters rogatory, to handle the expert's report or to

service of documents abroad.



(4) with parties who do not speak the Czech language, it can be treated

even in Slovak or English; This also applies to the preparation of

of documents.



(5) in proceedings on the application for financial assistance, you cannot submit an ordinary appeal

resource. The decision cannot be examined in the review.



(6) Against the final decision, the applicant may bring an action under the

administrative judicial procedure.



section 31



Requirements for an application



(1) in the application for financial assistance must indicate the name,

where appropriate, the name and surname of victim, date of birth and address of the

residence and connect to it



and the most recent decision by the law) in criminal proceedings concerning the offence

or about his announcement; If the victim cannot attach such a decision, it is

designated authority must be active in criminal proceedings, the criminal

last dealing with the crime and the particulars of the person suspected of

Commission of the offence, if known,



(b)) the data on the non-material damage or injury incurred as a result of

the crime and its extent, or about the extent to which has already been or

non-material damage has been replaced, and of action taken by the victim to

the recovery of damages or non-material damage,



(c) information on their property) and income, d) documents that

the victim has available, and that may prove the information referred to in points (b))

and (c)).



(2) evidence of financial circumstances referred to in paragraph 1 (b). (c)) can be

replace the affidavit.



(3) an applicant for the granting of financial assistance pursuant to § 28 para. 1 (b). a) and

(b)) is obliged to attach to my application medical report proving the resulting

damage to health.



(4) the applicant for the granting of financial assistance pursuant to § 28 para. 1 (b). (c))

required to indicate the evidence showing that the person specified in § 24 para.

1 (b). (c)), and must indicate whether the request is the only person

meeting the conditions referred to in § 24 para. 1 (b). (c)) or how many

people meets these conditions, if these facts are known.



(5) If, after applying for the granting of financial assistance

the circumstances that have an impact on the assessment of applications for the granting of financial

assistance and the determination of its amount, especially if only a partial refund

damages or non-material damage, the applicant is obliged on these circumstances

the Ministry promptly notify.



§ 32



The obligation to provide assistance



(1) each is obliged to inform the Ministry of the facts that are relevant

for the verification of compliance with the conditions for the granting of financial assistance.



(2) when the verification that the conditions for the granting of financial assistance is

authorized official person of the Ministry shall be entitled to inspect the criminal

the writings; law enforcement authorities are obliged to give her access to the

criminal files.



§ 33



The transition of the right to compensation for damages or non-material damage



The provision of financial assistance to victims victims claim passes for damages

or non-material damage to the State against the offender, and to the extent provided by

financial assistance.



§ 34



The provision of financial assistance to victims of crime in cross-border

cases with the Member States of the European Union



Cross-border case with the Member States of the European Union for the purposes of

This Act means the case when on granting financial assistance to the victim

the offence shall be decided by the competent authority of the Member State of the European Union,

on whose territory the crime was committed, in cases where the victim was

a person who has a place of residence or residing in the territory of

another Member State of the European Union (hereinafter referred to as "cross-border case").



§ 35



Providing financial assistance in cross-border cases, where the victim was

a person residing in the territory of the Czech Republic



(1) the Ministry is obliged to in cross-border cases, the persons referred to

in § 23 para. 2 (a). a), c) and (d)), if they have become victims of crime,

that was committed on the territory of another Member State of the European Union,

to provide the assistance necessary to ensure that the request for

financial assistance in cross-border cases, met all the

formalities laid down by the law of the Member State of the European Union,

the authority will decide on granting financial assistance; for this purpose,

in particular, the



and) provides basic information about how to obtain assistance and,

application forms for financial assistance in cross-border

cases,



(b) at the request of the victim) provides information about how to request for

financial assistance in cross-border cases to fill and which documents

to prove it,



c) accepting applications for financial assistance in cross-border

cases,



(d)) on the load state of translation requests for cash

assistance in cross-border cases and its annexes into a foreign language,



(e)) at the request of victim assistance in the case, provides that the competent authority

another Member State of the European Union will ask for additional information,



(f) at the request of the victim sends) without delay to the competent authority of another

the Member State of the European Union the additional information requested by the

subparagraph (e)), or even a list of all ceded documents



g) completed application on granting financial assistance in

cross-border cases and of its annex, the competent authority of another

the Member State of the European Union.



(2) the Ministry, at the request of the competent authority of another Member State

Of the European Union



and the hearing of a person) that made the request for the granting of financial

assistance in cross-border cases, or any other person listed in the application

as a witness or expert that authority, in particular through the

or telephone or videophone



(b)) shall be heard by the persons referred to in point (a)); of the hearing takes a notation that

may not be translated, and that will send to the competent authority of another Member

State of the European Union.



(3) the persons referred to in paragraph 2 (a). and you can hear) only with their

the consent.



section 36



Providing financial assistance in cross-border cases, where the victim was

a person residing in the territory of another Member State of the European Union



(1) the Ministry shall decide on the granting of financial assistance in the

cross-border cases to persons who have a place of residence or

legally resident in the territory of another Member State of the European Union, if the

on the territory of the Czech Republic have become victims of crime. In these

cases, the Ministry of



and) accepts applications of victims of crime and their annexes (RCIS).

the competent authority of another Member State of the European Union, on whose territory the

a crime victim's place of residence or on it legitimately

resides,



(b)) where necessary, the competent authority of another Member State


The European Union, on whose territory a crime victim's place of residence

residence or residing on it, for additional information, or to

the questioning of the victim or another person as referred to in the request of a witness or

the experts,



(c) additional information) receives and, where appropriate, a list of all

ceded documents on the basis of the request referred to in subparagraph (b)).



(2) the Ministry without undue delay after receipt of the request for

granting of financial assistance in cross-border cases, shall send to the person

referred to in paragraph 1, which submitted an application, and to the competent authority of another

European Union Member State, in whose territory the place of permanent residence

or in whose territory usually resides,



and) notification of receipt of the request,



(b) information on the official person) that matter and on the official site,

where the request is processed,



(c) information on the approximate time), in which it will be decided on the request.



(3) the Ministry shall send the decision on the application for the granting of financial

assistance in cross-border cases, the person referred to in paragraph 1 and

the competent authority of another Member State of the European Union.



(4) financial assistance cannot be granted if the application for its

provision is made in another State. The Ministry will invite the person referred to in

paragraph 1, that the affidavit confirmed that such or similar

the claim did not apply in another State. If the person referred to in paragraph 1

affidavit, does not submit the financial assistance shall be granted.



(5) the time limit referred to in section 30 paragraph 2. 2 is maintained even in the case when the

request for granting financial assistance to the victim filed with the competent authority of the

another Member State of the European Union, on whose territory the victim instead of the

permanent residence or address or usually resides.



§ 37



Relationship to the civil code



Unless otherwise provided in this part, it will be subject to the modified legal

the relations of the civil code.



TITLE III



SUPPORT FOR BODIES PROVIDING ASSISTANCE TO VICTIMS OF CRIME



§ 38



Support from the State



(1) the Ministry supports the activities of the bodies providing assistance to victims

offences by providing subsidies from the State budget under the conditions and in the

extent provided for in this law. This does not affect the provision of subsidies

under other legislation.



(2) a subsidy from the State budget pursuant to paragraph 1, the first sentence can

get the only accredited bodies. On the granting of subsidies is not a legal right.



§ 39



Bodies providing assistance to victims of crime



(1) an entity which intends to provide assistance to the victims of the offences referred to in

This Act and get a subsidy from the State budget for its activities,

must accredit for one or both of these services, which are



and the provision of legal information and)



b) restorative programs.



(2) psychological and social Counseling Services shall be entitled to

victims provide entities which qualify for the provision of

social counseling and social services, prevention, based on the decision of the

for registration under the law governing the provision of social services.

Subsidies from the State budget on the following services belong to the body just under the

the law governing the provision of social services.



(3) Accreditation for the provision of legal information is without prejudice to

the provisions on representation in proceedings under other legislation.



section 40



The conditions for granting accreditation



(1) the condition for the granting of the accreditation is



and support the description of the implementation) of the services provided, that is, in accordance

the quality standards of the services provided (section 44 (2)),



(b)) the fact that the applicant is a legal entity that was established for the

purposes other than business,



(c)) the ownership or any other right of use to the object or the premises where

the service will be provided,



d) providing assistance to victims by the applicant for at least one year

before submitting an application under this Act,



e) integrity of the applicant and of all natural persons who are service

provide,



f) competence at least one individual who will

guaranteed level of services consisting in the provision of legal

information,



g) liability insurance for damage caused during the provision of services

under this Act.



(2) the integrity is considered to be the one who has not been convicted for

an intentional criminal act or offence committed through negligence in the

connection with the performance of the activities in the provision of services or activities

comparable with them, or the one whose conviction for these offences

It was zahlazeno or other reasons considered as having been

convicted.



(3) the competent inspector to provide legal information shall be deemed to

a person who has acquired a full university degree in law in

Master's degree program.



§ 41



Application for accreditation



(1) an application for accreditation in addition to the General requirements laid down in

the code of administration



and the kind of service you), the applicant will provide,



(b)), which is a circuit of victims services are intended,



(c) a description of the services provided), that is in accordance with the

the quality standards of the services provided (section 44 (2)),



d) description of services provided, staffing



(e)) the time span of the provision of services,



(f)) capacity of the services provided,



g) for starting the provision of services,



h) the definition of the territory in which services will be provided.



(2) the application shall be accompanied by



and evidence of good character,) with the exception of the statement from the record

sentencing guidelines,



(b) a certified copy of the articles of Association) officially documents and evidence of

registration under other legislation, where appropriate, the extract from the commercial

register or other register under other legislation,



c) documents or their officially certified copies proving professional

eligibility of individuals that will provide a service consisting in the

the provision of legal information,



(d) proof of ownership) or any other law to the object or užívacím

premises where services will be provided, implying permissions

the applicant of these objects or spaces to enjoy,



e) proof of insurance liability for damage caused during the provision of the

services under this Act;



f) affidavit of fact pursuant to § 40 paragraph 2. 1 (b). (d)).



(3) Integrity shall be evidenced by a statement of convictions, and



a) for natural persons, documents proving the fulfilment of the conditions of integrity

issued by the States in which the person resided in the last 3 years

continuously for more than 3 months, or other document proving

the integrity of the person and



b) for legal persons established outside the territory of the United States statement of

A criminal record or other similar document issued by the State in which the

have a seat.



(4) an extract from the criminal record and other documents, which shall be evidenced by

integrity, must not be older than 3 months. In order to prove the integrity of the

the Ministry's requests under another law ^ 6) extract from the

criminal records. Request to issue the statement of record

an extract from the criminal record, criminal records are to be transmitted in electronic

form, in a manner allowing remote access.



(5) the competence shall be evidenced by a certified copy of

higher diploma in law master's degree

program. In recognition of professional competence of nationals of other

the Member States of the European Union shall be treated in accordance with other legal

prescription ^ 7).



§ 42



The decision for accreditation



(1) the services referred to in § 39 para. 1 decision arises

accreditation. For accreditation shall be decided in the administrative procedure

on the basis of a request by the Ministry.



(2) the decision on the grant of accreditation includes, in addition to General

requirements laid down in the administrative regulations,



and the designation of an accredited body)



(b) the person's assigned identification number) to an accredited body



(c)) name and place of the device or place or the place of the provision of services,



(d)) the type of services that will be provided,



e) circuit of the victims, which services will be provided,



(f)) for starting the provision of services,



g) indication of the capacity of the services provided.



§ 43



Amendment, cancellation and termination of accreditation



(1) an accredited body shall notify the Ministry of

all changes concerning the data contained in the decision on the

accreditation and the accreditation and the changes in the documents accompanying

applications for accreditation and document these changes to the relevant documentation, to the

15 days after the day on which they occurred.



(2) the Ministry shall decide on the basis of the notification of the change of accreditation.



(3) the Ministry shall decide on the revocation of accreditation, if



an accredited body) ceases to comply with the conditions for granting

accreditation,



(b) an accredited body does not meet standards) quality

services, and to prevent or remedy on the basis of the measures imposed,



c) accredited body to fulfil its obligations or breach of your

the obligation particularly seriously,



d) accredited body requests cancellation of accreditation; This request must

be submitted at least 3 months before the date of completion of the activity.



(4) the Accreditation expires on the date of dissolution of the legal person. Accreditation is

non-transferable.



§ 44



The obligations of accredited bodies



(1) an accredited body shall




and to provide the service free of charge to the victim), pursuant to section 5 and section 6 (1). 3 to the extent

accreditation,



(b) provide information to the victim), pursuant to section 9,



(c) keep records of victims) who have applied for the supply of services, and

of the services provided,



(d)) follow the standards set by quality of service

an implementing regulation.



(2) the standards of quality of the services provided are a set of criteria,

which is defined by the level of quality of the provision of

each of the services provided to victims in the area of human resources and

operational security and relations between the accredited bodies

and victims that the service is provided.



(3) the provision of services is an accredited body shall be entitled to refuse to



and) because of its filling capacities,



(b) if the services) are provided to a person whose interests are in conflict with the interests of the

the victim,



(c) if the interests of the victims) which calls for the provision of the services in breach of

with the interests of the accredited entity, or



(d)) where the victim does not provide appropriate interaction or there is a

violation of trust between victims and accredited bodies.



§ 45



Check the fulfilment of the conditions of accreditation and the obligations of accredited

subjects



(1) the Ministry checks the fulfilment of the conditions laid down for the accreditation

with an accredited body and the performance of his duties. The procedure for this

control is governed by the law governing the State control.



(2) for the monitoring of the implementation of standards of quality of the services provided by the

an accredited body referred to in paragraph 1 may establish a Ministry

the evaluation to the Commission.



(3) the Ministry is authorised to store the accredited bodies of measures

to correct the deficiencies identified during the inspection. An accredited body

is obliged to comply with the measures imposed in due time.



(4) the Ministry receives and examines complaints about the procedure of accredited

subjects.



§ 46



Obligation of secrecy



Everyone is obliged to maintain the confidentiality of data relating to individuals,

which services are provided under this Act, of which it becomes aware in the

connection with the provision of those services or in connection with the control

activities pursuant to § 45, unless otherwise provided by this Act. This

obligations may be absolved only by, in whose interest this obligation

It has, and that's only in writing with an indication of the scope and purpose of the exemptions.



§ 47



Legal assistance provided by a lawyer



(1) the Ministry shall register the lawyer upon request to the registry

victim assistance providers for services consisting in

legal aid, if agrees to provide legal assistance to victims of

defined in § 5 para. 1 at least on a limited basis at no charge.



(2) an application under paragraph 1 shall include the



and) the name or names, and surname of the lawyer, legal address, registration

the number of the Czech Bar Association, the identification number of the person



(b)) a statement that the Attorney agrees with the provision of legal aid

free of charge to victims as defined in § 5 para. 1, indicating the extent of the free

legal aid,



(c)) the Court, in whose District Attorney Act, for the purposes of legal

help,



(d) the victim which circuit) services will be provided,



e) starting to provide services.



(3) the application shall be accompanied by a statement from a list of lawyers maintained by the Czech

bar not older than 3 months.



(4) the Lawyer is obliged to provide legal assistance free of charge to the extent

in the application for registration in the register of providers of assistance to victims of

criminal offences. Unjust denial of free provision of legal

help is the reason for the deletion from the register of providers of assistance to victims of

criminal offences.



(5) If a complaint to the Ministry of the solicitor, registered in the

registry of victim assistance providers for services

of legal aid, it shall refer the complaint to the Czech Ministry

Bar Association. This does not prejudice the right of the Minister of Justice to submit a

exercise disciplinary action under other legislation.



(6) at the request of a lawyer without a Ministry without undue

delay, a lawyer from the registry of victim assistance providers

or does the requested change of the written data.



§ 48



Registry of victim assistance providers



(1) the Ministry maintains a registry of providers of assistance to victims of crime

offences to which writes



and bodies pursuant to § 39) paragraph. 2 on the basis of their application,



(b) the accredited bodies) pursuant to § 39 para. 1,



c) lawyers, on application under section 47,



d) probation and mediation service centres.



(2) pursuant to § 39 para. 2 to the application for entry in the register

victim assistance providers shall be accompanied by a certified

marketing authorisation under the law governing the provision of

social services. The Ministry will send the information on writing to the registry

victim assistance providers, the authority that decided on the

Register this entity under the law governing the provision of

social services. If a complaint is made to the activities of the Ministry

body registered under the law governing the provision of

social services, it shall forward it, the Ministry of inspection provide

social services. The Ministry removed the body from the registry

victim assistance providers, also on the basis of its

request.



(3) the registry of victim assistance providers contains information

According to § 42 para. 2, § 47 para. 2, in the case of bodies accredited for

providing legal information and information about the number of competent

persons referred to in section 40 para. 3 in the case of entities referred to in § 39 para. 2 details

referred to in the marketing authorisation under the law governing the provision of

social services. The probation and mediation service centres States

the address of the Centre.



(4) the register of providers of assistance to victims of offences is kept in

information system of public administration. The registry is a public list, which

It is available on the Ministry's website. The registry has

each right inspect free of charge.



TITLE IV



FINAL PROVISIONS



§ 49



Powers of execution



The Ministry shall issue a decree



and the pattern of the application form) on granting financial assistance in cross-border

cases pursuant to § 35 para. 1 (b). and)



(b)) model of form for transmission of applications for financial assistance in the

cross-border cases pursuant to § 35 para. 1 (b). (g)),



c) model of form for passing judgment on the application for compensation in

cross-border cases under § 36 odst. 3,



(d)) other than the official languages, in which they follow requests for

financial assistance and their annexes in accordance with § 35 para. 1 (b). (g)), additional

information and a list of all the documents referred to in section 35 of ceded para. 1

(a). (f)), requests for additional information in accordance with § 36 odst. 1 (b). (b)), and

information pursuant to § 36 odst. 2,



(e)) the official languages of the other Member States of the European Union, which will

the Ministry accept requests for the granting of financial assistance, and their

the annex pursuant to § 36 odst. 1 (b). and) and additional information, including

a list of all documents referred to in section 36 of ceded para. 1 (b). (c)),



(f) the standards of quality of the services provided) according to § 44 para. 2.



§ 50



Regulation (EEC)



Shall be deleted:



1. Law No 204/2006 Coll., amending Act No. 209/1997 Coll., on

the granting of financial assistance to crime victims and amending and supplementing

certain acts, as amended by Act No. 265/2001 Coll.



2. Decree No. 241/2006 Coll., laying down the form and languages

European Union Member States that are used in cross-border cases

the granting of financial assistance to crime victims.



3. Decree No. 237/2007 Coll., amending Decree No 241/2006 Coll.

establishing patterns of forms and languages of the Member States of the European

the Union used in cross-border cases, the granting of financial assistance

to victims of crime.



PART TWO



Amendment to the criminal procedure code



§ 51



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

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

declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.

150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.

166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

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

under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.

Constitutional Court declared under no. 424/2001 Coll., Act No.

200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.

587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.

Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.


165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.

170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award

The Constitutional Court declared under no. 90/2008 Coll., Act No. 121/2008 Coll.,

Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.,

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

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

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

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

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

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

Coll., Act No. 181/2007 Coll., Act No. 207/2007 Coll., Act No. 330/2011

Coll., Act No. 341/2011 Coll., Act No. 348/2007 Coll., Act No. 357/2011

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

43/2009 Coll., Act No. 193/2009 Coll., Act No. 273/2009 Coll. and Act No.

390/2009 Coll., is amended as follows:



1. in article 2, the following paragraph 3 is added:



(15) the authorities responsible for criminal proceedings are required to be in each period

control to allow the full application of the rights of the injured party, which are to be

him under the law in an appropriate manner and clearly instructed to

to achieve the satisfaction of their claims; management must lead with the necessary

respect for the victim and in the investigation of his personality ".



2. In paragraph 43, the following shall be added at the end of paragraph 3, the phrase "the reason and the amount of damage,

non-material damage or unjust enrichment is damaged shall be obliged to

demonstrate. About these rights and responsibilities must be damaged;

If it wasn't for the decision on the claim of the injured party a sufficient basis and

unless important reasons, in particular for the delivery of the judgment

or release order without undue delay, the Court to the injured party

communicate, how can the handouts to supplement and provide it to

reasonable period of time, which was at the same time determine. ".



3. In section 43, paragraph 3, the following paragraph 4 is added:



"(4) is damaged, which is the victim of a criminal offence under the law on victims of

crime, has the right, at any stage of criminal proceedings make

a statement about what kind of impact he had committed offence on his past

life. The Declaration may be made in writing. A written declaration is in control

before the Court performs as documentary evidence. ".



The current paragraph 4 shall become paragraph 5.



4. § 44a shall be deleted.



5. At the end of paragraph 46, the following sentence "if it has a damaged the standing of victims

According to the law on victims of crime, are required to learn it also

rights according to the law on victims of crime and to provide the full

the possibility of applying them. ".



6. § 47 para. 7, the words "; This does not apply if the enforcement

carried out to the satisfaction of the claim of the State "shall be deleted.



7. In paragraph 48, in the introductory part of paragraph 1, the words "shall be revoked" are replaced by

the words "the Court and, in preliminary proceedings, the Prosecutor ensure cancels".



8. § 48 para. 1 (b). (c)), the words "two months" are replaced by the words "four

of the month ".



9. section 50 reads as follows:



"§ 50



(1) the person concerned and may represent a corrupt agent

that may well be a legal person. An agent may be damaged

at the same time a confidant under the law on victims of crime.



(2) If an agent of an interested person or the injured party is a natural person,

It may not be the person who is deprived of legal capacity

or whose capacity to perform legal acts is limited; When the main version

and the public session cannot be an agent, one who is summoned to it

as a witness, expert or interpreter. ".



10. In paragraph 51, the existing text shall become paragraph 1 and the following

paragraphs 2 to 4 shall be added:



"(2) an agent of the injured party and the person concerned is no longer from the start

criminal prosecution shall be entitled to be present when investigative acts,

be undertaken to clarify the facts relevant to the exercise of the rights of persons

It represents, and the result can be used as evidence in proceedings

before the Court, unless the presence of the agent could be thwarted by the purpose of the

of criminal proceedings or of the Act cannot be postponed and be informed about it

to ensure. Can the accused and other persons examined to ask questions,

However, only when the police interrogation ends and shall give to the fact

the word. Objections to the way the implementation of the Act at any time can float in the

its progress.



(3) if the agent shall notify the police authority that wants to participate in the

investigation of the Act referred to in paragraph 2, is a police authority shall in a timely manner

agents tell you what kind of operation it is, time and place thereof,

unless you cannot defer action and notification agent cannot

to ensure. If the Act of the person in the hearing of a police authority of agents

shall communicate the information according to which such person can be identified. Where this cannot be

details determine in advance of the communication must be clear what this person has

to testify.



(4) If an agent Has a damaged or of an interested person to participate in

hearing of a witness whose identity is supposed to be for the reasons referred to in § 55 para.

2 secret police authority is obliged to take measures to

make it impossible to determine the real identity of the witness's agents, and therefore

notice of hearing of a witness whose identity is supposed to be for the reasons given in the

§ 55 para. 2 secret, may not contain the information, according to which it would be possible to

Discover the real identity of the witness. ".



11. § 51a is inserted:



"§ 51a



(1) if the injured party, shall certify



and that is particularly vulnerable) victims under the law on victims of crime

acts,



(b)) which has been vandalized due to severe damage to health,

or



(c)) that is the survivors of victims, which was caused by a criminal act

death,



It does not have sufficient funds to pay the costs incurred by the inclusion of

Representative, shall decide on the proposal for a President of the Chamber of the Court which held

proceedings at first instance and, in preliminary proceedings, the judge shall be entitled to

legal aid is granted to the agent free of charge or for a reduced fee.

Just decide on this proposal of the injured party which filed in accordance

the law is entitled to damages or non-material damage or issuing a

unjust enrichment, if it is not applicable due to the nature of the refund

damages or non-material damage or the amount or because of the nature and

the range represented by the agent of unjust enrichment is manifestly unnecessary.



(2) Damaged less than eighteen years old is eligible, unless the offence is

neglect of mandatory nutrition (§ 196 of the Criminal Code), the legal aid

provided by the agent free of charge and without compliance with the conditions referred to in paragraph

1.



(3) the application for a decision pursuant to paragraph 1, including the annexes, to be

demonstrated its soundness, serves the sufferer in the preparatory proceedings

through the public prosecutor that attaches to it their observations,

and in the proceedings before the Court to the competent court, hearing the case.



(4) in the event that the agent has chosen a sufferer himself, as

Agent under the conditions referred to in paragraphs 1 or 2 of the President of the Senate and the

in the preliminary proceedings, the judge advocate of the registered in the registry of providers

assistance to victims of criminal offences to legal aid under the law on victims of

criminal offences according to the space mission, and in order to follow him.

If this is not possible or appropriate, designates an agent of another lawyer;

the provisions of § 39 para. 2 and 3 shall apply mutatis mutandis. The costs incurred by

inclusion of such an agent are borne by the State.



(5) if the reasons which led to the establishment of an agent of the injured party,

or if important reasons, the agent of the injured party continues to

to represent the President of the Chamber shall decide and judge in preliminary proceedings and without

the proposal waived the appointed agent of the obligation to represent the

the injured party.



(6) against the decision referred to in paragraphs 1, 4 and 5 is admissible a complaint that

has a suspensory effect. ".



12. in section 51b para. 1, after the word "defendant", the words "or

the damaged ".



13. in § 55 para. 1 letter c) is added:



"c) name and surname of official persons and their function, name and surname

of the Parties present, name, surname and address of the legal representatives,

the guardians, advocates and agents, where applicable, the name and the surname of the other

people who participated in the Act, and in the case of the accused and the injured party whether or not

the address that you indicate for the purposes of delivery, and other information necessary to

determination or verification of identity, including the date of birth or personal identification

the numbers; If conducted by the Act data of address and

the delivery address, place of work or occupation or business

the victim, a witness, legal representative, agent or custodian,

fiduciary, then at the request of these persons to the log do not indicate if it is not

necessary for the achievement of the purpose of criminal proceedings, but they lead to

to get acquainted with them only by the authorities responsible for criminal proceedings and

probation and mediation service officials involved in the matter; This is also true

for information about personal, family and financial circumstances of the injured party, and

a witness; If it is necessary for the proper exercise of the right of defence of the person


against whom the criminal proceedings leading to this person shall communicate the necessary information; about

the communication of data and the reasons for it shall be made to the log record ".



14. in paragraph 65, the following paragraph 6 is added:



"(6) inspection of the files it is necessary to take such measures that have not been

the data is made available to you pursuant to § 55 para. 1 (b). (c)) can

Learn about the only authorities active in criminal proceedings and probation and

mediation services involved in the case. In the case of a request from the person against whom the

the criminal proceedings concerning the communication of such information shall be used § 55 para. 1

(a). (c)). ".



15. At the beginning of the title of the head of the fourth with the words "the PRELIMINARY

MEASURES AND ".



16. At the end of the text of section 67 shall be added the words ", in particular by storing

one of the interim measures ".



17. in section 70a para. 1 at the end of paragraph (i)) the comma is replaced by a dot and the

the letter j) shall be deleted.



18. in section 70a, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



19. in section 70a para. 2, the words "paragraphs 1 and 2 shall be replaced by" paragraph

1. "



20. In the title of § 73 after the word "supervision", the words "the preliminary

measure ".



21. in § 73 para. 1 (b). (b)), the word "or" is replaced by a comma.



22. in paragraph 73, the dot at the end of paragraph 1 shall be replaced by "or", and

the following point (d)), which read as follows:



"(d)) at the same time decide on the imposition of any of the interim measure.".



23. in section 73b paragraph 1(a). 5, after the words "73a para. 3.0 "the words" or of the

the cancellation of the interim measure to the replacement link. "



24. In § 77a, the following paragraph 6 is added:



"(6) from the President of the Chamber may, for important reasons, and in preparatory proceedings

the State Prosecutor on specifically defined period of time to allow travel to

abroad, in particular to the working path. ".



25. under the first head of the fourth section of the seventh the following section

the eighth, which including the title reads as follows:



"The eighth Section



Interim measures



section 88b



(1) interim measures can only be imposed on the accused person.



(2) Provisional measures may be imposed only if the conduct of the

of the accused or of other specific facts justified

concern that will repeat the crime, for which he is prosecuted, will

the offense, which attempted to, or execute a crime that

prepared or threatened to, and yet the facts established suggest

the fact that it was an offence for which prosecution has been committed, and

It has all the characteristics of an offence are obvious reasons to suspect that

This offence was committed, the accused, and having regard to the person of the accused and

on the nature and gravity of the offence, for which he is prosecuted, not at the time

the purpose of the interim measure decision achieved by other measures,

While the imposition of the provisional measures requiring the protection of the legitimate

the interests of the injured party who is a natural person, his life, in particular

health, freedom or dignity, or interests of people close to him,

or to protect the interests of the company.



§ 88 c



Types of interim measures



A provisional measure can be saved to the accused person



and the ban on contact with a damaged), persons close to him or to other

entities, in particular the witnesses (hereinafter referred to as "ban on contact with certain persons"),



(b) enter into joint) the prohibition on dwellings inhabited by with a damaged and its

the immediate surroundings and stay in such dwellings (hereinafter referred to as "ban

the entrance to the dwelling "),



(c)) the prohibition of visits to unsuitable environment, sports, cultural and other

social events and contact with certain persons,



(d)) the prohibition time specifically specified place,



(e)) the prohibition of travel abroad,



(f) to hold and keep) the prohibition on things that can be used to commit

crime,



(g)) the prohibition to take, hold or store alcoholic beverages or other

addictive substances,



h) the prohibition of gambling, playing on the slot machines and bets (hereinafter referred to as

"the ban on betting and gaming"), or



I specifically defined performance) prohibiting activities whose nature allows

recurrence or continuation in criminal activities (hereinafter referred to as "the prohibition of the performance of

specifically defined activities ").



section 88 d



The ban on contact with certain persons



(1) the prohibition on contact with certain persons is the inadmissibility of any

to contact or search a damaged, people close to him or other

people, in particular, the witnesses, even through a network of electronic

communications, or other equivalent means.



(2) important reasons to allow meetings of the accused with the victim

a person close to him or to another person. The meeting will be held for

the presence of law enforcement authority, which at the time of the meeting results

proceedings, or on the basis of his credentials in the presence of probation

official. The meeting ends without delay, if in the course of

circumstances which prevents its continuation, in particular if the accused raises in

damaged, the person close to him or to another person a reasonable fear of

the implementation of the actions referred to in section 88b of paragraph 1. 2, or attempts to affect the

their testimony.



section 88e



The prohibition of entry into the dwelling



(1) the prohibition on entry into the dwelling is the inadmissibility of the entry of the accused

in the common dwellings inhabited by with a damaged and its immediate

around, and the inadmissibility of the delay in such dwellings.



(2) the decision on the prohibition of the entry into the dwelling with the accused person disables

to enter the dwelling and its immediate surroundings and vicinity

of the dwelling. The decision must in addition to the General requirements (§ 134 para. 1 and 2)

also include the name and surname of the accused, the exact designation of the dwelling and

definition of its immediate environment and guidance on rights and responsibilities

the accused, including lessons about the consequences of failure to comply with the obligations referred to in

paragraph 4 (i) of the consequences of non-compliance with imposed interim measures.



(3) if the accused person used by reporting against another legal

Regulation, in the decision to give the ban on entry into the dwelling shall indicate that the

the prohibition of entry into the dwelling starts up the first day following the end of

performance reporting under other legislation. Reasons for voicing

the prohibition of entry into the dwelling is differently compared to as reported by another legal

Regulation shall be considered separately.



(4) the accused, after notification of the decision referred to in paragraph 2 shall

leave immediately to the dwelling and its immediate environs in the range

as defined in the resolutions, and refrain from entering those areas.



(5) the accused, after notification of the decision referred to in paragraph 2 shall be entitled to

take your things before leaving the dwelling used his personal use, personal

valuables and personal papers.



(6) the important reasons to allow the accused to take over the duration

the prohibition of entry into the dwelling of the things necessary for business or for

practice of the profession. Regarding the presence of authority participating in criminal proceedings

applies to section 88 d of paragraph 1. 2 accordingly.



§ 88f



The ban on visits to unsuitable environment, sports, cultural and other

social events and contact with certain persons



The decision to ban visits to unsuitable environment, sports,

cultural and other social events and contact with certain persons must

In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate

the definition of persons, premises or place to which the prohibition applies, as well as

lessons about the consequences of non-compliance with imposed interim measures.



§ 88 g



Ban time specifically specified place



(1) the decision on the prohibition of the time specifically specified place must

In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate

the definition of a specific place, in which the accused shall not delay;

the provisions of § 88e para. 2 shall apply mutatis mutandis.



(2) the accused person may be important reasons, allow for a specified

time he was kept in a place covered by the prohibition in paragraph

1.



§ 88h



A ban on travel abroad



(1) the prohibition to go abroad is to give the inadmissibility

to travel beyond the borders of the United States.



(2) the procedure for the imposition of a ban On travel abroad, the provisions

§ 77a paragraph 1. 1 to 3, 5 and 6 are used appropriately.



§ 88i



The ban on hold and kept the things that may be used to commit criminal

the activities of the



The ban on hold and kept the things that may be used to commit criminal

activities, decide, if such a thing is by its nature or

the observed circumstances can be determined to perpetrate crime and

at the same time is given by the fear of impending recurrence or continuation in such

crime, from the dokonání of the crime of which the accused

tried to, or of an offence that was preparing or

threatened.



section 88j



Prohibition of the use, hold or store alcoholic beverages or other

addictive substances



Prohibition of the use, hold or store alcoholic beverages or other

the addictive substance is said, was if the offence for which the accused is

prosecuted, committed in connection with the consumption of alcoholic beverages or

the use of other addictive substances and at the same time is given by the fear of impending

recurrence or continuation in such criminal activities, from dokonání

the offence of which the accused tried to, or committing a

the crime, which he prepared or threatened to.



§ 88 k



The ban on betting and gaming




The ban on betting and gaming are spoken relates to games of chance, betting or gaming

on the licenced with the crime of the accused.



§ 88l



The prohibition of the performance of activities specifically defined



(1) prohibition of the exercise of the said activities, as defined in particular, if the

the performance of the activities, for which you need special permission, authorization, or

whose power governs the other legislation, crime

of the accused, and at the same time is given by the fear that another performance of this activity

There is a risk of recurrence or continuation in such criminal activities, from dokonání

the offence of which the accused tried to, or committing a

the crime, which he prepared or threatened to.



(2) important reasons can be specifically defined activities on performance

limited period of time to allow.



§ 88 m



Interim measures



(1) decision on interim measures must also be justified by the

by the circumstances.



(2) imposing provisional measures prohibiting contact with certain persons,

the prohibition to hold and store things that can be used to commit criminal

activities, the prohibition of the use, hold or store alcoholic beverages or

other addictive substances and the ban on betting and gaming is decided by the President of the Chamber, and in

the preliminary proceedings, the Prosecutor.



(3) imposing other interim measures shall be decided by the President of the Senate

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



(4) in the cases referred to in section 88 d of paragraph 1. 2, § 88 g of paragraph 1. 2 and § 88l para.

2 shall decide according to the nature of the saved an interim measure President of Chamber

and, in preliminary proceedings, the public prosecutor or at the request of the public prosecutor

judge.



(5) a decision imposing a ban on contact with the parents of the accused

the child, you must immediately inform the authority of the social and legal protection

children. In the case that the decision will allow meeting the accused parents with

the child, President of the Chamber or in the preliminary proceedings, the Prosecutor

shall inform in due time the social-legal protection of children, in order to meeting

to participate in.



(6) when storing the provisional measures shall take into account body active in criminal

the management of the measures, which have already been imposed on the accused person and the another

legal regulation.



(7) the decisions referred to in paragraphs 2 to 4 of the complaint is admissible.



§ 88n



The duration of the provisional measures



(1) interim measures it takes, as long as it requires its purpose, but no longer than

in the judgment or decision by which the proceedings are terminated.



(2) where it is shown that the enforcement of an interim measure is impossible or its

the performance of the accused cannot be reasonably required or interim measures

is not strictly necessary in the originally specified range, decide on its

cancellation or change according to the nature of interim measures imposed President

the Senate, and in preliminary proceedings, the Prosecutor or at the request of the State

a representative of the judge. It may also decide to impose another preliminary

the measure, if it is according to the nature of the case and the circumstances of the case the necessary and

the conditions are met for his store.



(3) the accused has the right to ask for a cancellation of interim measures. About

such a request, the President of the Senate or in preliminary proceedings the State

representative decide without undue delay. If the application is rejected,

the accused may, unless new reasons, repeat after

three months after the decision.



(4) the decisions referred to in paragraphs 2 and 3 shall be admissible complaint.

The sufferer has the right to lodge a complaint only against decisions on interim

measures under section 88 d and 88e. Only complaint has suspensive effect

the public prosecutor and the injured party against the decision to cancel the preliminary

measures. Nevertheless, where the Prosecutor or the injured party when the announcement of the

such a decision, their complaint has suspensive effect only

If it was made immediately after the announcement of the decision.



§ 88o



The consequences of non-compliance with imposed interim measures



If the accused does not, which continues to be the justification for the imposition of

the preliminary measures, conditions imposed interim measures, can

the competent authority in criminal proceedings to decide on the



and fine) the imposition under section 66,



(b)) the imposition of a different kind of interim measures, or



(c) taking the accused into custody), under the conditions laid down in this Act. ".



26. in § 101 paragraph 2 and 3 shall be added:



"(2) at the beginning of the hearing of a witness must be asked about the relationship to the

the present case, the parties and where appropriate to other circumstances

important to determine its authenticity. Witness takes place,

to provide, if possible, complete and clear picture of the facts important

for the criminal proceedings that witness perceived with the senses. The witness must be

given the possibility to continuously told everything he knows about the matter itself and where it

the circumstances referred to by the learned. When questioning is necessary to save his

personality, in particular as regards his personal and intimate area.



(3) a witness may be asked questions to supplement the testimony or to

delete incomplete, ambiguities and contradictions. Questions directed to the

the intimate area of the examined the witness, in particular if it is a person

a criminal offence can be damaged, ask only if this is necessary for

clarification of facts important for criminal proceedings, particularly gently and after

content page exhaustively, in order to avoid hearing

Repeat; their wording is needed while maintaining the necessary

adjust age, personal attention to the experience and the psychological state of the

witness. A witness may be asked questions, in which were included

misleading and false circumstances or circumstances that are discover

from his testimony. ".



27. in section 102 paragraph. 1 the first sentence, Section 104a of the paragraph. 5 the first sentence, section 104b paragraph.

7 sentence of the second paragraph and section 104 c. 3 the fourth sentence with the word "fifteen"

replaced by the word "eighteen".



28. in section 102 paragraph. 1 the first sentence after the semicolon, the word "teacher"

replaced by the words "the social-legal protection of children".



29. in paragraph 102, the following paragraph 3 is added:



"(3) to a person younger than 18 years of age, you can ask questions only through

Authority participating in criminal proceedings. ".



30. in paragraph 103, the following new section 103a, including the title reads as follows:



"section 103a



Information about unsafe accused and condemned



(1) a witness, which is a risk in connection with the stay of the accused

or the convicted person on the loose, you may request information about the



release or escape of) of the accused from custody,



(b) the release or escape of a convicted) of imprisonment

freedom,



c) interruptions of imprisonment,



(d) the release or escape of convicted person) from the exercise of the constitutional protection

healing,



e) change the form of the protective treatment of constitutional on outpatient,



(f) the release or escape of convicted person) of the performance security

detention,



(g) the security of the detention) change protective treatment,



(h) any person accused or release) of the convicted person to a foreign State, or

his surrender to another Member State of the European Union in the framework of the

international judicial cooperation in criminal matters.



(2) If a witness has not submitted a request under paragraph 1, the accused or convicted person

He was released or escaped, and if there is reasonable concern that a witness is threatened

hazards in connection with the stay of the accused or the convicted person on the

freedom, authority in criminal proceedings, the probation and mediation service

the prison, medical equipment, in which the convicted person shall be exercised by the constitutional

protective treatment, or Institute for the performance of the security of the detention shall immediately

shall inform the police authority or led

criminal proceedings in a criminal case, which shall take the necessary measures to

ensuring the safety of the witness, including the notification of dismissal or

escape.



(3) The procedure for the submission of applications and the handling is reasonably used

provisions of the law on victims of crime. ".



31. in Section 104a the following at the end of paragraph 5, the phrase "face to face, you cannot

build also damaged the younger the age of eighteen with the accused in the case

offences against human dignity in the sexual area. ".



32. In § 146a of paragraph 1. 1 at the end of the text of subparagraph (b)) the following words "

the imposition of provisional measures (para. 88 m (2)), to the effect that the competent

meeting of the accused with a damaged, the person close to him or another person (§

88 d of paragraph 1. 2) or a request for cancellation of the interim injunction (section 88n

paragraph. 3) ".



33. In paragraph 154, paragraph 2 reads as follows:



"(2) the Court even if the victim was not entitled to compensation

damages or non-material damage in money or unjust

enrichment or in part, shall, on application of the injured party that is

to the person obliged to pay the injured party stores all or part

costs associated with the participation of the victim in criminal proceedings (article 155 para.

4), unless the nature of the case and the circumstances of the case, in particular,

the contributory negligence of the injured party. For reasons worthy of special consideration, compensation

be reduced accordingly; taking into account in particular the nature of the offence,

personal and financial circumstances of the injured party and the convicted person. The reduction cannot be

This, in the case of an intentional criminal act. "




34. In paragraph 160 paragraph. 2, the first sentence is inserted after the phrase "a copy of the resolution on the

the initiation of criminal prosecution must be delivered also to the victim, if they are

its residence or registered office of the known and if expressly so requests. ".



35. In section 160 paragraph. 7, the words "permissible" shall be replaced by "may

the accused lodged ".



36. In § 166 paragraph 1 and 2 shall be added:



"(1) if the police investigation to be completed and its results for the

sufficient for the indictment, allow the accused, his lawyer and

the victim, who submitted the proposal, according to § 43 para. 3 if they are stay

or the seat of the injured party, known at the appropriate time to study the writings of

and to make proposals for investigation of the supplement. This option notifies the

the accused, his defence counsel and damaged at least three days in advance. If

the number of victims is very high, shall apply mutatis mutandis to section 44 para. 2. As referred to

period can be with the consent of the accused, the defence counsel and the injured party.

If the police authority does not consider the proposed supplement, rejects them.

About these tasks will make the police authority record in the file and to refuse

proposals to supplement the investigation shall notify the accused, his defence counsel or

the injured party.



(2) do not use if the accused, his lawyer or a damaged options

study the writings, although they were duly warned, will make about

police authority record in the file and proceed as if this

the Act has occurred. ".



37. In paragraph 196 of paragraph 1. 1, the first sentence is inserted after the sentence "If damaged

He has not submitted a proposal pursuant to § 43 para. 3, at the same time learning about the right to lodge such

draft. ".



38. In § 201 of paragraph 1. 2, the fourth sentence is inserted after the phrase "Similarly in the

the case of exclusion of the public shall proceed with confidants of the injured party. ".



39. In paragraph 202, the following paragraph 6 is added:



"(6) is corrupted and the person concerned and their agents have the right to

personally participate in the trial. President of the Chamber may, at the necessary

time restrict the participation of the injured party and interested persons on trial only,

If it is necessary for the clarification of the case, in particular, are to be

heard as witnesses to the injured party and then the party concerned

the person usually hear at the beginning of the taking of evidence immediately after the hearing of

the accused and in the course of the taking of evidence is to become familiar with the content of

the testimony of the defendant. ".



40. in paragraph 212, the following new section 212a:



"§ 212a



Damaged, which is the victim of a criminal offence under the law on victims of

offences may apply in the main proceedings, in order to make a declaration

What impact had committed offence on his past life, and

even in the case that has made a declaration in writing. The President of the Senate is

obliged to comply with the request and allow the oral declaration at the latest at

the final speech. Oral statements of the damaged can be stopped only if the

If the apparently deviates from its framework. ".



41. In paragraph 321, paragraph 5 shall be deleted.



42. in the third sentence of paragraph 333a, the number "5" shall be replaced by the number "6".



43. In Article 353, paragraph 4 shall be deleted.



44. In paragraph 357, paragraph 4 shall be deleted.



PART THREE



To change the code of civil procedure



§ 52



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994

Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.

142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,

Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the Constitutional Court declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.

Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court declared under no. 476/2002 Coll., Act No.

88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared

under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,

Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.

Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.

Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.

Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.

Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.

Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.

Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.

Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.

Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.

Law No 267/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll.

Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll.,

Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll.,

Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Coll.,

Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No. 198/2009 Coll.,

Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,

Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 420/2009 Coll.,

Constitutional Court declared under no 48/2010 Coll., Act No.

347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act No.

139/2011 Coll., Act No. 186/2007 Coll., Act No. 188/2007 Coll., Act No.

218/2007 Coll., Act No. 355/2007 Coll., Act No. 364/2011 Coll., Act No.

420/2010 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., the award

The Constitutional Court declared under No 147/2009 Coll., Act No. 167/2012

Coll., Act No. 202/2012 Coll., Act No. 334/2012 Coll., constitutional

the Court declared under no. 369/2012 Coll., Act No. 396/2009 Coll., Act

No 399/2009 Coll., Act No. 401/2012 Coll. and Act No. 404/2012 Coll.,

be amended as follows:



1. In article 175 paragraph 1. 1 the first sentence reads: "If the plaintiff in the original

the Bill of Exchange or a cheque, on which the authenticity there is no reason to doubt, and more

documents necessary for the application of the law, the Court shall issue a bill of Exchange

(cheque) payment order, in which the defendant saved, so that within 15 days

He paid the required amount and the costs of the proceedings, or that the same time limit

opponent, in which it is to bring all opposition

argues. ".



2. In article 252 paragraph. 4 (b). a), the words "sale of a business (in part)"

replaced by the words "disabilities".



3. In section 265, after paragraph 1 the following paragraph 2 is added:



"(2) the enforcement debtor, subject to the

a decision regarding the securing of issued in criminal proceedings can be made only after

prior consent of the competent authority participating in criminal proceedings. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



4. In section 267a para. 1 the words "real estate and business" is replaced by

"the administration or sale of immovable property or persons undertaking".



5. In paragraph 275 paragraph 2. 1 the words "statements of arrears" are replaced by "other

enforcement order "and in § 275 paragraph 2. 3, the words "a statement of arrears" are replaced by

the words "another enforcement order".



6. § 315 paragraph. 1 the words "section 314b para. 1 and 3 "are replaced by the words" §

314c paragraph 1. 1 and 3 ".



7. in section 320ab paragraph. 1 the words "§ 320a" shall be replaced by "section 320aa".



8. In section 330a para. 2 (a). a), the words ' permanent residence ' shall be replaced by

"the address of the place of residence".



9. In paragraph 331, paragraph 3 reads:



"(3) if the Court finds the registers of persons or property that monetized movable

thing is ensured in accordance with the criminal procedure code, and if exceeds the proceeds achieved

the claim for which enforcement was ordered, shall inform the Court of

This authority is active in criminal proceedings, to ensure

decided to. Unless authority is active in criminal proceedings within 30 days of the Court, that

the provision also applies to the rest of the proceeds shall be paid to the rest of the proceeds

compulsory. ".



10. In paragraph 331, the following paragraphs 4 and 5 are added:



"(4) if the proceeds achieved exceeds the claim for which the performance

the enforcement of that decision, and the Court shall take place in accordance with paragraph 3,

the rest of the proceeds to the debtor.



(5) if the debtor refuses to take the rest of the proceeds or his stay

is not known, the Court shall proceed mutatis mutandis under section 185 g; the time limit under section 185 g

paragraph. 1 shall run from the date when the rest refused to yield to take mandatory

or when the rest of the proceeds of the Court came back as undeliverable. ".




11. in section 331a of paragraph 1. 1, after the words "be drawn up," the words "further

the creditor and other creditors ".



12. In paragraph 332 at the end of paragraph 1, the following sentence "If Enforced,

For more legitimate or other creditor claim damages or

non-material damage caused by the criminal offence or the claim of

unjust enrichment obtained a criminal offence, if the movable thing

ensure enforcement of this offence, and if the proposal or were

an application filed at the time the guarantee referred to in the criminal code takes, be governed by the

the order of the day of the decision regarding the securing of movable property in accordance with

the criminal procedure code. ".



13. in paragraph 332 at the end of paragraph 3 the following sentence "If the next

the creditor beneficiary of claims of compensation for damage to health

caused by the crime, will satisfy its claim, regardless of the

order before the claims of other creditors. "



14. in paragraph 337c paragraph. 1, the following point (e)) the following new subparagraph (f)), which

added:



"(f)) claims compensation for damage to health caused by a criminal offence".



Subparagraph (f)) is renumbered as paragraph (g)).



15. In paragraph 337c paragraph. 5 at the end of paragraph (d) is replaced by a comma and dot)

the following point (e)), which read as follows:



"e) in the case of the claim of the creditor, which went up in the proceedings as the

For more legitimate, or claims for damages or

non-material damage caused by the criminal offence or of unjust enrichment

obtained a criminal offence, if the property was ensured in the criminal

the procedure for this criminal act and if the design or application filed in

the time when the guarantee referred to in the criminal procedure code, the law takes a day

the decision to secure a property under the criminal procedure code. ".



16. in paragraph 337c paragraph 6 is added:



"(6) if the Court finds from the land registry that monetized the property is

ensured in accordance with the criminal procedure code and the proceeds achieved exceeds all

the claims, which have been in the schedule met, shall inform the Court about this

fact, the authority in criminal proceedings, which decided to hedge.

Unless authority is active in criminal proceedings within 30 days of the Court, that

ensure also apply to the rest of the proceeds shall be paid to the rest of the proceeds

compulsory. ".



17. In article 337c, the following paragraph 7 is added:



"(7) the Court shall take place in accordance with paragraph 6, shall be paid after payment of all

claims that are to be met, the rest of the distributed nature of

compulsory. ".



18. In paragraph 338d paragraph. 1, the first sentence is inserted after the sentence "in the case of a claim

damages or non-material damage caused by the criminal offence, or

the claim of unjust enrichment obtained a criminal offence, if the

real estate secured in criminal proceedings concerning the offence and if the

the proposal filed at the time the guarantee referred to in the criminal code takes, it is for

order a judicial lien to real estate a critical day

the decision to provide the real estate according to the code of criminal procedure ".



19. in paragraph 338ze paragraph. 1, letter g) the following point (h))

added:



"h) claims of compensation for damage to health caused by a criminal offence".



Letter h) is referred to as the letter i).



20. In paragraph 338ze paragraph. 5 at the end of paragraph (e) is replaced by a comma and dot)

the following point (f)), which read as follows:



"(f)) for the creditor, who stepped into the proceedings as

For more legitimate, or claims for damages or

non-material damage caused by the criminal offence or of unjust enrichment

obtained a criminal offence, if the undertaking is ensured in criminal proceedings concerning

This criminal act and if the design or application is filed at a time when

under the criminal procedure code, the day takes the decision about

ensuring the enterprise according to the code of criminal procedure ".



21. in section 338ze paragraph 6 is added:



"(6) if the Court finds the registers of persons or property that the zpeněžený company

According to the criminal procedure code is ensured and if exceeds the proceeds achieved

all claims that were in the schedule met, informs the Court of

This authority is active in criminal proceedings, to ensure

decided to. Unless authority is active in criminal proceedings within 30 days of the Court, that

the provision also applies to the rest of the proceeds shall be paid to the rest of the proceeds

compulsory. ".



22. in section 338ze shall be inserted after paragraph 6 a new paragraph 7, which reads as follows:



"(7) the Court shall take place in accordance with paragraph 6, shall be paid after payment of all

claims that are to be met, the rest of the distributed nature of

compulsory. ".



The present paragraph 7 shall become paragraph 8.



§ 53



Transitional provision



Against-of-Exchange (cheque) payment order, which was issued in

period from 1. may 2013 until the date of entry into force of this law, can be

oppose no later than within 15 days from the date of entry into force of

of this Act. If, however, such bills for payment (cheques Act)

served after the date of entry into force of this Act, you can lodge an objection in

the period of 15 days from the date of its delivery.



PART FOUR



Amendment of the law on court fees



§ 54



In section 11 (1) 2 of Act No. 553/1991 Coll. on court fees, as amended by

Law No. 36/1995 Coll., Act No. 209/1997 Coll., Act No. 227/1997 Coll.

Act No. 101/2000 Coll., Act No. 257/2000 Coll., Act No. 451/2001 Coll.

Act No. 159/2006 Coll., Act No. 296/2007 Coll., Act No. 216/2008 Coll.,

Act No. 217/2009 Coll., Act No. 427/2010 Coll. and Act No. 218/2011

Coll., is at the end of the letter t) dot is replaced by a comma and the following

letter u), which read as follows:



"for a criminal offence) is corrupted, with a final decision of the Court of

entitlement to compensation for property damage or non-material damage in the

the money or the release of unjust enrichment in the proceedings that

related to the enforcement of this right. ".



PART FIVE



Change the enforcement code



section 55



Act No 120/2001 Coll., on judicial executors and enforcement activities

(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.

Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.

Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.

Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.

Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.

Act No. 253/2006 Coll., Act No. 261/2007 Coll., Act No. 347/2007 Coll.

Act No. 254/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll.,

Act No 301/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009, Coll.,

Act No. 183/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,

Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 409/2010 Coll.,

Act No. 188/2011 Coll., Act No. 428/2007 Coll., Act No. 513/91 Coll. and

Act No. 396/2012 Coll., is amended as follows:



1. In § 33d para. 1 the term "design" is deleted.



2. in section 40 para. 1 letter e) is added:



"e) an enforceable decision and another enforcement order from a public authority".



3. in section 40 para. 1 (f)) repealed.



Letter g) is renumbered as paragraph (f)).



4. In paragraph 41, the words "e), (f) and (g)))" shall be replaced by "e) and (f))".



5. In Article 43a paragraph. 2 the words "the proposal authorized the distraint"

replaced by the words "the enforcement proposal".



6. § 44a para. 2 and 3, § 46 para. 6 sentence paragraph 4 and § 69a. 1, the

the words "§ 47 para. 4 "shall be replaced by the words" § 47 para. 5. "



7. § 46 para. 8, the words "§ 47 para. 5 "shall be replaced by the words" § 47 para.

6. "



8. In article 47, paragraph 2, the following paragraph 3 is added:



"(3) the execution on the assets of the debtor, subject to the decision on the

collateral issued in criminal proceedings, can be done only with the prior

the consent of the competent authority participating in criminal proceedings. ".



Paragraphs 3 to 5 shall become paragraphs 4 to 6.



9. In § 49 paragraph 1. 1 (b). (f)), after the word "sold" the words "or

affected by the Administration "and after the word" sale "shall be inserted the words" or

Administration ".



10. In § 49 paragraph 1. 1 (b). (g)), the word "sold" is replaced by

"affected by".



11. In § 54 para. 5 the first sentence, the words "§ 47 para. 4 "shall be replaced by

"§ 47 para. 5. "



12. In paragraph 69, at the end of paragraph 4, the following sentence "in the case of a claim

damages or non-material damage caused by the criminal offence, or

the claim of unjust enrichment obtained a criminal offence, if the

real estate secured in criminal proceedings concerning the offence and if the

the enforcement proposal filed at the time the guarantee referred to in the criminal code takes,

for the order of the bailiff of the lien the decisive day of the legal

the decision to provide the real estate according to the code of criminal procedure ".



13. in § 120 paragraph 1. 1, the words "paragraph. 4 "shall be replaced by" paragraph. 7 "and

the words "paragraph. 5 "shall be replaced by" paragraph. 8. "



14. in section 124 c para. 1 (b). l) after the word "violate" the words

"the obligations laid down in".



PART SIX



To change insolvency law



§ 56



Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

Act), as amended by Act No. 309/2006 Coll., Act No. 108/2007 Coll., Act

No 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act

No 458/2008 Coll., Act No. 7/2009 Coll., Constitutional Court

declared under the No 163/2009 Coll., Act No. 217/2009 Coll., Act No.

228/2009 Coll., Act No. 285/2009 Coll., Constitutional Court


the declared under no. 241/2010 Coll., Constitutional Court declared under

No 260/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act

No 73/2010 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act

No 458/2007 Coll., Act No. 466/2011 Coll., Act No. 167/2009 Coll., Act

No 334/2009 Coll., Act No. 396/2012 Coll. and Act No. 399/2012 Coll.,

be amended as follows:



1. In section 167, paragraph 1 the following paragraph 2 is added:



"(2) the creditors of enforceable claims for damages or

non-material damage caused by the criminal offence or to unjust

the enrichment obtained a criminal offence to satisfy the secondary stuff,

rights claims or other property values, these values were

provided in criminal proceedings concerning the offence and the application

the claim was made in a time when the collateral according to the code of criminal procedure takes

or if such creditor has filed a proposal for enforcement by establishing a

a judicial lien on real estate at a time when securing

According to the code of criminal procedure. For the satisfaction of the order referred to in paragraph 1 is

the crucial period of the formation of collateral provided for in the criminal procedure code. The provisions of the

relating to the status of secured creditors apply to the lender

accordingly. ".



The former paragraph 2 becomes paragraph 3.



2. In paragraph 173, at the end of paragraph 1, the following sentence "the creditors of enforceable

claims for damages or non-material damage caused by the criminal

offence or on the issue of unjust enrichment obtained a criminal offence

served at the Court of claims at any time during

insolvency proceedings, if the criminal proceedings concerning the offence was

secured assets in the estate of the debtor and the application claims

was made at a time when the collateral in accordance with the criminal procedure code. ".



3. In paragraph 227, at the end of the first sentence, the words "or property,

subject to a decision regarding the securing of issued in criminal proceedings and the

which monetization has not been granted the consent of the competent authority participating in

criminal proceedings ".



4. In article 248 paragraph 1. 2 the words "pursuant to section 41" the words "or of the

the right of creditors under section 167 paragraph. 2. "



5. In paragraph 283, the following paragraph 3 is added:



"(3) the liquidation of assets in the estate of the debtor, which is

subject to the decision to ensure issued in criminal proceedings, it can be done

only after the prior consent of the competent authority participating in criminal

control. Exceeds the proceeds of the realisation of assets obtained by the phrase

the first payment of the amount specified by the insolvency practitioner shall inform about this

fact, the authority in criminal proceedings, which decided to hedge.

Unless authority is active in criminal proceedings within 30 days of the insolvency

ensure that administrators also apply to the rest of the proceeds shall be used to

the distribution among the creditors. ".



6. In section 305 of paragraph 1. 2, after the words "the administration of the estate" the word "and"

be replaced by a comma and the words "on the maintenance of the law" are the words

"and then the creditors ' claims to compensation for damage caused to health".



PART SEVEN



Amendment of the Act on granting financial assistance to crime victims



§ 57



In Act No 209/1997 on granting financial assistance to victims of crime

activities and amending and supplementing certain acts, as amended by Act No.

265/2001 Coll., Act No. 204/2006 Coll. and Act No. 41/2009 Coll., is part of the

the first is deleted.



PART EIGHT



Amendment of the Act No. 265/2001 Coll.



§ 58



In Act No. 265/2001 Coll., amending Act No. 141/1961 Coll. on

criminal procedure (code of criminal procedure), as amended,

Act No. 140/1961 Coll., the criminal act, as amended, and

certain other acts, as amended by Act No. 361/2003 Coll., Act No.

283/2004 Coll., Act No. 274/2008 Coll. and Act No. 41/2009 Coll., is part of the

the eighth is deleted.



PART NINE



Amendment of the Act on the judiciary in matters of youth



§ 59



In § 54 para. 1 of Act No. 218/2003 Coll., on liability for youth

unlawful acts and on the judiciary in matters of youth and on amendments to certain

laws (the law on the judicial system in matters of youth), as amended by Act No.

41/2009 Coll., the words "and its agent" shall be replaced by ',

Agent and confidant ".



PART TEN



Amendment of the Act on social services



section 60



Law No. 108/2006 Coll., on social services, as amended by Act No.

29/2007 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.

124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.

479/2008 Coll., Act No. 108/2009 Coll., Act No. 207/2009 Coll., Act No.

223/2009 Coll., Act No. 227/2009 Coll., Act No. 362/2009 Coll., Act No.

347/2010 Coll., Act No. 427/2010 Coll., Act No. 73/2007 Coll., the award

The Constitutional Court declared under the No 80/2011 Coll., Act No. 364/2011 Sb.

Act No. 366/2011 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll.

Act No. 331/2012 Coll., Act No. 384/2012 Coll. and Act No. 401/2012

Coll., is amended as follows:



1. In paragraph 4, at the end of paragraph 2 the following sentence "the social services referred to

in § 37, 57, 60 and 69 shall be granted also to the person who is the victim of a

the crime of human trafficking or the introduction of ^ 54). ".



Footnote # 54:



"54) § 168 and 172 of the criminal code.".



2. In paragraph 82, the following paragraph 7, including footnote # 55

added:



"(7) the Registering authority shall inform without delay the Ministry of

Justice of the amendment or revocation of the marketing authorisation

provider of social services, which is under the Ministry of

Justice also in the registry is written to help the victims of the providers

criminal offences under the law on victims of crimes ^ 55).



55) Act No. 45/2013 Coll., on victims of crime and amending certain

laws (the law on victims of crime). ".



PART ELEVEN



Amendment of the Act No. 41/2009 Sb.



§ 61



In Act No. 41/2009, Coll., amending certain acts in connection with the

the adoption of the criminal code, is part of the thirty-fourth shall be deleted.



PART TWELVE



The EFFECTIVENESS of the



§ 62



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

following the date of its publication, with the exception of the provisions



and § 39-43), § 44 para. 2, § 47 para. 1, 2, 3 and 6, § 48 para. 2 and §

49 (b). (f)) which shall take effect on the first day of the second calendar

month following the date of its publication,



(b)) § 52 section 1 and section 53, which will become effective on 1 January 2004. may 2013,



(c)) § 52 points 2 and 4 to 8 and § 55 points 1 to 5, 9, 10, 13 and 14, which

They shall become effective on the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.



1) Council framework decision 2001/220/JHA of 15 March 2001. March 2001 on

the standing of victims in criminal proceedings. Council Directive 2004/80/EC of 29 April 2004.

April 2004 relating to compensation to crime victims.



2) Law No 273/2008 Coll., on the police of the Czech Republic, as amended by

amended.



3) Act No. 13/1993 Coll., the Customs Act, as amended.



Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech

Republic, as amended.



Act No. 124/1992 Coll. on Military Police, as amended

regulations.



Act No. 553/1991 Coll. on the municipal police, as amended.



4) Act No. 99/1963 Coll., the civil procedure code, as amended

regulations.



5) Act No. 137/2001 Coll., on special protection of witnesses and other persons in

connection with criminal proceedings and on the amendment of Act No 99/1963 Coll.,

the civil procedure code, as amended.



6) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



7) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended.