Amendment To The Criminal Code And Certain Other Laws

Original Language Title: změna trestního řádu a některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51536&nr=265~2F2001~20Sb.&ft=txt

265/2001 Coll.



LAW



of 29 April 2004. June 2001,



amending Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended by later regulations, and Act No. 140/1961 Coll.,

the criminal code, as amended, and some other laws



Change: 283/2004 Coll.



Change: 362/2003 Coll.



Change: 274/2008 Sb.



Change: 41/2009 Sb.



Change: 45/13 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment to the criminal procedure code



Article. (I)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

the text of Act No. 57/1965 Coll., the 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. 172/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

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

Court No. 214/1994 Coll., the finding of the Constitutional Court 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 award

The Constitutional Court No 77/2001 Coll. and Act No 144/2001 is amended as follows:



1. In section 2 (2). 1, the words "as the accused" shall be deleted.



2. In article 2 paragraph 4 is added:



"(4) If the law does not provide for something else, forwarded to the authorities responsible

in criminal proceedings ex officio. The criminal case must consider what

quickly as possible and with a full investigation of the rights and freedoms guaranteed by the Charter

fundamental rights and freedoms and the international treaties on human rights and

fundamental freedoms, which the Czech Republic is bound; in the implementation of

the operations of the criminal proceedings to the rights of persons affected by such operations

touching, to intervene only in duly substantiated cases, on the basis of the law and in the

to the extent necessary to ensure the purpose of the criminal proceedings. The content of petitions

to meet these obligations, the intervening authorities active in criminal proceedings

perceptions. ".



3. In section 2, paragraph 5 is added:



"(5) the authorities active in criminal proceedings shall act in accordance with their rights

and the obligations set out in this Act and with the concurrence of the parties to

the facts of the case have been detected, of which there are grounds for reasonable doubts, and it

to the extent that is necessary for their decision. The confession of the accused

does not relieve the authorities active in criminal proceedings, the obligation to examine all

the essential facts of the case. In the preliminary proceedings, the enforcement authorities in

criminal proceedings, clarify the manner set out in this Act and no design

Parties as carefully the circumstances in favour and against

the person against whom the proceedings. In the proceedings before the Court, the Prosecutor and the

the accused may support their positions to design and implement evidence.

The public prosecutor is obliged to prove the guilt of the accused. It does not relieve the

the Court of the obligation to furnish evidence to the extent required for its

decision. ".



4. In section 2, paragraph 8:



"(8) criminal prosecution before the courts is possible only on the basis of the indictment, or

proposal for punishment that serves a State representative. Civil action in the

proceedings before the Court shall be represented by the Prosecutor. ".



5. In section 2, paragraph 11:



"(11) the oral proceedings before the courts; the witness depositions of witnesses, experts and

the accused shall be carried out as a rule so that these people will hear. ".



6. In section 2, paragraph 14:



"(14) the authorities active in criminal proceedings, the lead management and be their

the decision in the Czech language. Anyone who declares that he does not control the Czech

the language is entitled to use before the law enforcement authorities in the enforcement of its

mother tongue or the language, stating that it wields. ".



7. § 3 reads as follows:



"section 3



(1) the trade unions or employers ' organisations and other

civil unions, with the exception of political parties and political movements,

Church, religious society, and legal persons pursuing a in the subject

your activities of charitable purposes (hereinafter referred to as "interest citizens Association")

can act to prevent a crime prevention in a manner

referred to in this Act.



(2) the Interest Association of citizens can interact in the education of persons with

which the Court on conditional abandonment of punishment with supervision, or

the prosecution has been conditionally suspended, conditionally

conditionally sentenced inmates to prison with supervision and

conditionally released; They also help create conditions so that the person

He lived a full life after punishment. ".



8. sections 4 and 5 shall be deleted.



9. section 6:



"section 6



(1) an Association of citizens may offer a guarantee



and for the behaviour of the accused), whose prosecution was conditionally

stopped,



(b) the rehabilitation of the convicted person), for which it has been conditionally waived

punishment with supervision, which was liable to a penalty of deprivation of liberty, the

the performance was postponed for a trial period, conditionally to the penalty for the convicted person

prison with supervision, or



(c) completion of the axle of the convicted person), which carries a prison sentence

liberty, the penalty of disqualification or prohibition; in these

cases, the Professional Association of citizens at the same time propose a conditional

the release of a prisoner from imprisonment or conditional discontinuance

from the rest of the performance penalty of disqualification or prohibition of residence. To obtain the

supporting documents for such application may, with the consent of the convicted person to inform the

about his behavior and the previous sentence.



(2) an Association of citizens may also propose that the binding in the case of the accused

has been replaced by the guarantee (section 73), and submit a request for the prisoner

a pardon and expungement of the conviction.



(3) an Association of citizens, which has taken over a guarantee is required to operate

on the accused or the convicted person, in order to live a full life, and

adopt the necessary measures; an Association of citizens also take care that

replace any damage caused by the criminal offence. "



10. In section 8, paragraphs 2 and 3 are added:



"(2) If, in a criminal proceeding should be for proper clarification

circumstances showing that a crime has been committed, or in the

proceedings before the Court to assess the circumstances of the accused or for the performance of

the decision, prosecutors can, and after the indictment or the proposal on

the punishment of the President of the Senate require data that are the subject of

Bank secrecy, and the data from the register of securities. In proceedings of the

the offence under section 178 of the criminal code, the Authority operates in the criminal

management require individual data obtained under the special law for the

statistical purposes. The conditions under which the Authority operates in the criminal

management of information obtained in the administration of taxes, provides for a special law.

The data obtained pursuant to this provision cannot be used for any purpose other than

for criminal proceedings, in which it was requested.



(3) compliance with the obligations referred to in paragraph 1 may be refused with reference to the

the obligation to maintain the secrecy of classified information protected

a special law or State or recognized an obligation imposed

confidentiality agreement; This does not apply,



and) if the person who has these responsibilities, would otherwise be issued

the risk of criminal prosecution for failure to notify, or nepřekažení of the criminal

Act, or



(b)) when handling the request body active in criminal proceedings concerning an

where the requested person is at the same time by the developer of the crime.

The State recognized the obligation of confidentiality under this Act

such an obligation is not considered, whose range is not defined by the law, but

It follows from the legal action taken on the basis of the law. ".



11. In section 8, the following paragraphs 4 and 5 shall be added:



"(4) unless otherwise provided in the special conditions under which the law can be used for the purposes of

criminal proceedings to disclose the fact that they are under such law

classified, or which are covered by the obligation of professional secrecy, these

facts for criminal proceedings require the prior consent of the judge.

This is without prejudice to the obligation of confidentiality under the law on lawyer

the legal profession.



(5) the provisions of paragraphs 1 and 4 shall not affect the obligation of

the secrecy imposed on the basis of the renowned international treaty, which is

Czech Republic tied. "



12. section 11 including the title:



"section 11



Inadmissibility of criminal prosecution



(1) the prosecution cannot start, and if it was already opened, it cannot be

continue and must be stopped



and if it shall order) of the President of the Republic, starting his law giving grace

or amnesty,



(b)) if the prosecution barred,



(c)) in the case of a person who is excluded from the powers of the institutions operating in the

criminal proceedings (section 10), or the person to whose prosecution is according to the law

require the consent, if such consent was not given by the competent authority,



(d)) with respect to a person who, for lack of the age is not criminally liable,



(e)) against the person who died or was declared dead,



(f)) against it, against whom an earlier prosecution for the same Act has ended

by a final judgement of a court or by a court decision or other

the authorised authority been stopped, if the decision was not in the

the prescribed proceedings,



g) against it, against whom an earlier prosecution for the same Act has ended
a final decision on approval of the settlement, if a decision

It was not in the prescribed proceedings;



h) against it, against whom an earlier prosecution for the same Act has ended

a final decision on the referral with suspicion, that the deed is

offence, other administrative deliktem or disciplinary offense, if

the decision was not cancelled in the prescribed proceedings;



I) is where the criminal prosecution shall be conditional upon the consent of the injured party and the consent of the

was not given or was taken back, or



j) if so famous for the international treaty, which is the Czech

Republic is bound.



(2) If a reason referred to in paragraph 1 only one of the minor attacks

the continuation of the offence, does not prevent it to the rest of the

such a crime the prosecution took place.



(3) in a prosecution that has been stopped because of the referred to in

paragraph 1 (b). and (b))) or even), but continues to have declared

the accused within three days from the time when he was a resolution on the cessation of the criminal

the prosecution announced that on the hearing of the case. About the accused must be

learn. ".



13. In section 12, paragraph. 1 are deleted the comma after the word "representative" and the word

"investigator".



14. In section 12 paragraph 2 is added:



"(2) the police authorities shall mean the services of the Police of the Czech Republic and in the

proceedings on criminal offences of police officers of the Interior Ministry Department for

inspection activities. They have the same status in the proceedings for offences

members of the armed forces in charge of the military police, authorities in the management of

crimes members of the prison service of the Czech Republic in charge of

authorities and in proceedings for offences of members

Security information service in charge of information security

the service. The position of the police authorities are also responsible for the Customs authorities in

conduct proceedings for crimes committed by the violation of the customs legislation and

regulations on the import, export or transit of goods, and even in cases where the

This is about the crimes of armed forces or of the armed

Corps and services. Unless otherwise specified, are the authorities

entitled to all the acts of criminal procedure belonging to the scope of the

the police authority. ".



15. In section 12, paragraph. 10, the words "section from the initiation of criminal proceedings,

Alternatively, since the implementation of the urgent or unrepeatable acts (section 160

paragraph. 1, 2) to the indictment, referrals, interruption or

stopping criminal prosecution before the filing of the indictment "shall be replaced by the words

"the stretch of proceedings under this Act since the writing of the start record of operations

the criminal proceedings or the execution of urgent and unrepeatable acts,

that immediately precede, and where these operations have not been carried out,

Since the start of the prosecution to transfer the case charges

another authority or stopping criminal prosecution, or to the decision or

the emergence of other facts, which have the effect of stopping the criminal prosecution

prior to the filing of the indictment, including clarification and verification of facts

showing that a crime has been committed, and investigation ".



16. In section 12, the following paragraph 12, which read:



"(12) by deed under this Act shall mean also the Sub attack

the continuation of the offence, unless expressly otherwise provided. ".



17. section 17:



"§ 17



(1) a County Court is held in the first instance proceedings for offences, if the

the law provides for a prison sentence, the lower limit shall be

at least five years, or if they can save an exceptional punishment. About

offences



and) treason, subversion, terror, sabotage, sabotage,

spying, the threat to classified information, and the crime of genocide

under section 1 of the Act No. 165/1950 Coll., on the protection of peace,



(b) committed by means of bills of Exchange) cheques and other securities

derivatives and other values negotiable on the capital market, or

their counterfeits and imitations, if their legal character is causing

considerable damage or obtain significant benefit, and



(c)) the infringement on the disposal of controlled goods and

technologies under section 124a to 124 c, the infringement of foreign

trade with military material under section 124d to 124f driver violations

the binding rules of economic trade, pursuant to section 127, abuse

the information in the course of trade, pursuant to section 128, unfair competition under section 149

criminal law,

takes place in the first instance by the district court proceedings even if the lower limit of the

imprisonment is lower.



(2) a County Court is held in the first instance, the procedure also about the attacks

the continuation of the offence, if the procedure laid down in section 37a of the criminal

the law comes in this management decision on the guilt of some of

the offences referred to in paragraph 1. ".



18. In § 20 paragraph 1 reads:



"(1) against all the accused, whose crimes are related, of all

the attacks continued, or mass crime and all parts of the

of an offence takes place in common control, unless

important reasons. For other offences, held joint management

then, if such a procedure is suitable in terms of speed and efficiency

control. ".



19. In section 22, the words "referred to the celebrated before an incompetent by the Court" shall be replaced by the words

"it superior court".



20. section 24 of the title:



"§ 24



The decision on the jurisdiction of the Court



(1) if doubts about the jurisdiction of the Court, decides

which court is competent to hear the case, the Court, which is the closest to the

together under the Court in which the prosecution has been filed, to which the case was

referred to under section 295 or was it superior court, and

the Court, which is to be responsible pursuant to the decision on the presentation of the case to the

the decision on jurisdiction [section 188 (1) (a)), section 222, paragraph. 1, § 257

paragraph. 1 (a). and)]. It is bound only the legal aspects of the cut-off

jurisdiction (§ 16 to 22). If the Court to which the case was

submitted to the decision of the superior court, according to the law, the competent

shall refer the matter to the decision on the jurisdiction of the Court, which is jointly

Superior Court case and the Court referring to the competent according to the law.



(2) the Court shall decide on the jurisdiction of the Court, may at the same time

decide on the withdrawal and the commandments because of the things referred to in § 25. ".



21. In section 27 is at the end of the following sentence shall be added: "If in the proceedings before the Court

on the progress of the Act created an audio recording, and as a result of this the President of the

the Senate is not dictated by Protocol, communicates with, if it needs to be, the higher the

the clerk or the clerk protokolující. ".



22. under section 27 shall be inserted a new section 27a to 27 c, which including the following title:



"§ 27a



A higher court clerk



A simple decision, with the exception of the decision on guilt and punishment, usually

be issued and executed, and the administrative tasks connected with the proceedings conducted

the higher the clerk; the special law stipulates the scope and determine

which tasks can later the clerk separately, and when

progresses of the credentials of the judge.



section 27b



Probation officer



(1) an official of the probation and mediation service (hereinafter referred to as "probation officer")

exercises supervision over criminal proceedings the accused of both in

positive leadership and help the accused and in control of its behavior

and in cases where supervision has not been saved, carried out acts designed to ensure

to the accused led an orderly life, if it was decided to



and for the release of the accused) of links while voicing supervision



(b)) on conditional cessation of criminal prosecution,



(c)) on conditional abandonment of punishment with supervision,



(d)) on conditional sentencing, including conditional sentencing with supervision,



e) on conditional release from imprisonment, including

conditional release from imprisonment under the current

the mention of supervision, or



(f) imposition of sentence generally) about the community or the prohibition of stay

While voicing reasonable restrictions and reasonable obligations.



(2) a probation officer may be a representative and in the proceedings before the Court

the Chairman of the Senate entrusted with identifying information about the person of the accused and

his social circumstances and creating the conditions for a decision on the

approval of the settlement and on conditional cessation of criminal prosecution. For

the conditions laid down by a special law can perform the individual tasks and

without such instruction. In the proceedings before the Court may exercise the individual

acts of enforcement, in particular in cases where the penalty was saved

If the imprisonment or when the person was from prison

imprisonment conditionally released or in the performance of individual species

the protective measures.



(3) Detailed the conditions under which the probation officer shall exercise its

the scope, provides for a special law.



section 27 c



Assistant judge of the Supreme Court



Assistant judge of the Supreme Court shall be individual acts of criminal proceedings

on behalf of the judge of the Supreme Court. Its scope lays down special

law. ".



23. section 28 is added:



"section 28



(1) if it is necessary to convey the contents of the documents, testimony or other

the procedural act or the use of the accused's right referred to in § 2 (2). 14,

pick up the interpreter; the same applies, if the provision of an interpreter
the person with whom you cannot communicate differently than sign language. The translator can

also be the rapporteur. If the accused does not the language that controls

or if the language or dialect, which is not the language of the nationality or

the official language of the State of which he is a citizen, and for such language or

the dialect is not registered, no person on the list of interpreters, shall designate an authority

active in criminal proceedings, an interpreter for the language of his nationality or

the official language of the State of which he is a citizen. In the case of a person without the State

citizenship, means the State where he has permanent residence, or the State of his

origin.



(2) under the conditions referred to in paragraph 1 shall be in writing to the accused

translate resolution on the initiation of prosecution, the resolution of custody,

the indictment, the proposal for punishment, the criminal judgment, command decision

the appeal and on conditional cessation of criminal prosecution; This does not apply,

If the accused declares that after the lessons, the translation of such

the decision is not required. If such a decision is more of the accused,

translates to the accused only of that part of the decision, that is, if the

It can be separated from other statements of decisions and their rationale.

Acquisition of translation of the decision and its authority ensures delivery

criminal proceedings, on whose decision it is.



(3) if service of a decision referred to in paragraph 2 is connected

the beginning of the time limit and need to make a written translation of such

the decision, a decision shall be deemed delivered when delivered a written

translation. ".



24. In section 29, paragraph 2 reads:



"(2) the amount of compensation and rewards the interpreter shall designate the authority which the interpreter

and in the proceedings before the Court the President of the Senate, without undue delay,

not later than two months from the billing of the refund and the rewards of an interpreter.

If the one who gained the interpreter, with the amount of charged compensation and

the rewards of an interpreter shall be decided by a resolution. Against the resolution is admissible

the complaint, which has a suspensory effect. ".



25. In section 29, the following paragraph 3 is added:



"(3) the Compensation and reward for the interpreter to be paid without undue

delay after their return, not later than 30 days ".



26. In section 30, paragraph. 1 the first sentence the words "the interrogator and" and

the word "authority" shall be inserted the words "or a person on business in it illuminating".



27. In section 30, paragraph. 2, the first sentence is deleted the text "investigator".



28. For section 31 section 31a shall be inserted:



"§ 31a



The reasons for that is from carrying out acts of criminal procedure ruled out higher

judicial officer or probation officer, and the procedure for deciding on

the law lays down specific exclusion. ".



29. In section 32, the words "charges" shall be replaced by the words "against him

prosecution ".



30. In § 33 paragraph 2 is added:



"(2) if the accused proves that he does not have enough resources to pay the

the cost of the defence, the President of the Chamber shall decide, and in preparatory proceedings

the judge, that he is entitled to the defence of a free or for a reduced fee. In

such a case, the costs of Defence wholly or partially borne by the State. ".



31. In section 33, paragraph 2, the following paragraph 3 is added:



"(3) the proposal for a decision referred to in paragraph 2, including the annexes, which have to be

demonstrated its soundness, serves the accused in pre-trial

through the public prosecutor and the Court in the proceedings before the Court, that

the Court in the first instance. Against the decision referred to in paragraph 2 is

admissible complaint, which has a suspensory effect. ".



The former paragraph 3 shall become paragraph 4.



32. In article 35, paragraph 2 reads:



"(2) the Advocate may not be a lawyer, against which it is or was conducted

prosecution, and as a result, in proceedings in which should exercise

defence, has the status of an accused person, a witness or of the person concerned. ".



33. In article 35, paragraph 2, the following paragraph 3 is added:



"(3) in criminal proceedings cannot be an advocate attorney who in it

testifies as a witness, an expert or is operating as a

interpreter. ".



The former paragraph 3 shall become paragraph 4.



34. In article 35, paragraph 4 reads:



"(4) in a criminal proceeding, in which the discussion of classified information

protected by a special law, is a body active in criminal proceedings shall be obliged to

Defense Attorney learn by such law. Of lessons is required to

make a record in the file and in writing within 30 days, inform the National

the Security Office. ".



35. In § 36 odst. 2 the words "the interrogator or" shall be deleted.



36. In § 36 odst. 4, after the word "also", the words "in the main version

held in the simplified proceedings against boarded, ".



37. In § 36a, paragraph. 2 the words "in proceedings on a complaint for violation of law

and in the proceedings on the application for authorisation of recovery ' shall be replaced by the words "in the management of

complaint for violation of the law, in proceedings on appeal and in the proceedings on the application

the authorisation of recovery ".



38. In section 37, paragraph. 2 at the end of the following sentence shall be added:



"If the change advocate, so that the defender could be on the Act is notified in

the statutory time limit, the authority of law enforcement from the date of delivery of the

such notification understands that the newly elected Defender. Otherwise,

is an advocate before the appointed or elected, if not of defending

excluded, obliged to carry out the defence until it takes over the

later the chosen defence counsel. ".



39. In article 37, the following paragraph 3 is added:



"(3) if the accused chooses two or more defenders and authority of law

in the criminal proceedings at the same time, which has not notified of these advocates took to

adoption of documents and to the vyrozumívání of the action of criminal proceedings, shall determine

the President of the Senate and, in preliminary proceedings the State Prosecutor; its

the decision shall notify all elected advocates. ".



40. under section 37 shall be added to § 37a is added:



"§ 37a



(1) the President of the Chamber and the pre-trial judge shall decide without design

the exclusion of the lawyer as the chosen defence counsel of the advocacy



and) referred to in section 35, paragraph. 2 or 3, or



(b)) if the advocate repeatedly fails to acts of criminal proceedings,

where is his participation necessary, nor does not ensure the participation of a representative,

Although he was duly and on time shall be informed of such operations.



(2) the exclusion of the lawyer as advocate and President of the Senate selected in

pre-trial judge shall decide whether or not, if the Defender performs

the defence of two or more spoluobviněných, whose interests in the criminal's

contrary to the control. Defender, who was expelled for this reason, cannot

the same things on exercise of any of the defendants defence.



(3) prior to a decision pursuant to paragraph 1 or 2 of the President of the Senate, and in the

preliminary proceedings the judge will allow the accused and defence lawyers that the case

expressed, and in the decision to this expression into account. If the decision of the

the exclusion of defence counsel, the accused, at the same time allows to you within a reasonable time

has chosen to advocate another; If the necessary defence, it shall proceed in accordance with § 38

paragraph. 1.



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

suspensory effect. ".



41. under section 40 shall be inserted a new section 40a, which reads as follows:



"§ 40a



(1) the reasons referred to in § 37a paragraph. 1 or 2, or if it does not

established longer period of defence counsel, the President of the Senate, and in the preparatory

the management judge and no design, decide on the exemption of the appointed defence counsel

duties of advocacy; prior to the decision allowing the accused and defense lawyers,

in order to comment.



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

suspensory effect. ".



42. In paragraph 41. 5 the second sentence, after the words "for the accused still"

the words "appeal and take part in proceedings on appeal from the Supreme

the Court, to submit ".



43. In section 43, paragraph 1, the following paragraph 2 is added:



"(2) the injured party is not the one who feels to be a criminal

Act morally or otherwise damaged, but the resulting injury is not caused by

the fault of the offender or its origin not in a causal relationship with

crime. ".



Paragraph 2 becomes paragraph 3.



44. In article 43, the following paragraph 4 is added:



"(4) the injured party may also be an explicit statement forwarded to the authority

law enforcement officials give up the procedural rights which the law

as the victim admits. ".



45. In article 44, paragraph 2 reads:



"(2) if the number of victims Is extremely high and individual performance

their rights could be threatened by the rapid progress of the criminal proceedings,

President of the Chamber shall decide, and in preparatory proceedings upon a proposal of the State

the representative of a judge that may damage their rights in criminal proceedings

apply only through a common agent, which

chooses. Shall notify the decision in proceedings before the Court and, in preliminary

proceedings, the State representative of the victims, who have already raised a claim for

the damage; the other victims of the decision shall be notified when the first act of the criminal

the proceedings, which shall be summoned or which is vyrozumívají.

If the total number of selected agents has risen to more than six

and the damage is to agree among themselves on the selection, the selection with

taking into account the interests of the victims justice. Common agent performs

the rights of victims, which he represents, including a claim for compensation

damages in criminal proceedings. ".



46. In paragraph 44. 3 digit "2" shall be replaced by the numeral "3".
47. In section 45, paragraph. 3 digit "2" shall be replaced by the numeral "3".



48. under section 45 shall be added to § 45a is added:



"§ 45a



All documents intended victim is delivered to the address that

the injured party shall indicate. If the agent, delivers to him alone; This does not apply,

If the injured party shall send a challenge to personally something. ".



49. Section 51 the following new section 51a is inserted:



"§ 51a



(1) shall attest to the injured party which filed in accordance with the law shall be entitled to

compensation for damage that does not have sufficient funds to pay the costs

incurred in retaining an agent decides on his proposal to the President of the Senate

the Court, which the Court in the first instance, and in preparatory proceedings by the judge,

that he is entitled to legal assistance free of charge or for a representative

reduced fee; This does not apply if, given the nature of the applicable

compensation or its amount should be represented by an agent

redundant.



(2) proposal for a decision pursuant to paragraph 1, including the annexes, which have to be

demonstrated its soundness, damaged in the preparatory proceedings

through the public prosecutor that attaches to it their observations.



(3) the conditions referred to in paragraph 1 shall designate the President of the Senate, and in the

preliminary proceedings judge agent damaged an advocate. The cost of

incurred with the inclusion of such an agent are borne by the State.



(4) if the reasons which led to the establishment of the monitoring trustee of the injured party,

or if the injured party's representative for important reasons to continue to

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

proposal for waiver of representation of the injured party.



(5) Against the resolution referred to in paragraphs 1, 3 and 4, the complaint is admissible,

has a suspensory effect. ".



50. In section 53, paragraph. 1, the first sentence is deleted the comma after the word "representative" and

the word "investigator" and the second sentence shall be deleted the comma after the word

"representative" and the word "investigator".



51. section 55 including title:



"§ 55



General provisions on the drawing up of the Protocol



(1) unless otherwise provided by law, of any act of criminal proceedings

draws up, normally when the Act or immediately after, the Protocol

which must include



and the naming of the Court) of the public prosecutor or another authority

performing the Act,



(b)) the place, time and the subject matter of the Act,



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

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

and the agents who participated in the Act, and in the case of the accused and the injured party

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

detection or identification, including date of birth, or social security

the numbers,



(d) a brief and concise) representation of the Act, which would have been apparent even

maintaining the legal provisions governing the implementation of the Act, on

the essential content of the decision when the Act was proclaimed, and-if the

the Act received a copy of the decision, the certificate of the service; If

verbatim protokolace testimony of the person carried out, it must be the

mark, so that it was possible to safely determine the beginning and end of each

protokolace,



(e) the parties granted) the draft guidance, where appropriate, representation of enlightened people,



(f)) arguments of the parties or persons [29] against the course of action or content

of the Protocol.



(2) if the circumstances Indicate the detected that the witness or a person he

in connection with the submission in the testimony apparently threaten to cause injury to the health of

or other serious danger of the violation of their fundamental rights, and if you cannot

witness protection reliably provide otherwise, the authority

criminal proceedings shall take measures for the confidentiality of the identity and appearance of the witness;

name and last name and other personal information are not recorded in the log,

but the result is separate from the criminal case file and can get acquainted with them

only authorities active in criminal proceedings in the case. The witness will instruct on the law

ask about the confidentiality of their form and to sign the Protocol on behalf of fancy and

the surname under which is then conducted. If it is necessary to ensure the protection of these

persons, law enforcement authority shall take without delay all necessary

the measures. A special way to the protection of witnesses and persons close to them provides

the special law. As the reasons for confidentiality if the form of the witness and the separate

management of personal data of the witness, the authority, which at that time leads the criminal

management of these data to the criminal file and the form of the witness shall continue to

neutajuje.



(3) the Protocol from a confrontation with the written testimony

konfrontovaných people literally, as well as the wording of the questions and

the answers to them; also, all the circumstances that are

purpose and implementation of the important confrontation. In the Protocol from the

rekognici is set out in detail the circumstances under which recognition

carried out, in particular, the order in which they were shown by persons or things

the suspect, the accused or the witness, the duration and the conditions for their

observation and their representation; about the rekognici carried out in preparatory

control is usually also takes pictures. In the Protocol from the

investigative experiment, about reconstruction and a review on the site must be

describe in detail the circumstances in which such operations are carried out, as well as

their contents and results; If the circumstances of the case do not exclude takes

also pictures, sketches and other suitable equipment, which, if

It may attach to the Protocol. Similarly, it is necessary to proceed in the case

the implementation of the other evidence, specifically in the law that are not covered.



(4) in the Czech language to draw up a Protocol on the testimony of persons, albeit

interviewee speaks in another language; It depends if the verbatim

the testimony, writes the writer or translator to the log

also part of the testimony in the language in which the person testifies.



(5) for the correctness of the Protocol corresponds to the one who carried out the operation. ".



52. under section 55, the following new section 55a and 55b, which including the following titles:



"section 55a



The use of special resources for protokolaci



(1) to capture during the Act can be used těsnopisného

the minutes, which are then combined with the transcription of the common fonts will connect to the

Protocol, or audio or video recording, or even another

the appropriate resource.



(2) if the Act Was taken next to audio or video log

record notes this fact in the log produced by the Act, in which the

In addition to the information about the time, place and manner of its implementation shall indicate whether or not the indication of

used resource. Technical record carrier is attached to the file or

in the docket shall, where it is stored.



section 55b



Some peculiarities of the protokolace in the proceedings before the Court



(1) if the Act in proceedings before the Court the action writer, dictates to him

President of Senate Protocol. If the progress of the Act created an audio

record and as the writer is involved a higher court official or

protokolující official protocol in the course of the Act were not dictated by, but

separately according to the record, it takes a higher court official or

protokolující official.



(2) the testimony of the persons that have already been heard, in the Protocol on the

the main version or in public meetings be recorded only as long as

contain derogations or additions to previous submissions. State representative

or the accused may request that testimony taken in the proceedings before the Court

or her part was literally logged; the President of the Senate, such

the request, if the subject of the testimony is not just a repeat of what is

already captured in the log.



(3) if the simplified procedure where an audio recording, the Protocol on the

the main version is not to be taken in writing, if the accused and

the Prosecutor declared that they waived the right to appeal

against the decision and a copy of the Protocol on the main version do not last,

or none of the parties have not made an appeal and the decision of the

remarry. In this case, the Court Clerk shall be greater

or protokolující official only a brief record of the progress of the main

version, stating only the place and the duration of the trial,

the persons present, the list of evidence and the statement made by the judgment, stating the

the statutory provisions to which it is applied. Unless the President of the Senate

a longer period, it is necessary to keep the sound record for a period of one year from the

the decision.



(4) in proceedings before the Court shall be responsible for the accuracy and completeness of the protokolace

the higher court official or an official of the protokolující, as if the action was

the writer.



(5) If an audio recording taken during the Act before the Court, and if it is not

given the reason for the procedure under paragraph 3, its essential content in the course

the Act or immediately after it recorded in the log. Resource

used to record the course of action it is necessary to mark, connect to

files and ensure its integrity. If the connection to the

the file may be mentioned in the log produced by the act instead of his

Save. The instruction to delete the record gives the President of the Senate as soon as possible after

the higher the Clerk shall certify the conformity of the log to record their signature;

deletion cannot be performed earlier than after the expiry of one year from the final

decision. ".



53. Article 59, paragraph 1 shall be inserted after paragraph 2 and 3 shall be added:
"(2) in the preliminary proceedings, the filing shall be taken orally to the police log

authorities and the District Public Prosecutor's Office; in the proceedings before the Court is

they are the district courts. If there are important reasons for it, they may

exceptionally make a Prosecutor's Office and the courts and the higher degree. Word of mouth

an appeal may be made to the Protocol.



(3) if the law for the submission of a particular species does not require additional formalities,

must be from the petition, which the authority of the law in criminal proceedings is

determined, who makes it, that stuff is what follows, and must be

signed and dated. The submission is to be submitted with the required number of

copies and annexes, so that one copy of the relevant

body active in criminal proceedings, and in order to any person interested in such a

the filing came a copy, if necessary. Does not satisfy the

These requirements, the authority of law enforcement it returns podateli, if

I know, to complement with the lesson, how to remove deficiencies.

At the same time setting a deadline to remove them. If you do not know or podatel

are not remedied within the time limit removed, to submit further

be taken into account; It does not apply to criminal charges or for another initiative, on

the basis of which it can be concluded on the suspicion of having committed a criminal offence,

or for the submission of, whose content is a remedy, even if it does not contain

all of the above requirements. Of the appeal, however, must always be

the petition, which challenges the decision and who makes it. ".



Paragraphs 2 and 3 shall become paragraphs 4 and 5.



54. In section 60, paragraph. 4 (b). and) are deleted the comma after the word "representatives" and

the word "investigators".



55. In paragraph 61. 1 the first sentence, after the words "permit" shall be inserted after

the words "unless otherwise provided by law,".



56. section 62 to 64, including the following titles:



"§ 62



General provisions



(1) has not been delivered in the Act of criminal proceedings,

her body active in criminal proceedings or by the holder of the

the postal licence (hereinafter "post"), and in the case that such a delivery

It was not successful, and by the authority of the municipality or of the competent

the police authority. If the document is served to the Court or the State

the Prosecutor's Office themselves, so their process or judicial authorities

the guards. In the cases provided for by specific provisions served the authority

law enforcement through the Ministry of Justice or

other established authority.



(2) if the accused has a defence counsel and damaged or the person concerned of the agent,

delivers a document is only defenders or agents, if the law

provides otherwise. If, however, the accused, the injured party or the person concerned

something personally to execute, deliver, document them.



section 63



(1) unless otherwise provided by this law, are used for the delivery

natural persons, legal persons, public authorities, State, lawyers,

notaries, municipalities and higher territorial entities, mutatis mutandis, the provisions

valid for service in civil proceedings.



(2) if the addressee of the accused, delivers him to the address

for this purpose, stated [section 55, paragraph 1, point (b) (c))].



(3) Delivering to advocates in proceedings against a fugitive documents

for the accused (section 306 (1)), proceed in the manner applicable to

delivery of the accused.



section 64



The service into your own hands



(1) into your own hands is delivered



the indictment, the accused) proposal for punishment and summons



(b)) persons entitled to appeal against the decision of the appeal a copy of the

in this decision,



(c)), where the other document is the President of the Senate, State representative or the

the police authority of the important reasons for ordering.



(2) if the addressee, which is to be served in their own

the hands, having been reached, the consignment shall be placed in an appropriate fashion and the addressee

inform where it can pick up. Collect the consignment to the addressee's

within ten days, the last day of the period for the day

delivery, even if the addressee of the depositing, although in place

delivery, or the address marked for the purposes of the service.



(3) a document is saved



and) at the District Court in whose area is the place of delivery, or in court,

which has its registered office at the place of delivery, if it delivers the Court

process or the authority of the judicial guard,



(b)) for the public prosecutor's Office, in whose district is a place of delivery, or

the Prosecutor's Office, which has its registered office at the place of delivery, if it

delivers process-public prosecutor's Office or a judicial authority

the guards,



(c)) for mail, if the service is by mail,



(d)) with the authority of the municipality, if the service is through the authority of the municipality,



(e)), the competent authority of the police if the document itself or served

It delivers the Court or the public prosecutor's Office by the police

authority.



(4) Save the consignment delivered in accordance with paragraph 2 may not be served if the



and the accused) decision to initiate a criminal prosecution, the prosecution, the proposal on the

punishment, the criminal judgment, order, or subpoena to the main version

or public meeting,



(b)) other document, if the President of the Senate, State representative, or

the police authority of the important reasons for ordering.



(5) if the imposition of delivery of the consignment, the consignor must be excluded on

consignment conspicuously indicate. ".



57. under section 64 shall be added to § 64a, including title:



"§ 64a



The refusal of acceptance



(1) if the addressee Refuses, or the person entitled to it a document

take, take, the document notes that the acknowledgement of receipt together with the date

and the reason for the refusal and the document is returned.



(2) if the President of the Senate, the public prosecutor or police authority

that document is posted, that the adoption was denied without good reason, it is considered

a document is considered to have been delivered on the date when the adoption was denied; on this

must be the addressee. ".



58. In paragraph 65. 1, the first sentence is deleted the comma after the word "agents" and

the words "as well as the social representative", in the last sentence, the comma shall be deleted;

the word "representative" and the word "investigator"; in paragraph 2, first sentence

are deleted the comma after the word "representative" and the word "investigator" in a sentence

Second, the words "the interrogator or"; in paragraph 3, last sentence

the words "record of communication charges" shall be replaced by "resolution on

the initiation of criminal prosecution ", and in paragraph 5, the dot at the end of be deleted and

the following words shall be added: "and the data covered by the State, the stored

or recognized by the obligation of professional secrecy. "



59. In section 66 paragraph. 1 are deleted the comma after the word "representatives" and the word

"investigators" and the comma after the word "representative" and the word "Detective";

in paragraph 2, the words "or educational Institute-turned".



60. the heading of section 67, including:



"§ 67



The reasons for custody



The accused may be taken into custody only if his conduct or

other specific facts justified concern,



and) that flees, or will hide, to criminal prosecution or

the penalty cannot be avoided, especially if his identity right away to find out if the

permanent residence or is he a high penalty,



(b)) that will act on the still nevyslechnuté of witnesses or spoluobviněné

or otherwise thwart clarifying facts significant for the prosecution,

or



(c)) that will repeat the crime, for which he is prosecuted, will the offense

the Act, which attempted to, or execute the offense, which prepared the

or threatened to

and yet the facts found indicate that the offence for which it was

prosecution has been committed, has all the characteristics of an offence,

are clear grounds for believing that the accused committed the offence,

and with regard to the person of the accused, the nature and gravity of the offence, for

that is, you cannot at the time of deciding the purpose of binding to achieve other

measure. ".



61. section 68:



"§ 68



(1) can only take into custody the person against whom the criminal was initiated

the prosecution. The decision on custody must be given also by the

by the circumstances. Of custody is decided by the Court and, in preliminary proceedings, to

the proposal of the State Prosecutor of the judge.



(2) take into custody of the accused, who cannot be prosecuted for an intentional offence is

the Act, for which the law stipulates a prison sentence whose upper limit

not exceeding two years, or for an offence committed through negligence, on the

which the law stipulates a prison sentence whose upper limit

does not exceed three years.



(3) the restrictions referred to in paragraph 2 shall, of course, if the accused



and fled or HID),



b) repeatedly failed to summons and failed to show it

or otherwise ensure his participation in the Act of criminal proceedings,



(c)) is an unknown identity and means it

to find out,



(d)) has already served on witnesses or spoluobviněné or otherwise thwart

clarifying facts significant for the prosecution, or



e) continued in the crime for which he is prosecuted. ".



62. In section 70, the first sentence reads: "the custody must without delay

notify a family member of the accused, as well as its

of the employer; This does not apply if the accused declares that with such a

notice, unless it comes to the notice of the family

juvenile. ".
63. in section 70 shall be inserted a new section 70a is inserted:



"section 70a



(1) the appropriate prison inform without delay should be about



and) taking the accused into custody,



(b)) change the reasons for custody,



(c)) of the decision on custody,



(d)) decision to release from custody of the accused,



(e) the indication of the statutory offences), for which the accused is prosecuted, or

about change,



(f) the name, surname and given name) at the defence counsel that the accused shall represent,



(g)) the personal data spoluobviněného if located in custody,



h) referral to another authority acting in criminal proceedings,



I) indictment or the final decision on the return of things

Prosecutor to the DGA has conducted.



(2) the notification referred to in paragraph 1, the authority of law enforcement,

who leads the proceedings at the time when the fact that needs to be

the prison announce; referral back to the Prosecutor to announce the DGA has conducted

the Court at first instance, such a decision made. ".



64. section 71:



"§ 71



(1) the authorities active in criminal proceedings are obliged to deal with the remand case

with the largest priority by accelerating.



(2) bond can last in the preliminary proceedings and in the proceedings before the Court only

as long as necessary. The binding of the grounds set out in section 67 (a). (b)) can

take a maximum of three months; This shall not apply if it has been established that the accused has already

He served on witnesses or spoluobviněné or otherwise thwart the clearing

the facts of relevance for the prosecution. If the accused who

It is not in custody at the same time for another reason, released before

the expiry of this period shall be from the binding of the grounds set out in section 67 (a).

(b) not later than the following day) released after the expiry of this period.



(3) if the duration of custody in preliminary proceedings reaches three months,

the public prosecutor is obliged within five working days after the expiry of this period,

decide whether the accused leaves remain in custody, or whether, for

links should be released.



(4) if the Prosecutor decides that the accused is in custody, is

shall, not later than three months from the legal power of this decision again

decide whether the accused leaves remain in custody or whether the

the accused are released from custody. Keep the accused in custody

You can, just if it was not possible for the difficulty of the case or other serious

the reasons for criminal prosecution in this period come to an end and the release of the accused on the

freedom is liable to be thwarted or substantially aggravated by the achievement of the purpose of the

a criminal prosecution.



(5) the Court shall, not later than 30 days from the date when it was made

the indictment was delivered to him, or when the file on the basis of the decision on the

referral or referral of the accused who is in custody,

decide whether the accused is in custody, or whether the accused

be released from custody.



(6) if the Court of the accused in custody, or if the Court decides on withdrawal

the accused into custody until after the filing of the indictment, is obliged to follow

Similarly, as mentioned in paragraph 4.



(7) if the duration of custody provided for in paragraph 5 or 6 ends

in the course of the proceedings on the appeal before the superior court, is to

the decision to keep the accused in detention or on his release on

the freedom of the competent superior court.



(8) the total period of custody in criminal proceedings may not exceed



and one year is)-if guided by the prosecution for the offence, which is

the review procedure single judge,



(b)) two years, if it is guided by the prosecution for the offence, which is

competent in the first instance held control of the Senate district or regional

the Tribunal, unless the offence referred to in subparagraphs (c) and (d))),



c) three years, if it is conducted by a criminal prosecution for particularly serious wilful

the offence, unless the offence referred to in subparagraph (d)),



(d)) four years, if it is conducted by a prosecution for an offence for which

in the special part of the Penal Code to impose an exceptional punishment.



(9) the period referred to in paragraph 8, the one-third goes to the preparatory

control and two-thirds of the proceedings before the Court. After this period is

the accused must be immediately released. If the accused is prosecuted for

two or more offences, is crucial for determining this time performance

strictly as a crime. If, in the course of the proceedings it becomes clear that the deed,

for which prosecution is another criminal offence, and

links done already exceeds the length of the period of time specified under the preceding sentence,

the accused must be released from custody within fifteen

days from the date when notification of the change of the legal qualification of the offence,

even if one coupler reason takes.



(10) the period of detention shall be calculated from the date when the arrest occurred, or

the detention of the accused, or by the arrest or detention, from the

the date on the basis of the decision on custody to limit personal freedom

of the accused. In the case the Prosecutor continues to the DGA has conducted

the time limit referred to in paragraph 3 as from the date when the file was delivered to the

the representatives.



(11) the length of detention, of which it was decided, pursuant to section 265o paragraph. 2, §

paragraph 275. 3, § or § 287, paragraph 314k. 1 shall be assessed separately and

regardless of the custody in the original proceedings. ".



65. section 72:



"§ 72



(1) all law enforcement bodies are obliged to continuously

to examine whether the reasons for custody persist or have changed. The judge then

in the preliminary proceedings only in proceedings on a complaint against the decision of the

referred to in § 146a of paragraph 1. 1 (a). and).



(2) the accused must be immediately released if the



and pass the binding reason) or



(b)), it is clear that, given to the person of the accused and the circumstances of the case

the prosecution will not lead to the imposition of unconditional imprisonment,

and the accused did not commit the acts listed in section 68, paragraph. 3.



(3) the accused has the right at any time to apply for release. For such

the application, the Court must, without delay, at the latest within five working days,

decide. If the application is rejected, the accused may, unless it

other reasons, repeat until after the expiry of 14 days from the final

decision.



(4) if the Prosecutor Agrees with the release of the accused on freedom,

may, in proceedings before the Court for release from custody may decide the President of the

Senate. ".



66. section 73, including a title:



"§ 73



Replacing the binding guarantee, or promise



(1) if the given reason for the links referred to in section 67 (a). and) or (c)), the authority may

the crucial link to leave the accused free or release him on

freedom, if



and an Association of citizens) referred to in section 3, paragraph 3. 1, or trusted

a person able to favourably influence the behaviour of the accused, offer acceptance

guarantee for the further conduct of the accused and considered that the accused, at the invitation

come to the Court, Prosecutor or police authority and that always

in advance, notify the remote from the place of residence and institution of the critical link

the warranty shall be deemed given to the person of the accused and the nature of the particular

the case for reasonable and accepts it,



(b) the accused gives a written promise) to lead an orderly life, in particular that the

Let the crime, on the invitation to come to court, the State

representatives or police authority, always in advance, notify the remote from the

places to stay and to fulfil their obligations and respect the restrictions imposed,

and the authority is considered crucial for the binding promise given to the person of the accused and the

the nature of the particular case as sufficient and take it, or



(c)) with regard to the person of the accused and the nature of the case can be

the purpose of the links achieve supervision probation over the accused.



(2) the Court and, in preliminary proceedings, the Prosecutor acquainted who offers

guarantee referred to in paragraph 1 (b). and) and meets the conditions for its

acceptance, with the nature of the allegations and the facts, which is perceived as beginning

the reason for the detention.



(3) the accused, which was ratified by the supervising probation officer

detention is obliged to appear within the time limits

the probation officer, change place of residence only with his consent and

to be subject to additional restrictions set out in the statement of decision, which

pointing to the fact that the crime was not committed and didn't lose no progress

the criminal proceedings.



(4) if the accused fails to comply with the obligations imposed in connection with the substitution

links some of the measures referred to in paragraph 1 and if they insist the reasons

custody, the Court, and in preparatory proceedings upon a proposal of the State Prosecutor judge

decide on the custody. ".



67. section 73a including title:



"section 73a



Financial guarantee



(1) if the given reason for the links referred to in section 67 (a). and) or (c)), the authority may

the crucial link to leave the accused free or release him on

also, if the freedom to adopt a composite financial guarantee, whose

the amount of the determined. However, if the accused is prosecuted for the crime of terror (section 93 and

93A), a general threat under section 179, paragraph. 2, 3, the illicit manufacturing of and

possession of the narcotic drugs and psychotropic substances and poisons under section 187, paragraph. 3, 4,

murder (section 219), bodily injury (art. 222), robbery under section 234, paragraph.

3, rape under section 241, paragraph. 2 to 4 and sexual abuse pursuant to section

paragraph 242. 3, 4 of the criminal code and, if given the reason for the links referred to in § 67

(a). (c)), the financial guarantee cannot be accepted. With the consent of the accused may
financial guarantee and the other person, but must be before the adoption of the

familiar with the substance of the allegations and the facts, which is perceived as beginning

the reason for the detention.



(2) On the proposal of the accused or the person who offers the composition of cash

the guarantee, the authority referred to in paragraph 1 shall decide that



and the adoption of the financial guarantees) is permissible, and at the same time taking into account the

the person and the circumstances of the accused or to the property of the person who in his composition

financial guarantees it offers, to the nature and gravity of the offence, for which the

the accused is being prosecuted, and the seriousness of the reasons of the binding determines the amount of financial guarantee

in the corresponding to the value of CZK 10 000 the amount and the method of composition, or



(b)) due to the circumstances of the case or the seriousness of the facts

justifying the binding offer of bail does not accept.



(3) the Court, and in preparatory proceedings upon a proposal of the State Prosecutor judge

Decides that the financial security it seems to state if the accused



and hiding absconds,) or to notify a change in your stay, preventing

service of the summons or other court documents, the public prosecutor or

the police authority,



(b)) did not serve the summons to appear in criminal proceedings act, whose

the execution is impossible without his presence,



c) repeated crime or tries to accomplish the crime, that

previously nedokonal or prepared or threatened to, or



(d)) avoids the performance penalty of imprisonment imposed or the financial

the sentence or the performance of substitute imprisonment for a financial penalty.



(4) Financial guarantee shall revoke or amend the amount on the proposal of the accused

or the person who passed it, or even without the Court or State

the representative, who then leads the proceedings if that ceased

its adoption led, or the circumstances applicable to the determination of the

its amount. If the decision on the cancellation of the bail or on its

připadnutí of the State, shall examine at the same time, if they are not given the reasons for the

the decision on custody, and, where appropriate, carry out the necessary operations.



(5) if the Court Decides otherwise, it takes financial security for the accused that

has been sentenced to imprisonment or nepodmíněnému

the penalty, the difference relative to the date on which the accused will exercise custodial

freedom, to pay a financial penalty, and the costs of the criminal proceedings.

If the accused fails to pay a financial penalty or costs of criminal proceedings in

set a time limit on their payment shall apply funds from cash

the warranty.



(6) The reasons for which the financial security may accrue to the State or to be

used for the payment of a monetary penalty or costs of criminal proceedings,

the accused must be and the person who has passed a financial guarantee in advance

notified. ".



68. the following section is inserted after section 73a 73b, including title:



"section 73b



Authorities of the critical link



(1) on taking the accused into custody may decide only the Court and in the

on the proposal of the preliminary proceedings, the Prosecutor of the judge.



(2) the custody of the accused shall be decided by the Court and, in preliminary

the management of the State Prosecutor.



(3) to release the accused from custody even without request, may decide in the

the preliminary proceedings, the Prosecutor. He may also decide to

the release of the accused from custody while replacing the binding guarantee,

the promise, the supervision of the probation officer or the financial guarantee.

If the Prosecutor fails to comply with a request for release from custody, he is obliged to it

within five working days from delivery of the present to the Court's decision. After

indictment shall be referred to the decision of the Court. ".



69. § 74 including the title:



"§ 74



The complaint against the decision on custody



(1) against the decision on custody (section 68, 69, § 71 paragraph 2 to 5, § 72, 73 and

73A) is admissible a complaint.



(2) a suspensory effect only has a complaint against Attorney

the decision to release the accused from custody and the parties to the complaint against

the decision on the připadnutí cash guarantees of the State. However, if the State was

the representative of such a decision, his complaint

suspensory effect only if it was made immediately after its publication in the

the decision; in the case of release from custody after the publication of zprošťujícího

the judgment of the Prosecutor, the complaint has suspensive effect only when

If the Prosecutor has filed an appeal against the judgment also. ".



70. In section 75 is in the title, the word "investigator" shall be replaced by the words

"police authority" and in the first sentence, the word "investigator" is replaced by

the words "police authority".



71. In section 76, paragraph. 1 the first sentence, the words "the interrogator" shall be replaced by the words

"police authority" and the words "has not yet been communicated to her accusations"

replaced by the words "has not yet been initiated against her prosecution".



72. In section 76, paragraph. 2 the second sentence, the words "or the investigators".



73. In section 76, paragraph. 3 the words "the interrogator" shall be replaced by the words "police

the authority ".



74. In section 76, paragraph. 4, the first sentence, the word "Investigator" shall be replaced by the words

"Police authority" in the second sentence, the words "with a record of the communication

the indictment (article 160) "shall be replaced by the words" with the preparation of a resolution on the initiation of the

criminal prosecution ", and in the last sentence, the words" the interrogator "is replaced by

the words "police authority".



75. In section 76, paragraph. 5, the words "it has not yet been communicated to the accusations"

replaced by the words "against her was not prosecution."



76. In section 76, paragraph. 6, after the word "advocate" shall be added after the comma and the word

"talk with him without the presence of a third person". The following is added at the end of this

the sentence: "of these rights is to be suspicious and give him

the full possibility of their application. "



77. In section 78, paragraph. 1, the first sentence is deleted the text "investigators".



78. In section 78, paragraph. 3 is deleted the text "investigator".



79. In § 79 paragraph. 1, the first sentence is deleted the text "investigator" and in the

the second sentence, the words "an investigator or police authority" shall be replaced by the words

"Police authority".



80. In § 79 paragraph. 3 the words "by an investigator or".



81. § 79a including title:



"§ 79a



Ensure the funds on the account with the Bank



(1) if the facts found Indicate that the funds on the

account with the Bank are intended to commit a crime or to his

having committed were used or are the proceeds of crime, the President may

the Senate, and in preliminary proceedings the State Prosecutor or police authority

decide to ensure the funds on the account. The police authority to

such a decision requires the prior consent of the Prosecutor.

The prior consent of the public prosecutor is not needed in the urgent

cases, that kid. The police authority is in this case

shall, within 48 hours to submit its decision to the Prosecutor, who

it either consent or is cancelled.



(2) the decision referred to in paragraph 1 shall be delivered to the Bank, which leads

account, and after the Bank has carried out, and to ensure the owner of the account. In

the decision shall indicate the bank account details, which means the account number and the code

the Bank and the amount of money in the currency, which is to ensure

applies. Unless the body active in criminal proceedings referred to in paragraph

1 otherwise, disables the moment of delivery of the decision, any layout with

funds that are on your account, up to the amount of collateral

with the exception of enforcement of the decision. For the payment of claims which are

subject to the exercise of judicial or administrative decisions, preferably

apply cash untouched by decision. With

funds, subject to the decision of the

in the context of the enforcement of a decision to dispose of only after the prior consent of the judge and

in preliminary proceedings the State Prosecutor; This does not apply, if the performance of the

the decision is implemented to the satisfaction of the claims of the State.



(3) if the collateral of funds on the account for the purposes of criminal

control is no longer needed or to ensure there is no need in the specified amount,

body active in criminal proceedings referred to in paragraph 1 to ensure cancels or

is limiting. The police authority to such a decision needs the previous

the consent of the Prosecutor. The decision on the revocation or limitation of collateral

It is to be delivered to the Bank and the account holder.



(4) the owner of the account, the funds in the account have been secured, the

the right at any time to request the revocation or limitation of collateral. Of such applications

must the Prosecutor and in the proceedings before the Court the President of the Senate without delay

decide. If the application is rejected, the owner of the account, unless

in her new reasons, repeat until after the expiry of 14 days from the final

decision.



(5) against the decisions referred to in paragraphs 1, 3 and 4 shall be admissible complaint. ".



82. under Section 79a inserted new section 79c aircraft and that including the following title:



"§ aircraft



Of the reasons for that can be used to ensure the funds on the account with the Bank,

You can decide to ensure the funds on the account for savings

and credit cooperatives or other entities, which lead to another account,

blocking of funds of pension insurance with State

contribution, drawing the financial credit and block block financial

the lease. On the process of deciding on the collateral and the cancellation or

restrictions to ensure the provisions of § 79a shall be used mutatis mutandis.



§ 79c



Book-entry securities collateral
(1) if the President of the Senate or in preliminary proceedings the State

the representative of the book entry securities collateral, securities

securities, legal person authorized to the management of records and for the performance of

other activities of the Centre of securities under the special law

the Czech National Bank or establish their owners a special account, on which the

These securities leads.



(2) in cases of emergency, that kid can ensure

book-entry securities may decide whether or not the police authority. To the 48

hours is required to submit its decision to the Prosecutor, who

it either consent or is cancelled.



(3) the moment of notification of the decision to ensure waste is prohibited

securities, which are covered by the collateral. Body active in criminal

the proceedings referred to in paragraphs 1 and 2 may, according to the nature and circumstances of the

the offence for which he is leading the prosecution, in decision

provide that, as a result of book-entry securities collateral cannot be

to exercise other rights.



(4) The reasons for the decision regarding the securing of dematerialised securities, the

the procedure for deciding on the collateral and the revocation or limitation of collateral

shall be used mutatis mutandis the provisions of § 79a. ".



83. In section 80 (2). 3 the first sentence is deleted the comma after the word "representative" and

the word "investigator".



84. In section 81, paragraph. 4, the first sentence is deleted the comma after the word "representative" and

the word "investigator".



85. Article 83, paragraph 2 reads:



"(2) The President of the command of the Senate or the judge executes search warrant

police authority. ".



86. section 83a and 83 PTS, including the following titles:



"§ 83a



Search warrant other premises and land



(1) order the inspection of other premises or land shall be entitled to the President of the

the Senate, in the preliminary proceedings, the public prosecutor or police authority.

The police authority needs the prior consent of the Prosecutor.

The command must be issued in writing and shall be justified. The user shall

the concerned premises or land, and has not been reached during the search,

immediately after the abolition of the obstacles that prevent delivery.



(2) the inspection of other premises or land shall give the authority

ordered, or at his command a police authority.



(3) No order or consent referred to in paragraph 1, the police

authority to inspect other premises or land only if the

command or consent cannot be achieved and does not tolerate delay,

or, in the case that the user space or land concerned in writing of the

declares that the tour agrees, and his statement to the police shall transmit to the

authority. This Act, however, must immediately inform the authority, which is

to issue a command or consent referred to in paragraph 1.



section 83 PTS



Click to search



(1) order a personal tour is entitled to Chairman of the Board and in the preparatory

the management of the public prosecutor or police authority with his consent.



(2) does not take a personal tour of the authority which it had ordered, on her

his command of the police authority.



(3) personal tour always of the same sex shall be exercised by the person.



(4) No order or consent referred to in paragraph 1, the police

authority to execute the personal inspection only if the command or

consent in advance to achieve cannot and does not tolerate delay, or if the

as for the person trimmed in the Act or the person to whom it was issued

the order to arrest. Without order or consent can also make personal

tour in the cases referred to in section 82, paragraph. 4. ".



87. In section 83c paragraph. 1, the words "an investigator or police authority"

replaced by the words "police authority".



88. In section 85b, the word "rekognici" shall be replaced by the words "rekognici, review

on the spot ".



89. the heading of the section of the fifth head of the fourth: "Detention and open

consignments, their confusion and monitoring ".



90. section 86, including the title:



"§ 86



The detention of consignment



(1) if it is to clarify the facts important for criminal proceedings in

specific things to be dead-letter content of postal items,

other packages or telegrams, the President of the Chamber, and in the preparatory

the management of the public prosecutor, to the post office or the person performing their

carriage issued by him and, in preliminary proceedings, either to the Prosecutor or

the police authority.



(2) No regulation referred to in paragraph 1 may be the transport of consignments

delayed on command of the police authority, if the thing does not tolerate delay, and

Regulation cannot be achieved. The police authority is obliged to hold

shipments within 24 hours, inform the public prosecutor. If the post office does not receive or

the person performing the transport of consignments in this case within three days of the regulation

referred to in paragraph 1, shall not transport the consignments further delay. "



91. In section 87, paragraph. 1 are deleted the comma after the word "representative" and the word

"investigator"; at the same time, in paragraph 3, the words "operator

the postal service "shall be replaced by the word" mail ".



92. In Section 87a, paragraph. 1, after the words "psychotropic substances" inserted text

"precursors," shall be deleted, the words ", issued under section 86, paragraph. 1. "



93. under Section 87a 87b new section inserted and 87c, including the following titles:



"§ 87b



Watch consignment



(1) the Prosecutor may, in the preliminary proceedings, the order to delivery

which is a reason to suspect that contains the things referred to in Section 87a, was

monitored, if it is needed to clarify the offence or

detection of the offenders and finding all the necessary facts to other

in a way, it would be ineffective or substantially reduced. Shipment tracking

According to the order of the public prosecutor of police authority; against persons,

which are monitored by the consignment must in so doing does not perform any acts

pointing to the issue or withdrawal of things. Progress tracking,

draws up a Protocol and, as appropriate, shall also be the image or other

record.



(2) No order under paragraph 1, the police authority to begin tracking

the consignment, if the thing does not tolerate delay, and the command cannot be achieved.

For this action the State Attorney shall inform without delay and proceed further

According to his instructions.



(3) in the course of tracking police authority may carry out necessary

measures to ensure that, with the knowledge and under the supervision of the Customs authorities

She received a consignment of goods referred to in Section 87a, paragraph. 1 or things is

substitute from the territory of the Czech Republic abroad or vice versa, or from

abroad through the territory of the Czech Republic in a third State.



(4) monitoring of shipments ends on the State police authority

the representative, and it is clear that the handling of the consignment originates, serious

danger of life or health, considerable damage to property, or threatening to

a serious danger that such shipment will not be able to watch, even without

such a command. At the same time as needed with the end of the package tracking

take action against further holding things, which make up the content

the consignment; This does not apply, if the monitored the consignment passes the State border

and in the framework of international cooperation the monitoring takes the

the authority of the foreign State.



§ 87c



Common provisions



Shipment within the meaning of § 86 to 87c means a course delivered by any

in a way, whether with the use of the mail or of any other person, including transport

hidden way. ".



94. In paragraph 88. 2, the fourth sentence is deleted and the last sentence shall read:

"The interception and recording of telecommunications made for the needs of all

authorities active in criminal proceedings, the police of the Czech Republic. ".



95. In paragraph 88. 4 the last sentence, the word "simultaneously" be deleted.



96. the following section is inserted after section 88 88a, which reads as follows:



"section 88a



(1) if it is to clarify the facts important for criminal proceedings to be

find out the details of keeping the telecommunications operation, which are

the subject of telecommunications secrecy or which are covered by the protection of

personal and intermediary data, the President of the Senate and in the preparatory

the management of the judge, to legal or natural persons that perform

telecommunications activity, indicated to him and, in preliminary proceedings, either

the Prosecutor or police authority. Command to determine the data on

telecommunications service must be issued in writing and justified.



(2) the statement referred to in paragraph 1 need not be, if to provide information can be

the consent of the user of telecommunications equipment, to which you want the data on

keeping telecommunications traffic. ".



97. In § 89 paragraph 2 is added:



"(2) A proof may serve all that can contribute to the clarification of the matter,

in particular, the testimony of the accused and witnesses, expert opinions, and documents

important for criminal proceedings and inspection. Each of the parties may evidence

find, submit or implement design. The fact that the evidence

could not find or not requested law enforcement authority, is not a reason to

rejecting such evidence. "



98. section 94 is deleted.



99. In Section 101a first sentence reads as follows:



"If the police authority Finds a reason to draw up the Protocol on the questioning

in the manner referred to in section 55, paragraph. 2, although the witness seeks and provides

specific facts, which according to him such a procedure of drafting Protocol

so warrant, the police authority of the public prosecutor shall submit the matter to

reviewed the accuracy of his procedure. ".



100. In section 102, at the end of paragraph 1, the following sentence shall be added: "the person that

were as follows přibrány, may propose the postponement of the Act at a later time and
in the course of the implementation of such act to propose its suspension or

their, if the implementation of the Act, or to continue in it should

negative effect on the mental state of the person. If there is no danger

the risk of late payment, the authority of law enforcement to such a proposal

satisfy. ".



101. In section 102 paragraph. 2 the first sentence, after the words "in section 211", the words

"paragraph. 1 and 2 ".



102. section 103 reads:



"section 103



The provisions of § 93 paragraph. 1 and 2 and section 95 of the questioning of the accused shall be

mutatis mutandis to the questioning of a witness. ".



103. section 104, including the title:



"§ 104



Features



(1) the witness is entitled to the reimbursement of necessary expenses, according to a special legal

the rules relating to the refund of travel and of proven loss of earnings

(proportional). The claim shall apply to a witness in three days after its

of the hearing or after he was informed that the hearing does not occur; on it

the witness must be notified.



(2) the Entitlement referred to in paragraph 1 has a witness or another person, with the exception of

the suspect or accused, also come to challenge authority

law enforcement to perform another Act.



(3) the amount of the costs be determined normally immediately after the exercise of the right to

features one who witness or other person referred to in paragraph 2

call, and in the proceedings before the Court the President of the Senate. ".



104. Section 104 shall be inserted after the third section (Section 104a to 104e), including

Title:



"The third Section



Some special modes of proof



Section 104a



The confrontation



(1) if the testimony of the accused in serious circumstances does not agree with the

the testimony of a witness or the accused can be spoluobviněného, built

the witness, or spoluobviněnému in the face.



(2) if the testimony of a witness does not match in serious circumstances with

the testimony of the accused or of another witness, the witness may be built

the accused or another witness face to face.



(3) the confrontation can be done up to then, when each of the persons to be

confronted, was previously interviewed and her testimony was drawn up

Protocol. During the confrontation with the interviewee asks for it, to the other person

testified in direct speech of his claims about the circumstances in which the testimony of the

konfrontovaných people disagree, or to other circumstances,

that its claim relates and which has not yet nevypovídala. The person

built face to face they can ask each other questions only with the consent of

vyslýchajícího.



(4) for the confrontation of the provisions on the testimony of the accused and the

witnesses.



(5) a person younger than 15 years can face only

exceptionally, if this is strictly necessary for the clarification of the case; in such a

the case is to be used, mutatis mutandis, to section 102. Face to face, you cannot build a witness,

whose identity is concealing the reasons referred to in section 55, paragraph. 2.



(6) if necessary after the end of the confrontation to hear against the

the person with the hearing separately.



(7) the confrontation is undertaken only in proceedings before the Court; before

the filing of the indictment can be confrontation only exceptionally, if it can be

expect that its implementation will contribute significantly to the clarification of the case and

the same objective could not be achieved by other means.



section 104b (1)



Recognition



(1) Recognition takes place, if it is important for the criminal proceedings, to

the suspect, the accused or the witness again recognized the person or thing, and determined by

their identity. To the implementation of the recognition you always pick up at least one

the person, who is not involved in the case.



(2) a suspect, accused person or a witness, who have to get to know a person or thing,

listen to before the rekognicí of the circumstances under which a person or thing

they perceived, and about the characters or specific characteristics according to which it would be possible to

a person or thing. Person or thing that has to be recognised, they must not

be shown before the rekognicí.



(3) if the person to be identified, the suspect, the accused or

the witness between at least three persons, which greatly differ very little.

The person who is to be identified with prompts that are included on any

the space between the displayed person. If a person has to be identified not by

their appearance, but by voice, allowing her to speak in

any order among other people with a similar voice

characteristics.



(4) if it is not possible to show the person to be identified, recognition,

According to the photos, which is submitted to the suspect, the accused

or witness with similar photos of at least three other people. This

the procedure may not immediately preceded by a rekognici point person.



(5) Has to be identified thing, the suspect, the accused or

the witness, in the Group of things of the same kind if possible.



(6) for the rekognici otherwise the provisions of the testimony of the accused and the

witness.



(7) according to the nature of the things can be rekognici to do so, to make discerning

the person immediately met with a poznávanou person. If done

recognition for the participation of a person younger than 15 years of age, shall be used, mutatis mutandis, to section

102. Rekognici in the presence of a witness, the identity of the concealing of the

the grounds referred to in section 55, paragraph. 2, can be used under the terms of the confidentiality of its form and

personal data to perform, if the witness is a discerning person.



(8) after the implementation of the recognition with the suspect, the accused or the witness

to listen again, if you need to remove the contradiction between their testimony and

the results of the recognition.



section 104 c



Investigative experiment



(1) the investigative experiment shall be held to be observing in artificially

created or verified or clarified stages rotating conditions

facts in criminal proceedings, where appropriate, new

the facts important for criminal proceedings.



(2) to carry out investigation experiment fails, if it is

due to the circumstances of the case or the suspect, the accused person,

spoluobviněného, the injured party or witness inappropriate or if the purpose of the

you try to achieve different inquiry.



(3) to investigating the attempt that is being made in the preparatory proceedings, shall

be recognised that at least one person, who is not involved in the matter, unless the

would the inability to ensure her presence during the investigation thwarted the attempt

its implementation. If it is necessary due to the nature of the case and to

the facts that have come to light in criminal proceedings, to pick up

investigating the attempt by an expert, or the suspect, the accused and the witness.

Their participation in investigation attempt shall be governed by the provisions of the applicable

for their interrogation. To take part in investigation attempt to a person under the age of

than fifteen years shall, mutatis mutandis, to section 102.



(4) the acts that are related to the investigative experiment shall not be

the suspect, accused, victim or witness has the right to deny

the testimony compelled in any way.



§ 104d



The reconstruction of the



(1) Reconstruction takes place, in order to restore the situation and circumstances in

which the offence was committed, or to have a significant relationship,

examined the testimony of the suspect, the accused, spoluobviněného, damaged

or witness, if other evidence made in criminal proceedings

are not sufficient to clarify the matter.



(2) on the process of reconstruction will mutatis mutandis of the provisions on

exam attempt.



§ 104e



Examination on the spot



(1) the Examination shall be held on the spot, if necessary for the personal presence of the

the suspect, the accused or a witness or to supplement the information

important for the criminal proceedings that relate to a specific location.



(2) the procedure for the clearance of the site is adequately applied the provisions on

exam attempt. ".



The existing sections of the third to fifth are renumbered as sections of the fourth to sixth.



105. section 105:



"§ 105



(1) if it is to clarify the facts important for criminal proceedings to be

expertise, the authority of law enforcement training

expression. If the complexity of the issues under consideration for such a procedure is not

sufficient, pick up body active in criminal proceedings and in proceedings before the

the Court of the President of the Senate. On the use of experts to inform the accused and

in the proceedings before the Court, whether or not the Prosecutor. The other person about the inclusion of the

the experts shall inform, if submission of the expert's report should be, to this

person held or something strpěla.



(2) in the selection of a person as an expert is to be recognised, it must be

take into account the reasons for which, in the Special Act is a connoisseur of

the submission of the expert's report. When requiring vocational representation

law enforcement authority shall consider whether the person from which the professional

representation requires with regard to its relationship to the accused, others

involved in the criminal proceedings or to things is not podjatá.



(3) against a person expert can raise objections for reasons which shall lay down the

the special law. In addition, you can raise objections against the vocational focus

expert or against the formulation of the questions posed during the experts. In the preparatory

the management of the soundness of such objections will examine State representative and in the management of

before the Court, the presiding judge of the Court before which, at the time of the notification

opposition leads the proceedings; If the opposition is used in the context of amending

resource, is the authority, which is the responsibility of the appeal

decide. If this authority of the objections and the reasons for the request

the expert's report, it shall take steps to request an expert opinion
either another expert or by otherwise formulated questions; in the opposite

the case shall notify the person who raised the objection that did not find such a

the reasons for the procedure. Opinion on the objections cited in the context of amending

the device usually form part of the reasons for the decision of this

the appeal.



(4) If it is a clarification of the facts, particularly important is the need to

Add two experts. Two experts should be put always, if the

tour and an autopsy on the dead bodies (para. 115). For inspection and autopsy bodies may not

be involved as an expert, the doctor who treated the deceased for disease,

that death immediately preceded.



(5) for the professional representation in accordance with paragraph 1, you can ask the person who is

under the special law, included in the list of experts, and the physical or

a legal person who has the necessary technical prerequisites. State authority

shall provide the authorities active in criminal proceedings, professional representation, always without

remuneration. ".



106. In section 107, paragraph. 1, the penultimate sentence of the following sentence: "in the

justified cases, the expert will make even took part in the implementation of the

another act of criminal proceedings, if such act has significance for the

drawing up expert opinion. ".



107. In section 107, paragraph 1, the following paragraph 2 is added:



"(2) an expert přibraný to the submission of the expert's report on the cause of death or the

the health of the deceased person, is entitled to require health

the documentation relating to such persons; in other cases, it may

health documentation required under the conditions laid down in the specific

by the law. ".



Paragraph 2 becomes paragraph 3.



108. In section 108, paragraph. 3 the words "the interrogator" shall be replaced by the words "police

the authority ".



109. section 110 including title:



"§ 110



The opinion of the Institute



(1) in exceptional cases, particularly difficult, requiring special

the scientific assessment, the police authority or the Prosecutor and in the

proceedings before the Court the President of the Senate put the State authority, a scientific Institute,

high school or institution specialised in expert activity to

the submission of the expert's report or the review of the report submitted by the expert.



(2) the person who was involved, or to the submission of the expert's report on the review of

the report submitted by the expert referred to in paragraph 1, shall submit a report in writing. In it

designates the person or persons that have been developed and can be expert in

If necessary, as the experts heard; If it was necessary to put

two experts (article 105, paragraph 4), indicating at least two such persons.



(3) in the selection of the persons referred to in paragraph 2 shall be taken into account to

the reasons for which, pursuant to a special Act is the expert of the Administration

the expert's report.



(4) the provisions of section 105, paragraph. 3 the opinion of the Institute shall be used when requesting

Similarly,. ".



110. Section 110 shall be added to § 110a, which reads as follows:



"§ 110a



If the expert opinion submitted by the party has all the law

the elements and contains a clause to the expert that is aware of the

the consequences of knowingly false expert opinion, proceed when

the implementation of this evidence as well, as if they were an expert

pull body active in criminal proceedings. Body active in criminal

management will enable experts, which one of the Parties requested the expert

opinion, access to the file or otherwise allows to get acquainted with

the information needed for the preparation of the expert opinion. ".



111. In § 111 paragraph 2 is added:



"(2) the bailiff shall determine the amount of the who experts and in the proceedings before the

the Court of the President of the Senate, without undue delay, no later than two

months of billing experts. If the one who expert Cack

with the amount of vyúčtovaného experts, shall decide by resolution. Against the resolution is

admissible complaint, which has a suspensory effect. ".



112. In section 111, the following paragraph 3 is added:



"(3) the Payment is to be paid without undue delay after his return,

not later than 30 days ".



113. In section 114 is at the end of paragraph 2 the following sentence shall be added:



"The collection of biological material that is not associated with the intervention in the body

the integrity of the person to whom such Act applies, that person can do

or with its consent authority in criminal proceedings. ".



114. Article 115, paragraph 1 reads:



"(1) there is a suspicion that the death was caused by a criminal

the crime, the corpse must be inspected and pitvána. Bury the corpse can be in

such cases only with the consent of the Prosecutor. About decides

the representative of the State with the largest accelerating. ".



115. In paragraph 116. 1 the words "add to the two experts"

replaced by the words "pick up the always expert".



116. In section 116, paragraph. 3, the words "where they experts" are replaced by the words

"If the expert finds".



117. In section 119 paragraph. 2 are deleted the comma after the word "representative" and the word

"investigator".



118. In section 121 (a). and) the figure ' 2 ' is replaced by the numeral "3".



119. In paragraph 122. 1 the first sentence, the words "and, where appropriate, with reference to the

received a guarantee ' shall be replaced by the words "and, in the case of abandonment of

punishment with supervision, whether or not an opinion on the determination of the time and its experienced

duration "and the first sentence, the following sentence is added:" If the above

offender supervision ratified, it must be clear from the judgment that the

supervision should be exercised within the limits set by the criminal law or whether the

next to him are the perpetrators stored more reasonable restrictions or

obligations. ".



120. In section 125, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) in a letter of appeal, which must be included in any judgment

Court of first instance shall specify a period within which it must be filed (Section 248

paragraph. 1), designation of the Court to which the appeal is to be lodged (Article 251),

designation of the Court which made the appeal to be decided (para. 252),

the extent to which they can challenge the judgment of the persons concerned (section 246), and

definition of the required content of notice of appeal (para. 249).



(3) the letter of appeal, which must be included in each decision

the Court ruling made in the second stage, the authorized person shall,

including the need for an appeal was lodged by the accused

defence counsel (section 265d), the time limit for filing an appeal, the designation of the Court to which

the appeal has to be filed (section 265e), the designation of the Court which filed

the appeal will be decided, and the definition of the required contents of an appeal (section

265f). ".



121. In section 126 f) shall be deleted; letters g), (h)) and ch)

referred to as the letters f), (g) and (h)).)



122. Article 129, paragraph 2 reads:



"(2) if the judgment was not made in writing already in the meeting, the President of the

the Senate, or by the designated judge, who was a member of the Senate, it shall be

and passes to the delivery



and) in proceedings before the district courts and regional courts as courts of second

grades in detention matters within five working days, and in other matters

within 10 working days,



(b)) in proceedings before the regional courts as the courts of first instance, by the heads

courts and before the Supreme Court in detention matters within 10 working

days and in other cases within 20 working days.

Exceptions to these time limits allow, at the request of the judge or

vyhotovujícího judgment for serious reasons, in particular with regard to the

the sheer size and complexity of the matter, in each of the cases the President of the Court.

If the time limit shall be extended by more than twenty working days in writing

the specific reasons for why it was not possible to lay down a shorter period. Otherwise, proceed

referred to in paragraph 3. '.



123. In article 130, paragraph 4 shall be deleted.



124. In section 141 paragraph. 2 the first sentence the words "the interrogator's or".



125. In section 141 paragraph 3 reads:



"(3) Against the resolution of the Attorney can file a complaint

only if, under the law on complaints pertain to decide

of the Court. The complaints in these cases shall be decided by the Supreme Court. About

complaints against resolutions of the Supreme State Attorney

the Prosecutor's Office shall be decided by the Prosecutor. ".



126. In § 146 paragraph. 1 the second sentence reads: "If the resolution of the police

the authority, which has been issued with the prior approval of the public prosecutor or

at his instruction, the police complaints authority to meet only with the

prior consent of the Attorney General. ".



127. In § 146 paragraph. 2 (a). and) the words "the interrogator or".



128. In section 146 at the end of paragraph 2 (a). (c)) shall be replaced by a comma and dot

the following point (d)), which read:



"(d)), the State Prosecutor of the Supreme State Prosecutor's Office to the Supreme

Prosecutor. ".



129. § 146a including title:



"§ 146a



Deciding on the complaint against the decision of the persons and property



(1) a complaint against the decision, which Attorney



and) ruled on custody (section 73b (2)),



(b)) to ensure that the funds in the account at the Bank, or savings and

credit cooperatives or other institutions, which leads to another account,

decided to block the supplementary pension funds

State contribution, drawing the financial credit and block block

financial leasing, decided to limit such collateral or blocking,

or has not complied with the request for revocation or limitation of such collateral or

blocking (Section 79a of the 1, 3, 4 and § aircraft),



(c) ensure the dematerialised securities), decided to limit such

ensure or has not complied with the request for revocation or limitation to ensure

book-entry securities (section 79c (4)),
(d) ensure that the assets of the accused) to ensure the right of the injured party (section 47),

or



(e) to ensure that the assets of the accused) (para. 347),

as a rule, shall decide within five days after the expiry of the time limit for the submission of complaints

all eligible persons the Court in whose circuit is active, the State Prosecutor,

which issued the contested decision.



(2) a complaint against the decision of the police authority under Section 79a of the paragraph. 1

and 3, § § 79c aircraft or paragraph. 4 shall be decided within the time limit referred to in paragraph 1

the Court in whose circuit is active, the State Prosecutor, who performs in the matter

supervision of adherence to legality in preparatory proceedings. Case presents

of the Court to the decision of the Prosecutor. ".



130. In § 151 at the end of paragraph 2 the following sentence shall be added:



"The claim is to be applied within one year from the date when the Defender

He learned that the duty to defend is over, otherwise entitlement lapses. ".



131. In paragraph 151. 3 the first sentence reads: "the amount of the remuneration and compensation of the finished

expenditure of the authority shall decide on a proposal from the advocate active in criminal proceedings, which

led control at a time when advocates of the duty to defend, and ended it without

undue delay, no later than two months from the filing of the design. ".



132. In section 151 shall be added to paragraph 5 and 6 are added:



"(5) the compensation and reimbursement of cash expenses to be paid without undue

delay after their return, not later than 30 days.



(6) the provisions of paragraphs 2 to 5 shall be used for deciding on the amount of

remuneration and reimbursement of cash expenses of the appointed representative of the injured party. "



133. the following section is inserted after section 151 151a is inserted:



"§ 151a



(1) the accused, who is entitled to a free defence or defence

a reduced fee, and who is entitled to the provisions of the agent,

may request that the President of the Senate and in the preliminary proceedings, the Prosecutor

decided that the State will bear the costs of expert opinion, that

the accused or the injured party. The application cannot be accepted, if such

proof is not to elucidate things apparently needed or the same Act to

proving the same facts already requested law enforcement authority.



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



134. In § 153 paragraph. 1 the first sentence, after the words "to no avail"

the words "or appeal".



135. section 155:



"§ 155



(1) on the obligation of the convicted person to pay the costs associated with the performance of

binding and of the obligation to pay the remuneration and expenses paid to the finished

are covered by the defenders of the State [§ 152 paragraph 1 (b)), (b))] decides, after

judgment the President of the Senate of the Court of first instance.



(2) on the obligation of the convicted person to replace the injured party the costs required to

effective exercise of the right to compensation for damages in criminal proceedings and on their

the amount of the judgment shall, on a proposal of the damaged Chair

the Senate of the Court of first instance; the claim must be made within one year from the

the legal power of conviction, otherwise lapse.



(3) on the obligation of the convicted person to pay the costs incurred by the State, the provisions of the

Agent to the victim and the amount thereof shall decide after judgment

the President of the Senate of the Court of first instance without an application.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

has a suspensory effect. ".



136. the second Section (section 157 to 179f) including the title:



"PART TWO



THE PREPARATORY PROCEEDINGS



§ 157



General provisions



(1) the Prosecutor and the police authority are obliged to organise their

activities so as to contribute effectively to the timeliness and the merits tests are applied to the criminal

the prosecution.



(2) the Prosecutor may order the police authority performing such

the operations that this authority is entitled to make, and they may need to

the clarification of the case or to identify the perpetrator. To check the facts

showing that a crime has been committed, is a State representative

Additionally entitled to:



and require from the police authority) files, including the files in which it was not

initiated criminal proceedings, documents, materials and reports on the progress in the

examination of the notification, the



(b) withdraw any thing) police authority and take measures to

It was another police authority,



(c)) temporarily postponed the commencement of prosecution.



(3) in a serious and complex matters, in fact, the State Prosecutor or

the police authority to take advantage of technical support consultant, who has knowledge of

special field of study. A proposal for the selection of a person as a consultant may

also ask the Administrative Office, other authority, scientific or research

the institution. About the use of a consultant draw up the State Prosecutor or the police

the authority of the official record. With the consent of the public prosecutor or the police

authority, the consultant to the extent necessary for the performance of its functions

access to the file and to be present at the conduct of the criminal proceedings.

In the implementation of the actions, however, may not intervene. Of all the facts on which

the consultant during criminal proceedings, learned, is obliged to

maintain confidentiality. On the exclusion of the consultant shall be used

Special provisions on the experts and interpreters. The participation of a consultant

does not deprive the public prosecutor and the police authority of responsibility for statutory

the progress of the criminal proceedings.



section 157a



The request for a review of the procedure of the police authority and the public prosecutor



(1) the one against which criminal proceedings and have the right to

at any time in the course of preparatory proceedings to ask the Prosecutor to

removed the delay in the proceedings or defects in the procedure of the police authority.

This request is not bound by the deadline. The request of the State Prosecutor must be immediately

present and the Prosecutor must immediately. On the outcome of

a review of the applicant must be notified.



(2) the request for a delay in the proceedings or removal of defects in the procedure of the State

the representative of the public prosecutor shall be handled immediately higher State

the Prosecutor's Office.



THE HEAD OF THE NINTH



BEFORE YOU BEGIN CRIMINAL PROSECUTION PROCEDURE



section 158



(1) a police authority is obliged, on the basis of their own knowledge, criminal

announcements and suggestions of other persons and bodies, on the basis of which you can make

conclusion on suspicion of having committed a criminal offence, to take all necessary

investigation and measures for revealing the fact that he was

committed the crime, and determining its perpetrators; is obliged to

do also take necessary measures to prevent crime.



(2) notice of the facts showing that was committed

the offence, is obliged to receive the State Prosecutor and police authority.

The Notifier is required to learn a lesson about responsibility for consciously

false information, and if the developer so requests, within one month from the

notification, inform it of the measures taken.



(3) to initiate the operations of the criminal proceedings to the clarification and verification

the facts reasonably showing that a crime has been committed,

draws up a police authority shall immediately record, stating the facts of the

circumstances, for which the procedure is commenced, and the way they

learned. A copy of the record shall, within 48 hours of the start of criminal proceedings

the State Prosecutor. There is a danger of delay, the police authority

record draws up after making the necessary urgent and unrepeatable

the acts. To clarify and examine the facts reasonably showing

that a crime has been committed, the police authority provides the necessary documents

and the necessary explanations and ensures traces of the offence. In the framework of the

entitled to, in addition to the acts referred to in this title, in particular



and require an explanation from) natural and legal persons and the State

authorities,



(b) require the expression of support from) the competent authorities, and if it is for

assessment of things, also the expert opinions,



(c)) to cater to the necessary documents, in particular the writings and other written

materials,



(d)) to perform inspection of things and the crime scene,



e) require under the conditions referred to in section 114 a test of blood or

another similar act, including the collection of the required biological

material,



(f)) to make audio and video recordings of people scan fingerprint

the fingerprints of a person of the same sex, or to perform physician examination of the body and

its outer measure, if it is required to ascertain the identity of the person

or to detect and capture the stop or the consequences of the crime,



(g)) under the conditions provided for in § 76 to apprehend the suspect,



(h)) under the conditions set out in section 78 to 81 make decisions and measures in

These provisions indicated,



I) in the manner set out in the title of the fourth to carry out emergency or

unrepeatable acts, if under this Act, their implementation

does not belong to the exclusive competence of another authority participating in criminal proceedings.



(4) when making an explanation has every right to legal assistance of a lawyer.

If the explanation is required from the minor, it is necessary to act in advance of the

inform his legal representative; This does not apply, if the implementation of the Act

cannot postpone and notification of the legal representative cannot be ensured.



(5) an explanation of the content that are not urgent or

unrepeatable Act, draws up the official record. The official record is used

the Prosecutor and the accused to consideration of the proposal, that the person who

such an explanation, she was heard as a witness, and of the Court to

consideration of whether such evidence. Unless otherwise provided in this Act, the official
the record cannot be used in court as evidence. If the person who

explanations, later interrogated as a witness or as the accused,

He can't be read, record, or otherwise noted its contents.



(6) the police authority is entitled to ask the person to come to the submission

explanation in due time to the specified location; in a particularly

a serious criminal offence is a person required to comply with the call immediately. If

the person, who was duly invited to submit explanations, without sufficient

apologies, fails, can be demonstrated. On this and on other consequences of

failure (section 66) must be notified of such a person.



(7) the Explanation referred to in paragraph 3 shall not be required from it, who would

It broke the state explicitly the stored or recognized the obligation to

confidentiality, unless this obligation was acquitted by the competent authority

or in whose interest this obligation. The person making the explanation,

with the exception of the suspect is required to testify the truth and nothing nezamlčet;

the explanation may deny, if it caused the risk of criminal

the prosecution itself or to the persons referred to in section 100, paragraph. 2; about is the need to

the person from whom it is required an explanation in advance. Indicate if the

established the circumstances that the person making the explanation will be required as a

the witness must provide protection when drafting the official record

proceed according to § 55 paragraph. 2.



(8) if the testimony of the person the nature of urgent or unrepeatable

the Act, the police authority it shall be heard as a witness, under the conditions referred to in

section 158a. As the witnesses shall be heard and other persons referred to in section 164, paragraph. 1,

If it can be assumed that further examination of a criminal notification or

Another initiative, the prosecution will take longer, in particular

Therefore, that person has not been identified, which is sufficiently justified the conclusion

that the offence committed, and as a result, risk losing the probative value of the

the testimony; If such persons were not interrogations after the initiation of criminal

the prosecution conducted pursuant to section 164, paragraph again. 4, cannot be their protocols

testimony in the trial read pursuant to section 211 and can only be present

under section 212.



(9) Who will come to the call for submission of explanation, shall be entitled to reimbursement of the

the necessary expenses under special legislation governing travel

refunds and of proven loss of earnings under the same conditions as a witness.

The claim is not the one who was invited to appear for their unlawful

the negotiations.



(10) if the measures or acts pursuant to the preceding paragraphs, other

the police authority than the Police Department of the Czech Republic, the subject

the Investigation Department of the police of the Czech Republic without delay, which would otherwise have been

relevant to the proceedings. If a dispute arises between the service of the Police of the Czech Republic and

Another dispute about the jurisdiction of the police authority, refer the matter to the assessment

the State Prosecutor. His opinion is binding.



section 158a



If the scan facts showing that was committed

the offense, and his discovery of the offender must perform emergency or

enjoy the Act of questioning a witness or in the rekognici,

on the proposal of the State shall be the representative of such act in the presence of the judge;

the judge in that case shall be responsible for the legality of the execution of the Act and the

the objectives of the Act in the course of may intervene. The judges, however, it is not for

to review the Prosecutor's conclusion that the Act is in accordance with the law

emergency or an unrepeatable.



Operatively-search resources and conditions for their use



§ 158b



(1) unless provided otherwise below, the police authority, if it was

commissioned by the competent Minister, in the case of service of the police of the Czech Republic,

the police President, and if the Department security information

the service, its Director, be entitled to in the management of intentional crime

use search agents, which operationally means



and feigned conversion)



(b) the monitoring of persons and things),



(c)) the use of the agent.



(2) the application must track the funds flexibly search and other interested

than getting the facts important for criminal proceedings. These resources

It can be used only when the reference cannot be achieved if the purpose of the

or if it was otherwise would achieve substantially difficult. Rights and freedoms

persons can be restricted only to the extent absolutely necessary.



(3) Audio, video and other records obtained when using the operationally

Search the resources in a manner consistent with the provisions of this law

can be used as evidence.



§ 158c



Feigned conversion



(1) the Mock transfer means the pretense of buying, selling or

Another way of transfer of the subject of performance including the transfer case,



and for which possession is) need a special permit,



(b) the holding of which is not permitted),



(c)) that comes from the offence, or



(d)) that is intended to commit a crime.



(2) the Canadian transfer can take place only on the basis of the written

the authorization of the public prosecutor.



(3) If a thing cannot tolerate delay, can be feigned transfer without

the authorization. The police authority is, however, obliged to permit without delay

Additionally, request, and if it is not received within 48 hours, is required to

implementation of the předstíraného exit and transfer information in this

the context of learned not to use in any way.



(4) a police authority draws up a mock transfer record to 48

hours delivers to the Prosecutor.



§ 158d



Monitoring of persons and things



(1) the Monitoring of persons and things (hereinafter referred to as "tracking") means the obtaining

the knowledge of the persons and property carried out by classified way technical

or by other means. If the police authority in monitoring finds that

the accused and his counsel to communicate, is obliged to record with the contents of this

communication and knowledge that is learned in this context

do not use in any way.



(2) the monitoring, which have to be taken of the sound, image, or

other records can be made only on the basis of the written permission

the State Prosecutor.



(3) If monitoring of tampered with to the inviolability of the dwelling, in the

confidentiality or discovered the contents of other documents and records

held in private in the use of technical means, can be

take place only on the basis of prior authorization by a judge. When entering the

the dwellings shall not be carried out any operations other than those that are

the location of the technical means.



(4) the authorisation referred to in paragraphs 2 and 3 may be issued only on the basis of the written

request. The application must be justified on the suspicion of specific criminal

activity and, if known, whether the particulars of the persons or things to be

tracked. In the authorization must be determined the period during which it will monitor

carried out and which may not be longer than six months. This time, the

who authorised the monitoring, on the basis of a new request in writing extend the always

for a period of not more than six months.



(5) if the matter does not tolerate delay, and unless the cases referred to in paragraph 3,

You can start the monitor without a permit. However, the police authority is obliged to

the authorization request, and subsequently, without delay, if it is to the 48 hours

does not receive, shall be obliged to end the monitoring, any record of destroying and

the information that is learned in this context, do not use.



(6) the conditions referred to in paragraphs 2 and 3 may be performed, monitoring

unless explicitly agrees that, to whose rights and freedoms are to be

monitoring of tampered with. If such consent is subsequently revoked,

monitoring stops immediately.



(7) Has to be taken when monitoring recording used as evidence, it must be

to connect to the Protocol with the formalities referred to in sections 55 and 55a.



(8) If the facts have not been detected in the monitoring of important for

criminal proceedings, it is necessary to destroy the records in the prescribed manner.



(9) the operators of telecommunication activities, their employees and other

persons involved in the operation of telecommunication activities, as well as

even the post office or the person performing the transport of consignments shall not:

provide the police authority performing monitoring in accordance with his instructions

the necessary synergies. While obligations of confidentiality cannot be invoked

provided for by special laws.



(10) in another criminal case, than the one in which it was monitoring conditions

referred to in paragraph 2 carried out, can be taken in monitoring and recording

the attached protocol used as evidence only if it is also in this matter

proceedings of the intentional crime or agree with this person, in

whose rights and freedoms was monitoring at all.



section 158e



The use of the agent



(1) If criminal proceedings are conducted for particularly serious intentional crime

for an offence committed for the benefit of a criminal organisation or for another

an intentional offence for which prosecution committed to renowned international

the contract, which the Czech Republic is bound, the police authority, if

It is a Department of the Police of the Czech Republic shall be entitled to use the agent.



(2) the agent is a member of the police of the Czech Republic performing tasks assigned to the

the managing authority of the police to him, usually with the concealment of

the real purpose of their activities. If it is to use the agent, its preparation

or to its protection must, to the concealment of his identity can be



and the legend of the other), create personal existence and personal data
from this legend, introduce into information systems operated by

the special laws,



(b)) to carry out an economic activity, which is to be

a special permission, permit or registration,



(c) conceal the police jurisdiction) of the Czech Republic.



(3) the public authorities are obliged to provide to the police of the Czech

Republic without delay the necessary synergy in the implementation of the permissions

listed under letters) to (c)).



(4) the use of an agent authorised to draft the public prosecutor of the high

the Prosecutor's Office, the judge of the High Court in whose district the State

Representative, submitting, active. In the authorisation must be given purpose

the use and the time over which the agent used, and the data which

identification of the agent. On the basis of a new proposal, containing the evaluation

the former agent, you can extend the period of the permit, and even

repeatedly.



(5) to track people and objects in the scope specified in § 158d paragraph. 2 agent

doesn't need another permit.



(6) the Agent is obliged to operate such devices, which

are eligible to fulfill his professional task and which is not otherwise

persons suffering injury on their rights. Other obligations under

a special law governing the position of members of the police of the Czech

the Republic does not have.



(7) the public prosecutor is obliged by the competent police authority

require the data needed for the assessment of whether there are grounds for the use of

Agent and whether its activities in accordance with the law. The following information is

shall regularly, at least once every three months, a judge, and

If no grounds for the use of the agent, will give police authority to

immediate termination of the activities of the agent. The police authority is obliged to

submit to the prosecutor about the result of the use of the agent record.



(8) the Agent may perform his duties on the territory of another State. About his posting

abroad after the previous consent of the competent authorities of the State in whose

the territory has to act, and on the basis of the authorization of a judge referred to in paragraph 4

shall be decided by the police President, unless the renowned international

the contract, which the Czech Republic is bound, otherwise; in the other is true

the provisions of paragraphs 1 to 7.



§ 158f



If the reason for the use of the funds to the operational search

the initiation of criminal proceedings, proceed in accordance with § 158b to 158e; After

indictment of their use is decided by the President of the Chamber of the Court of

of first instance, without even the State Prosecutor.



The end of the scan



§ 159



(1) a police authority is obliged to examine the facts suggesting

that a crime has been committed,



and) within two months from their adoption, if the thing belonging to the

the jurisdiction of a single judge, in which there is no abbreviated preparatory proceedings,



(b)) in three months, if the other thing belonging to the jurisdiction of the district

the Court, and



(c)) in six months, if this thing belonging in the first instance to the

the jurisdiction of the District Court.



(2) If a notice or other initiative within the time limits referred to in

paragraph 1 to be examined, the police authority of the Prosecutor in writing

the specific reasons for why it was not possible in the time limit laid down by law verification

end up, what tasks still need to be done, and after what period of time will be

continue scanning. The public prosecutor may, instructing the police authority

on the one hand to change the enumeration of acts that have yet to be made, on the one hand

set a time limit, after which differently has scans take.



(3) End If police verification within the time limit extended pursuant to

paragraph 2, shall submit the dossier to the Prosecutor with a reasoned proposal on the

its extension. The State Attorney shall proceed mutatis mutandis, as shown in the

paragraph (2).



Section 159a



The postponement of the discharge or other things



(1) except in the case of a suspicion of an offence, the public prosecutor or

the police authority to postpone the resolution of the matter, if it is not the place to settle

thing else. Such arrangement may be particularly



and submission to the competent authority) things to discuss the offence or other

the administrative tort, or



(b) submission of the matter to another authority) to kázeňskému or kárnému.



(2) the public prosecutor or police authority before the commencement of the criminal

the prosecution shall postpone the resolution of the matter, if the criminal prosecution is inadmissible pursuant to §

11. 1.



(3) the public prosecutor or police authority may, before the commencement of the criminal

prosecution to postpone the resolution of the matter, if the criminal prosecution is purposeless because

the circumstances referred to in section 172, paragraph. 2 (a). and) or (b)).



(4) the Prosecutor or the police authority of the thing shall postpone also, if

failed to find out the facts entitling to initiate criminal prosecution (§

160.) as the reasons for the postponement, if the prosecution begins.



(5) the resolution on the postponement of the matter must be delivered to the injured party, if it is

I know. Resolution on the postponement of the things referred to in paragraphs 2 to 4 shall be delivered to the

within 48 hours to the Prosecutor. The notifier shall inform about the postponement of the case,

If under section 158, paragraph. 2 asked.



(6) Against the resolution on the postponement of the case the injured party referred to in paragraph 5

to file a complaint, which has suspensive effect.



section 159b



The temporary postponement of prosecution



(1) If it is necessary to clarify the crimes committed in the

the benefit of a criminal organisation or any other intentional crime,

or finding their offenders, the police authority may, with the consent

the public prosecutor may temporarily postpone the initiation of criminal proceedings on the

the necessary period of time, up to a maximum of two months.



(2) if the reasons for which prosecution was deferred temporarily,

the Prosecutor may, on the proposal of the police authority, the consent with the

extension of the period referred to in paragraph 1 for a maximum of another two months, and

It also repeatedly.



(3) on the temporary postponement of the criminal prosecution of police authority shall be

a copy of the record to 48 hours shall be sent to the Prosecutor.



(4) if the reasons for the temporary postponement of the prosecution, the police

institution of criminal prosecution shall be initiated forthwith.



THE HEAD OF THE TENTH



THE INITIATION OF PROSECUTION, THE NEXT STEPS IN IT AND THE SHORTENED PREPARATORY

The MANAGEMENT of



The first section



The initiation of criminal prosecution



section 160



(1) if the revision of the examination referred to in section 158 established and justified

the fact that the crime has been committed, and if it is sufficiently

justified by the conclusion, that it committed a certain person decides police authority

without delay to initiate the criminal prosecution of this person as the accused,

If there is no reason to the procedure under Section 159a, paragraph. 2 and 3, or section 159b of paragraph 1.

1. the operative part of the decision to initiate the criminal prosecution must include a description of

deed from which the person is accused, that it cannot be confused with the

the other, the legal designation of an offence that is in this deed

seen; the accused must be in the resolution on the initiation of criminal prosecution

marked with the same information, which must be listed on the person of the accused in the

the judgment (section 120 (2)). In the grounds of the resolution is necessary to accurately mark the

the facts that justify the conclusion on the merits tests are applied in criminal proceedings.



(2) a copy of the decision to initiate the criminal prosecution is necessary to deliver the

the accused no later than the beginning of the first interview and to 48 hours

the Prosecutor and defense lawyers; the advocate of the period for delivery to run from

his election or provision.



(3) a police authority shall carry out the necessary urgent or unrepeatable

operations and initiate criminal prosecution if it cannot attain to these acts

carried out by the competent authority, and at the latest within three days of their implementation

shall transmit the case to the authority, which continues to control.



(4) the Emergency Act is such that due to the danger of his

the destruction, destruction or loss of evidence does not tolerate in terms of the purpose of the criminal

management of delay for the prosecution.

A unique Act is such that it will not be possible before the Court

perform. In the Protocol on the implementation of urgent or unrepeatable

the Act should always be noted, on the basis of which the Act was in fact

emergency or an unrepeatable.



(5) If during the investigation revealed that the accused committed the other

deed, which is not mentioned in the resolution on the initiation of criminal proceedings,

proceed on this deed in the manner indicated in paragraphs 1 and

2.



(6) If during the investigation indicated that the offence for which it was

prosecution is another crime than in the

resolution on the initiation of the criminal prosecution of legally assessed, draw it

the police authority of the accused and shall make a record of it in the log.



(7) against the decision to initiate the criminal prosecution is permissible.



The second section



The investigation of



§ 161



Investigative bodies



(1) the investigation indicates the section of the criminal prosecution before submitting

the prosecution, referral of the matter to another authority or the cessation of the criminal

the prosecution, including the approval of the settlement and a conditional cessation of criminal

the prosecution prior to the filing of the indictment.



(2) unless otherwise provided by law, the criminal investigation service is held

the police and the investigation of the police of the Czech Republic in the departments set out

a special law; Minister of the Interior may entrust the investigation of other

departments of the Police of the Czech Republic and to determine their scope.



(3) the investigation of the crimes committed by members of the police of the Czech
of the Republic and the members of the security information service held State

representative; While progresses appropriately in accordance with the provisions governing the

the procedure of the police authority, who had the investigation; the provisions on the consent of the

the Prosecutor, who is required to perform the Act police authority,

with, of course. In criminal investigations, members of the police of the Czech

of the Republic and the members of the security information service can state

a representative may request the authorities referred to in section 12, paragraph. 2 in the context of their

the scope of the measures of the individual evidence or the conduct of an individual

the Act of investigation, evidence of synergy when procurement or implementation

the Act of investigation, on the presentation of a person or under the terms of section 62, paragraph. 1 about

service of the document. This authority is required to State prosecutor promptly

to comply with the.



(4) subject to the conditions of section 20 (2). 1, the State prosecutor investigating the

in accordance with paragraph 3 and against those who are not members of the spoluobviněným

Police of the Czech Republic or of the members of the security information

services; the provisions of § 23 shall remain unaffected.



(5) the investigation may take place and the captain of the ship during the long-haul voyages of

offences committed on this ship; in doing so it shall proceed mutatis mutandis

in accordance with the provisions governing the procedure of the police authority, who

the investigation.



(6) Individual acts of investigation may also be carried out on the basis of the request

other police authorities.



§ 162



Referral to the competent police authority held an investigation



(1) If a complaint or other inducement to criminal prosecution

discovering that another police authority, other than that referred to in § 161, paragraph. 2, and

the established facts justifying the initiation of criminal proceedings, this

the police authority shall refer the matter without delay to the authority competent to take place

the investigation. This does not affect the obligation on the basis of the request of the authority

While the investigation of the evidence, or affixing each is based on the

such instruction to perform.



(2) if the police authority referred to in § 161, paragraph. 2, which was

matter is referred to another authority, is not considered appropriate, submit writings

immediately with your opinion of the public prosecutor; otherwise, continue

the proceedings.



§ 163



The prosecution with the consent of the injured party



(1) criminal prosecution for crimes of violence against a group of inhabitants and

against individuals under section 197a, defamation under section 206, failure to

assistance under section 207 and 208, damaging foreign rights under section 209, bodily harm

on health according to § 221, 223 and 224, endangering the sexual diseases, according to the SEC.

226, limiting personal freedom under section 231, paragraph. 1, 2, extortion by §

paragraph 235. 1 violations of House freedom under section 238, paragraph. 1, 2, theft

pursuant to section 247, embezzlement under section 248, unauthorized use of Foreign Affairs

under section 249, of unauthorized interference with the right to a House, flat or nebytovému

area under Section 249a, fraud under section 250, ownership interest under section 251 and

252, usury according to § 253, concealment case under section 254, violations

fiduciary obligations under section 255, damaging creditors

pursuant to section 256 and damaging Foreign Affairs pursuant to section 257 of the Penal Code, against

who is in relation to the injured person, to which the injured party should

the right to refuse to testify as a witness (article 100, paragraph 2), and criminal prosecution

for the crime of rape under section 241, paragraph. 1, 2, who is against it

or at the time of committing the Act was in relation to the injured spouse or

the type species, as well as for the offence of drunkenness in accordance with section 201a of the criminal code,

If otherwise exhibits traits of the merits of any of these

criminal offences, can be initiated and has already initiated prosecution

continue only with the consent of the injured party. If the damaged one

deed, agreement is sufficient if only one of them.



(2) if the injured party does not submit its statement to the Prosecutor or

the police authority, in writing, of its contents is recorded in the log.

Consent to prosecution can corrupt an explicit statement to take

back at any time, up until the Court of appeal to

the final consultation. However, you cannot explicitly denied consent to grant again.



§ 163a



(1) the consent of the injured party to a criminal prosecution for any of the offences

the offences referred to in section 163, paragraph. 1 it is not necessary, if



and such offence was caused by) the death,



(b)) is not able to give consent is damaged for mental disease or disorder

for which he was deprived of legal capacity, or for which

It was his capacity to act is limited,



(c) the injured person is younger) 15 years



(d)), it is clear that consent was not given or was taken back in

distress induced by threats, duress, dependency or subordination.



(2) if the injured party to challenge authority participating in criminal proceedings

does not respond immediately, whether they agree with the prosecution under section 163, this

authority to provide him with the nature of things to express a reasonable period

but not more than 30 days. After the fruitless expiry of this period no longer consent to

criminal prosecution could not give. About it should be in writing to the injured party.



§ 164



The procedure for the investigation of



(1) a police authority shall proceed with the investigation on its own initiative,

to the extent necessary, as quickly as possible finds evidence to

clarification of all the essential facts relevant to the assessment of the

of the case, including the person of the offender, and the aftermath of a crime (section 89 paragraph.

1.) While it proceeds in the manner referred to in section 158, paragraph. 3 and 4; performs well

other acts by the head of the fourth, with the exception of those, which is entitled to

perform only the Prosecutor or the judge. Interrogations of witnesses is carried out

If it is an emergency or unrepeatable Act, or if the

the questioning of persons under 15 years of age, a person whose ability to properly and

completely to perceive, remember, or reproduce with regard to its

mental state of doubt, or where revision of established facts

the fact that the witness could be pressured for his testimony. Otherwise,

damaged and other witnesses shall be heard only if there is a risk of another

the reason that will be affected by their testimony, or the ability to remember

the operative event or ability to reproduce these facts,

in particular, if the complexity of the case justified the assumption of longer duration

the investigation. Without these conditions, it is possible, however, if it is necessary,

listen to the experts.



(2) Acts that were made before the commencement of a prosecution,

the police authority does not need to be repeated if they have been carried out in a manner

the corresponding provisions of this Act.



(3) a police authority looks for and under the conditions and implementing

the evidence regardless of whether it is evidence in favour or against the

of the accused. The accused must not be in any way to the testimony or confession

compelled to. The defense of the accused and of the proposed evidence, if they are not

completely insignificant, must be carefully examined.



(4) If criminal proceedings were conducted before the start of hearings

witnesses under section 158, paragraph. 8 and if such act repeated police

authority on a proposal from the accused and the accused either redo or

advocates of allowing such act or participated in should learn about the law

to pursue such personal questioning of a witness in the proceedings before the Court.



(5) except in the cases when it is under this Act require the consent of the State

the representative of the police authority makes all decisions on the procedure of investigation

and on the implementation of investigative acts independently and is fully responsible for the

their legal and timely implementation.



§ 165



The participation of the accused and the defence counsel in the investigation of the



(1) a police authority may allow the participation of the accused in the investigative

operations and allow him to ask questions of the witnesses examined. In particular, so

If the accused does not have the progresses, a defender is to act in the interrogation

a witness, who has the right to refuse to testify.



(2) Counsel is no longer from the start of criminal proceedings shall be entitled to be present

during the investigations, the result can be used as evidence

in the proceedings before the Court, unless you cannot defer the implementation of the Act and the memorandum

about him. Can the accused and others to ask questions, but examined

until the authority of the hearing and shall give to the word. The objections

against the way of the implementation of the Act can hover at any time in its course.

If the defence counsel involved in the hearing of a witness whose identity is supposed to be for reasons of

referred to in section 55, paragraph. 2 secret police authority is required to adopt

the measures, which make it impossible to determine the true identity of the witness advocates.



(3) If an advocate shall notify the police authority that wants to participate in the

investigation of the Act referred to in paragraph 2, or if the Act in

the questioning of a witness, which has the right to refuse to testify, is the police authority

timely manner to inform advocates about what kind of action is involved, the time and place

its venue, unless you cannot defer the implementation of the Act and the notice to counsel

cannot be ensured. If the operation in the questioning of a person, the police authority

advocates communicate information according to which such person can be identified.

If this information cannot be determined a priori, of the communication must be clear, what has

This person to testify. Notice of hearing of a witness whose identity is to be

for the reasons given in section 55, paragraph. 2 secret, may not contain the information referred to in
which would make it possible to determine the real identity of the witness.



(4) if the police authority shall be admitted pursuant to paragraph 1 in the implementation

Investigation Act participation of the accused, when his vyrozumívání

Similarly, as mentioned in paragraph 3.



§ 166



The end of the investigation



(1) if the police investigation to be completed and its results for the

sufficient to allow the indictment, the accused and defense lawyers in the appropriate

time study the writings and make proposals for investigation of the supplement. On this

option notifies the accused and his defence counsel at least three days in advance.

Specified period can be with the consent of the accused and the defence counsel to shorten.

If the police authority does not consider the proposed supplement, refuses.

About these tasks will make the police authority record in the file and the refusal of the

proposals to supplement the investigation shall notify the accused or defence counsel.



(2) if the accused do not use or advocate the possibility to study the writings,

Although they were duly warned, will make about police authority record

in the file and proceed as if this Act has occurred.



(3) after the end of the investigation shall submit to the authority of the police to the Prosecutor

the file with the proposal on the indictment list of the proposed evidence and the

reasons why proposals fail on the taking of evidence, or other

make a proposal on some decision according to § 171 to 173, § 307 or

According to section 309.



section 167



(1) a police authority is obliged to finish the investigation no later than



and) within two months from the commencement of the prosecution, if the thing belonging to the

the jurisdiction of the judge,



(b)), within three months from the initiation of the criminal proceedings, if it is a different thing

belonging to the jurisdiction of the District Court.



(2) If the investigation is not within the time limits referred to in paragraph 1 is completed,

the police authority of the public prosecutor shall justify in writing why it was not possible in the

the statutory time limit to finish the investigation, what tasks still need to be

perform and after what period of time will the investigation continue. State representative

instructing the police authority can both change the enumeration of acts that have

yet to be carried out, and establish the period during which differently is

the investigation still take.



(3) in cases in which it was not within the time limit laid down in paragraph 1

the investigation ended, the Prosecutor is obliged, under the supervision of at least

Once a month, make the clearance stuff, and if it is needed, save

the police authority the obligation to perform specific tasks. The review draws up

State representative record.



The third section



Special provisions for the investigation of certain offences



section 168



(1) the provisions of this section is to be used in criminal investigations,

which proceedings in the first instance by the District Court.



(2) If this section does not contain special provisions, shall be

When the investigation referred to in the first and second section of this title.



§ 169



(1) a police authority shall evidence the extent which is necessary for the

the filing of the indictment or other decision of the public prosecutor; terms and conditions,

in which you can carry out the examination of witnesses under section 164, paragraph. 1, is not

bound.



(2) To determine the extent of evidence is carried out a decisive legal

qualification of the deed, for that is the accused at the time of implementation of evidence

prosecuted. If the accused in the course of the investigation that the deed for the

that is guided by the prosecution, will continue to be legally considered as another

offence than is listed in section 168, paragraph. 1, the investigation

According to the second section of this title. Evidence previously made under

paragraph 1 shall remain part of the evidence bearing on the course of the investigation;

When assessing whether they were carried out in accordance with the law, shall not be considered

the conditions under which they may, pursuant to section 164, paragraph. 1 interrogate witnesses.



§ 170



(1) a police authority is obliged to finish the investigation no later than six

months from the initiation of criminal prosecution.



(2) if the investigation is not within the time limit referred to in paragraph 1 is completed,

a police authority shall proceed and a Prosecutor under section 167, paragraph. 2, 3.



The fourth section



The decision of the pre-trial



§ 171



Referral to another authority



(1) the Prosecutor shall refer the matter to another authority, if the results of the

preliminary proceedings indicate that this is not a criminal offence, however, as regards

the deed that could be assessed as any other competent authority

the offense, another administrative offence or disciplinary transgressions.



(2) Against the resolution referred to in paragraph 1 may, the accused, and if known, whether or not

damaged, file a complaint, which has suspensive effect.



§ 172



Stopping criminal prosecution



(1) the Prosecutor stopped the prosecution,



and) If no doubt that did not become an offence for which the criminal prosecution

leads,



(b)) If this is not the deed a criminal offence and there is no reason to transfer the case,



(c)) unless it is established that the offence was committed by the accused,



(d)) where the prosecution is inadmissible (art. 11 (1)),



(e) if the accused) was not at the time of the crime be held criminally responsible for the insanity,

or



(f) if the lapse) the criminalization of the Act.



(2) the Prosecutor may halt criminal prosecution



and if the sentence is), to which the prosecution may lead, completely without meaning

In addition to the punishment for another offence, the accused was already saved or that

as expected, it will affect



(b)), it was about the deed of the accused has already been decided by another institution, ' ability,

kárně or foreign court or authority and this decision can be

considered sufficient, or



(c)) if due to the importance of the protected interest, which was a crime

prejudice, how the crime and its aftermath, or the circumstances in

which the Act was committed, and due to the behaviour of the accused after committing the crime

It is clear that the purpose of criminal proceedings has been reached.



(3) Against the resolution referred to in paragraphs 1 and 2 may the accused and, if known,

whether or not damaged, file a complaint, which has suspensive effect.



(4) in the prosecution which was stopped for any reason,

referred to in paragraph 2 shall continue to have declared the accused within three days

from the time he was a resolution on the cessation of criminal prosecution announced

that on the hearing of the case. About the accused is to be learned.



§ 173



Interruption of criminal prosecution



(1) the prosecutor suspends criminal prosecution



and if not for) the absence of the accused, the matter properly clarified,



(b) if the accused) cannot be used for severe disease to stand before the Court,



(c) if the accused is not) for mental illness that occurred after committing

crime, able to understand the meaning of criminal prosecution,



(d)) was passed to the criminal prosecution abroad, or if the accused was

issued abroad or deported.



(2) prior to a decision to suspend criminal proceedings it is necessary to do everything

What is the need to secure the successful implementation of the criminal prosecuted.

Pass-if the reason the interrupt, the Prosecutor decides that the criminal

the prosecution continues.



(3) to interrupt the prosecution must inform the injured party.



§ articles



The delivery of the resolution of the Supreme Public Prosecutor's Office



Resolution on the cessation of criminal proceedings and transfer the case delivered

the Prosecutor within five days of legal power the Supreme State

the Prosecutor's Office.



The fifth section



The supervision of the public prosecutor



§ 174



(1) supervision of adherence to legality in preparatory proceedings shall exercise

State representative.



(2) in addition to the permission specified in § 157 paragraph. 2 is in the exercise of supervision

the Prosecutor shall be entitled to



and give binding instructions) investigations into criminal offences,



(b) require from the police authority) files, documents, materials and reports

for the committed offences, in order to review whether the police authority

timely launches criminal prosecution and properly in it,



(c)) to participate in the implementation of the operations of the police authority, personally perform

a single act, or even the entire investigation and issue a decision in any of the

things; in doing so, in accordance with the provisions of this Act for the police

authority and against its decision is admissible the complaint in the same range

as against the decision of the police authority,



(d)) return the matter to the police authority with their instructions to supplement,



e) disturb the illegal or unjustified decisions and measures of the police

the authority, which can replace your own; in its resolution on the postponement of the case

may do so within 30 days of delivery; If the decision of the police

the authority replaced its own decision otherwise than on the basis of the complaint

the persons concerned against the resolution of the police authority, is against his

the decision permitted the complaint in the same range as against a decision

the police authority,



f) order that the acts of the case carried out by another person for business operating in

the police authority.



section 174a



The permission of the Attorney



(1) the Attorney General may, within two months from the legal power to disturb

illegal resolution of lower prosecutors to stop the criminal

those prosecuted or referral.



(2) for this purpose, the State Prosecutor of the Supreme State

the Prosecutor's Office may require lower prosecutorial writings,

the documents, materials and messages and to perform audits.



(3) if the Prosecutor the resolution referred to in paragraph 1,

continue with the procedure, the Prosecutor in the case in the first
the degree. It is bound by the legal opinion, which said in its

the decision of the Prosecutor, and is required to perform the tasks and

Supplement, the Attorney General ordered.



§ 175



(1) only the Prosecutor is entitled to



and decide to stop) conditional suspension or interruption of the

the criminal prosecution and the referral of the matter to another authority,



(b)) to submit an indictment,



(c) to decide on the extension of the binding), and to keep the accused in custody, the

the release from custody of the accused and of the application for release from

custody,



(d) the collateral assets) required the accused to determine which resources and

things this does not apply, ensure, or cancel such collateral,



(e) make the securing of a claim of the injured party) for damages and restrict or

cancel such collateral or thing from him,



(f) order the exhumation of the corpse)



(g)) suggest the accused upon request from abroad,



(h)) to perform a preliminary investigation in proceedings abroad.



(2) in cases in which an investigation takes place, the Prosecutor shall exercise the supervision

of adherence to legality in preliminary proceedings, the Prosecutor

closest to the higher public prosecutor's Office; This does not affect the right of

the Prosecutor, who held an investigation, make a decision under section

171 to 173, § 307 or under section 309, under the conditions laid down therein,

If you do this right nevyhradil the Prosecutor exercising supervision.



The sixth section



The indictment



§ 176



(1) if the results of the investigation are sufficiently justify the position of the

the accused before the Court, the Prosecutor shall submit the indictment and attached to it

writings and their annexes. The indictment shall inform the accused, the defence counsel

and the injured party, if his residence or seat of the known.



(2) the prosecution may be made only for the offence for which was initiated

the criminal prosecution (art. 160). If the Prosecutor says this deed judge

as a different offense than how it assessed the police authority notifies the

on it prior to the filing of the indictment of the accused and his defence counsel and determine whether the

propose with a view on the intended change in the investigation of the supplement.



§ 177



The indictment must contain



and the designation of the State Prosecutor and) day of the drafting of the indictment,



(b) the name and surname of the accused), date and place of his birth, his

employment and residence, or other information needed to allow it to

be confused with another person; If it is a member of the armed forces or

the armed corps, shall indicate whether or not the rank of the accused and the Department, which is

national,



(c)), in which the writ must be marked with the offence for which it is

the accused prosecuted, indicating the place, time and manner of its perpetration, the

where appropriate, the indication of other facts, if they are needed to

that the deed could not be confused with another, and to justify the use of

certain penalties; There must be further stated, what offence

the indictment in this deed, and sees that his legal name,

indication of the relevant provisions of the law and all legal characters, including

those that justify a criminal rate,



(d) the justification for the defendant's deed) stating the evidence on which this

justification is based, and a list of evidence, the execution of which is in the main

proposes, as well as legal considerations governing the Prosecutor drove the

in the assessment of the facts referred to in the relevant provisions of the Act.



Section 178



(1) the State Prosecutor in the indictment suggests that the court order the protective treatment

or protective upbringing or the prevents things to consider that are for it

legal conditions.



(2) the proposal referred to in paragraph 1, the Prosecutor may also make

separately.



Section 179



(1) the filing of the indictment and its representation before a court is competent

the representative of the public prosecutor's Office, State higher than that in court

Act, if the exercise supervision of adherence to legality in preparatory

management and given a lower public prosecutor's Office.



(2) after the filing of the indictment the Prosecutor can ask the police authority

referred to in section 12, paragraph. 2 the measure of proof that it needs to represent the

the indictment in the proceedings before the Court.



The seventh section



Abbreviated preparatory proceedings



§ 179a



(1) Summary of the preparatory proceedings are held on criminal offences, for which the

It is for the review proceedings in the first instance to the District Court and on which the law

provides for the penalty of deprivation of liberty whose upper limit does not exceed three years,

If



and) suspect was caught red-handed or immediately after, or



(b) in the course of examining the criminal) reporting or other initiative to

criminal prosecution were detected the fact otherwise justifying

the initiation of criminal proceedings and to be expected that the suspect would be possible in the

the period referred to in section 179b paragraph. 4 stand before the Court.



(2) the abbreviated preparatory proceedings held police authorities referred to in section 12 of the

paragraph. 2.



(3) the crimes of members of the police of the Czech Republic and

members of the security information service takes place the shortened preparatory

the management of the public prosecutor; the provisions of section 161, paragraph. 3 and 4 apply here

mutatis mutandis.



section 179b



(1) the Authority held abbreviated preparatory proceedings performs acts under title

the ninth. As indicated in the title of the fourth only urgent or

unique acts.



(2) the summary preliminary proceedings, the suspect has the same rights as

the accused (§ 33 para 1, 2). The detainee a suspect has the right to choose

counsel and advise with him without the presence of a third party already in progress

the detention. If you suspect that will not be released from detention, but

the proposal will be passed to punish the Court for the implementation of the simplified

proceedings (section 314b (1), 2), within the prescribed period, he does not choose a defence counsel

his defense attorney at the time, after which they insist the reasons for detention, to establish

(section 38). It should be about the suspect before his interrogation and

give him full opportunity to exercise his rights.



(3) a suspect of a crime it is necessary to listen to and

no later than at the beginning of the hearing to inform him of committing what deed is

the suspect and what the offense is seen in this deed. About the Act

the Authority held an abbreviated preparatory proceedings shall make a record in the log.

A copy of the record shall deliver the suspect and his advocates; the police authority shall send

a copy of the record to 48 hours, also to the Prosecutor. On the process of questioning

the suspect used mutatis mutandis of the provisions on the questioning of the accused.



(4) the Abbreviated preparatory proceedings shall be completed no later than two

weeks from the date, when the police received a complaint or other

the initiative to a criminal prosecution.



§ 179c



(1) unless the summary preliminary proceedings after the end of the police

authority to postpone things of the grounds mentioned in Section 159a, paragraph. 1 to 4,

the public prosecutor shall submit a brief report on its outcome, in which

indicate what the offense is seen in the deed, which is communicated to the

suspect, and what evidence, which can be done before the Court, the suspect

so warrant. The report of the police authority, connects all the documents and things

collected in the course of the summary preliminary proceedings.



(2) the public prosecutor, which was served by the police authority

paragraph 1, or that he himself carried out the abbreviated preparatory proceedings,



and the Court) shall submit the punishment, if it finds that the results summary

preliminary proceedings to justify the position of the suspect before the Court,



(b)) thing to postpone, unless in case of a suspicion of an offence,



(c) submits the matter to the competent authority) to discuss the offence,



(d)) shall surrender the thing to another body or to the kázeňskému kárnému consultation,



(e)), if the thing will defer prosecution inadmissible pursuant to section 11 (1).

1,



(f)) thing may postpone also, if prosecution is purposeless because

the circumstances referred to in section 172, paragraph. 2, or



(g)) returns the matter to the police authority, if it is in the way

preliminary proceedings must perform additional action.



(3) if the public prosecutor does not do any decisions or measures referred to in

paragraph 1 shall transmit the case to the police authority referred to in § 161, paragraph. 2 to

the initiation of criminal prosecution on the grounds that the offence for which the

lead shortened preliminary proceedings, is to be properly assessed by another

the provisions of the Act, than what it judged by the police authority, and

due to the different legal assessment cannot be shortened preparatory

the proceedings take place.



(4) the postponement of the things referred to in paragraph 1 or of the decision referred to in paragraph 2

inform the authority, which has made such a decision, the injured party, if it is

I know, and the notifier, if under section 158, paragraph. 2 asked.



§ 179d



(1) a proposal to punish contains the same elements as the prosecution with the

the exception to the preamble.



(2) to the application connects the Prosecutor all the documents and other

the annex, which are relevant to the proceedings and decisions.



section 179e



If the Prosecutor handed the detained suspected person and State

the representative of her releases on freedom, shall, not later than 48 hours from the

the detention of the Court together with the proposal for punishment; otherwise, decide on the initiation of the

the prosecution and the Court shall submit a proposal for a decision on custody

of the accused.



§ 179f
(1) Summary of the preparatory proceedings cannot take place or continue

If



and the reason for the link) is given and the conditions are not fulfilled for the transmission of seized

the suspect, together with a proposal for punishment of the Court, or



(b)) are given reasons for holding the joint management of the two or more

offences, and at least one of them is the need to review the investigation.



(2) if abbreviated preparatory proceedings completed within the period referred to in section

179b paragraph. 4, the Prosecutor, having regard to the circumstances of the case



and extend the deadline by) which is to be shortened preliminary proceedings to end,

but not more than ten days,



(b)) shall order the police authority, who had led the shortened preparatory

management, to initiate criminal prosecution and further progressed in accordance with the provisions of the

the heads of nine, or



(c)), that the matter be referred to the police authority, referred to in § 161

paragraph. 2 to initiate criminal prosecution; the Prosecutor so proceed

always, if any of the grounds referred to in paragraph 1. ".



137. § 180:



"§ 180



(1) criminal prosecution before a court takes place only on the basis of the indictment,

which serves and represents the Prosecutor before the Court.



(2) in the Administration and representation of the indictment, the Prosecutor, governed by the Act and

the internal conviction based on a consideration of all the circumstances of the case. In

proceedings before the Court acts to have been clarified all the relevant

the operative events in terms of filed indictments. For this purpose,

provides on its own initiative or at the request of the President of the Senate and more

the evidence, which have not been provided with, or executed.



(3) the taking of evidence in the trial and in the public meetings of the State

the representative of the proposed evidence, which had not been designed already in

the indictment and the need to implement them was established in the course of the proceedings before the Court;

as a rule, be carried out with the consent of the President of the Senate, or to challenge evidence (§

203, section 215, paragraph. 2) which support impeachment. The defence counsel or the accused,

that does not have a defence counsel has the right in the same range, with the agreement of the President of

the Senate conduct evidence (§ 215 (2)) in favour of the defence. If the

the implementation of such evidence by any of the parties in the hearing of a witness or

experts will carry out its legal lessons before the start of the hearing the Chairman of the

the Senate or another designated member of the Senate.



(4) in the main version, in a public meeting or in another act of the Court

carried out in the presence of the parties, each party may hover at any time

his objections to the way the implementation during the Act. ".



138. section 181:



"§ 181



(1) the indictment is to be at the Court of first

whether for other control provides a reliable basis, in particular,

check whether the jurisdiction of the Court to hear the case (section 16 to 22)

whether in the preliminary proceedings, there has been no serious procedural defects, which cannot be

in proceedings before the Court, and in preparatory proceedings clarified

the basic facts, without which it is not possible to perform a trial and in

It may decide. This is a preliminary hearing.



(2) after the filing of the indictment, the Court nevyčkávaje the other proposals shall proceed

to the proceedings without delay, directed to the decision of the case, including the performance of

decision.



(3) the President of the Senate is obliged to in the proceedings before the District Court within the time limit

three weeks before the regional court as the Court of first instance within the time limit

three months from the filing of the indictment, order in case the main version, pre-release

hearing or take other action leading to the decision of the case,

including probation officer credentials to operations leading to a decision on the

conditional cessation of criminal prosecution or settlement or

another decision of the things outside the main version. If so, of the major

reasons to do so, shall submit the dossier to the President of the Court, which by the nature of things

either the time limit shall be extended for as long as necessary or in accordance with the

schedule of work of the Court shall take other appropriate measures to ensure the continuity of

control. ".



139. § 183:



"§ 183



(1) at any time during the proceedings before the Court may request the President of the Senate

the police authority of the measures of the individual evidence, the presentation of a person or

under the terms of section 62, paragraph. 1 service of documents. The police authority is

must promptly comply.



(2) in serious and complex cases that require knowledge of the Court

the Special Branch, the Chairman of the Senate put the consultant. In doing so,

shall proceed mutatis mutandis pursuant to the provisions of § 157 paragraph. 3. ".



140. the following section shall be added to § 183 183, which reads as follows:



"section 183a



(1) in proceedings before the Court, the Chairman of the Senate or another designated member of the

the Senate's exceptionally important reasons to hear the accused, witness,

the experts or to carry out other evidence out of the trial or public

the meeting. The State Prosecutor and defence counsel of the accused, that such act

concerned, are entitled to participate in such an Act and its venue be

be notified in a timely manner, unless you cannot defer the implementation of the Act and their

notification cannot be provided. The participation of the accused in such questioning may

be granted, in particular, in cases where it does not have a defense attorney, and if the

the questioning of a witness, who has the right to refuse to testify. Notice of the hearing

witness or another act with such a witness, whose identity is supposed to be of

the grounds referred to in section 55, paragraph. 2 secret, may not contain the information referred to in

which would make it possible to determine the real identity of the witness.



(2) the participation of the persons referred to in paragraph 1 of the Act can be ensured,

in particular, if the Act on which the attending person younger than fifteen years

or witness, whose identity is supposed to be for the reasons referred to in section 55, paragraph. 2

secret, even through the audiovisual techniques, when they secured

the ability to ask or otherwise examined to interested parties on the questions of the Act.



(3) if such evidence later used to the decision in the main proceedings,

public or private session, must be in accordance with the law

executed. Read the Protocol on the questioning of such witness in the main version

or public meeting on the appeal will be possible only under the conditions

referred to in section 211, and in the case of a witness younger than fifteen years

circumstances, whose reactivation in memory due to the age of might

adversely affect his mental and moral development, under the conditions

referred to in section 102 paragraph. 2.



(4) the President of the Senate shall ensure the protection of witnesses and persons close to them, which in

connection with the filing of testimony threatening bodily injury, death or other

a serious danger, and if it is even on the confidentiality of their identity;

where appropriate, the form. If it is necessary to ensure the protection of such persons, even after

the filing of testimony, the President of the Senate shall take after their interrogation

all the necessary measures without delay. Where necessary, requests

protection of persons referred to the authorities of the Police of the Czech Republic. The way the Special

the protection of witnesses and persons close to them provides special law. ".



141. In section 184, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) to clarify the causes of crime and to the settlement of the dispute between the

the accused and the injured party helps in the stage of the proceedings before the Court, the probation and

mediation service by probation officials.



(3) when the nature of the case and the person of the accused, establishes probation and

mediation service conditions for a court decision outside the main version,

for the consideration of the case in one of the special types of proceedings and to save

sentences unconnected with imprisonment; for this purpose, in accordance with the instruction

President of the Senate of the probation officer requires and provides the necessary documents,

in particular to the person of the accused. "



142. In section 186 letters e) and (f)):



"(e)) that the preparatory procedure has been carried out according to the law, as it were

a serious breach of the rules of procedure, in particular the provisions

ensuring the right to defence, and such a violation of procedural rules cannot be

in proceedings before the Court, or



(f)) that things are not in the necessary extent clarified basic facts

circumstances, without which you can not decide on the matter. ".



143. In paragraph 188. 1, letter a) is added:



") shall decide on the submission of the matter to the decision on the jurisdiction of the Court which

It is the closest together under him and the Court, which according to him

competent, if that is not appropriate for its consideration ".



144. In paragraph 188. 1 letter e) is added:



"(e)) returns the matter to the public prosecutor to the DGA has conducted, if necessary to the

delete serious procedural defects in the preparatory proceedings, which cannot be

in proceedings before the Court, or to clarify the basic facts

circumstances, without which it is not possible in the main version of the case, decide

and in the proceedings before the Court, such was the DGA has conducted in comparison with options

to obtain such evidence in preliminary proceedings associated with significant difficulties

or would likely be detrimental to the speed of the proceedings, or ".



145. In paragraph 188. 3 the first sentence, the words "(a). and) "shall be replaced by

"(a). (b)) ", in the second sentence, after the words" on conditional cessation of criminal

the prosecution of ", the words" settlement "and the semicolon and the sentence for

a semicolon is deleted.



146. section 189:



"§ 189



Decide on the presentation of the case for a decision on the jurisdiction of the Court under section
paragraph 188. 1 (a). and the Court, which cannot) was the thing it pursuant to section 24 of the

or section 25 superior court, unless the factual basis for the

assessment of the competence, meanwhile, substantially changed. ".



147. Article 195, paragraph 2 reads:



"(2) under the conditions provided for in § 186 impeachment again tentatively discuss the

also at the Court to which the case was it superior court after the submission of the

the matter under section 188, paragraph. 1 (a). a).".



148. In section 196, paragraph. 1, the last sentence shall be deleted.



149. In section 198 paragraph. 2, the last sentence shall be deleted.



150. In section 198, at the end of the text of paragraph 3, the words "and to

It was possible to discuss the matter and decide without adjournment ".



151. under section 198, the following new section 198a, which reads as follows:



"§ 198a



(1) in proceedings in which they are discussed classified information

protected by a special law, is the President of the Senate shall lay judges and

other persons involved in the management and classified information shall

get acquainted, learn under such law. The lessons will take

the record in the file.



(2) the guidance referred to in paragraph 1, the President of the Senate shall, within 30 days

notify in writing to the national security authority. ".



152. In section 202, paragraph. 2 (a). (b)), the words "communication charge" are replaced by

the words "the commencement of criminal prosecution".



153. In section 202 be inserted after paragraph 2, a new paragraph 3 is added:



"(3) if the defendant fails to appear without a proper apology to the main version and the

the Court decides that the trial will be held in the absence of

the defendant in the main proceedings, reports of witnesses, expert witnesses

and spoluobviněných to read under the conditions provided for in § 211. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



154. In paragraph 202. 5, the digit "3" shall be replaced by the numeral "4" and at the end of

paragraph 5 the following sentence shall be added: "the provisions of paragraph 3 shall be used here

reasonably. ".



155. In § 203 paragraph 1 reads:



"(1) the main version control and, unless the law otherwise, evidence performed

the President of the Senate. Making the individual the evidence or the Act may delegate

a member of the Senate or its implementation save the Prosecutor for

the conditions of section 180 paragraph. 3. This does not affect the right of the Prosecutor,

the accused and his defence counsel request the evidence referred to in section 215, paragraph.

2. ".



156. In section 211, at the end of paragraph 1 the following sentence:



"If a defendant who has been duly summoned to the main version,

without apology, or fails to appear without a serious reason of courtrooms away,

the consent of the accused with the reading of such a Protocol on the questioning of a witness

It is not needed and will consent to the public prosecutor. On these facts

the accused must be in summons. ".



157. Article 211, paragraph 2 reads:



"(2) the Protocol on the testimony of a spoluobžalovaného or a witness is read also

then, if the hearing was conducted in accordance with the provisions of this

the law and the



and such a person had died or) become missing for long term stay

abroad the unattainable, or got sick disease that permanently or

After her interrogation for preventing foreseeable or



(b)) or an unrepeatable Act emergency made pursuant to section 158a. ".



158. Article 211 paragraph 2 the following paragraph 3 is added:



"(3) the Protocol on the earlier testimony of a witness, also reads, if the

the interrogation carried out in a manner consistent with the provisions of this law and

a witness in the trial without permission denied to testify or in

the essential points of his earlier testimony deviates from and



and defence counsel or the accused) had the opportunity this past interrogation

to participate and ask questions vyslýchanému



(b)) if it has been established that such person has been the subject of violence,

intimidation, bribery, or promise other benefits, and so brought,

to nevypovídala or give false testimony, or



(c)) if the contents of the testimony was influenced by the course of the hearing in the trial,

in particular, as a result of the behaviour of the accused or the public present. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



159. In section 211, at the end of paragraph 5, the following sentence shall be added:



"The provisions of paragraph 1, second and third sentence shall apply mutatis mutandis here.".



160. section 212 is added:



"§ 212



(1) If a witness Departs or spoluobviněný in essential points from the

his earlier testimony and unless the cases referred to in the provisions of section 211

paragraph. 3 or a statement made as a prompt or an unrepeatable

the Act under section 158a the Protocol, he may be about his interrogation of the preparatory

the proceedings, which have not been given the opportunity to make defenders he was present,

or its relevant parts of one of the parties or by the President of the Senate

only předestřeny to explain the contradictions in his statements to the Court could

in the framework of the free assessment of evidence to assess the credibility and truthfulness of his

testimony taken in the main version.



(2) Předestření an earlier termination referred to in paragraph 1 shall consist in the reproduction of the

those parts of the Protocol on the previous questioning, the suspect has to

the person to express and explain the contradictions between their depositions. The Protocol on the

the testimony, which was předestřen, cannot be the underlying conviction

the accused, or in conjunction with other evidence in the case made. ".



161. In section 215, paragraph. 1 the words "social agent" shall be deleted.



162. Article 215, paragraph 2 reads:



"(2) the Prosecutor, the accused and his defence counsel may apply to them

It was possible to make the evidence, in particular, the hearing of a witness or expert.

The President of the Senate, which in particular when it comes to evidence

carried out to their design or stored and presented; is not obliged to

to meet them, if this is an interrogation of the accused, interrogation of a witness younger than

fifteen years old, sick or injured witness or if

the evidence of any of the listed persons has not been from another serious

therefore appropriate. If the hearing of a witness or expert in the same

designed as a public prosecutor and the accused or counsel, and both

the parties are asking for the implementation of the questioning, the President of the Senate shall decide, after

the expression of both parties about which of them performs an interrogation. The implementation of the

questioning one of the listed parties, the President of the Senate can abort only

then, if the hearing conducted in accordance with the law, on the front of

vyslýchajícím is made by pressure or hearing conducted other inappropriate

in a way, or the President of the Senate or the Chamber considers it necessary

ask the vyslýchanému question, which it is not possible to postpone the laying period

After the execution of such a hearing or its part. ".



163. In section 215, paragraph 2, the following paragraph 3 is added:



"(3) After the implementation of hearing or its part referred to in paragraph 2 shall have the right

the other party to ask vyslýchanému questions. The last sentence of paragraph 2 shall be

Similarly here. ".



The former paragraph 3 shall become paragraph 4.



164. In paragraph 216. 2 the words "social agent" shall be deleted.



165. In paragraph 216. 3, the words "or a social representative" shall be deleted.



166. section 219:



"§ 219



(1) the Court of odročí the main version, when there is an obstacle, for that cannot be

the main version, execute or continue, the date when the

will be held the next major version; continue the trial indefinitely is

possible only if required by the nature of the Act, for which the main version is not

possible to carry out or continue. Falls of the obstacle, for which

the trial had to be adjourned indefinitely, you must, without undue

delay, at the latest, within the time limits referred to in section 181, paragraph. 3 after the apostasy

obstacles require the main version or make other act aimed at

the end of things. If so, the President of the Senate, for serious reasons

make, apply, mutatis mutandis, to section 181, paragraph. 3 the last sentence.



(2) before the trial court odročí, Chairman of the Senate to determine whether

the parties proposed further evidence, that would be needed for the next version

supply.



(3) If there is no need for a substantial defect management or from another

an important reason to perform a major version again, shall communicate to the President of the Senate

continuing in the odročeném trial the essential content of the existing

the negotiations. Changed to the composition of the Senate, or expired from the adjournment

the trial time, reads with the consent of the Prosecutor and the

the accused the President of the Senate the essential content of the Protocol on the main version,

including in it made the evidence; If consent is not given, must be core

version done again. "



167. In section 220, paragraph. 2 the words "were made in the main version"

replaced by the words "the parties and implemented, where appropriate, that

added ".



168. In section 222, paragraph 1 reads:



"(1) if the Court finds in the zažalovaném deed a criminal offence, to which the

consultation is not responsible, shall decide on the date for a decision on the

the jurisdiction of the Court, which is the closest parent together to him and of the Court,

that is according to him. However, it is required to decide the matter himself, if

only the jurisdiction of the local and the defendant is not complained; It is also

shall decide the matter himself, if it would be the closest thing

Superior Court Court together of the same species, but of a lower degree.

Decide on the presentation of the case for a decision on the jurisdiction of the Court cannot

the Court to which the case was it superior court, unless the factual

the basis for the assessment of competence in the meantime considerably changed. ".



169. In section 223a paragraph 2 is added:
"(2) against the decision referred to in paragraph 1, the Prosecutor,

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



170. In section 225, paragraph. 1, the words "or assigned under section 222" shall be replaced by

the words "submitted to the decision on the jurisdiction under section 222, paragraph. 1 or

referred to another authority pursuant to section 222, paragraph. 2. "



171. section 226:



"§ 226



The Court shall relieve the prosecution of the accused, when, on the basis of the evidence

presented in the main proceedings by the public prosecutor and, where appropriate, supplemented by

Court, and also to the proposals of the other parties,



and it was not shown that) became an offence for which the accused is prosecuted,



(b)) in the plea proposal marked the deed is not a criminal offence,



(c)) have not been shown that this deed was committed by the accused,



(d) the accused is not for insanity) criminally responsible, or



(e)) the criminalization of the crime. ".



172. Under section 227, the words "§ 11 (1). 2 "shall be replaced by the words" § 11 (1). 3. "



173. section 228:



"§ 228



(1) if the Court Condemns the accused for the crime, which caused the

other material losses, saves him generally in the judgment that it

the victim was replaced, if the claim in time was applied (article 43, paragraph 3);

If this does not prevent the legal obstacle, the Court imposes the accused always

the obligation to pay compensation if damages part of the description

the offence referred to in the judgment by which the defendant acknowledges the guilty,

and shame on this amount has not been paid.



(2) the Statement of the obligation of the accused to compensation must exactly

indicate the person authorized and entitled, which was attributed to him. In

justified cases, the Court may pronounce, that commitment has to be met in

instalments, the amount and terms of maturity at the same time.



(3) Opinion of the judgment on the performance in money might be on the design of the damaged

expressed in a foreign currency, if it is contrary to the circumstances of the case and



and) damage was caused by the funds in a foreign currency or on

the things purchased for such funds, or



(b) the accused or the injured party) is cizozemcem. ".



174. In section 231, paragraph 2 reads:



"(2) in addition to the trial court in private session.

If it considers it necessary for the President of the Senate, can the decision on

approval of the settlement requires public meetings. ".



175. In paragraph 231. 3 the second sentence reads: "Against the decision on conditional

stopping criminal prosecution or settlement can such

also complain to the accused and the injured party. "



176. In section 233, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



177. In paragraph 235. 2 the second sentence, the words "paragraph in brackets. 1 and 4 "

replaced by the words ' paragraph 4 '. 1 and 5 ".



178. Article 249, paragraph 1 reads:



"(1) an appeal must be within the period referred to in Section 248 or, in the further period of time to

by the Chairman of the Senate of the Court of first instance under section 251 also

justified so that the petition, which is, in the judgment of the statements challenged

and what defects are admittedly the judgment or proceedings of the judgment

prevent. Must be an authorized person briefed. ".



179. Article 249 paragraph 1 the following paragraph 2 is added:



"(2) the public prosecutor is obliged to indicate in the appeal is whether the served, even if

in part, the benefit or to the detriment of the accused. "



Paragraph 2 becomes paragraph 3.



180. section 251:



"§ 251



Proceedings in the Court of first instance



(1) if the appeal does not comply with the State Prosecutor, appeals, which he handed over

the accused, his defence counsel, or the appeal, which he handed over the damaged

or for the person involved, their agent, the elements of the content of the appeal

under section 249, paragraph. 1, the President of the Senate, will prompt them to remove defects in the

within five days, which also provides for them, and warn them that otherwise

the appeal will be rejected in accordance with § 253, paragraph. 3. As well, if the

such an appeal filed by the defendant, who is an advocate, damaged or

the person concerned who have an agent.



(2) if the defendant who filed the appeal do not meet the requirements

content of notice of appeal under section 249, paragraph. 1, the defense attorney, it shall invite the President of the Senate

to correct the defects within a period of eight days and provide it to the removal of defects

the appeal of the necessary lessons. If it does not lead to the remedy or if required

the nature of the case, and the defendant's Attorney did not elect,

appoint him to the only grounds for appeal or even advocacy in

appeal Chairman of the Board and shall proceed in accordance with paragraph 1. U

the injured party and interested persons, who do not have an agent, it shall

the President of the Senate.



(3) once the time limits have elapsed since the submission of the appeal and the time limit for the removal of defects

the appeal for all authorised persons, the President of the Senate shall forward a copy of the

the appeal and the reasons for the other parties and their nevyčkávaje

representation shall submit to the writings of the Court of appeal. ".



181. In section 253, the following paragraphs 3 and 4 are added:



"(3) the appellate court rejects the appeal, which does not meet the requirements of content

the appeal.



(4) Refuse the appeal referred to in paragraph 3 may not be, if not

the person duly instructed under section 249, paragraph. 1 or not justified

a person who does not have an advocate or agent assisted in

the removal of the defects of the appeal (§ 251, paragraph 2). ".



182. section 254 is:



"§ 254



(1) if it does not reject or reject-the appeal to the Court of appeal under section 253,

examine the legality and justification of the detachable sayings

the judgment against which the appeal has been lodged, and the correctness of the procedure, the management

that preceded them, and in terms of the alleged defects. The defects, which

they are not citing stands charged, the Court of appeals shall take into account only if they have the effect of

on the accuracy of the statements, against which the appeal has been lodged.



(2) If, however, the impugned defects originate in a different scope than in the fact

against which the appeal is brought, the Court of appeal and shall review the correctness of the

such a statement, that the appeal, if the contested statement follows

the authorized person may lodge an appeal against it.



(3) If a person lodges an appeal against the conviction,

will review the Court of appeal in the wake of the alleged defects always about

the sentence, as well as other statements, which are in the conviction of its basis,

regardless of whether it was an appeal against these decisions.



(4) if the appeal Was attacked by part of the judgment relating to only some of the

more persons, of which it was decided in the same judgment, the Board of appeal shall examine

the Court referred to in a way only that part of the judgment and of the previous proceedings,

that applies to that person. ".



183. In section 255, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the Court of appeals suspends criminal prosecution, if it considers that the law,

which enjoyed in a criminal case, the CFI when deciding on

guilt and punishment, is in contradiction with the constitutional law or international

the Treaty, which takes precedence over the law; in this case, refer the matter to

The Constitutional Court ".



184. section 257:



"§ 257



(1) the Court of appeal all or part of the contested judgment and to the extent

cancellation



and) decide to submit stuff to the decision on the jurisdiction of the Court which

together, the Superior Court of first instance and of the Court, which according to him

competent, so I had to make the Court of first instance (§ 222 (1));

If this is the Superior Court appellate court together, shall decide immediately

alone of the commandments to the competent court,



(b) it shall refer the matter to another body), you should do so already the Court of first

degree (section 222, paragraph 2),



(c)) the prosecution stops, if it finds that there is some of the circumstances,

that would justify stopping the prosecution of Court of first instance

(§ 223 para 1, 2),



(d)) the prosecution interrupted, should do so already the Court of first instance

(article 224, paragraph 1, 2 and 5).



(2) if the appellate court finds that there is one of the circumstances referred to in section

11. 1 (a). and (b)),),), which occurred after the publication of the contested

the judgment shall decide, without the contested judgment set aside, stop

a criminal prosecution.



(3) in the appeal proceedings, in which stopped the prosecution of

one of the reasons referred to in paragraph 2 shall, however, continue to declared

the accused within three days from the time when he was a resolution on the cessation of the criminal

the prosecution announced that on the hearing of the case. About the accused must be

learn. ".



185. Article 258, paragraph 1 reads:



"(1) the Court of Appeal judgment also cancels the



and for the substantial procedural), which preceded the judgment, in particular

Therefore, in this procedure have been infringed the provisions governing

secure the clarification of the case or the right of the defence, if they could have the effect of

on the accuracy and legality of the part of the judgment,



(b)) for the defects of the judgment, in particular, for the lack of clarity or incompleteness of the

the facts relating to the part of the judgment, or

Therefore, that on such parts of the Court he didn't deal with all the circumstances of the

important for the decision,



(c)) if doubts about the correctness of the facts concerning the

the part of the judgment, to clarify things, the evidence must be repeated

or perform other evidence and their application before the Court of appeal should

meant to replace the activity of the Court of first instance,



(d)), in the part of the judgment under appeal infringed the provisions of the criminal

the law,



(e)) where the penalty imposed in the part of the judgment was unreasonable,
(f)) when the decision as the right of the injured party in the

part of the judgment wrong. ".



186. Article 259, paragraph 1 reads:



"(1) If, after the annulment of the contested judgment, or some of its parts should be

make a new decision on the matter, the Court of appeal may thing back Court

in the first instance, only if the defect cannot be deleted in the public session,

in particular, if the facts are so inadequate, that is to be the main

version again, or perform wide-ranging and difficult to implement replenishment

evidence. ".



187. Article 259 paragraph 3 reads:



"(3) the judgment in the case to the Court of appeal may, if the

the new decision can be made on the basis of the facts, which was in the

the contested judgment correctly detected and, where appropriate, on the basis of the evidence

carried out before the Court of Appeal added or changed. The Court of appeal is

may derogate from the factual findings of the Court of first instance only if the

If, in appeal proceedings



and again, for some) carried out a factual finding substantial evidence

made already in the main version, or



(b)) carried out the evidence, which was not carried out in the main version. ".



188. Article 259 paragraph 3, the following paragraph 4 is added:



"(4) to the detriment of the defendant the Court of appeal may amend the contested

the judgment only on the basis of the Prosecutor's appeal, which was filed in

against the accused; in a verdict on compensation may do so also

on the basis of the appeal of the injured party, who filed a claim for compensation

damage. ".



The current paragraph 4 shall become paragraph 5.



189. section 260:



"§ 260



If you cannot continue after the cancellation of the judgment in the proceedings before the Court for the

unrecoverable procedural defects and if there is no other reason for the decision,

the Court of appeals returns the thing to the Prosecutor to the DGA has conducted. The provisions of section 191

and section 264 paragraph. 2 there shall apply mutatis mutandis. ";"



190. In section 263, paragraphs 5 and 6 are added:



"(5) after the opening of the session by the Chairman of the Senate public or

the specified member of the Senate of the judgment under appeal and shall submit a report on the State of things. Then

raised by the appellant of his appeal and the reasons for such refusal; If the appellant

present, reads the appeal, including the grounds for the President of the Senate or

the specified member of the Senate. The Prosecutor and the person, which may be

the Court of appeal decision directly affected, if not to the appellant,

make your comments and suggestions on the implementation of the taking of evidence; If it is not

some of those persons present and if the expression is contained in the file,

or if requested by it, the Chairman shall refer the contents of their submission of the President of the Senate, or

by the Senate.



(6) after the presentation of the proposals in the public meetings of the Court of appeals will perform

the evidence needed for a decision on the appeal, unless it is an extensive and

difficult to implement additional evidence, which would mean replacing the

the activity of the Court of first instance. On the taking of evidence is to be used, the provisions on

the taking of evidence in the trial. If the accused is not present, although he was

duly summoned, it is considered that, by reading the protocols of interrogation

witnesses and experts agree ".



191. In section 263, the following paragraph 7 is added:



"(7) in terms of changes or additions to the factual findings of the Court of appeal

may be taken into account only to the evidence, that were made in public session

before the Court of appeal; such evidence shall be evaluated by following up on evidence

made by the Court of first instance in the main proceedings. The Court of appeal is

bound by the assessment of the Court of first instance of the evidence with the exception of those

the evidence which the Court of Appeal itself in the public meetings again. ".



192. under section 265 is added to the new head of the seventeenth (section 265a to 265s)

including the title:



"THE HEAD OF THE SEVENTEENTH



The APPEAL of the



section 265a



The admissibility of the appeal



(1) the Mansfeld, the final decision can be challenged in the Court of the merits,

If the Court ruled in the second degree and the law permitted.



(2) the Decision on the merits of means



and judgment, which was) the accused guilty and saved his penalty,

where appropriate, the protective measures or was dropped from the punishment



(b)), which was a judgment the accused acquitted of the indictment,



(c)) the resolution on the cessation of criminal prosecution,



d) resolution on referral to another authority,



(e)) the resolution, which imposed protective measures,



(f) resolution on conditional cessation of) criminal prosecution,



(g)) the resolution on the approval of the settlement, or



h) decision has been denied or rejected ordinary appeal

against a judgment or resolution referred to under letters a) to (g)).



(3) an appeal to the detriment of the accused may be made only on the grounds that the

the Court proceeded in accordance with article 259, paragraph. 4, section 264 paragraph. 2, § or § 273

289 (c). (b)).



(4) an appeal only against the grounds of the decision are not permissible.



section 265b



The reasons for the appeal



(1) an appeal may be lodged only if any of the following reasons:



and in the matter of factually) ruled incompetent Court, or the Court, which has not been

properly cast, unless instead of a single judge ruled the Senate or decided

the Court of higher instance,



(b)) in the case of foreclosed Authority decided; this reason cannot be used if the

This circumstance was the one who serves the appeal, is already in the main proceedings

known and it was not before the decision, the authority of second instance namítnuta



(c) the accused had no control), although it should have according to the law,



(d)) has been infringed the provisions on the presence of the accused in the main proceedings

or in the public session,



(e)) against the accused was led by the prosecution, although according to the law

It was inadmissible,



(f)) it was decided to transfer the case to another authority, to stop

criminal prosecution, conditionally cease prosecution,

approval of the settlement, without the conditions were met for such a decision,



(g)) decision is based on incorrect legal assessment of the deed or other

the wrong substantive law,



(h)), the accused was saved such kind of punishment that the law does not allow,

or he has been sentenced in the area outside the criminal rate provided for in the

the criminal law on the crime of which he was convicted,



even) it was decided to forgo punishment or abandonment of

punishment with supervision, without the conditions laid down by law for the

such a procedure,



(j)), it was decided to impose a safeguard measure, without have been met

the conditions laid down by law for the imposition,



to) it was decided to reject or reject the debtor

a resource against a judgment or resolution referred to in section 265a paragraph. 2

(a). and (g))), without the conditions laid down by law have been met for such

the decision,



l) in a decision statement is missing or incomplete.



(2) an appeal may be filed even if a penalty was deprivation of liberty

life imprisonment.



§ 265 c



Dovolací Court



The appeal shall be decided by the Supreme Court.



§ 265d



Authorized person



(1) an appeal may be made by



and) on a proposal from the Prosecutor of the regional or state high

representative or even without such a proposal for any incorrectness of the statement

the Court decision in favour of and against the accused,



(b) the accused for the incorrectness of the statement) of the decision of the Court, that it

immediately touching.



(2) the accused may lodge an appeal only through an attorney. The submission of

the accused, which was made by the defence counsel, shall not be

for leave to appeal, even if it was marked as follows; about the accused must be advised (§

paragraph 125. 3.), the Supreme Court does not act on such filing, but will send it

Depending on its content, either to the competent court such as the proposal for the

the authorisation of recovery management or the Minister of Justice as an incentive to

complaint for violation of the Act, where appropriate, return it to the accused with

the lesson that an appeal may be made only by means of a defender. Similarly,

proceed with the submission of persons, which could bring an appeal on his behalf.



§ 265e



The period and place of submission



(1) an appeal shall be lodged with the Court that ruled in the case in the first instance,

within two months of notification of the decision against which the appeal is directed.



(2) if the decision served as the defendant and his defenders

and legal representatives, the period runs from the service that was performed

at the latest.



(3) the time limit for filing an appeal is also maintained when the appeal

lodged within the time limit in the Supreme Court or in the Court, which ruled in the matter

in the second stage, or if a submission whose content is the appeal, given the

the time limit on mail and addressed to the Court, which is to be filed or who

He has in the matter.



(4) the return deadline for filing an appeal is not permitted.



§ 265f



The content of the appeal



(1) an appeal shall be in addition to the General requirements (section 59 (3))

the filing stated, against whom the decision is directed, that statement, in which they

the extent of and reasons for attacks and dovolatel seeks, including

a specific proposal for a decision of the Court of dovolacího with reference to the legal

the provisions of section 265b paragraph. 1 (a). and) to l) or section 265b paragraph. 2, which

the appeal is based. The Prosecutor is obliged to appeal

indicate whether it is served to the benefit or to the detriment of the accused.



(2) the extent to which the decision is being challenged, mansfeld and the reasons for the appeal

You can change the duration of the period for filing an appeal.



§ 265g



Withdrawal of appeal



(1) the person who filed the appeal, is an explicit statement can take
back up until the Supreme Court removes the final consultation.

In proceedings on appeal, however, continues, he took to the Attorney

back in favour of the appeal lodged by the accused, if the accused takes on

continuation of dovolacího of the proceedings; in this case, the Supreme Court

in the range, as if such an appeal lodged by the highest Government

representative handed the accused himself. Withdrawal of an appeal filed by the Supreme

the public prosecutor only in favour of the accused, who died, is

ineffective.



(2) the withdrawal of the appeal, if not the obstacles, the resolution to the attention of

the President of the Senate of the Supreme Court, and if the matter was not yet this Court

submitted to the President of the Chamber, the Court of first instance. He took the highest

the State Prosecutor filed an appeal in favour of the accused and the

the accused insists on the continuation of the proceedings on the appeal, stating that the President of the

the Senate of the Supreme Court in the resolution, which shall decide on the withdrawal of the

appellate review.



§ 265h



Proceedings in the Court of first instance



(1) If an appeal or appeal in cassation the Supreme State Prosecutor

the accused lodged his appeal counsel of the content requirements under section

265f paragraph. 1, the President of the Senate, will prompt them to remove the defects within a time limit

two weeks, which also provides for them, and to notify them that otherwise will be

Appeal rejected under section 265i paragraph. 1 (a). (d)).



(2) the President of the Senate of the Court of first instance shall deliver a copy of the appeal

the accused, the Prosecutor and a copy of the appeal of the Prosecutor's advocates

the accused and the accused with a warning that they may appeal in writing to the

comment and agree with discussion an appeal in private session [section

265r paragraph. 1 (a). (c))]. As soon as the time limit for filing an appeal expires all

the beneficiaries shall submit to the writings of the Supreme Court.



(3) if the President of the Senate on the basis of the appeal and of the content of the files to

the conclusion that it should be postponed or interrupted by the performance of the decision, shall submit to the

without undue delay the relevant proposal on the writings of such a procedure

The Supreme Court, that such a proposal be decided by a resolution not later than

within fourteen days after receipt of the documents, and if in the meantime already completed

proceedings in the Court of first instance, returns his writings to the completion of the proceedings.



The decision of the Court of dovolacího



§ 265i



(1) the Supreme Court rejects the appeal,



and if it is not permitted),



(b)) was made, if for any reason other than is set out in section 265b,



(c)) was made, if belatedly, by a person to any unauthorized person, again

filed before explicitly took back



(d)) does not meet the requirements to the contents of the appeal,



e) in the case of appeal manifestly unfounded,



(f)) where it is quite obvious that the consideration of the appeal could not fundamentally

affect the status of the accused and the question that has to be the appeal of the initiative

dealt with, is not legally significant importance.



(2) in the grounds of the resolution on the refusal of leave to appeal the Supreme Court only

briefly indicate the reason for rejection by pointing out the circumstances relating to the

legal reason of refusal.



(3) if the Supreme Court Rejects an appeal referred to in paragraph 1, shall examine the

the legality and justification of those sayings of the decision against which it was

an appeal has been lodged, in extent and of the reasons referred to in the appeal, as well as

the management of the contested parts of the previous decision. To vádám statements

they were not attacked by mansfeld, the Supreme Court shall take into account, if only they could

have an effect on the accuracy of the statements, against which an appeal has been lodged.



(4) If a person lodges an appeal against a reasonable conviction,

examine the Supreme Court in the wake of the alleged defects always about

the sentence, as well as other statements, which are in the conviction of its basis,

regardless of whether it was lodged an appeal against these decisions.



(5) if it has been attacked by mansfeld part of the decision relating to only some of the

of more persons, which were decided by the same decision, examine the

The Supreme Court referred to in the manner just that part of the decision and

the previous management, which refers to this person.



§ 265j



Court of Appeal rejects the Dovolací, if it finds that it is not reasonable.



§ 265k



(1) if the Supreme Court finds that the submitted appeal is justified, it shall revoke

or part of the contested decision, where the faulty management of him

the previous.



(2) If it is only part of the contested decision is defective and can be separated

from the other, the Supreme Court decision, only in this section; If

However, even if only in part, a statement of guilt, always at the same time the whole of the operative part of the

the sentence, as well as other statements, which are in the conviction of its surface.

At the same time cancels the other decision repealed decision or its

the cancelled part of the content of a follow-up, if, due to the change, which occurred

cancellation, termination is the substrate. The provisions of § 261 is used appropriately.



§ 265l



(1) If, after the annulment of the contested decision or one of his

to be taken in case a new decision, the Supreme Court usually will order the

the Court, whose decision it is, to the extent necessary, thing again

discussed and decided.



(2) if the defect only in the fact that in the contested decision a statement

missing or incomplete, the Supreme Court, without the decision cancels,

order of the Court, whose decisions as to the lack of a verdict decided

or an incomplete statement said.



(3) if the Supreme Court ordering the case referred to in paragraph 1 or 2 of the new

discussion and decision, may also require the Court to discuss and

decided in a different composition of the Senate. Important reasons can also thing

order for examination and decision of another court or to another State

the representatives.



§ 265m



(1) the Supreme Court may annul the contested decision also immediately

to decide on the matter by a ruling. The Supreme Court cannot, however, alone



and recognise the accused guilty), for which he was acquitted of the indictment or

for which criminal prosecution was stopped,



(b) recognise the accused guilty of a more serious) offence than what could be

the contested judgment of guilty,



(c)) to save the accused to imprisonment of fifteen to twenty

five years or imprisonment for life, if he was not already saved

the decision under review, where appropriate, in conjunction with the judgment of the Court of

in the first instance.



(2) if the Supreme Court judgment only in the scope of compensation,

be used, mutatis mutandis, to section 265.



§ 265n



Against the decision on the appeal is not, with the exception of the renewal proceedings appeal

means permitted.



Proceedings in the Court of dovolacího



§ 265o



(1) before deciding on an appeal, the Chairman of the Senate of the Supreme Court

defer or interrupt the execution of a decision, against which it was lodged

appellate review.



(2) if the decision of the appellate review should be clarified some circumstance,

carry out the necessary investigation, the President of the Senate of the Supreme Court, or on the

his request any other body active in criminal proceedings, that is

must, without undue delay. For such investigation shall apply

the provisions of title 5. In particularly urgent cases can be used to ensure

the burden of the material used and the resources referred to in the title of the fourth.

Ensure the person issuing a command to the arrest of the accused and the withdrawal to the links

You can, however, only if it shall propose to the Supreme State Prosecutor in the appeal

submitted to the detriment of the accused and if it considers the Supreme Court for the

necessary because of the seriousness of the offence and the urgency of the detention

reasons.



§ 265p



(1) to the detriment of the accused may change the Supreme Court contested

the decision only on the basis of the appeal of the Attorney General, which

were made to the detriment of the accused.



(2) an appeal to the detriment of the accused is excluded if the



and the accused, died)



(b)) on the performance by the decision of the President of the Republic, which he ordered,

to criminal prosecution been discontinued.



(3) If an appeal has been lodged in favour of the accused, the only way

his death proceedings on the basis of the appeal; the prosecution here

You cannot stop because the accused has died.



§ 265r



(1) the appeal shall be decided by the Supreme Court in a public meeting. In

private session can make



and the decision to refuse leave to appeal) (section 265i)



(b)) the decision on the annulment of the contested decision (section 265k), and the commandments of things

for reconsideration and decision (section 265l 1 and 2), it is clear that the

You cannot delete a defect in a public meeting, or



(c)) other decisions, agrees with discussion in private session

the Prosecutor and the accused.



(2) the participation of a prosecutor working for the Supreme State

the Prosecutor's Office in the public meetings is mandatory.



(3) at a public meeting held on the appeal of the accused must have defence counsel

in the cases referred to in § 36a, paragraph. 2 (a). and (d)).)



(4) in the absence of the accused who is in custody or in prison

imprisonment, public meeting can be held only if the accused

expressly declares that the participation at the public meeting.



(5) if notice of a public meeting to deliver a person

a decision on the appeal may be directly affected, the venue of the public

meeting of its 7(3)(d) Attorney or agent. If this does not

a person, or an agent, the advocate should be it for the purpose
establish. The provisions of section 39 shall be used mutatis mutandis here.



(6) after the opening of the session by the Chairman of the Senate public or

the specified member of the Senate of the contested decision and shall submit a report on the State of things.

Then dovolatel their appeal and the Chairman shall give reasons for them. The public prosecutor and the

persons who may be directly affected by a decision of the Court of dovolacího,

If you are not a dovolateli, make its observations; If any of the

These people present, and if the expression is contained in the file, or

If requested, the Chairman shall refer the contents of their submission of the President of the Chamber or

the specified member of the Senate.



(7) the evidence in open court before the Supreme Court as a rule

do not perform. Only exceptionally may the Supreme Court proceedings to supplement the evidence

necessary to enable it to decide on the appeal.



§ 265s



Proceedings after the commandment of things



(1) law enforcement Authority to whom the case was it to the new

discussion and decision, is bound by the legal opinion, which expressed in

the decision of the Supreme Court, and is obliged to perform tasks and the addition,

the Supreme Court ordered.



(2) if the contested decision Was annulled only as a result of an appeal

lodged in favour of the accused, not in the new management of change

the decision in his detriment. ".



The former head of seventeen to twenty-fourth as head

Eighteen to twenty-five.



193. In section 266, paragraph 1 reads:



"(1) Against a decision of the Court or the public prosecutor, which

the law has been violated or that was done on the basis of faulty procedure

management, the Minister of Justice may submit a complaint in the Supreme Court

for violation of the law. Unless otherwise provided by law, is against a decision of

The Supreme Court a complaint for violation of the law. ".



194. In section 266, paragraph. 5, the words "of the Court, the public prosecutor or

investigators "are replaced by the words" the Court or the public prosecutor ".



195. In section 266, paragraph 7 shall be deleted.



196. under section 266, the following new section 266a, which reads:



"§ 266a



(1) against a decision whose revocation can pursue the path of appellate review,

the Minister of Justice may file a complaint for violation of the act within the time limit

two months of receipt of a final decision of the public prosecutor.

If no appeal is lodged in such a case, the Minister

of Justice to lodge a complaint in favour of the accused for violation of law

even after the expiry of this period.



(2) Filed a complaint for violation of the law, which was not justified, the

the Minister of Justice is obliged to justify within 14 days of its submission.



(3) a complaint for violation of the law, and the appeal lodged in the same case, discuss,

The Supreme Court in the common procedure. This does not preclude the procedure under section 23. ".



197. § 267:



"§ 267



(1) in the complaint for violation of the Act shall be in addition to the General

formalities (article 59, paragraph 3) filing stated, against which the decision

that statement is directed, to what extent and for what reasons it occurs and what

the Minister of Justice is seeking, including a specific proposal to the

the decision of the Supreme Court. The Minister of Justice is obliged to in the

complaint for violations of the law include, whether it serves to benefit or in

against the accused.



(2) have been filed and within the time limit referred to in § 266a paragraph. 2 whether or not substantiated

complaint for violations of the law can no longer be in the course of the proceedings before the Supreme

the Court change.



(3) the Supreme Court shall examine the legality and justification of those sayings

the decision against which the complaint is filed, for violations of the law in

the extent and reasons specified therein, as well as control the contested part of the

the previous decision. The defects of the sayings that have not been complaints for

violation of the Act contested, the Supreme Court shall take into account, if only they could

have an effect on the accuracy of the statements, against which the complaint has been submitted for

violations of the law.



(4) If the Minister of Justice shall reasonably be a complaint for violation of

the law against conviction, the Supreme Court shall review the following the

the impugned statement regarding defects always punishment, as well as other statements that have

in the conviction of its basis, regardless of whether it was against these

the statements filed a complaint for violation of the law.



(5) If a complaint for violation of law challenged part of the decision

regarding some of the more persons, of which it was decided the same

decision, the Supreme Court shall examine the ways listed here only part of the

the decision and the previous management, which refers to this person. ".



198. Article 268, paragraph 1 reads:



"(1) the Supreme Court shall reject a complaint for violation of the law,



and if it is not permitted),



(b)) were submitted late (§ 266a (1)), or



(c)) if it is not justified. "



199. In section 272 paragraph. 1 and 2, the words "within three months of its submission"

replaced by the words "within six months of its submission".



200. section 274:



"§ 274



On a complaint for violation of law shall be decided by the Supreme Court in the public

meeting with the participation of a prosecutor working for the Supreme State

the Prosecutor's Office. If it considers that the Minister of Justice or the President of the

the Senate considered necessary, participate in the public meeting also authorized representative

the Minister of Justice. Decision pursuant to section 268, paragraph. 1 can the highest

the Court made in a private session. ".



201. section 277 including title:



"§ 277



General provisions



If the criminal prosecution against a certain person by a final

the judgment has become final, the criminal use, final resolution on

cessation of criminal prosecution, the final resolution on conditional

cessation of criminal prosecution, the final resolution on the approval of the

settlement or final resolution on referral to another authority,

can be used in the prosecution of the same person for the same Act to continue, if

such a decision was not cancelled in the prescribed proceedings, the only other

If enabled the restoration of the criminal proceedings. Before enabling recovery can be used to

securing evidence and to ensure that the person of the accused be carried out

investigative acts only within the limits of the provisions of this title. '.



202. In § 278 paragraph. 1, after the words "the final judgment ended" before

a comma, the words "or a criminal order" and at the end of paragraph 1, the

the following sentence shall be added: "recovery management, which ended by a final

the judgment, in which it was decided to forgo punishment with suspension

supervision, shall be allowed, and even earlier, than actually occurred, referred to in section

26 paragraph. 5 and 6 of the criminal code, even if they come out to clear

facts or evidence previously unknown to the Court, which could themselves

or in conjunction with the facts and evidence already known to justify

the decision about punishment. ".



203. In § 278 paragraph 2 is added:



"(2) the renewal of the management, which ended by a final court resolution of the

stopping criminal prosecution, including the approval of the settlement, the referral

things to another authority or on conditional cessation of criminal prosecution, and it

even in the case of, if there have been facts referred to in section 308, paragraph.

3, shall, if it transpires that facts or evidence before the Court

unknown, which could in themselves or in conjunction with the facts and

the evidence already known to lead to the conclusion that the reason for such decision,

There were, and that is in place to continue proceedings. ".



204. In § 278 paragraph 3 reads:



"(3) the renewal of the management, which ended by a final resolution of the State

the representative of the cessation of criminal prosecution, including the approval of the settlement, about

referral to another authority or on conditional cessation of criminal

prosecution, even if still there have been facts

in section 308, paragraph. 3, shall, if it transpires that fact or evidence

Prosecutor previously unknown, which could in themselves or in

conjunction with the facts and evidence already known to lead to the conclusion that the

the reasons for such a decision and that there were not in place to

the indictment accused. ".



205. In § 278 paragraph. 4 is deleted the text "investigator".



206. In § 279 for the letter a), the following new subparagraph (b)), which read:



"(b)) in the length of the period of one half of the criminal limitation period

the crime, which led to the prosecution, ".



The former subparagraph (b)) and (c)) shall become points (c) and (d)).)



207. In § 280 paragraph 3, the following paragraph 4 is added:



"(4) a person that proposal to allow recovery procedure, it can be

an explicit statement to take back, and it's up to the time before the Court of first

Removes the final consultation stages. The proposal to permit recovery management

made in favour of the accused or other authorised person

the accused by counsel or a legal representative can be taken back only with

the express consent of the accused; This shall not apply if such a proposal passed

the Prosecutor, or if such a proposal was filed by an authorized person after

the death of the accused. The withdrawal of the proposal to permit the recovery procedure takes

the resolution to the attention of the President of the Senate Court of first instance. Such

the decision does not preclude later filing for a permit again

recovery management. ".



The current paragraph 4 shall become paragraph 5.



208. In § 281 of paragraphs 1 and 2 shall be added:



"(1) on the proposal for renewal of the authorisation procedure, which was concluded by a final

by order of the public prosecutor to discontinue a criminal prosecution, including

approval of the settlement, a referral to another authority or on conditional
stopping criminal prosecution, shall be decided by the Court which would be competent

to decide on an indictment.



(2) on the proposal for renewal of the authorisation procedure, which was concluded by a final

judgment or criminal use, and the management, which ended by a final

by order of the Court of cessation of criminal prosecution, including the approval of the

the settlement, a referral to another authority or on conditional stop

the criminal prosecution shall be decided by the Court in the case decided in the first

degree. ".



209. In § 284 paragraph. 2, after the words "on the cessation of criminal prosecution"

the words "including the approval of the settlement, the referral of a case to another

authority or on conditional cessation of criminal prosecution ".



210. Article 288, paragraph 1 reads:



"(1) if it has been been enabled recovery proceedings

final resolution of the Prosecutor to halt criminal prosecution,

including the approval of the settlement, a referral to another authority or of the

conditional cessation of criminal prosecution, the pre-trial

control. ".



211. Article 291, the words "communication charge" are replaced by the words "start

of criminal prosecution ".



212. In section 295 of the text at the end of the following sentence shall be added:



"If the Court to which the case was referred to, with a referral

things, shall decide on the date for a decision on the jurisdiction of the Court,

that is closest to him and the Court together under that thing

forward. ".



213. In section 297, paragraph 1 reads:



"(1) unless the proceedings against a fugitive, the trial cannot be held in the

the absence of the juvenile, which at the time of his venue has not reached the age of

18. ".



214. In section 301, paragraph. 2 (b)):



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

the accused ".



215. In section 301, paragraph. 3 the words "enforcement proceedings".



216. Article 302, paragraph 2 shall be deleted and the paragraph numbering.



217. Section 303:



"§ 303



(1) in proceedings against a fugitive criminal prosecution launches service

resolution on the initiation of criminal prosecution of the accused defenders. If he was not

defense lawyer elected (section 37 (1)), it is necessary to establish it.



(2) if the reason Arose for the venue of the proceedings against a fugitive after delivery

resolution on the initiation of the criminal prosecution of the accused in the indictment,

the Prosecutor shall record, in which shall be entered, from which the day is

against the accused took place of proceedings against a fugitive; the record shall be forwarded

advocates. ".



218. section 305:



"§ 305



About the venue of the proceedings against a fugitive after the filing of the indictment, the Court decides on the

the proposal of the public prosecutor or even without such a proposal. The proposal may state

the representative made in the indictment. "



219. under section 306 shall be inserted a new section 306a:



"section 306a



(1) if the reasons for the proceedings against a fugitive, in criminal

proceedings pursuant to the General provisions. If the accused so requests, the

in the proceedings before the Court the evidence again in the previous judicial proceedings

made, where their nature permits, or whose recurrence

does not preclude other significant fact; otherwise, the accused

the reports on the implementation of such evidence to read and allows him to

They expressed.



(2) if proceedings against a fugitive by a final convicting

the judgment and then ceased, for which the proceedings against a fugitive

led, on a proposal from the convicted person brought within eight days from the delivery of the judgment

such a judgment of the Court of first instance and to the extent provided for in the

paragraph 1, the main version. About the right to propose the abolition of the

the final conviction of the judgment must be at the service of the judgment

the person briefed. The Court shall proceed mutatis mutandis, if required by the international

the contract, which the Czech Republic is bound.



(3) in the new management cannot change the decision against the

the accused ".



220. In § 307 paragraph. 1 (a). and), the word "crime" shall be deleted, in paragraph

1 the term "offender" shall be replaced by the word "accused" and in paragraph 4, the

the word "restrictions", the words "and obligations".



221. section 309 and 310:



"§ 309



(1) in proceedings for an offence for which the law stipulates a prison sentence

freedom, whose upper limit does not exceed five years, may with the consent of

the accused and the injured party by the Court and, in preliminary proceedings the State Prosecutor

decide whether to approve the settlement and stop the prosecution, if the



and) the accused declares that he has committed an offence for which he is prosecuted, and are not

reasonable doubt that the statement was made freely,

seriously, and I'm sure,



(b) shall pay the injured party) damage caused by the criminal offence or make

the necessary operations for its payment, or otherwise redresses

the criminal offence, and



(c)) on behalf of the Court or to the lodging in the preliminary proceedings on behalf of the State

the Prosecutor's Office the amount of money specified by the recipient to the generally

beneficial purposes, and this amount is obviously disproportionate severity

of the offence,

and if such a way of settling things as sufficient to

the nature and gravity of the offence committed, to the extent it was a criminal offence

without prejudice to the public interest, to the person of the accused and his personal and property

conditions.



(2) against the decision referred to in paragraph 1 may, the accused, the injured party, and

proceedings before the Court and the Prosecutor to lodge a complaint, which has suspensive

effect.



Section 310



(1) before the decision on approval of the settlement by the Court, and in preparatory proceedings

the Prosecutor shall hear the accused and the injured party, in particular, to the method and

the circumstances of the conclusion of the agreement, whether the agreement on settlement of the settlement between the

them were made voluntarily and whether they agree with the approval of the settlement.

The accused shall be heard, whether it means the content of the charges, and whether

is aware of the consequences of the approval of the settlement. Part of the questioning of the accused

There must be a declaration that committed the offence for which he is prosecuted.



(2) before the hearing of the accused and the injured party must learn about their

rights and about the nature of the Institute.



(3) If a legal person is damaged, the place of the hearing of the

representative or other person authorized to act on its behalf to obtain its

a written statement of the circumstances referred to in paragraph 1. ".



222. the following section shall be added to § 310 310a, which reads as follows:



"§ 310a



Rights of the injured party pursuant to section 311, 309a distributor who only

switched compensation claim. ".



223. section 311:



"§ 311



(1) the decision on approval of the settlement and stop the prosecution must

include a description of the offence to which the settlement relates, its legal assessment, the

the contents of the settlement involving the amount of paid damages or damages to the

payment of the required operations have been performed, or how else the Atonement

the injury caused by the offence, the amount of money designated for generally beneficial

purposes with indication of its recipient, including the amounts surrendered the State to

financial assistance for victims of crime, and the statement on the cessation of the criminal

the prosecution for the offence, which is considered a criminal offence, the

the settlement concerns.



(2) in determining a recipient an amount of money for beneficial purposes is

the Court is bound by the contents of the settlement agreement between the accused and the victims. "



224. Section 314:



"§ 314



The settlement by the Court or the public prosecutor in the pre-trial

approved after the accused has made a declaration in accordance with § 309 paragraph. 1, that

committed the offence for which he is prosecuted, not to this statement in the next

management take into account as evidence. ".



225. In section 314b, the following new paragraphs 1 to 3 shall be added:



"(1) things, in which it held an abbreviated preparatory proceedings, judge

discuss in a simplified procedure. The prosecution is initiated by

the proposal of the State Prosecutor on the punishment was delivered to the Court.



(2) if the Court delivered the proposal passed the detainee a suspect, the judge

It shall be heard within 24 hours as the accused, in particular to the circumstances of the

the detention binding, and the reasons for that fact, be deemed to

common ground, and whether it agrees that such facts were not in the main

version dokazovány. Depending on the nature of things either issues a decision, which may

issue outside of the main version, or the accused delivers the summons to the main

version, which may, with the consent of the accused held immediately after its

the questioning. At the same time decide on custody and the taking into custody of the accused,

that's a defense attorney has not yet appointed him, nor he was appointed (section 179b paragraph.

2), allow him to choose a defence counsel within the time limit (section 38), and if

to do so, he shall appoint a defence counsel (art. 39 (1)).



(3) if the suspect was not apprehended, single judge pursuant to the Protocol of the hearing

the suspect shall examine whether it is necessary to summon the accused to the hearing or

It is possible to order the trial immediately. ".



Paragraphs 1 and 2 shall be renumbered as paragraphs 4 and 5.



226. In section 314c paragraph 1 reads:



"(1) the Judge and the prosecution proposal to provisionally not punished,

examine, however, of the factors referred to in section 181, paragraph. 1 and § 186. According to the

the results of the review of the single judge



and make some of the decisions) listed in § 188, paragraph. 1 (a). and (f))),



(b)) can stop the prosecution, if the circumstances referred to in section 172

paragraph. 2, or



(c)) are not subject to the conditions specified in § 179a paragraph. 1 for the venue

the simplified procedure, the proposal for punishment. ".



227. In paragraph 314c. 2 the first sentence with the number "191" is replaced by
"195" and in the second sentence, the words "Decides to" shall be replaced by the single judge

"the single judge may decide".



228. In the second subparagraph of section 314c. 4, the second sentence shall be replaced by the sentence:



"Against a decision on conditional cessation of criminal prosecution or

approval of the settlement can bring such a complaint also accused and

corrupted. ".



229. In section 314c, the following paragraph 5 is added:



"(5) the legal power of the decision to reject the proposal for punishment according to the

paragraph 1 (b). (c)), the case returns to the preliminary proceedings and the State

the representative shall order an investigation to take place. ".



230. In section 314d for the paragraph 1, the following paragraph 2 is added:



"(2) When the main version in simplified proceedings shall be heard by a single judge

the accused; on the reading of the Protocol on the questioning of the suspect (section 179b paragraph.

3) is used to section 207, paragraph. 2 by analogy. Then may decide to forgo

proving those facts which the parties have identified a common ground and with

regard to other established facts there is no serious reason for these

the declarations. With the agreement of the parties can read the official

an explanation of the records of persons and perform other operations (section 158, paragraph 3 and

5).".



Paragraph 2 becomes paragraph 3.



231. Article 314e paragraph 1 reads:



"(1) a judge may, without consideration of the case in the main proceedings to issue criminal

command, if the facts are reliably demonstrated with

evidence, even in simplified proceedings instituted after the shortened preparatory

control. ".



232. Article 314e paragraph. 2 (a). at the end of a), the words "with a conditional

the postponement of his performance ".



233. In paragraph § 314e. 2 the dot at the end is replaced by a comma and the following

the letters f and g)) are added:



"(f)), the expulsion of up to five years,



(g)) the prohibition of stay within five years. ".



234. In section paragraph 314f. 1 letters e) and (f)):



"e) statement on compensation (§ § 228 and 229, paragraph. 1 and 2), if the

be entitled to a replacement properly applied (section 43, paragraph 3)



f) guidance on the right to resistance, including a warning that in case, when

the accused resistance, surrendering the right to hear the case in the main

version. ".



235. In section 314g at the end of paragraph 1, the following sentence shall be added:



"After receipt of the criminal can command the person specifically resistance

give up. ".



236. the following section is inserted after section 314g sixth title, including:



"The sixth Section



Proceedings after the annulment of the decision finding the Constitutional Court



§ 314h



(1) After receipt of the award of the Constitutional Court, which cancelled the decision of the

body active in criminal proceedings or its part, continues this authority

in this stage of the proceedings, which immediately preceding release cancelled

the decision, unless the law or the Constitutional Court find otherwise. In doing so,

It is bound by the legal opinion, which expressed in the matter of the Constitutional Court, and is

required to perform tasks and the addition of the Constitutional Court

He ordered.



(2) the provisions of paragraph 1 shall apply mutatis mutandis, if the Constitutional Court

finding banned any authority acting in criminal proceedings, to

continued violations of constitutionally guaranteed fundamental right or

freedom, and ordered him to, if possible, to restore the State before the

their violation.



§ 314i



If the finding of the Constitutional Court cancelled the decision of the Authority participating in the

criminal proceedings only in favour of the accused,



and legal power) time since the original decision on the merits to the delivery

the finding of the Constitutional Court to the limitation period,



(b)) in the new management cannot change the decision against;

in the case of other decisions, the provisions of section 150 shall apply mutatis mutandis,



(c) interfere with his death) implementation of further proceedings and criminal prosecution cannot be

stop because the accused has died.



§ 314j



If the Constitutional Court set aside the judgment, only as regards a

of the offences for which he was legitimately saved a cumulative or aggregate

the sentence, the competent court shall immediately after the delivery of the award in the public

meeting of the judgment of the appropriate penalty for the remaining crimes.



§ 314k



(1) if the accused the sentence of imprisonment imposed him

judgment, the Court shall decide without delay after receipt of the award

The Constitutional Court, which was canceled about this sentence, about custody. When

It shall proceed in accordance with section 67 and 68.



(2) if the decision of the Constitutional Court cancelled results

the competent law enforcement authority upon receipt of the award,

unless otherwise provided by law or otherwise, of the Constitutional Court finding about stopping or

the interruption of its performance, or take other appropriate measures. "



237. In Section 322, paragraph. 1 the words "If the imprisonment endangered the life of

or health of the convicted person "shall be replaced by the words" if medical reports

submitted by prisoners or on-demand with his consent implies that the

imprisonment endangered his life or health ".



238. In paragraph 325. 1 the word "disease" shall be replaced by the word "disease".



239. In paragraph 327. 2 the words "disease or incurable disease"

replaced by the words "diseases or incurable diseases."



240. Section 329:



"§ 329



(1) in cases where it is with regard to the nature of the restrictions imposed, and

How to control the behavior of the convicted person must be conditionally send the President of the

the Senate immediately after the judgment imposing a sentence of imprisonment,

whose performance was conditionally suspended, his copy of the probation officer to

exercise control over the conduct of the convicted person and the observance of the stored

the restrictions. At the same time, it asks that in regular terms, that

at the same time, provides him a message about the way of life of the convicted person, and in the

If they found out the reasons for the regulation of the enforcement of the sentence to make it immediately

the Court announced. Control over the behaviour of the convicted person and compliance

imposed restrictions may be based on the request addressed to the district

the Court, in whose district the person resides, works or resides,

to perform probation official active outside the perimeter of the Court, in a case decided

in the first instance.



(2) If the President of the Senate of the nepověří performance control of probation

an official at regular dates, no later than once every six

months, figuring out whether a conditionally sentenced leads an orderly way of life and

complies with the restrictions that have been imposed by the judgment.



(3) an Association of citizens employed on the work of the convicted person or his

residence can request the Chairman Senate educational interaction, if

It has offered a guarantee for the re-education of the convicted person. ".



241. In paragraph 330. 1 the second sentence reads as follows:



"In the public meetings of the Court and of leaving conditional sentencing

in force under section 60, paragraph. 1 of the criminal law. ".



242. In section 330a paragraph 1 reads:



"(1) if the decision was made to conditional sentencing to prison sentence

freedom with the supervision of the Court after the judgment the measure shall instruct

probation officer, in whose district the person has residence or

the workplace, in order to monitor his behavior and compliance with the imposed restrictions and

obligations as laid down by a special law. Depending on the nature of things

ask about the interplay between public authorities, citizens ' associations and interest

other authorities, institutions and persons. In the exercise of supervision cannot be conditionally

inmates save other obligations than those resulting from the Act or

from conviction. ".



243. Article 331, paragraph 2 reads:



"(2) a conditional release may also suggest an Association of citizens,

offer a guarantee for the completion of the axles of the convicted person. Agree-if

with the condemned, the Professional Association of citizens before submitting a proposal to the

conditional release request the Director of the prison, which carries a penalty,

to indicate the status of the re-education of the convicted person. ".



244. In section 331, the following paragraph 5 is added:



"(5) If a decision was taken on conditional release for the current

voicing the supervision of prisoners or if the Court has decided on the suspension

the release of the convicted person and at the same time obliged him to reasonable restrictions or

reasonable obligations to lead an orderly life, shall be used

on the procedure for the exercise of supervision and control the behavior of the convicted person to reasonably

the provisions of section 330a paragraph. 1. ".



245. In section 333, paragraph 1 reads:



"(1) a decision under section 331 is the District Court in whose district the punishment

the deprivation of liberty. If this does not prevent important reasons, it should be about

a proposal or a request to decide not later than 30 days from their delivery

of the Court. Decision pursuant to section 332 is a court that the convicted person from punishment

conditionally discharged. ".



246. In section 336, paragraph. 2 the last sentence as follows:



"At the same time instruct the convicted person of his obligation to appear in 14 days from the

notification of this decision to the local authority or institution which has

generally beneficial work to perform, to discuss the conditions of performance

punishment. ".



247. In section 336, the following paragraph 3 is added:



"(3) of the regulation, the enforcement of a sentence of community work, the Court shall inform the

probation officer who carries out the control over performance of this punishment;

probation officer in the performance of the checks in conjunction with the

the competent municipal authority or institutions, which are generally beneficial

work performed. ".



248. In section 337 of the first sentence, after the words "the Office", the words "or

institutions for which they are to be generally beneficial work performed ".



249. § 338:



"§ 338
(1) if the Court considers the educational interaction interest citizens Association

to be beneficial, it shall proceed mutatis mutandis under section 329.



(2) the municipal authorities and public benefit institution shall communicate its requirements to the

the execution of works of general interest to the District Court, in whose district they have

be generally beneficial work carried out. At the same time they are obliged to communicate to him the

any substantial change regarding that request, that the Court should

a continuous overview of the need for such work.



(3) when obtaining requirements to perform community service work

suitable for prisoners and sentence of community work

the probation officer (sect. 27b) works with communities and with generally beneficial

institutions and carried out operations leading to the accused led the orderly

life. ".



250. Article 339, paragraph. 1 the words "convicted is flawed by reason of a disease which he

in the sentence "shall be replaced by the words" prevent of medical reports

submitted by prisoners or on-demand with his consent implies that, in the

as a result of the transitional health deterioration of the person is not able to

sentence ".



251. In paragraph § 340b. 1 the words "District Office" shall be replaced by the words

"the municipal authority or institution for which they are to be generally beneficial work

enforced probation officer ".



252. In § 345, the words "the authority which, in accordance with special regulations implementing

the punishment of confiscation of property, "shall be replaced by the words" organizational folder State

by a special Act that is the responsibility of the management of the property of the State ".



253. In § 346 paragraph. 1 the first sentence, the words "by the competent authority, that

carried out the punishment of confiscation of property, "shall be replaced by the words" organizational folder

State, under a special Act is the responsibility of the management of the property of the

of the State ".



254. In § 346 paragraph. 3, the words "the authority which, in accordance with special regulations

carried out the punishment of confiscation of property "shall be replaced by the words" organizational folder

State, under a special Act is the responsibility of the management of the property of the

the State ".



255. In paragraph 348. 2 the first sentence, the words "by the competent authority,

which according to special regulations implementing the decision on the collateral, or the

the request ".



256. Section 349 is amended new section 349a and 349b which are added:



"section 349a



(1) the Court or the public prosecutor, who decided to ensure the assets, without

the delay shall ensure that, under a special rule of who

Code keeps track of the owners or holders of the things to which the reinsurance

applies, and the District Office in whose district the person was last

residence; If there is no last known place of residence of the accused or is abroad,

the district shall inform the authority in whose area the property of the accused.

At the same time is inviting him to immediately announce, if it finds that with things,

to which the collateral relates, shall be treated, that threatens to thwart or

making the performance penalty of confiscation of property.



(2) if the decision regarding the securing of assets to cash

on the account or securities, the Court or the prosecutor referred to in paragraph

1 decide on their collateral pursuant to Section 79a to 79c.



(3) there is a danger that with a single secured valuable things or

the file will be treated so that it will be thwarted or compromised performance

the penalty of confiscation of property, the Court or the prosecutor referred to in paragraph

1 invite whoever has such a thing or set of things to each other, to their

the issue under section 78 or under section 79 shall order their withdrawal.



§ 349b



The performance penalty of forfeiture of things



A copy of the judgment, which was ratified by the penalty of forfeiture of things, the Chairman shall send the

Senate organizational folder State, under a special law, it is for the

the management of the property of the State. If the thing to which the penalty relates

forfeiture of things, assured the President of the Senate shall take measures to ensure that

such organizational folder State. ".



257. the following section is inserted after section 350e 350f, which reads as follows:



"§ 350f



(1) if the person Was taken into custody or expulsion if the punishment

deprivation of liberty, shall ensure that his departure from the territory of the Czech Republic

The police of the Czech Republic, which, after consultation with the Chairman of the Senate of the convicted person

in the prison.



(2) the costs associated with the performance of the expulsion, if the convicted person does not pay, with

the exception of the costs of custody, shall be borne by the police of the Czech Republic. ".



The existing section 350f is referred to as § 350 g.



258. under section 350 g the following new section 350h, including title:



"§ 350h



The abandonment of the performance penalty of expulsion



(1) the enforcement of a sentence of expulsion or the rest of the Court shall refrain, if

After the publication of the judgment, which was the penalty saved, there

the fact, for which the penalty of expulsion cannot be saved.



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

suspensory effect. ".



259. Section 351:



"§ 351



Enforcement of protective treatment



(1) the performance of the President of the Chamber shall order the protective healing healthcare

the device, in which the protective treatment done. However, if the

protective treatment was stored next to the unconditional imprisonment

and in the prison are to exercise such treatment given the conditions, the President may

the Senate requires that the treatment was performed during the execution of a

the deprivation of liberty.



(2) If a person, which has imposed protective treatment, while at the

dangerous for freedom of their surroundings, the President of the Chamber shall promptly

its delivery to a medical facility; otherwise, it can provide

reasonable time limit for obtaining its affairs.



(3) if it is a member of the armed forces or armed corps of the active

the service, President of the Chamber shall request the competent Commander or Chief, to

He arranged his transportation to a medical facility.



(4) the President of the Chamber shall request the medical facility, to the Court,

that protective treatment order when it was with the performance of the protective treatment

started. At the same time asks the medical equipment to the District Court, in

the place where the protective healing exercises, filed a report without delay,

If, as the reasons for the duration of the protective treatment.



(5) to Regulation performance of protective treatment of President of the Senate for the needs of

medical device connects expert opinion, a copy of the Protocol on the

questioning of experts or a copy of the medical report on health status

the convicted person, if in the course of criminal proceedings have been provided with. ".



260. In § 351a is the word "medical" replaced by the word "health".



261. In section 353, the words "treatment of the Institute" shall be replaced by the words

"medical device".



262. section 358, including the title:



"§ 358



Exercise prevents things



The performance will prevent things reasonably used § 349b. ".



263. In paragraph 361. 1, the first sentence is deleted the text "investigator".



264. In section 362, paragraph 3 reads:



"(3) if the Court decides on the approval of the settlement, the President of the Senate

shall ensure that the amount of money lodged to the beneficial purposes was

returned to the defendant. ".



265. In § 362, the following paragraph 5 is added:



"(5) in the preliminary proceedings, makes the acts referred to in paragraphs 1 to 3 of the place

the Chairman of the Senate State representative. ".



266. In section 375 the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) if in this title speaks of a foreign State or a Court of a foreign

State means according to the nature of the matter to the International Court or also

the Tribunal appointed on the basis of the announced international treaties, which is

Czech Republic tied. "



267. In section 377, paragraph. 1 the words "be transmitted to the President of the Senate,"

replaced by the words "will give the Court, whose President of the Senate."



268. In section 377, the following paragraph 3 is added:



"(3) The proceedings referred to in paragraph 2 shall be used mutatis mutandis to section 67 to 74.".



269. In section 379, the following paragraph 4 is added:



"(4) where it is given by reason of the binding, the State Prosecutor or at his command

the police authority to detain the person for whose release. To the contrary from the State

representative on the basis of the investigation, the release of such persons from the

the detention shall not later than 48 hours from detention to cast

the regional court for custody. When the detention is otherwise

shall proceed pursuant to section 76, paragraph. 3 and 6 analogy. ".



270. § 380 including title:



"§ 380



The decision of the Court of



(1) after the end of the preliminary investigation, decides on a proposal from the Prosecutor

in the public meetings of the District Court in whose district the person whose release

It has residence or been caught, whether the issue is permissible.

Say that the issue is not permitted, and the person whose release it is

in custody, decides at the same time of its release.



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

suspensory effect. If the decision to release the person, whose extradition

regards, from custody, the Prosecutor's complaint has suspensive effect only

then, if the complaint is lodged immediately after the announcement of the decision.



(3) After the decision referred to in paragraph 1, the President of the Senate

the regional court shall refer the matter to the Ministry of Justice. If the Minister

doubts about the correctness of the decision of the Justice of the Court, may,

submit to the Supreme Court for review. ".



271. § 381 including title:



"§ 381



Extradition binding



(1) If the facts found to justify the concern of the escape of the person, of the

the issue goes, the President of the Chamber of the regional court on the proposal
the Prosecutor conducting the preliminary investigation to decide on its

taking into custody.



(2) it was decided that the issue of going abroad is permitted, the regional

the Court of the person whose release goes, into custody, unless it has already done so

President of the Chamber referred to in paragraph 1. The grounds for detention under section 67 is not

While bound.



(3) before deciding on custody, President of the Chamber of the regional court must

the person, whose extradition it, listen to it. This person has the right to require

When questioning her attorney was present, if it is reached in the

the time limit in which you need to decide. The time limit referred to in the title of the fourth, in which

It is necessary to decide on the custody of detainees or arrested persons, and this person

the decision on custody, notify, mutatis mutandis, also apply to the procedure for extradition

custody.



(4) the President of the Chamber of the regional court decides on a proposal from the person whose

the issue goes, or even without a draft, about her release from custody, if no

the reasons for which the person referred to in paragraph 1 has been taken into custody,

If it has not yet decided on the admissibility of extradition to foreign countries in accordance with

of paragraph 2. To release such person from custody shall decide the President of the Senate

the regional court also if the preliminary investigation pursuant to section 379, paragraph.

1 was initiated without a request of a foreign State for extradition and the application has not been

The Czech Republic received within 40 days from the date of detention. The release of the

the links in this case does not preclude the new custody, if the request for

the issue occurs.



(5) Against the resolution, which was referred to in paragraph 1 of the decision on taking into

links, and against the resolution, which referred to in paragraph 4 was the person whose

the issue goes, released from custody, or which was her request for release

from the binding is rejected, you can lodge a complaint, which has, with the exception of the decision on

detention has suspensive effect.



(6) the Minister of Justice may order the release of the person, whose extradition

regards, from custody after his case was presented by the § 380, paragraph. 3.

The release of the President of the Chamber shall ensure that a regional court, which in the case

decider. ".



272. In section 382a, in paragraph 1, the words "listed", the words "in the

arrest warrant and later ", the words" may submit a "are replaced by the

the word "submit", and in paragraph 4, the following paragraph 5 is added:



"(5) there is a risk of escape of the person, whose extradition it can state

Representative, and then, what is the matter be referred to the Ministry of Justice,

the Minister of Justice in summary proceedings during the vydávacího

taking the person into custody. On the management of such a proposal shall be

§ 381 paragraph 1(b) shall be used. 3. ".



273. In section 383a on the end of the following sentence shall be added:



"If famous for the international treaty, which the Czech Republic is bound,

allows direct contact the judicial authorities concerning the taking over of criminal

the prosecution, shall decide on the taking over of criminal prosecution, the public prosecutor's Office

that would be in the case was competent to exercise supervision over the observance of the

legality in preliminary proceedings. ".



274. In section 383b the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) if the accused in the State, which shall be forwarded to the criminal

the prosecution, shall decide on the transfer, the Court and, in preliminary proceedings, the State

representative. ".



275. In section 384, the following paragraph 4 is added:



"(4) If, on the basis of the request was passed to the Czech Republic

implementation of the Criminal Procedure Act, the person who has to be based on the

renowned international treaties, which the Czech Republic is bound, or

the reservation of a foreign State to be kept in custody, shall decide on the custody

on the proposal of the President of the Senate, the public prosecutor of the regional court, in whose

the perimeter of the Act is to be performed, which is the subject of the request. On the management of the

be used, mutatis mutandis, to section 379, paragraph. 4 and § 381 paragraph. 3 and 5. ".



276. In section 384a, the words "Prosecutor" shall be replaced by the words

"the Prosecutor of the Supreme Public Prosecutor's Office", the existing text

shall become paragraph 1 and the following paragraphs 2 and 3 shall be added:



"(2) If, according to renowned international treaty, which is the Czech

Republic, lies in the enforcement of the judgment of a foreign court takeover

supervision and control of the inmates, who is at large, without Czech

at the same time, the Republic took the commitment to ensure the performance of the sentence

or the rest of the decision on the recognition of the decision of a foreign court in

This range instead of the Supreme Court of the District Court in whose district the

the person resides and which will provide supervision and control.



(3) Against the resolution referred to in paragraph 2 is admissible a complaint, which has

suspensory effect. ".



277. section 384c:



"§ 384c



(1) prior to a decision pursuant to section 384a, the Supreme Court may, on the basis of the request

foreign State ceded the Ministry of Justice or even without such

applications to decide on the withdrawal of a person convicted by a judgment of a foreign

the Court, whose recognition is, into custody, if such person is

on the territory of the Czech Republic. The grounds for detention under section 67 is not the highest

the Court is bound.



(2) the convicted person whose foreign State on the basis of the decision on the recognition of

the judgment of a foreign court to imprisonment,

take on the authorities of the prison service. Within 24 hours from delivery shall decide

the judge of the Court referred to in section 384d paragraph. 1 about his detention, and

the grounds for detention under section 67 is not bound. ".



278. In § 384d, the current text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) in the Czech Republic to carry out the sentence in a higher area than the

the law admits, if so provided by an international agreement, which is

Czech Republic tied. "



279. under section 384d shall be added to § 384e:



"§ 384e



(1) the person who handed the foreign State for the execution of the judgment of the foreign

the Court is obliged to replace the State a lump sum cost that State in

connection with his passing he had incurred.



(2) a flat-rate amount referred to in paragraph 1 shall lay down by Decree

The Ministry of Justice.



(3) on the obligation to pay the costs referred to in paragraph 1 shall decide the President of the

the Senate of the Court referred to in section 384d after the judgment, which was

decided on the performance of a judgment of a foreign court.



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

suspensory effect. ".



The present section is renumbered as section 384e 384f.



280. the following section is inserted after section 384f sixth title, including:



"The sixth Section



Pass judgment abroad



§ 384g



(1) If a convicted person who has by a final judgment of the Court

The Czech Republic, a sentence or its remainder, is located on the territory of the

of a foreign State, and has not been issued, the Czech Republic, this State may request the

to the judgment of its court was carried out on its territory under conditions that

establishes the international treaty, which committed to the Czech Republic and the State, on the

the territory of which the person is located, or in the absence of such

the international treaty under the conditions laid down by national

law of the State in whose territory the person is located.



(2) at the request of the Court of Justice Department verifies the conditions under which

the foreign State may take over the enforcement of the judgment of the Court of the Czech Republic. ".



281. In paragraph 388. 1 the words "paragraph. 1. "



Article II



Final and transitional provisions to part the first



1. jurisdiction to control in cases in which the indictment was filed before

the effectiveness of this law, shall be assessed in accordance with the rules in force so far; It

does not apply to other proceedings in such a case, if the Court considers it efficiency

This Act has been finally returned to the Prosecutor to the DGA has conducted.



2. Criminal proceedings initiated prior to the effect of this law has the same

effects, such as criminal prosecutions initiated under this Act.



3. an officer of the Court of Protokolujícím is an employee with at least one year

practice in protokolaci, which was composed by professional examination provided for in

protokolujícího the official designated by the Ministry of Justice.



4. In cases where the binding began before the effective date of this Act,

start to run the periods within which you must decide on the custody,

up to the date of application of this Act; This is without prejudice to the provisions of

the permitted duration of custody.



5. From carrying out acts of criminal proceedings is excluded by the judge, if he was

in the present case, active as an investigator.



6. the complaint for violation of the Act, the Minister of Justice may submit for

conditions laid down in the criminal procedure against the final decision

investigators made before the date of effectiveness of this Act.



7. The Ministry of Justice shall determine by Decree the amount of remuneration for the professional

the observations made at the request of law enforcement authorities.



8. Power to the criminal investigations, members of the police of the Czech

of the Republic and the members of the security information service (article 161, paragraph 3, and

4, § 179a paragraph. 3) in cases where the prosecution was initiated prior to the

effective date of this Act, shall be governed by the existing legislation.



Article. (III)



Cancellation provisions



Regulation of the Government No. 464/1991 Coll., on the establishment of the lowest monthly

wages for the purposes of criminal law.



PART THE SECOND



cancelled



Article IV



cancelled



PART THE THIRD



cancelled



Article. In



cancelled



Article VI



cancelled



PART THE FOURTH



The change of the Customs Act



Article. (VII)



Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 35/1993 Coll.
Act No. 113/1997 Coll., Act No. 63/2000 Coll. and Act No. 257/2000 Coll.,

is amended as follows:



1. In section 11 (1). 3 (b). and the words ") § 37a to 37f" shall be replaced by "section

37A to 37 c. "



2. In the title the third part of the third including title and footnote No. 6b),

6 c, 6 d)) and the 6e):



"PART OF THE THIRD



PERMISSION TO USE OPERATIONAL FUNDS



§ 37a



(1) for the performance of tasks arising from international treaties ^ 6b) is a service

Quest entitled to use operational funds for the implementation of the supervision

over those about which there are serious grounds for believing that they are breaching

or have breached customs legislation of the other Contracting Party.



(2) operational funds may be used only if the

violation of customs rules in the event that it occurred in the territory of the

It has been examined under the criminal law) as deliberate ^ 6 c offence.



§ 37b



(1) Operational resources for the purposes of this Act, means the monitoring

persons and goods, the use of persons acting in favour of the customs administration,

the use of cover documents and use bottom set and security

techniques.



(2) the Sealed documents for the purposes of this Act, means the instrument and

objects used to secrecy the real identity of the person. The cover document

the card may not be members of Parliament or a Senator, a member of the Government, Member of the

Supreme Audit Office or the Governor of the Czech National Bank and the

a business card of the Prosecutor or the judge, a diplomatic passport or

proof living or deceased person.



(3) the covering document issued by the Ministry of Interior on the basis of the decision of the

the Minister.



§ 37 c



(1) the implementation of the surveillance referred to in section 37a shall not prejudice the rights and obligations of the

the Customs authorities arising from the provisions of the criminal proceedings. ^ 6 d)



(2) the use of operational funds must be monitored by a different purpose,

than that which is set out in the relevant international treaty; ^ 6b) the rights and

freedom of persons can be restricted only to the extent absolutely necessary.



(3) the Customs authorities are obliged to ensure the protection of operational

resources, as well as information obtained in carrying out supervision under section

37A from disclosure and misuse.



§ 37 d



(1) Control the use of interception and recording of telecommunications and

the use of tracking people and things by a special Act and control 6e) ^ ^

the use of tracking people and goods shall be exercised by the Chamber of Deputies, which

this purpose, the supervisory authority shall be set up. The inspection body shall consist of five

members of the Committee designated by the Chamber of Deputies.



(2) the Minister shall submit to the supervisory body at least twice a year and

at its request, any information required for the use of funds by

of paragraph 1.



(3) members of the supervisory body are obliged to maintain secrecy

the classified information, which learned in connection with the performance of

This function. This provision is without prejudice to the provisions on the protection of

classified information.



6B) such as agreement between the Government of the Czech Republic and the Government of the State of Israel

on mutual assistance in customs matters, published under no. 228/1998 Coll.

Europe Agreement establishing an association between the Czech Republic, on the one

part, and the European communities and their Member States, of the

the second, published under no. 7/1995 Sb.



6 c) Act No. 140/1961 Coll., the criminal code, as amended.



6 d) section 158 to 158f Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended.



6E) § and § 158d, paragraph 88. 3 of the criminal procedure code. ".



PART THE FIFTH



cancelled



Article. (VIII)



cancelled



PART SIX



The amendment to the law on Ombudsman



Article. (IX)



Act No. 349/1999 Coll., on the public Ombudsman, is hereby amended as follows:



1. In article 1 (1). 2 the word "on" is replaced by "and if there is no further

unless otherwise specified, "and the word" equipment "shall be replaced by the words" further on

the device ".



2. In article 1 (1). 3 the words "to investigators, the police of the Czech Republic"

replaced by the words "on authorities active in criminal proceedings".



PART SEVEN



The amendment of the law on misdemeanors



Article. X



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 370/2000 Coll., the finding of the Constitutional Court No 52/2001 Coll., Act

No. 164/2001 Coll. and Act No. 254/2001 Coll., is hereby amended as follows:



1. the following section is inserted after section 47 47a, which including the title:



"section 47a



Offences cross explanation



(1) the Offence is committed by one who as the person submitting an explanation of

a crime committed by another before the body active in criminal proceedings

intentionally



and indicate the circumstances of untruth), which has a significant importance for the

the decision, or



(b) the length of such a circumstance).



(2) for the offence referred to in paragraph 1 may be to impose a fine in the amount of 50 000

CZK. ".



2. In section 50, paragraph. 1 (a). and the words "), if the damage does not reach the amount

the lowest monthly salary set by law, "including note 3 c)

footnote No. 3 c) shall be deleted.



3. In section 50, paragraph. 2 the amount of "$" is replaced by "15 000 Czk.



PART EIGHT



cancelled



OR (XI)



cancelled



PART NINE



Amendment to Act No. 175/1990 Coll.



Article. XII



In the article. (IV) Act No. 175/1990 Coll. amending and supplementing the criminal

the law, section 2 shall be deleted.



PART TEN



FOR THE PUBLICATION OF THE FULL TEXT OF LAWS



Article. XIII



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 140/1961 Coll., the criminal code, as is apparent from subsequent laws

and the findings of the Constitutional Court, and Act No. 141/1961 Coll., on criminal proceedings

the Court (code of criminal procedure), as is apparent from subsequent laws and awards

The Constitutional Court.



PART ELEVEN



The EFFECTIVENESS of the



Article. XIV



This law shall enter into force on 1 January 2005. January 1, 2002.



Klaus r.



Havel in r.



Zeman in r.