Dated 10 November 1993
Amending and supplementing Law no. 141/1961 Coll., On Criminal Procedure
(Criminal Procedure) Act no. 21/1992 Coll., The Banking Act, and the Act no.
335 / 1991 Coll., on courts and judges
Change: 8/1995 Coll.
Change: 6/2002 Coll.
Parliament has passed this Act of the Czech Republic:
Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
Act no. 57/1965 Coll., Act no. 58/1968 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., Law no. 178 / 1990 Coll., Act no. 303/1990
Coll., Act no. 558/1991 Coll., the Czech national Council Act no. 25/1993 Coll. and
Act no. 115/1993 Coll., is amended as follows:
First § 2 para. 5 reads:
"(5) The criminal justice act so that was detected
facts of the case about which no reasonable doubt, and to the extent
which is necessary for their decision. Without explaining the draft party
as carefully circumstances testifying in favor and against the accused
. the confessions of the accused does not relieve the criminal justice
obligation to examine all the circumstances of the case. ".
Second In § 2 para. 7 deleting 'to the fullest extent. "
Third In § 2 para. 10 first sentence deleted the word "broadly".
Fourth In § 2 para. 14 with the following sentence: "Law enforcement agencies
conduct the proceedings and write their decisions in the Czech language.".
Fifth The heading of § 7 reads: "Cooperation of state bodies, individuals and legal entities
6th In § 8. 1, the first sentence reads: "State authorities, legal and natural persons are obliged
without undue delay and, unless special
prescription and otherwise comply with letters rogatory without payment of bodies involved in criminal proceedings
the performance of their tasks. ".
7th § 8 paragraph 2 and 3 added:
"(2) The data, which are otherwise subject to banking secrecy and control
about crime tax evasion or other similar offense data obtained
tax proceedings may require the pre-trial judge, with the consent || | prosecutor. In proceedings before the court may require such information
President of the Chamber.
(3) The provisions of paragraphs 1 and 2 shall not affect the obligation of the state and economic
state secrets or duty imposed or recognized | || secrecy. ".
8th In § 10 paragraph. 2, "a statement may be requested
statement of the Minister of Justice, this statement is for all authorities involved in criminal proceedings
binding" is replaced by "decide on the proposal of the person concerned
the prosecutor or the court of the supreme court. "
9th In § 11 para. 2 first sentence, the words' a) or b) "is replaced by" a)
b) or h). "
10th In § 12 para. 1, the word "search" is replaced with the word "police".
11th § 12 para. 2 reads:
(2) The police authorities shall be those of the Police of the Czech Republic.
Same position is applied in proceedings concerning crimes committed by members of the armed forces and
authorized bodies of the Military Police and the management of
crimes committed by members of the Prison Service of the Czech Republic in charge of this service
| || 12. In § 12 para. 3 deleting 'perimeter military court
higher military court. "
13th in § 12 para. 4 of the first sentence is deleted the phrase" and the
individual provisions provide otherwise, a military perimeter
court "and the second sentence, the words" and unless the individual provisions
does something else, and higher military court. "
14th in § 12 paragraph. 5 are deleted the phrase "and the individual
provisions provide otherwise, a military perimeter prosecutor" and
words "and unless the individual provisions provide otherwise, a higher
military prosecutor." | ||
15th § 12 para. 10 reads:
"(10) the criminal proceedings shall mean proceedings under this Act, a criminal prosecution, then
management section of the initiation of criminal proceedings until the legal || | a judgment, decision or any other law enforcement authority
substantive proceedings and preliminary proceedings, from the start of criminal prosecution
, possibly from the execution of urgent or unrepeatable acts
(§ 160 paragraph. 1, 2) indictment, transfer the case, interrupt or stop
prosecution before filing charges. ".
16th § 12 para. 11 reads:
"(11) If the accused continues in the conduct for which he is prosecuted, even after
Charges, judged such behavior from this operation as a new
17th in § 13, deleted the word" military circuit courts, higher
military courts ". | ||
18th § 14 and 15, including the heading of § 14 are discharged.
19th in § 20 paragraph 3 is deleted
20. In § 26 shall be marked paragraph 1, before the word
"court" shall be inserted after the word "district" and adds a new paragraph 2, which reads
"(2) the court in which the prosecutor filed a motion pursuant to paragraph 1 shall
becomes competent to perform the acts preparatory court throughout the proceedings
unless there is a transfer of the case because of the nationality of another state
prosecutor from outside the perimeter of the court. ".
21 . § 30. 1 reads:
"(1) for the execution of criminal proceedings is excluded
judge or juror, prosecutor, investigator and police authority with which they can
have doubts that for the ratio of the case or the parties concerned to act
directly affected, to their lawyers, legal guardians and
agents, or relationship to another authority law enforcement
can decide impartially. Actions that were taken
excluded persons can not be the basis for decisions in criminal proceedings. ".
22nd in § 30 paragraph. 2, first sentence, the word" search "is replaced by
'police . "
23rd § 31 reads:
" § 31
(1) on the exclusion for reasons specified in § 30 of the authority, which
those reasons relate to, even without a petition. The disqualification of a judge or assessor
if the decisions in the Senate, the Senate decides.
(2) The decision referred to in paragraph 1 shall be admissible complaint.
(3) The complaints, the authority immediately superior authority, which issued the contested decision
24th in § 32, the words" against the accused only then, if it was against him || | indicted (§ 163), or he was accused (§ 169) "
replaced by" only then, if he accused (§ 160). "
25th in § 33 paragraph . 1 reference in brackets in the fifth sentence reads: "(§ 165)."
26th in § 35 para. 1 second sentence reads: "For the individual acts of criminal
procedure, except in proceedings before the regional court as a court of first
stage before the High court and the supreme court, the advocate may give
represented clerk. ".
27th in § 36a paragraph. 1 point. b) the word" nineteenth "
replaced by the word" eighteen ".
28th in § 36a paragraph. 2 point. c) the word" nineteenth "
replaced by the word" eighteen ".
29th in § 40 of the last sentence, "the waiver decision" shall be
words "duties of defending releases".
30th in § 41 paragraph. 2 deleting 'and search. "
31st In § 45 para. 2 first sentence, the words "may the exercise of such rights
injured appoint" be replaced by "constitutes the exercise of the rights
32nd In § 53 par. 1, first sentence, the word "search" is replaced by
"police" and the second sentence, the word "search" is replaced by
"police" and deleted the words "where appropriate letters rogatory military
court or the military prosecutor. "
33rd In § 53 paragraph 3 is deleted
34th In § 55 paragraph. 1 point. c) at the end the following words: "and also accused
address you indicate for service (§ 62, 63)."
35th In § 55 after paragraph 1 the following paragraph 2 is added:
"(2) If there is a witness or a person close to him in connection with the filing
testimony apparently bodily harm or other serious hazards, name and surname
witness and other personal data from the logs, | || but lead separately from the criminal file and may require them
just criminal justice. witness learns about the right to sign
record of the interview fictitious name and surname under which it is then fed
. If the reasons for the separate management of personal data witness
connect these data to the criminal case. ".
Paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5.
36th In § 59 para. 1, second sentence, the word "telegraph"
inserted after the word "fax".
37th In § 60 par. 4 point. a) the word "search" is replaced by
38th In § 62 paragraph. 1 at the end the following sentence: "If the addressee
accused, delivered his address, which for the purpose stated (§ 55 paragraph
. 1 point. C))." .
39th In § 62 paragraph. 2, after the word "authority" the following words: "
or municipal authority."
40th In § 62 paragraph. 4, first sentence reads: "If there is such a person, consignment stores and
addressee appropriate information, where it can be picked up
41st In § 63 para. 1 point. c) the word "search" is replaced by
42nd § 63 para. 2 and 3 added:
"(2) If the addressee of the consignment to be delivered to
own hands, caught, consignment stores and addressee in an appropriate manner inform
where you can pick it up. Unless the addressee
shipment within three days after the deposit, the last day of this period
day of delivery even if the addressee did not learn about the deposit, although the place of delivery delays
(3) Save the delivery of the consignment under paragraph 2 may not be served if
a) the accused indictment, judgment, penal orders, or subpoenas
trial or a public session
b) another document, if a presiding judge, prosecutor or investigator
orders for important reasons. ".
43rd In § 64 para. 2, the word "search" is replaced with the word "police".
44th In § 65 par. 1 last sentence, the word "search" is replaced
45th § 65 par. 2 reads:
"(2) In pre-trial the prosecutor, investigator or police authority
right to inspect files, along with other rights
referred to in paragraph 1 of serious reasons to refuse. Seriousness of their reasons
where these rights are denied by an investigator or police authority
at the request of the person to whom the refusal relates to the state attorney shall promptly review
. these rights can not be denied to the accused and his lawyer once they have been advised of the possibility
permeate writings. ".
46th In § 65 par. 3, last sentence, the words "resolution on the accusation
(§ 163), or the record of the communication charges (§ 169)" is replaced
"record of communication charges (§ 160 par. 1) ".
47th In § 66 para. 1, the word "search" is replaced by
"police", the word "search" is replaced with the word "police" and
words "2,000 crowns" are replaced by "50,000 CZK".
48th In § 68, the first sentence reads: "Taking into custody may only person that was accused
49th In § 69 par. 5 at the end the following sentence ''
accused has the right to require that defense counsel was present during his interrogation when in that period
50th § 71 reads:
(1) criminal justice are obliged to process the binding things
preferably with as speedily as possible.
(2) Binding may take a pre-trial and court proceedings only
necessary time. If the pretrial detention exceeded
six months and the release of the accused could be thwarted
achieve the purpose of criminal proceedings, the public prosecutor may
of further detention to one year and ordered by the judge over this period ,
however, up to two years, may decide Senate.
(3) Binding of the trial combined with custody during pre
not last longer than two years. If it was not possible for the complexity of the case or other serious reasons
prosecution in this period to finish and release the accused
risk of being spoiled or significantly hampered
achieve the purpose of criminal proceedings may be of further detention on
absolutely necessary period of time to decide supreme court.
(4) Increasing detention under paragraphs 2 and 3 can only be so carried
bond and the period for which the extended detention, did not exceed three years,
in extremely serious crimes ^ 1) four years .
(5) The proposal to extend the deadline referred to in paragraph 3 gives the proceedings before the court of
presiding judge in preliminary proceedings Prosecutor.
(6) The proposal to extend the deadline referred to in paragraphs 2 and 3 must be delivered
court no later than 15 days before the expiry of that period.
If the proposal is presented in this manner, the presiding judge in preliminary proceedings
prosecutor to release the accused
later than the day after the deadline for which was limited in custody.
(7) Subject to paragraph 3, the Prosecutor
obliged to file a motion for extension of custody in the manner specified in paragraph 6
even if in less than 15 days before the deadline detention
(8) The periods referred to in paragraphs 2 and 3 shall be counted from the time when the
Arrest or detention of the accused, or if not preceded by arrest or detention
, since it was based on a custody decision to limit
personal liberty of the accused. When the case back to the prosecutor for further investigation
running period referred to in paragraph 2 from the date the file was delivered
(9) The duration of custody has been decided under § 275 par. 3 or
§ 287 shall be assessed separately and independently from custody in the main proceedings. ".
Footnote . 1) reads:
"1) § 41 paragraph. 2 of the criminal Code.".
51st in § 72 para. 1 first sentence, the word "last" joined the || | words: "whether or not changed."
52nd in § 73 para. 1 point.), the words "investigators or search
body" is replaced by "or investigators."
| || 53rd in § 73a paragraph. 1, "composed by the accused bail and the court of
or judge accepts it (paragraph 2)" is replaced by "adopts composite
bail whose amount is determined."
54th in § 73a paragraph. 2, "CSK to one million crowns" are replaced by "the amount of CZK
55th in § 73a paragraph. 3 point. a) the word "investigator or search
body" is replaced by "or investigators."
56th in § 73a paragraph 5 shall be deleted
57th § 74 including the title reads:
Complaints against the decision on custody
(1) A decision on custody (§ 68, 69, 72, 73, 73a), with the exception
decision on its prolongation (§ 71 para. 2, 5) is acceptable
(2) The suspensive effect has only complaint with the public prosecutor against
decision to release the accused from custody (§ 72, 73, 73a) and
party complaint against the decision on the escheat of the bail (§ 73a).
However, if the public prosecutor at the announcement of such decisions present
his complaint has suspensive effect only if the request was immediately after the announcement of the decision
; in the case of release from custody after publication
acquittal, the prosecutor has a complaint suspensive effect
only be filed if prosecutors also appeal against the judgment. ".
58th in § 74a paragraph. 3 deleting 'and 74', and attaches this
phrase: "against the decision under paragraph 1 is admissible complaint.".
59th in § 75 of title deleting 'or search authority "and
in the first sentence the words" or search institution. "
60th in § 76 par. 1 first sentence reads:" a person suspected of committing a crime may
if given some of the reasons for custody (§ 67)
investigator in urgent cases, although it has not yet been officially charged
(§ 160 par. 1). ".
61st § 76 par. 2, 3 and 4 are added:
"(2) Personal liberty of a person who was caught committing a crime or
immediately afterwards may be restricted by anybody if it is necessary to establish
her identity, to prevent escape or to secure evidence.
Is not obligated to transfer that person to immediately investigator or police authority;
Members of the armed forces may also transmit the nearest department
armed forces or administrators crew. If no such person immediately
pass, you need one of these authorities restrictions on personal freedom
without delay report.
(3) An investigator who carried out the arrest, a detainee interrogation
hear and draw up a report, which marks the place, date and specific circumstances
detention, stating the personal data of the detainees, as well as substantial grounds
(4) An investigator who carried out the arrest or who has been in accordance with paragraph 2
handed person caught committing a crime, to release her immediately
freedom if it is suspected or scattered
reasons for detention of another causes fall. If it releases a detainee
freedom, shall transmit to the prosecutor of the Protocol of interrogation
record of the communication charges (§ 160), and other evidence such that
prosecutors or may file a petition for custody . Draft
investigator must submit without delay so that the person detained under this Act
could be brought before a court within 24 hours of that
detention; otherwise he must be released. ".
62nd in § 76 par. 5," even against her was not indicted (§
163), nor was communicated allegations (§ 169) "replaced by"
had not yet been notified of the allegations (§ 160). ".
63rd in § 76 par. 6, the numeral" 4 "is replaced by the number" 3 ".
64. In § 77 par. 1 last sentence reads: "The application connects
yet obtained evidence.".
65th In § 77 par. 2, first sentence, the word "dismiss it" shall be replaced
"decide to release" at the end of this paragraph shall be added
phrase: "Exceeding the 24 hours from receipt of the proposal to the prosecutor || | remand in custody is always a reason for the decision to release the accused on
66th In § 78 para. 1, first sentence, the word "search
replaced with the word" police. "
67th in § 78 para. 3, the word" search "is replaced with the word" police. "
| || 68th in § 79 para. 1, first sentence, the word "search" is replaced by
"police" and the second sentence, the word "search" is replaced by
69 . In § 79 par. 3 of the word "search" is replaced by
70th in § 80 paragraph. 1 last sentence is deleted the word "court" and at the end of paragraph
They connect these sentences: "If a person has a right thing,
her through repeated call is not transferred, the matter will be sold and the amount for her
stripped will be deposited into escrow court. For sale are used accordingly
provision on judicial sale of seized movables.. "
71st in § 80 paragraph. 3 first sentence, the word" search "is replaced by
" police. "|| |
72nd in § 81 paragraph. 4 of the first sentence, the word "search" is replaced by
73rd Division four title reads:
Search and seizure, inspection of other premises and land
entry into dwellings, other buildings and land. "
74th § 82 para. 1 and 2, including the title added:
| || '§ 82
Reasons house searches and personal searches and inspections of other premises and land
(1) A tour can be done if it is reasonable suspicion that
in an apartment or other premises used for housing or in premises belonging to them
(dwelling) is a thing or a person is important for criminal proceedings .
(2) For the reasons set out in paragraph 1 may be taken even explore space
not used for living (other areas) and the land, if they are publicly accessible
75th in § 83 paragraph. 2 deleting 'or search institution. "
76th § 83a including the heading reads:
" § 83a
Warrant for other premises and land
(1) Direct search of other premises or property is entitled
President of the Chamber, in pre-trial prosecutor, investigator or police authority
. Investigator or police body needs the prior consent
prosecutor. The warrant must be issued in writing and must be justified
. Delivered to the user of the premises or land
and if not available during the search, immediately after removal of barriers
that prevents delivery.
(2) other premises or land makes body that
ordered, or to the order of the police authority.
(3) No order or consent referred to in paragraph 1 may
investigator or police authority to inspect other premises and land
only if the order or consent can not be obtained in advance and
matter brooks no delay. This act must immediately inform the authority
which is an order or consent referred to in paragraph 1
77th § 83b Sec. 1 reads:
|| | "(1) Direct personal examination is entitled to the presiding judge and the
pre-trial proceedings, the prosecutor or with his consent
investigator or police authority.".
78th in § 83b paragraph. 4 sentence first deleting 'or search institution
79th § 83c including the title reads:
" § 83c
Entry into private homes, other premises and land
(1) An investigator or police authority may enter the dwelling or other
space to land only if emergencies and input
there is necessary to protect the life or health of persons or to protect
other rights and freedoms or to avert a serious threat to public safety and order
(2) Likewise, the places specified in paragraph 1 shall enter in case
has been issued an arrest warrant or order to be demonstrated or in order to
delivery to the imprisonment of the person staying there.
(3) After entering the sites mentioned above shall not be made any other
acts than those which serve to remove or urgent danger to the people
80th § 84 including heading reads:
House search or personal inspection or search of other premises and land
possible only after former questioning the bearer or
Whom should such an act to be done, only if the questioning
did not reach the issue of voluntary searches of the case or removing
another reason that led to this action. Previous interrogation is not necessary if
emergencies and interrogation can not be done immediately. ".
81st heading of § 85 reads:" Performance of inspections and entry into a dwelling, other premises and land
82nd § 85 para. 5 reads:
"(5) Upon entering into a dwelling, other premises and land is used
provisions of paragraphs 1 to 4 appropriately. Participation of persons referred to in paragraph 1
at the entrance to the residence, however, can deny a person referred to in paragraph 2 without gaining, if
could endanger her life or health. ".
83rd in § 85a paragraph. 1, after the word "space" following words: "and
84th under § 85a is inserted § 85b, including the heading reads:
Of evidence in an apartment dwelling, other premises and land
The provisions of § 83, 83a, 84, 85a and is used even if the places in
those provisions referred to the need to carry out reconstruction, recognition
or investigative experiment, the nature of this act shows that it can not
done elsewhere, and one with whom to carry out such an act, it did not
85th § 86 including the title reads:
" § 86 | ||
(1) If the clarification of facts relevant for criminal proceedings to be
determine the content of undelivered telegrams, letters or other consignments
come from the accused or addressed to him, and ordered the presiding judge in
preliminary proceedings to the public prosecutor, the judge, to the post
or undertaking carrying out their transport and issued him in pre-trial proceedings
either the prosecutor or investigator or police authority
(2) No regulation referred to in paragraph 1 may be delayed transport shipments
click prosecutor, investigator or police authority
if emergencies and regulation can not be obtained in advance.
If no post office or enterprise performing transport of consignments in such a case
within three days consent of a judge referred to in paragraph 1 shall not post or transport of consignments
venture further delay. ".
86th § 87. 1 reads:
"(1) Shipment issued pursuant to § 86 par. 1 may be opened only by the presiding judge
a pre-trial judge with the consent of the prosecutor, investigator or police authority
. . "
87th § 88 including the title reads:
" Interception and recording of telecommunications
(1) If criminal proceedings related to a particularly serious deliberate offense
or another deliberate crime, for the prosecution committed renowned
international treaty, the presiding judge in preliminary proceedings on
the public prosecutor, judge to order the interception and recording of telecommunications traffic
if it is reasonable to assume that they will
disclose facts relevant for criminal proceedings. Using
interception and recording of telecommunications traffic between the defense counsel and the accused is inadmissible
(2) An order for interception and recording of telecommunications traffic
must be issued in writing and justified. At the same time there must be a defined time period during which the
interception and recording is carried out and which may not be longer than six months
. This time, the judge may extend for a period of a further six months
. The issuance of the order concerning the duration of the interception and recording
must be informed of the organization that handles traffic
telecommunications network, in whose district the interception and recording done.
Interception and recording of telecommunication operations carried out by the police authority.
(3) No order under paragraph 1, the criminal justice
allow the interception and recording of telecommunications, or to transpose it
himself, even if criminal proceedings for the offense
not mentioned in paragraph 1, if the party interception station
(4) To be a recording of telecommunications used as evidence
is necessary to join the protocol with the data on place, time, manner and content carried
record, as well as the person who alert .
Other entries must be marked reliably store and Protocol
to file noting where they are stored. In another criminal case,
than the one in which the interception and recording of telecommunications
done, you can use the record as evidence if the simultaneously in this
Things being prosecuted for the offense referred to in paragraph 1
agrees or if the party interception station.
(5) If during the interception and recording were found
facts relevant for criminal proceedings, it is necessary to destroy the records in the prescribed manner. ".
88th § 89 para. 1 reads:
| || "(1) the prosecution is the necessary extent necessary to demonstrate in particular:
A) that it became deed, which is regarded as a criminal offense,
B) if the act committed by the accused, or from what motives
C) the relevant circumstances affecting the assessment of the danger of the act,
D) the relevant circumstances to assess the personal circumstances of the offender,
E) the relevant circumstances allow determination of the aftermath and the amount of damage caused
F) the circumstances that led to the crime or allowed the commission of
89. In § 89 par. 2 at the end the following sentence:" The fact that
not request proof of criminal justice, but submitted it
one of the parties does not constitute grounds for rejection of such evidence. ".
90. in § 90 par. 3, first sentence reads:" the demonstration is necessary
ask the competent police authority. ".
91. § 91 para. 1 reads:
" (1) Before the first hearing is necessary to establish the identity of the accused, ask him
his family, property and income situation and
previous punishments objastnit him the nature of the charge and
instruct him about his rights. Contents of instruction should be noted in the protocol. If you can not
identity of the accused immediately determine it is necessary to log on his
interrogation join such evidence that this person could be confused with another
92. § 92 . 1 reads:
"(1) the interrogation of the accused is held so as to provide as complete as possible and
clear picture of the facts important for criminal proceedings.
Accused must in no way compelled to make a statement or confession.
During interrogation is necessary to save his personality. ".
93rd in § 99 para. 2, after the word" saved "the following words:" or
|| | 94th in § 99 par. 3 at the end the following sentence: "
also apply to testimony about the facts constituting
95th in § 101, paragraph . 1 first sentence, the word "interrogation"
inserted after the words "or the possibility of the procedure according to § 55 paragraph. 2".
96th under § 101, § 101a inserted which reads:
If the investigator finds no reason to write a report on the interrogation method
referred to in § 55 paragraph. 2, although a witness seeks and provides specific
fact that, according to him such a manner that a complete record
warrant, investigator referring the matter to the prosecutor to review the correctness of the procedure
investigators. There is no danger of default,
postpone examination of the witness until prosecutors take action. In
Otherwise, the witness heard, and to adopt measures
state representative protocol handles so that the identity of the witness is not
97th in § 105 para. 1 first sentence the words "body active in criminal proceedings
" the words "and during the trial the presiding judge" and
end of the paragraph the following sentence: "the state authority shall provide the authorities
law enforcement expert opinion without consideration. ".
98th in § 106 at the end of the period is replaced by a semicolon and the following
words:" it shall also apply to experts who filed a report on the basis
request by some parties § 89 para. 2. '.
99th in § 108 paragraph. 3 deleting' search authority. "
100th § 110 paragraph. 1 reads:
| || "(1) in exceptional, especially difficult cases requiring
special scientific assessment, the investigator or prosecutor
and during the trial the presiding judge to decide on enlistment
state authority or state institution to issue an opinion
or review report submitted by an expert. ".
One hundred and first In § 110 connects paragraph 3 is added:
"(3) The decision referred to in paragraph 1 shall be admissible complaint.".
102nd In § 119 para. 2, the word "search" is replaced by
103rd § 120 para. 1 point. d) reads:
"D) justification, unless the law provides otherwise, a".
104th In § 120 para. 2 last sentence, the words "
person subject to the jurisdiction of military courts" is replaced by "members of the armed forces or armed
105th § 125 reads:
If the judgment contains reasoning, the court in it briefly lays out that
actually took as proven by the evidence and its findings of fact
back and what considerations are conducted in the evaluation of the evidence presented, especially if
contradict each other . The statement of reasons must be seen as
court dealt with the defense, why the proposals failed to perform
such further evidence and legal considerations are conducted when assessing
proven fact in accordance with relevant provisions of the law on the question of guilt
and punishment. If the judgment were conceived in other statements, they must also justify
106th § 127 paragraph. 4 reads:
" (4) The assessor vote before the judges. Associate judges and younger
vote before the elders. Chairman of the Senate vote last time. ".
107th heading of § 131 reads:" Repair copy and copy of the verdict. "
108th in § 131 paragraph. 1, first sentence, the words" copy of the judgment "
following words:" and its copies. "
109th § 132 is deleted.
110th § 134 paragraph. 1 point. d) reads:
| || 'd) justification, unless the law provides otherwise, a ".
111th in § 134 connects paragraph 3 is added:
" (3) In the enforcement proceedings, the court may first Instance prepare
simplified resolution if after its publication in a public meeting
accused or other authorized person and the prosecutor gave up
rights complaint. Quick resolution no justification. ".
112th in § 141 para. 2, first sentence, the word" search "is replaced
word" police. "
113th § 146 par. 1 reads:
"(1) the body against which the complaint is directed resolution, it can satisfy itself, affect
If modifying the original resolution rights of another party
criminal proceedings. If it is a resolution of the investigator or police authority that
was issued with the prior consent of the prosecutor or his
instructs the investigator or police authority alone
complaints satisfied only with the prior consent of the prosecutor. ". | ||
114th in § 146 par. 2 point.), the word "search" is replaced by
"police" and in c) deleting '
presiding judge of the military court superior peripheral higher military court "and
words" or a higher military court. "
115th in § 151 paragraph. 2," lawyer tariff "is replaced
" special regulation ^ 2). "
Note no. 2) The footnote reads:
"2) The Ministry of justice of the Czech Republic no. 270/1990
Coll. on lawyers' fees and commercial lawyers for provision of legal aid
as amended. ".
116th Headline second part reads: 'a criminal investigation."
117th existing provisions of § 157 shall be renumbered 1, the word
"search "before the word" police "and joins
paragraph 2, which reads:
"(2) The public prosecutor is entitled to impose investigators and police
authority to carry out such acts that these authorities are authorized
conduct and which is needed to clarify the case or to identify the perpetrators.
Has the same permissions i investigator in relation to the police. ".
118th In § 158 paragraph. 1, the word "search" is replaced by
"police" and the words "no later than one month from the notification"
replaced by "and if the notifier requests, within one month || | notice it. "
119th § 158 paragraph. 2 reads:
"(2) The investigator and police authority are obliged to take all
measures to detect crimes and identify their perpetrators;
are also obliged to do the necessary measures to prevent crime.".
120th § 158 paragraph. 3 reads:
"(3) To examine the notice evidencing the fact that he was
committed a crime, and the other to sift prosecution procure
investigator and police have the necessary documents and necessary explanations
, identify and provide traces of the crime, the investigator performs tasks
under this provision in respect of offenses for which the law provides for punishment
imprisonment, the maximum limit over three years.
legal assessment of the crime investigator for the police authority
121st In § 158, after paragraph 3 the following paragraph 4 is added:
"(4) of an explanation, not being exigent or unrepeatable act
official written record. This record serves
prosecutor and the accused to consider that a person who
Such explanations are filed, he was heard as a witness, and the court to decide whether such evidence
done. Recording can not be in court
used as evidence. If the person who gave the explanation later interrogated as a witness or as an accused
, it can not be raised the record. ".
Former paragraph 4 becomes paragraph 5.
122 . In § 159 paragraph. 1, 2 and 3, the word "search" is replaced by
123rd § 159 paragraph. 4 reads:
"(4) investigator or police authority postpones thing also where the
failed to establish facts justifying the initiation of criminal prosecution (§
160). If the reasons for postponement prosecution starts. ".
124th in § 159 connects paragraph 5 is added:
" (5) Resolution to postpone the matter must be delivered to the victim if
I know that against him can file a complaint. Resolution on the postponement of things
accordance with paragraphs 2 to 4 must be delivered within 48 hours to the prosecutor.
Notifier to postpone things inform, if so under § 158 paragraph. 1
125th § 160 reads:
" § 160
(1) if the facts established that the crime was committed
offense and is sufficiently justified the conclusion that it was committed by a person, the investigator immediately begin
prosecution if there is reason to | || proceeding under § 159 paragraph. 2 and 3. Criminal prosecutions initiated by this person
later than the beginning of the initial interrogation told that it prosecutes such
accused, and make a record of it. The record must contain a description of the act
so that it can not be confused with another, the legal designation of the offense,
who is in this act is considered and the reasons for which the accused is prosecuted
. A copy of the record investigator accused and delivered within 48 hours
sends it to the prosecutor and defense counsel.
(2) If you can not bring a prosecution under paragraph 1 because the person
which can be accused of is not yet known and it is not yet possible to tell
charges may investigator or police authority to perform || | manner specified in Chapter Four and fifth
only urgent or unrepeatable acts. A copy of the protocol of such acts be sent within 48 hours
prosecutor. This procedure does not absolve the police authority duties
immediately refer the matter to investigators, there is a reason to tell a person
charges, and investigators obligation to notify the person to be prosecuted
, charges in accordance with paragraph 1
(3) An investigator or police authority makes the necessary urgent or unrepeatable acts
investigator and prosecute if it can not reach
that these acts carried out by the competent authority and no later than three days after their
execution refer the matter to the authority, which continues
(4) urgent act in accordance with paragraphs 2 and 3, such an act, which
due to the danger of his frustration, destruction or loss of
tolerate regard to the purpose of criminal proceedings grace period before being initiated criminal
prosecution. Unrepeatable act in accordance with paragraphs 2 and 3 is such
act that can not be done before the court.
(5) Should it during the investigation revealed that the accused committed further
deed, which is not included in the record of the charges, proceed
about this act in the manner specified in paragraph 1
(6) Should it during the investigation revealed that the offense for which he was accused
is a different offense than what was on the record about the allegations
communication law, it notifies the investigator || | accused and make a record of it in the report. ".
126th § 161 including the title reads:
" § 161
(1) Investigation held by police investigators.
(2) The investigation may take place and the captain of the ship on a long voyage of
crimes committed on this ship. ".
127th § 163 including the title above are deleted.
|| | 128th § 163a paragraph. 1 reads:
"(1) criminal prosecution for crimes of violence against a group of people
against individuals pursuant to § 197a, defamation under § 206, failure to provide assistance under
§ 207 and 208, damaging another person's rights under § 209
bodily injury under § 221, 223 and 224, threatening sexual diseases under § 226
restriction of personal freedoms under § 231 paragraph. 1, extortion under § 235
paragraph. 1, violation of domestic freedom under § 238 paragraph. 1, theft by
§ 247, embezzlement under § 248, the unauthorized use of another's property under §
249, fraud under § 250, shareholdings pursuant to § 251 and 252, usury under §
253, concealment matter under § 254, breach of the duty to administer another
property under § 255, damaging creditors under § 256
damaging foreign matter under § 257 of the criminal Code against whoever is in relation to
injured person to whom it was damaged as a witness the right to refuse testimony
(§ 100 paragraph. 2), and prosecution for the crime of rape
§ 241 paragraph. 1 against a person who is, or at the time the crime was related to the victim
husband or partner, as well as for the offense of drunkenness
according to § 201a of the criminal Code, if otherwise shows signs
factual nature of any of these crimes can be initiated and already
prosecution initiated proceed only with the consent of the victim.
If damaged several one act is sufficient agreement
if only one of them. ".
129th in § 163a paragraph. 3 first sentence, the word" search "is replaced by the word
130th § 164 including the title reads:
(1) An investigator investigation takes place usually in person. Acts that were
conducted prior to indictment, and the acts carried out on the instructions of the investigator
police authorities and after the investigator does not need to repeat
have been performed accordingly to the corresponding provisions of this Act.
The provisions of § 158 paragraph. 3 and 4, when investigative measures used
(2) An investigator proceed with the investigation on its own initiative, so that
as quickly as possible to the required extent
clarified all facts relevant to the assessment of the case, including the offender and
aftermath of the offense (§ 89 paragraph . 1).
(3) Evidence provides the investigator, regardless of whether this evidence
inculpatory or exculpatory. The accused may not be any way to
statement or confess. The defense of the accused and his proposed
evidence, if not entirely insignificant, must be carefully examined.
(4) An investigator may allow the accused to participate in the investigation
acts and ask questions of witnesses interrogated
(5) Except where it is under this Act requires the consent of the state
deputy, investigator makes all the decisions about the progress of the investigation and
about investigative acts independently and is fully responsible for their
legal and timely embodiment. Deny fulfill the instruction of the state
deputy investigator may only if it considers that the instruction is not
accordance with the law; If it takes a prosecutor on his instruction, submit the matter to the prosecutor
immediately higher level, which instructs
either canceled orders or thing to another investigator. ".
131st in § 165 paragraph. 1 first sentence, the word "raise" is replaced by
132nd in § 165 paragraph. 2 "would be a pressing task"
replaced by "can not perform a task postponed and notification advocate
not be ensured. "
133rd § 166 including the title reads:
" § 166
Termination of Investigation
(1) If it please the investigator investigation to be completed and its results
sufficient to bring charges, allowing the accused and defense counsel in a reasonable
time to study the files and make proposals to supplement the investigation.
This option alerts ob viněného and his lawyer at least three days in advance.
The period may, with the consent of the accused and defense counsel to shorten.
If it considers the investigator proposed additions as necessary, reject them. About
such acts investigator will make a record in the file and the rejection of proposals to complete the investigation
inform the accused or defense counsel.
(2) Unused if the accused or defense counsel the opportunity to study the writings, although
her were properly notified, will make about an investigator to record
file and forward, as if this act was committed.
(3) Upon completion of the investigation shall submit an investigator to the prosecutor
case with a recommendation for indictment with a list of proposed evidence and justification
why failed for evidence of other, or
make some decisions under § 171 to 173 ".
134th section three tenth second part (§ 168-170) is deleted.
135th in § 171 paragraph. 1 deleting 'and search prosecutor" .
136th in § 172 paragraph. 1 and 2 are deleted the words "and search
137th in § 172 connects paragraph 4, which reads:
"(4) The prosecution, which was stopped for some reason
referred to in paragraph 2 continues to declare if the accused within three days
since he was a resolution to prosecute announced ,
it takes to hear the case. the fact of the accused must be learned. ".
138th In § 173 paragraph. 1 deleting 'or search institution "in
point d), the comma after the word" expulsion "is replaced by a dot, the word" or "
a letter e) shall be deleted.
139th § 174 para. 2 reads:
"(2) In exercising this supervision the prosecutor is entitled:
a) to issue binding instructions for the investigation of crimes
b) require the investigator or police authority files, documents,
materials and reports on offenses committed for the purpose of checking, whether
investigator initiates timely prosecution and properly it progresses
c) participate in action investigator or police authority, personally
take action or conduct an investigation and issue
decision on any case, proceeding in compliance with the provisions of this Act
for investigators and against the decision is admissible complaint
same extent as against the investigator's decision,
| || d) return a case to investigators instructing them to supplement,
e) interfere illegal or unjustified decisions and measures
investigators and police authority, which may substitute its own; u
resolution on the suspension and interruption prosecution or referral
things they can do so within 30 days of receipt;
if the decision of the investigator and police authority substituted its own decision
otherwise than on the basis of a complaint against the beneficiary resolution
investigator and police authority is admissible against the decision in the complaint
same extent as against the investigators and police
F) to withdraw any case some investigators and take measures to
matter was assigned another investigator. ".
140th in § 175 in the prior paragraph 1 letter. A) deleting 'and
in search and refer the matter again to render the prosecution ", deleted
paragraph 2 shall be deleted and paragraph numbering.
141st in § 176 paragraph. 1 are deleted the words" or search ". | ||
142nd in § 176 paragraph. 2, first sentence, the word "allegations are made (§ 163)
or communicated (§ 169)" is replaced by "accused (§ 160)," and in the last
sentence deleted the words "or search institution" and the words "or
143rd in § 177 point. b) sentence after semicolon, the words "
person subject to the jurisdiction of military courts" shall be replaced the words "members of the armed forces or armed
choir", letter d) reads:
"d) to the defendant's deed stating the evidence on which this
reasoning rests, and a list of evidence, whose design in the trial
suggests, as well as legal considerations, which the prosecutor conducted at
assessment of the facts under the relevant provisions of the Act. ".
Letter e) shall be deleted.
144th § 181 par. 2 reads:
"(2) After the indictment the court nevyčkávaje other proposals proceed
so that management directed towards settlement of the case, including enforcement
145th § 182 reads:
prosecutor may withdraw the indictment back to the days before the Court of First Instance
retires for final deliberation; after the commencement of the trial may
do so only if the accused does not insist on its continuation.
indictment is withdrawn, the case returns to pre-trial proceedings. ".
146th § 184 reads:
court is obliged when discussing things also focus on clarifying
causes that led to the crime or allowed its perpetration.".
147th In § 186 point. c) at the end the following words: "or
circumstances justifying the suspension of criminal prosecution under §
307," and Point f) reads:
"F) that the case is not clarified to the necessary extent of the factors that the court
needs for his decision.".
148th In § 187 par. 1 at the end the following sentence: "If it sees
presiding judge for the court's decision as necessary, orders for interim
hearing, a public meeting.".
149th § 188 paragraph. 1 point. e) and f) are added:
"E) return the case to the prosecutor for further investigation, if it needed to
eliminating serious defects in pre-trial proceedings or to clarify the basic
Facts for the decision, or
F) conditionally stop criminal prosecution under § 307. ".
150th in § 190 paragraph. 1, the comma after the word" clarify "and replaced by a period
words" especially in terms of possible new defense . "are deleted.
151st in § 191 deletes paragraph 3
152nd in § 196 paragraph. 1, the first sentence after the semicolon, the words" if it was a crime
corrupt organizations can deliver a copy of the indictment as well as her "
replaced by" a copy of the indictment can be delivered to the victim if his
stay or residence known. "
153rd in § 197 paragraph. 1 word "court" shall be replaced with the word "Senate".
154th § 200 paragraph. 1 reads:
"(1) During the trial the public may be excluded if it
public hearing jeopardize the secrecy under a special law
ethics or smooth conduct of the proceedings or the safety or other important interest
witnesses; for the same purpose the presiding judge may also do other
adequate measures. The public can also exclude only part of the main
155th in § 201 paragraph. 2, last sentence, the words" national, economic or
secrecy "is replaced by" secret protected | || special law or safety or other important interest
156th in § 202 paragraph. 2 point. b) the words" comply with the provisions of
raise (§ 163) or communication charges (§ 169) and familiarization of the accused
with the results of the investigation (§ 166) or search (§ 169) "
replace the words" has been respected the provisions of the communication charges (§ 160), and the accused was warned
the possibility to examine the file and make suggestions for additions
investigation (§ 166 par. 1). "
157th in § 202 after paragraph 3 a new paragraph 4 is added:
|| | "(4) the first sentence of paragraph 3 is not used, if the accused
ask that the trial was held in his absence.".
158th in § 207 par. 2, first sentence, at the end the following words: "and
questioning if it was executed after being charged
manner corresponding provisions of this Act."
159 aircraft. § 209 reads:
President of the Senate shall take care that the witness was not present yet Unheard
during the interrogation of the accused and other witnesses. If the concern that a witness in the presence of the accused
denounces truth possibly in the case of interrogation
witness, whom the person close to him or brought from the witness may be harmed
health, death or other serious hazards, or a witness whose identity must remain
serious reasons of confidentiality, the chairman Senate
take measures appropriate to ensure safety or the identity of a witness or a defendant
recognized for such questioning of the witness in the courtroom.
after returning to the courtroom, however, the defendant must be familiar with the contents of a witness
may comment on it, and without the witness met him through
may ask the presiding judge and questions. ".
160th § 211 reads:
(1) Instead of questioning a witness in the trial can read the protocol of his testimony
if the court does not consider personal interrogation necessary and
state representative and the accused agree.
(2) the Protocol on co-defendant or witness testimony was also read
when he was questioning if done in a manner corresponding provisions
this Act and such person
a) died or still unaccounted for, for a long stay abroad
unattainable, or suffers from a disease which permanently or for the foreseeable
impossible for her interrogation
b) in the trial refused to testify without authorization or deviates | || in essential points from his earlier testimony.
(3) Protocol on witness testimony, which the trial
exercised his right to refuse to testify under § 100, can be read only on the assumption that || | witness was before the questioning of their right to refuse to testify
properly informed and expressly stated that it does not use this right, if it was questioning
done in a manner corresponding to the provisions of this Act and
accused or defense counsel had the opportunity of hearing to attend.
(4) Instead of questioning the expert can read the protocol of his testimony or his
written opinion, if expert opinion prior to administration instructed by
§ 106, no doubt, and completeness of the report and the prosecutor and the defendant
I agree. ".
161st § 212 is deleted.
162nd § 213 paragraph. 1 reads:
"(1) The studies, reports and other government bodies and other documents which are performed
evidence at the trial read and allow them
consult the parties and, if necessary, as witnesses and experts. ".
163rd In § 215 the following paragraph 2 is added:
"(2) The public prosecutor, the accused and his lawyer may request that they be allowed to carry
examination of the witness. Presiding judge will comply
particularly if the witness had been summoned to their design.".
Existing paragraph 2 shall be renumbered third
164th In § 219 para. 2 second sentence deleted the word "if
adjournment of the trial time has passed."
165th In § 220, paragraph 3 shall be deleted; paragraph 4 is renumbered as paragraph 3.
166th § 227 reads:
If the prosecution was halted as a result of a pardon, amnesty
, limitation or because the consent of the injured to criminal prosecution
not given or has been withdrawn, or from any
reasons specified in § 172 paragraph. 2 and proceedings continued only because
defendant insisted on a hearing (§ 11 para. 2, § 172 par. 4),
court neshledá- If no other reason for the acquittal of the accused, namely
expresses guilt, punishment not be saved. ".
167th § 241 is deleted.
168th In § 242, paragraph 2 shall be deleted; paragraph 3 is renumbered as paragraph 2
169. In § 243, paragraph 2 shall be deleted and deleted paragraph numbering.
170th § 259 paragraph. 3 and 4 are added:
"(3) Decide itself the ruling in the Court of Appeal only if
possible to make a new decision on the basis of facts, which was
contested judgment correctly identified and, where appropriate, evidence made before
court of appeal added. the disadvantage of the accused the court of appeal
amend the judgment under appeal only to an appeal by the prosecutor,
which was filed to the detriment of the accused, the verdict on compensation
may do so also on an appeal by the victim,
which filed a claim for damages.
(4) the appellate court can not itself
a) that the accused is guilty deed, which has been contested judgment
| || b) that the accused is guilty of more serious crime than what he could in the contested judgment
found to be guilty first instance court (§ 225 paragraph. 2). ".
171st In § 260, last sentence, the words "§ 191" the following words: "and
§ 264 paragraph. 2".
172nd § 263 paragraph. 2 reads:
"(2) The participation of the prosecutor at the public session is mandatory.".
173rd In § 264 paragraph. 2, "to be a defendant in a new management
imposed stricter punishment than what was imposed on him annulled by the judgment" shall be
words "new management may change the decision to his detriment."
174th § 266 paragraph. 1 reads:
"(1) The final decision of the court, prosecutor or investigator
, which the law was violated or that was made on the basis of faulty
management process, the Minister of Justice submitted by
nature of the case in the High Court or the Supreme court
complaint for violation of the law. ".
175th In § 266 paragraph. 6, the words "Attorney General or the Minister"
replaced by the word "Minister".
176th In § 266a paragraph. 1, first sentence is deleted the word "peripheral
military court or a higher military court" and the words "
investigator or search institution" is replaced by "or investigators."
177 cells. In § 272 deleting 'or Attorney General. "
178th In § 273, the first sentence reads: "If the Supreme Court stated that the law was violated
against the accused, not the new management
cause a change in the decision to his detriment.".
179th In § 274, the full stop at the end is replaced by a semicolon and the following words
'decision under § 268 paragraph. 1 can also be done in closed session
180th In § 275 par. 4, first sentence reads: "The Minister of Justice may
defer or suspend enforcement of the judgment against which filed a complaint for
violation of the law, pending a decision on that complaint.".
181st In § 276, last sentence is deleted, the words "Attorney General or
182nd In § 277, last sentence is deleted, the words "and search".
183rd In § 278, paragraph. 3, "the investigators or search institution"
replaced by "or investigators."
184th In § 278 paragraph. 4 the word "search" is replaced by
185th In § 281, the words "the investigator or search institution"
replaced by "or investigators."
186th In § 288 paragraph. 1, "the investigators or search institution"
replaced by "or investigators."
187th In § 291, the word "raise" is replaced by "communications".
188th § 301 paragraph. 3 reads:
"(3) The provisions of this section concerning the participation of the authority responsible for the care of youth
are not used in the enforcement proceedings, if the operation takes place after the age of nineteen
189th § 303 reads:
The proceedings against the fugitive criminal prosecution initiated by communicating
advocates that the accused is being prosecuted.".
190th Section Three in the head nineteenth second part including the heading reads:
suspension of criminal proceedings
suspension of criminal proceedings
(1) In proceedings for an offense on which the law provides imprisonment
liberty whose upper limit not exceeding five years, with the consent of the accused
court and pre-trial prosecutor
conditionally stop criminal prosecution if
a) the accused pleaded guilty,
b) any damage if the offense caused, or with damaged its
compensation agreement entered into or taken other necessary measures for its
|| | and given to the offender, having regard to his previous life
and the circumstances of the case such a decision can reasonably be regarded as sufficient
(2) the decision on the suspension of criminal proceedings is determined || | probationary period of six months to two years. the probationary period shall commence legal
power of decision on the suspension of criminal proceedings.
(3) the accused, who closed with a damaged an agreement on reimbursement
damages in the decision on the suspension of criminal proceedings saved
to damage during the trial period replaced.
(4) The accused may also order a probationary respected
reasonable restrictions aimed to lead an orderly life.
(5) The decision on suspension of criminal proceedings may
accused and the injured party to lodge a complaint with suspensory effect.
If the decision on suspension of criminal proceedings the court has the right
also the prosecutor.
(1) If the accused during the trial period led an orderly life, met
obligation to pay damages and met other restrictions imposed
, the authority that the prosecution in the first instance
conditionally halt the proved. Otherwise decides, possibly even
during the probationary period, the prosecution continues.
(2) If within one year of the trial period was not done
decision under paragraph 1, neither the accused was guilty, it is considered
(3) the decision that the accused is proved, or
deadline referred to in paragraph 2, the effects of stopping
prosecution [§ 11 para. 1 point. F)].
(4) The decision referred to in paragraph 1, the accused and the injured
file a complaint with suspensory effect. If you make such a ruling, the court has
this right also to the prosecutor. ".
191st in § 314a paragraph. 1, the words" two years "is replaced by" five years ".
| || 192nd § 314a paragraph. 2 reads:
"(2) the provisions of paragraph 1 but not used, if it is to be saved
summary punishment and the sentence was imposed earlier in the proceedings before the Chamber.". | ||
193rd in § 314c paragraph. 1 point. c) the word "search" is replaced
194th in § 314d paragraph. 2, after the word "appeal" the words "or
declaration stating that they were withdrawing the appeal made within the period which they
single judge determined" deleted semicolon and the word "saved but if
unconditional imprisonment, always prepare a reasoned judgment with
195th Under § 314d, the following new § 314E to 314 grams are added:
" Criminal command
(1) A single judge can not discuss the case at a trial
issue a criminal order, if the facts are reliably substantiated
(2) A criminal court order may impose
A) imprisonment up to one year,
B) disqualification in five years
C) A fine,
(3) Spare imprisonment for a fine not even with
imposed punishment of imprisonment exceeds one year.
(4) The order can not be issued
A) in cases against juveniles if at the time of its release
not reached the age of eighteen,
B) in proceedings against a person who is deprived of legal capacity
or whose legal capacity is limited
C) if it is to be decided on a protective measure,
D) if it is to be stored prior summary punishment and the sentence was imposed
(5) The order has a conviction.
Effects associated with the announcement of the judgment upon the service of a criminal order the accused.
(1) The order contains
A) designation of the court which issued the criminal order,
B) the date and place of issuance of a criminal order,
C) identification of the defendant (§ 120 para. 2)
D) finding of guilt (§ 120, paragraph 3) and imposed a sentence (§ 122 par. 1),
E) statement on compensation for damage (§ 228 and § 229 paragraph. 1, 2) if the right to compensation
properly applied (§ 43 para. 2)
F) instructions on the right to oppose the claim.
(2) The order shall be served on the accused, the prosecutor and the victim
which filed a claim for damages.
Accused was delivered to the (§ 63 para. 1 and 3). If the accused has a lawyer,
deliver a criminal order also to him.
§ 314 g
(1) The accused, persons who are entitled to bring in his favor
appeal, and prosecutors can appeal against the criminal court order.
Opposition shall be submitted to the court which issued the penal order, within eight days of its receipt
. Persons. which may appeal in favor
accused, except the prosecutor period expires on the same date as
accused. If the penal order is delivered to both the accused and his lawyer
, the period starts from the delivery that has been done
later. On the return period is used similarly to § 61
(2) If made against a penal order authorized person within
resistance, criminal order is canceled by a single judge will order the trial
; during a hearing in the trial is not bound by a single judge
legal qualifications or the type and term of punishment included in the criminal
command. Otherwise, the penal order becomes final and enforceable.
(3) If the accused is prosecuted for the offense referred to in § 163a may take
damaged consent to criminal prosecution back to the days before the
criminal order is delivered to one of the persons mentioned in paragraph 1.
the withdrawal of consent to criminal command cancels the single judge and the prosecution
(4) If the criminal order is issued, the prosecutor may take impeachment
back until the criminal order is delivered to one of the persons mentioned in paragraph 1
indictment is withdrawn penal order abolished and the case
by returning to the pre-trial proceedings. ".
196th in § 321 paragraph. 1, first sentence, the words" corrective educational institute "
replaced by the word" prison ".
197 . In § 321 paragraph. 3 at the end with the following sentence: "If the place of residence
convict known to be used to its delivery to the prison
provisions of § 83c paragraph. 2. '.
| || 198th canceled
199th in § 331 paragraph. 1, first sentence, the words "educational institution"
replaced by the word "prison".
200th in § 331 paragraph. 2, second sentence, the words "educational institution"
replaced by the word "prison".
two hundred and first in § 331, after paragraph 2 the following paragraph 3 is added:
'( 3) If proposed parole director of the prison in which
convict serving a sentence, or to join such a proposal.
decisions regarding the fact that the convict was conditionally dismissed, done with the consent of the state
also deputy chairman of the Chamber. ".
existing paragraph 3 shall be renumbered 4. 202
. In § 333 paragraph. 2, the full stop at the end is replaced
connect with these words: "this is not proceed if the court pursuant to § 331 paragraph. 3.".
203rd § 333, paragraph . 3 reads:
"(3) a decision pursuant to § 331 paragraph. 3 is acceptable
complaint against the verdict on determining the length of the trial period.
Against other decisions under § 331 and 332 is admissible complaint which has suspensive effects. ".
204th in § 334 paragraph. 3 first sentence, the words" corrective educational institution 'shall be replaced by
205th § 358 is deleted.
206th § 360 including the title reads:
Terms remand special law. ".
207th in § 361 paragraph. 1, first sentence, the word" search "is replaced by
" police. "
-208. § 364 reads:
(1) The deletion of the conviction decided by the presiding judge of the district court in whose district
condemned at the time of submission of the proposal or has recently had
(2) The deletion of the conviction of a juvenile, the court ruled that
case in the first instance.
(3) The decision on deletion of conviction is admissible complaint that
has suspensive effect. ".
209th in § 366 paragraph. 2 deleting 'or Attorney General." || |
210th § 367 including the title reads:
In the cases referred to in § 366 paragraph. 2 held management and unfounded application
dismissed justice minister. Can also order
A) shall not be initiated prosecution, the prosecution initiated with
discontinued and the accused was released from custody, or
B) execution of the sentence was delayed or suspended until such time as
request for clemency pending. ".
211th in § 380 para. 1 the words" present thing " replaced by "legal
after the decision submit the matter."
212th in § 380 after paragraph 1, the following paragraph 2 is added:
"(2) a decision by paragraph 1 shall be admissible complaint with
suspensive effect. ".
Former paragraph 2 becomes paragraph 3
213th § 389 paragraph. 1 and 2 read: || |
"(1) a decision that will not execute the penalty for an act which in
due to changes in the criminal Code is no longer a criminal offense, making the court
which in the case decided in the first instance.
(2) Decisions that are relatively shortened aggregate or summary
sentence imposed for an offense that due to changes in the Criminal Code is no longer
offense, and another converging offense, making public | || sessions court which decided the case in the first instance. ".
214th § 391a reads:
" § 391a
The Ministry of Justice is empowered to decree issued
rules of procedure for district and regional courts. ".
215th § 391b reads:
" § 391b
The Ministry of Finance is authorized, in agreement with the Ministry of Justice decree
a procedure for the competent authorities to
assurance and management of seized property. ". Article II
Article III Act no. 21/1992 Coll., on banks as follows:
§ 38 par. 3 point. b) reads: || |
"b) enforcement authority in criminal proceedings under the conditions laid down
special law; 9)." Article IV
first provisions of the criminal procedure Code pristine changes
and accessories mentioned in Art. I of this Act, the term "prosecutor" shall be replaced
"prosecutor", the words "prosecutor General's Office" is replaced
"the Supreme Public prosecutor's Office," and the words "Attorney General" is
replaced by "prosecutor".
second to management that the effective date of this Act, the search took place
authority competent investigator; not repeat tasks search
authority if the performed as stipulated by the existing legislation.
3rd If the law provisions on extraordinary appeals in criminal proceedings
talking about the prosecutor or investigator and decision
prosecutor or investigator shall mean i || | prosecutor or search institution and the decision of the Prosecutor or
search authority under existing regulations.
Fourth Decision of a district or regional court under § 266a means well
military decisions peripheral or higher military court
according to current regulations.
Fifth Complaint for violation of the law filed by the Attorney General, on which
the effective date of this Act has not been decided, it is considered
complaint for violation of the law filed by the Minister of Justice.
6th Minister of Justice within three years from the effective date of this Act
instruct the prosecutor's office with complaints
to file a complaint for breach of law in criminal proceedings.
7th District or regional court, which took over the unexpired thing
military perimeter or a higher military court, may continue
adjournment of the trial, when the Senate changed build or not given another
reason for that is otherwise necessary trial repeat again (§ 219, paragraph
8th In criminal matters, the regional court as the court of first instance in
Main trial commenced before the effective date of this Act continues
Chamber, composed of five members according to existing regulations; this does not apply if
under this Act the trial carried out again.
9th The Ministry of Justice is authorized to decree adjust
Prosecution procedure for handling complaints
to file a complaint for breach of law in criminal proceedings.
10th The Ministry of Justice is authorized to decree determine in which cases
entitled to remuneration for complying with a request
bodies active in criminal proceedings and determine the amount.
Chairman of the Chamber of Deputies of the Parliament is empowered to
in the Collection of Laws of the Czech Republic the full wording of the Act no. 141/1961 Coll., On
Criminal Procedure (Criminal Procedure Code), as follows from the later
This Act comes into force on 1 January 1994.