Amendment To The Criminal Code And Certain Other Laws

Original Language Title: změna trestního řádu a některých dalších zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=82361&nr=141~2F2014~20Sb.&ft=txt

141/2014 Sb.



LAW



of 19 December 2003. June 2014,



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

(code of criminal procedure), as amended, law No. 40/2009 Coll.,

the criminal code, as amended, and Act No. 418/2007 Coll.

on the criminal liability of legal persons and proceedings against them, as amended by

Law No. 105/Sb.



Parliament has passed the following Act of the United States:



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

amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

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

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

390/2009 Coll., Act No. 45/2013 Coll. and Act No. 105/2013 Coll., is amended

as follows:



1. In article 2 (2). 13, after the words "management period", the words "suitable

way and clearly ".



2. In article 28, the following paragraph 6 is added:



"(6) subject to the conditions referred to in paragraph 1 shall be a person who is

detained or arrested, without undue delay in writing, resolve whether or not

lessons learned about their rights (§ 33 paragraph 6 and section 76, paragraph 5). ".



3. In section 33 is at the end of paragraph 5, the following sentence "the accused, who was

detained or arrested, should be advised of the right to urgent medical

help with a maximum time limit, after which it may be limited to freedom than

It will be handed over to the Court, and the right to inform the consular post and let

a family member or another natural person, for which the data shall be

required to notify, in the case that will be taken into custody. ".



4. In paragraph 33, the following paragraph 6 is added:



"(6) the Body active in criminal proceedings, which carried out the detention or arrest,

passes the accused persons without undue delay in writing the lessons of his rights;

the accused person must be able to read this lesson; the accused has the right to

retain this information to each other all the time limitation or deprivation of

personal freedom. ".



5. in section 70 the first sentence after the word "accused" the words "or

other natural person, for which the accused person shall indicate the information needed to

the notification ".



6. In section 76 para. 5, after the words "§ 33 para. 1 "the words" 5 and 6 ".



PART TWO



Amendment to the criminal code



Article. (II)



Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.,

Act No. 181/2007 Coll., Act No. 330/2007 Coll., Act No. 357/2007 Coll.

Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll.

Act No. 193/2009 Coll., Act No. 360/2012 Coll., Act No. 390/2009 Coll.,

Act No. 399/2012 Coll., Act No. 494/2012 Coll., Act No. 105/Sb.

Act No. 241/2013 Coll. and Constitutional Court declared under no.

259/2013 Coll., is amended as follows:



1. In article 168 paragraph. 1 introductory part of the provisions, and in section 168 paragraph. 2 start

part of the provisions for the word "holds" is inserted after the word "adopt" and

the word "other" is deleted.



2. In article 168 paragraph. 1 and 2 at the beginning of the letter a) and (b)) the following Word

the "other".



3. In paragraph 192, paragraph 1 the following paragraph 2 is added:



"(2) the same shall be punished whoever through information or

communication technology gains access to child pornography. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



4. In section 192 paragraph. 4 of the introductory part of the provisions of § 192 paragraph 2 and. 5 start

part of the provisions, the number "2" is replaced by "3".



5. in paragraph 193, the following new section 193a 193b, including and the headings are added:



"§ 193a



Participation in pornographic performances



Participating in pornographic performances or other similar

performances, in which he performs the child, shall be punished by imprisonment of up to

to two years.



§ 193b



Establishing illegal contacts with the child



Who will propose a meeting of the child who is under 15 years of age in the plan to commit

an offence under § 187 para. 1, § § 192, 193, paragraph 202. 2 or other

sexual offence will be punished with imprisonment of up to

two years. ".



6. In paragraph 405, the words "other crimes of the Nazis and Communists against humanity"

replaced by the words "Nazi, Communist or other crimes against

humanity or war crimes or crimes against peace ".



7. the following section is inserted after section 419 419a, including title and notes

line # 1:



"section 419a



Implementation of European Union law



This law incorporates the relevant provisions of the European Union ^ 1).



1) directive of the European Parliament and of the Council of 2011/36/EU of 5. April

2011 on the prevention of trafficking in human beings, the fight against it, and protecting victims,

which is replaced by Council framework decision 2002/629/JHA.



Directive of the European Parliament and of the Council of 2011/92/EU of 13 July. December

2011 on combating the sexual abuse, sexual exploitation of children

and child pornography, which is replaced by the framework decision of the Council

2004/68/JHA.



European Parliament and Council Directive 2005/60/EC of 26 July 2000. October 2005

on the prevention of the misuse of the financial system for money laundering and the financing of

terrorism.



European Parliament and Council Directive 2008/99/EC of 19 June 2000. November

2008 on the protection of the environment through criminal law.



European Parliament and Council directive 2009/123/EC of 21 June 1999. October

2009 amending Directive 2005/35/EC on ship-source pollution and on

the introduction of penalties for infringements.



Council Directive 2004/81/EC of 29 April 2004. April 2004 on the residence permit for

third-country nationals who are victims of trafficking in human beings

or have been the subject of illegal immigration and who

cooperate with the competent authorities.



European Parliament and Council directive 2009/52/EC of 18 June 2003. June 2009

on minimum standards on sanctions and measures against employers of

illegally staying third-country nationals.



European Parliament and Council Directive 2004/38/EC of 29 April 2004. April 2004

on the right of citizens of the Union and their family members to

move and reside freely within the territory of the Member States, amending Regulation (EEC) No.

1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,

73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. '.



PART THREE



Amendment of the Act on the criminal liability of legal persons and proceedings against them



Article. (III)



In section 7 of Act No. 418/2007 Coll. on criminal liability of legal persons and

the proceedings against them, the words "(article 182 of the Penal Code)"

the words "rape (section 185 of the Criminal Code)", for the words "(§ 193

of the Criminal Code) "with the words" participating in pornographic

Introduction (§ 193a Penal Code), making illicit

contacts with the child (§ 193b criminal code) "and the words" (§ 217

the Penal Code) shall be inserted after the word "usury (§ 218 of the criminal

Code) ".



PART FOUR



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the first calendar month

following the date of its publication.



in from Arvind v. r..



Zeman in r.



Sobotka in r.