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.
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