Amendment To The Criminal Code And To Amend Certain Other Acts

Original Language Title: změna trestního řádu a změna některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77669&nr=193~2F2012~20Sb.&ft=txt

193/2009 Sb.



LAW



of 26 March. April 2012



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

(code of criminal procedure), as amended, and certain other laws



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. and Constitutional Court declared under no.

43/2009 Coll., is amended as follows:



1. In article 2 (2). 8, the first sentence is replaced by the phrase "criminal proceedings before the

the courts are possible only on the basis of the indictment, the proposal for punishment or

a proposal for approval of the agreement on the Declaration of guilt and acceptance of the punishment (hereinafter referred to as

"the agreement on guilt and punishment"), which are submitted by the public prosecutor. ".



2. In article 12 paragraph 2. 10, the words "transfer to another institution or

stopping criminal prosecution, or to the decision or the emergence of other

the fact that they have effects of stopping criminal prosecution before submitting

the indictment "shall be replaced by" application for approval of the agreement on the guilt and punishment,

referral to another authority, cease prosecution, or to the

decision or the emergence of other matters that have the effects of stopping

criminal prosecution before the indictment, or to another decision

terminating the pre-trial investigation ".



3. In paragraph 22, the word "impeachment", the words ", the proposal on the

the punishment, a proposal for approval of the agreement on the guilt and punishment ".



4. in section 24 para. 1 the first sentence, ' 295 ' is replaced by ' 39 of Act

about the judiciary in matters of youth ", after the word" indictment "shall be inserted after

"the proposal for punishment, a proposal for approval of the agreement on the guilt and punishment," and for the

the words "§ 257 paragraph. 1 (b). and) "with the words" § 314p para. 3

(a). and) ".



5. § 28 para. 2 the first sentence after the word "impeachment", the words ",

the agreement on guilt and sentence, and the proposal for its approval ".



6. in section 30 paragraph 2. 2 the second sentence of § 72 para. 3 the second sentence of § 72a para. 3

sentence of the third paragraph and Section 104a. 7, after the word "indictment" shall be replaced

"the approval of the agreement on the guilt and punishment".



7. in section 30 paragraph 2. 2 at the end of the text of the second sentence, the words "or with the

the agreement has been negotiated on the guilt and punishment ".



8. § 36 odst. 1 (b). (b)), the word "or" is deleted.



9. In paragraph 36, the dot at the end of paragraph 1 shall be replaced by "or", and

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



"(d)) for the negotiation of the agreement on guilt and sentence.".



10. In section 43 paragraph 1 reads:



"(1) a person who has been a criminal offense to harm to health caused by

property damage or non-material damage, or the one on the expense of the

the perpetrator of a crime enriched (damaged), has the right to make a proposal to

additional evidence, inspect the files (article 65), to participate in the negotiation of the

agreement on guilt and punishment, to participate in the trial and the public

the meeting to be held on the appeal or for the approval of guilt and punishment and

before the end of the trial to comment. ".



11. In § 43 para. 3 at the end of the text of the second sentence, the words ";

If the negotiated agreement on guilt and punishment, it is necessary to make the proposal at the latest

When the first negotiations on such an agreement (section 175a (2)) ".



12. At the end of paragraph 46, the following sentence "if proceedings for the criminal

the Act, which can be used to negotiate an agreement on guilt and punishment, it notifies the authorities responsible

in criminal proceedings when the lessons conducted in the preliminary proceedings

the victim, in particular, that may occur to the negotiation of the agreement on the guilt and

punishment and that in this case may make a claim for damages or

non-material damage in monetary terms, or on the issue of unjust enrichment

not later than when the first negotiations for such an agreement. ".



13. in § 64 para. 1 (b). a) after the word "impeachment", the words ",

a proposal for approval of the agreement on the guilt and punishment ".



14. in § 64 para. 5 (b). a) after the word "punishment" the words

"a proposal for approval of the agreement on the guilt and punishment".



15. In paragraph 65, at the end of the text of paragraph 2, the words ", and when

negotiating an agreement on guilt and punishment ".



16. in section 70a para. 1 (b). I) and in § 161 para. 1, after the word "impeachment"

the words ", the proposal on the approval of the agreement on the guilt and punishment".



17. § 72 para. 3 the first sentence, after the words "the accused, that is in the

custody, "the words" or a proposal for approval of the agreement on the guilt and punishment

agreed with the accused who is in custody, ".



18. in section 91 paragraph 2. 1, the first sentence shall be inserted after the phrase "If the proceeding

for the criminal offence for which you can negotiate an agreement on guilt and punishment, must be

the accused in the context of the lessons also alerted to the fact that in the preparatory

the management of the public prosecutor may, in the presence of an advocate to negotiate an agreement

on the guilt and punishment, which the Court approved. The accused should be advised of the

the nature and implications of the agreement on the guilt and punishment, that is

has waived the right to hear the case in the main proceedings and the right to appeal

against the judgment, which the Court approved the agreement on guilt and punishment, with the exception of

in the case where such a judgment is not in accordance with the agreement on guilt and punishment,

with which he agreed (article 245, paragraph 1, second sentence), and the conditions under which

the Court may decide on the claim of the injured party as properly (§ 314r

paragraph. 4).“.



19. in paragraph 120, the following paragraph 4 is added:



"(4) if the Court Approves the agreement on guilt and punishment, is part of the judgment

also, opinion on the approval of the agreement on guilt and sentence. ".



20. In paragraph 125 of paragraph 1. 1 third sentence, the words "especially serious" shall be deleted,

the words "organized groups" with the words ", in conjunction with the

organised by a group of "and the words" or helped prevent the attempted or

dokonání such a crime "shall be deleted.



21. in paragraph 175 paragraph. 1, point (b)) the following new point (c)), which read as follows:



"(c) negotiate with the accused) agreement on guilt and punishment and petition the Court to

its approval ".



Subparagraph (c))) to (i) shall become points (d)) to (j)).



22. under the second head of the tenth section of the fifth section is inserted

the sixth, which including the title reads as follows:



"The sixth Section



The agreement on guilt and punishment



§ 175a



(1) if the results of the investigation demonstrate enough that

the deed has become that this Act is a criminal offence and that it has committed

the accused, prosecutors can start negotiations on an agreement on guilt and punishment

on a proposal from the accused or even without such a proposal. If the State does not

the representative of the proposal accused reason, it shall notify its opinion

the accused, if the accused has a defence counsel, whether or not his.



(2) negotiations on the agreement on guilt and sentence the Prosecutor summons

of the accused; about the time and place of the hearing shall inform the lawyer of the accused and

the victim, who expressly declared that any procedural rights

to him the Bill as the injured party. Damaged at the same time notifies the

the option to apply no later than when the first negotiations on the guilt and

the sentence is entitled to damages or non-material damage in monetary terms, which

was caused by the criminal offence, or to unjust enrichment,

that was on the expense of won.




(3) a condition of the conclusion of the agreement on guilt and sentence is a statement of the accused,

to have committed an offence for which he is prosecuted, if based on the so far

fitted with evidence and other outcomes of the preparatory proceedings are not reasonable grounds for

doubt on the veracity of his statement. The agreement on guilt and punishment

arranged by prosecutors with the accused in the presence of defence counsel.



(4) where the Prosecutor considers that the legal conditions are met for

the imposition of a safeguard measure, it notifies the accused the option procedure

pursuant to § 178 odst. 2 even if there is an agreement on the guilt and

the sentence, which will not be protective measures agreed. Without this

warnings may do pursuant to § 178 odst. 2 only if the reasons for the

the imposition of a safeguard measure came to light only after the submission of the proposal on

approval of the agreement on the guilt and punishment to the Court.



(5) State representative when negotiating an agreement on guilt and punishment is committed also to the

the interests of the injured party. If it is damaged the negotiation of the agreement on the guilt and punishment

present, in particular, to express the extent and manner of compensation for damage or

non-material damage or unjust enrichment. An agreement on the guilt and

the sentence can be arranged even without the presence of the injured party fails to

the negotiations, although it has been duly summoned, fails to appear or to

the hearing and the right to compensation for damages or non-material damage or issuing a

unjust enrichment have already applied or stated that it applied

It will not be. Applied if the sufferer who is not present, the meeting shall be entitled to

damages or non-material damage or unjust

enrichment, the Attorney for the injured party to agree with the accused

on the scope and manner of compensation for damage or non-material damage and editions

unjust enrichment up to the amount of the claim.



(6) the agreement on guilt and sentence contains



and the designation of the public prosecutor) of the accused and the injured party, if it was

present negotiating an agreement on guilt and punishment and with the consent of the scope and

the manner of compensation for damage or non-material damage or unjust

enrichment,



(b)) date and the place of writing,



(c)), for which a description of the offence, the accused is prosecuted, indicating the place, time and

the manner of its perpetration, or other circumstances in which it

There has been, so that it cannot be confused with any other deed,



(d)) indicate a criminal offence which is seen in this deed,

his legal name indicating the relevant provisions of the Act and

all legal characters, including those that justify a criminal

rate,



(e) a statement of the accused, that) has committed an offence for which he is prosecuted and

that is the subject of a negotiated agreement on guilt and punishment,



(f)) in accordance with the criminal code and the type of assessment, the agreed method

enforcement of the sentence, including the length of the probationary period and, in the cases provided for in

the Criminal Code penalty, replacement, or waiving of punishment

and the range of reasonable restrictions and obligations in the event that the criminal

the code allows and that have been agreed; When the agreement concerning the type and area

the sentence will take into consideration as well as to whether the accused crime has earned or

tried to get the property benefits (§ 39 para. 7 of the Penal Code),



g) range and method of compensation for damage or non-material damage and editions

unjust enrichment, it was agreed



h) safeguard measure, coming into his store and if there was

agreed,



even the State Prosecutor) the signature of the accused and the defence counsel and the signature of the injured party,

If the present negotiating an agreement on guilt and punishment and with the consent of

the scope and manner of compensation for damage or non-material damage and editions

of unjust enrichment.



(7) if there is agreement on the guilt and punishment, the Prosecutor her

a copy of the accused, his lawyer delivered and the injured party which filed a

their claims in a timely manner (article 43, paragraph 3). If there is no agreement on the guilt and

the sentence makes about the Prosecutor's entry in the log; in such a

the case of the Declaration of guilt made accused in other proceedings

not taken into account.



(8) the agreement on the guilt and punishment cannot be arranged in a particularly serious

crime and in proceedings against a fugitive.



§ 175b



(1) if there is an agreement on guilt and punishment, the public prosecutor shall submit a

the Court in the scope of the agreement negotiated a proposal for approval of the agreement on the guilt and

the punishment. If no agreement on compensation for the damage or non-material damage or

on the issue of unjust enrichment, the Prosecutor on that fact in the

the application for approval of the agreement on the guilt and punishment the court notifies you.



(2) to the application connects the Prosecutor agreed a deal on the guilt and punishment and

other documents which are relevant to the proceedings and decision. ".



The current sixth and seventh sections are referred to as the seventh and eighth sections.



23. § 178a of paragraph 1. 1 introductory part of the provisions, the words "especially serious"

shall be deleted.



24. In § 178a of paragraph 1. 1 (b). a), the words "the clarification of such" are replaced by

the word "clarification" and the words ", or to help prevent dokonání

such a crime, "shall be deleted.



25. In § 178a, paragraph 1 the following paragraph 2 is added:



"(2) if the accused did not commit the crime of collaborating, which is

more serious than crime for which clarification contributed, if credited,

as the organizer or the instigator of the crime, to the clarification of the

contributed, if it has not caused intentionally, in severe personal injury or death and

If there are reasons for the extraordinary increase in imprisonment (§ 59

of the Criminal Code), the Prosecutor in the indictment may suggest dropping

from punishment, if it deems it necessary, having regard to all the

circumstances, in particular in view of the nature of the offence referred to in confession

the accused in comparison with the crime, to the clarification of the accused

committed, to the extent to which the accused may be cooperating to contribute to

clarification of the crime committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

the group, the importance of his testimony for the criminal proceedings with regard to the

the collected evidence to the person of the accused and the circumstances of the case, in particular

whether and how the accused participated in the Commission of an offence, to

the clarification is committed to, and what the consequences of their actions. ".



The former paragraph 2 becomes paragraph 3.



26. in section 179b, the following paragraph 5 is added:



"(5) the Prosecutor may in abbreviated preparatory proceedings with the suspect

to negotiate an agreement on guilt and punishment; on the conditions and the procedure for its

the negotiation shall apply mutatis mutandis the provisions of § 175a. The delivery of the proposal on

approval of the agreement on the guilt and punishment, the Court shall commence criminal proceedings. ".



27. in paragraph 179c paragraph. 2, letter a) the following new subparagraph (b)), which

added:



"(b)) shall report to the Court for approval of the agreement on the guilt and punishment, while

apply by analogy the provisions of § 175b, ".



Subparagraph (b))) to (i) shall become point (c)) to (j)).



28. in section 179e after the word "punishment" the words "or with a proposal for

approval of the agreement on the guilt and punishment ".



29. in section paragraph 2 179f 2 at the end of the text of subparagraph (a)) the following words ", in

When negotiating an agreement on guilt and punishment (section 179b (5)) of not more than

thirty days ".



30. section 179g:



"§ 179g



(1) instead of the lodging of the punishment prosecutors can decide

about that time the punishment conditionally deferred, if

the suspect



and) to the confession,



(b)) for the damage, unless the offence was caused by, or with a damaged on its

compensation deal, or made any other measures necessary to its

compensation,



(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its

the release of a deal or make other appropriate measures for its release,



(d)) with a conditional postponement, the request for the punishment of its assent,



and given the person a suspect, taking into account the previous

life and circumstances of the case it is reasonable to consider such a decision

for pleasant.



(2) if it is justified by the nature and gravity of the committed offence,

the circumstances of the offence or the circumstances of the suspect, the State

the representative will decide on conditional postponement of the submission of the proposal for punishment

only if the suspect fulfils the conditions referred to in paragraph 1 and



and) it undertakes to establish that during the trial period refrain from certain activities, in

the context with which they committed a crime, or



(b)) on behalf of the public prosecutor shall lodge a sum specified by State

on financial assistance to victims of crime, according to a special legal

the legislation and this amount may not be disproportionate to the seriousness of the offence

the crime,



and given the person a suspect, taking into account the previous

life and circumstances of the case it is reasonable to consider such a decision

for pleasant.



(3) in a decision on conditional postponement of the submission of the proposal for punishment is

provides for a trial period of six months to two years, in the case of decisions

in accordance with paragraph 2, up to five years. The trial period begins the legal power of this

decision.



(4) a suspect who has entered into an agreement about how the corruption issue refunds

damages or an agreement on the issue of unjust enrichment, the decision about the

the conditional postponement of the submission of the proposal for punishment to damage

during the trial period or replaced at this time, gratuitous


the enrichment issue.



(5) decision on conditional postponement of the submission of the proposal for punishment according to the

paragraph 2 shall also include the amount of the cash amount specified by State

financial assistance to the victims of crime or determine the activity in which the

the suspect during the trial period undertakes to refrain from. If the suspect

undertakes to abstain during the trial period of a conditional postponement of the submission of the proposal

on the punishment of driving motor vehicles, must be informed of the obligations of the

surrender his driver's license under a special legal regulation, and that

the legal decision on conditional postponement of the submission of the proposal on

the punishment will cease to have a driving licence.



(6) a suspect can also save, in order to comply with the trial period

reasonable restrictions and obligations to make him lead an orderly life.



(7) Against the decision on conditional postponement of the submission of the proposal for punishment

suspect and damaged may lodge a complaint, which has a suspensory effect. ".



31. in paragraph 179h paragraph 1 reads:



"(1) if the suspect during the trial period, he led an orderly life,

has complied with the obligation to pay damages, unjust enrichment

or other obligation, to meet, and meet the other

imposed restrictions, the State Prosecutor, who decides to conditionally postponed

submission of the proposal for punishment in the first instance, that has proved successful. Otherwise, and

It even during the trial period, if applicable, decides that the suspect

unworkable, and proceed in accordance with § 179c-179f. Exceptionally, the

the public prosecutor in view of the circumstances of the case and the person suspected

keep conditional postponement of the submission of the proposal for punishment in force and

extend the trial period of up to one year; the trial period shall not

exceed five years. The obligation to reimburse the damage caused,

unjust enrichment and other obligation to meet the suspect

committed, as well as other restrictions imposed during the last prolonged

probationary period. ".



32. In paragraph 179h paragraph. 2, the words ' six months ' are replaced by the words "one

of the year ".



33. In section 180 paragraph 1 reads:



"(1) the criminal prosecution before a court takes place only on the basis of the indictment, or

proposal for punishment, which serves and represents the State in court

Representative, or on the basis of the proposal on the approval of the agreement on the guilt and punishment,

serving the public prosecutor. In proceedings before the District Court of the State

may be represented by a legal representative of an expectant, except for proceedings for the

approval of the agreement on guilt and sentence. ".



34. In paragraph 186, at the end of the introductory part of the provisions of the following the word "that".



35. In paragraph 186 (a). a) to (f)), the word "that" is deleted.



36. In paragraph 186 (a). (e)), the word "or" is deleted.



37. In paragraph 186, at the end of subparagraph (f)) dot is replaced by "or", and

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



"g) due to the circumstances of the case, it would be appropriate to negotiate an agreement on the guilt

and punishment, especially if such a procedure designed by the Prosecutor or

the accused ".



38. In paragraph 187, the following paragraph 4 is added:



"(4) if the preliminary hearings for the reason referred to in section

186 (a). (g)), the Court finds the opinion of the accused and the Prosecutor to

the negotiation of the agreement on guilt and punishment. If the Prosecutor and

the accused, that they have an interest in acting on the agreement on guilt and punishment, the Court determined

to the Prosecutor a reasonable time limit to file an application for the approval of such

the agreement. If the State Prosecutor shall submit in due time a proposal for the Court

approval of the agreement on the guilt and punishment, the Court shall proceed in accordance with § 314o to 66s;

in cases in which, under § 314o to 314r thing returns to

the preparatory proceedings, the Court is acting on the basis of the original indictment. In the absence of

the public prosecutor within the prescribed period the court approval of the agreement on

guilt and punishment, the Court will order the trial, unless some of the

the decisions referred to in § 188. ".



39. In section 223a para. 1, after the words "in § 307 paragraph 1. 1 "the words" or

2. "



40. In paragraph 245, the following shall be added at the end of paragraph 1, the sentence "against the judgment,

which the Court approved the agreement on guilt and sentence can be appealed only in the

the case that such a judgment is not in accordance with the agreement on guilt and punishment,

the approval of the Prosecutor of the Court suggested. Against a judgment which

the Court approved the agreement on guilt and punishment, the injured party which filed a

a claim for damages or non-material damage or issuing a

unjust enrichment, to appeal for the incorrectness of the operative part of the refund

damages or non-material damage in the money or the release of unjust

enrichment, unless the agreement on guilt and punishment, he agreed with the scope and

the manner of compensation for damage or non-material damage or the release of unjust

enrichment and this agreement has been approved by the Court in the form of, with which

agreed. ".



41. In article 257 paragraph. 1, letter c) the following point (d)), which read as follows:



"d) prosecution conditionally stops or decides on the approval of the

the settlement, if it finds that the circumstances referred to in § 307 paragraph 1. 1 or 2 or §

309 para. 1. "



Subparagraph (d)) is renumbered as paragraph (e)).



42. In § 258 at the end of paragraph 1, the period is replaced by a comma and the following

the letter g) is added:



"(g)) if it is not in accordance with the agreement on guilt and punishment whose approval state

the representative suggested to the Court; This does not apply if the statement of claim as

the injured party, which with the agreement on guilt and punishment, or

the victim, whose duly claim agreement on guilt and punishment

is not responding ".



43. In paragraph 288 paragraph 2. 1, after the words "the end", the words "final

judgment of the Court, which was approved by the agreement on the guilt and punishment, or ".



44. In § 307 paragraph 1 the following paragraph 2 is added:



"(2) if it is justified by the nature and gravity of the committed offence,

the circumstances of a criminal offence or the accused, the Court and the ratios in the preparatory

proceedings, the Prosecutor shall decide on conditional cessation of criminal

the prosecution of the accused only if they meet the conditions referred to in paragraph 1

and



and) it undertakes to establish that during the trial period refrain from certain activities, in

the context with which they committed the offence, or



(b)) on behalf of the Court and shall lodge in the preparatory proceedings on behalf of the State

the Prosecutor's Office a sum of the specified State to financial assistance to victims of

crime under special legislation, and this amount is not

obviously disproportionate to the seriousness of the offence,



and because of the person of the accused, taking into account the previous life

and the circumstances of the case, such a decision can reasonably be regarded as

pleasant. ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



45. In § 307 paragraph 1. 3 at the end of the text of the first sentence, the words ", in

If the decision referred to in paragraph 2 to up to five years ".



46. In § 307 paragraph 4 the following paragraph 5 is added:



"(5) the decision on conditional cessation of criminal prosecution pursuant to paragraph

2 must include the amount of the cash amount of the specified State to financial

assistance to victims of crime or determine the activity in which the accused

during the trial period undertakes to refrain from. If the accused undertakes to refrain from

during the trial period of a conditional cessation of criminal prosecution procedure

motor vehicles must be advised of the requirement to commit a driving

pass under a special legal regulation, and that the legal power

the decision on conditional cessation of criminal prosecution shall cease to be the driving

permission. ".



Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.



47. In paragraph 308, paragraph 1 reads:



"(1) if the accused during the trial period, he led an orderly life, fulfilled

obligation to pay damages, unjust enrichment or

another obligation, to meet, and meet the other

imposed restriction, the Court and, in preliminary proceedings, the Prosecutor,

that has worked well. Otherwise decides, and, where appropriate, during the trial period, that

failed and that criminal prosecution continues. Exceptionally, the Court may

and in preliminary proceedings, the Prosecutor in the circumstances of the case and the

the person of the accused leave conditional cessation of criminal prosecution in the

validity and extend the trial period of up to one year; However, the trial period

shall not exceed five years. The obligation to reimburse the damage caused,

unjust enrichment and other obligation to fulfill the accused

committed, as well as other restrictions imposed during the last prolonged

probationary period. ".



48. In § 309 para. 1 the initial part of the provisions of the comma after the word

"offence" shall be deleted and the word "If" shall be inserted after the word "accused".



49. In § 309 para. 1 (b). and), the word "accused" is deleted.



50. in § 309 para. 1 (b). (d)), the words ' a monetary amount specified

recipient for beneficial purposes "shall be replaced by

"the sum of the specified state, on the financial assistance for victims of crime

activities under a special legal regulation ".



51. In section 311 paragraph 2. 1 the word "money" is replaced by the word "cash" and

the words "to the beneficial purposes with indication of its recipient, including

the amount of the delivered "shall be deleted.



52. In article 311, paragraph 2 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



53. Section 312 is hereby repealed.



54. In paragraph 314c paragraph. 1 (b). (b)), the word "or" is deleted.




55. In section 314c, the dot at the end of paragraph 1 shall be replaced by "or", and

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



"d) provides to the Prosecutor a reasonable deadline to submit a proposal to

approval of the agreement on the guilt and punishment, if it considers that the circumstances of the

the case would it be appropriate to negotiate, especially if such a procedure suggested

the Prosecutor or the accused; While the single judge shall proceed mutatis mutandis

According to § 187 para. 4. ".



56. In paragraph 314c paragraph 1 the following paragraph 2 is added:



"(2) a single judge the proposal on the approval of the agreement on the guilt and punishment, provisionally

However, it is not pending, examine the aspects referred to in § 314o and § 314p

paragraph. 1. According to the results of a review of a single judge shall take some of the

the decisions referred to in paragraph 314p paragraph. 3 or 4, or else order the public

the meeting of the decision on the application for approval of the agreement on guilt and sentence. ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



57. In paragraph 314c paragraph. 5, after the words "paragraph 1", the words "(a). and)

to c), and paragraph 2 '.



58. In article 314e paragraph following paragraph 4 is added:



"(4) a sentence of house arrest conviction may be stored only after

the previous request for probation reports containing the findings of the

how the performance of this punishment, including the opinion of the accused to save

This kind of punishment. The sentence of house arrest is being taking into account the

This message. ".



Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.



59. under the third head of the twenty-seventh section the following section

the eighth, which including the title reads as follows:



"The eighth Section



The procedure for approval of the agreement on the guilt and punishment



§ 314o



(1) the application for approval of the agreement on the guilt and punishment, President of the Chamber shall examine the

and according to its contents, and the contents of the file



and public meeting to) give a decision on an application for the approval of the

guilt and punishment,



(b)) Decides to reject the application for approval of the agreement on the guilt and punishment for

serious procedural defects, particularly if the accused did not have when negotiating an agreement

on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2, or



(c)) shall order a preliminary examination of the application for approval of the agreement on the guilt and

the punishment.



(2) in its resolution referred to in paragraph 1 (b). (b) it is necessary to mark a specific)

defects or findings of fact which justified the rejection of the draft on

approval of the agreement on the guilt and punishment. Against this resolution is admissible

the complaint, which has a suspensory effect.



(3) If a resolution on the refusal of the application for approval of the agreement on the guilt and

the sentence has become final, the case returns to the preparatory proceedings.



(4) if the accused Is in custody, the Court will decide whether or not further always the duration

binding.



(5) the Prosecutor may withdraw the proposal on the approval of the agreement on the guilt and punishment

back to the time before the Court removes the final consultation. By withdrawing the

the application for approval of the agreement on the guilt and punishment, the case returns to the preparatory

control.



§ 314p



(1) the President of the Chamber shall order a preliminary examination of the application for approval

agreement on guilt and punishment, if it considers that



and) case belongs to the jurisdiction of another court,



(b)) should be referred to the matter under section 171 paragraph 2. 1,



(c)) are determined by the circumstances justifying the cessation of criminal prosecution pursuant to section

172 para. 1 or its interruption under § 173 paragraph. 1, or the circumstances of the

justifying the conditional discontinuance of prosecution pursuant to section 307 or

approval of settlement pursuant to section 309.



(2) a preliminary examination of the application for approval of the agreement on the guilt and punishment,

takes place in a private session. If the President of the Senate for

decision of the Court will order for the preliminary examination of the application

public meeting.



(3) After the preliminary examination of the application for approval of the agreement on the guilt and punishment

Court



and) decide to bring the case to the jurisdiction of the Court which

is the closest together above him and the Court that is

competent, if that is not itself competent to hear the case,



(b)) shall refer the matter to another body, if there are circumstances referred to in section 171

paragraph. 1,



(c)) the prosecution stops, if the circumstances referred to in section 172 para.

1,



d) prosecution is broken, if there are circumstances referred to in section 173 paragraph.

1,



e) prosecution conditionally stops under section 307 or decide to

approval of settlement pursuant to § 309 para. 1,



f) Decides to reject the application for approval of the agreement on the guilt and punishment for

serious procedural defects, particularly if the accused did not have when negotiating an agreement

on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2.



(4) After the preliminary examination of the application for approval of the agreement on the guilt and punishment

the Court may also stop the prosecution, if the circumstances referred to in

section 172 para. 2.



(5) against the decision referred to in paragraph 3 (b). b) to (f)) and pursuant to paragraph 4

the Prosecutor and the accused may submit a complaint, that is, unless the

discontinue prosecution, suspensory effect. The decision on the

conditional cessation of criminal prosecution and on the approval of the settlement may

to file a complaint, which has suspensive effect, whether or not broken.



(6) If a resolution on the refusal of the application for approval of the agreement on the guilt and

the sentence has become final, the case returns to the preparatory proceedings.



§ 314q



(1) on the application for approval of the agreement on guilt and sentence by the Court in

the public session. President of the Chamber shall invite the public meeting

of the accused; about the time and place of the proceedings, inform the State Prosecutor and defence counsel

the accused, as well as the injured party. If the corrupt agent, shall be

about the public meeting of his agent. A public meeting is held for the

the permanent presence of the accused and the Prosecutor.



(2) following the initiation of the public meeting of the Prosecutor raised by the proposal to

approval of the agreement on the guilt and punishment.



(3) After the presentation of the proposal on the approval of the agreement on guilt and sentence prompts

the President of the Senate of the accused to make a comment and asks him

whether



and negotiated agreement) shall mean the guilt and punishment, in particular whether it is obvious what

constitute the essence of the offence, which he blamed for, what is its legal

qualifications and what penalties the law provides for an offence that is

seen in this deed,



(b)) a statement that he has committed an offence for which he is prosecuted, he made

voluntarily and without coercion and was advised of his rights of defence,



(c)) are aware of all the implications of the agreement on the guilt and punishment,

in particular, it has waived the right to hear the case in the main proceedings and the law

appeal against the judgment, which the court agreement on guilt and punishment

approved, with the exception of that referred to in § 245 paragraph. 1 the second sentence.



(4) following the observations of the accused will allow the Court to the victim, if present,

to comment.



(5) the taking of evidence, the Court does not. If it considers it necessary, it may

to hear the accused and to procure the necessary explanation.



The decision on the application for approval of the agreement on the guilt and punishment



§ 314r



(1) the Court may decide on the legal classification of the offence, penalties and

the protection measures only to the extent stated in the agreement on guilt and punishment. About

a claim for damages or non-material damage in money or issuing a

unjust enrichment by the Court to the extent stated in the agreement on

guilt and punishment, if it agrees, or if damaged agreed

range and method of compensation for damage or non-material damage and editions

unjust enrichment claim duly claimed the injured party is responsible (§

paragraph 43. 3).



(2) the court agreement on guilt and punishment does not approve, if it is incorrect or

disproportionate in terms of compliance with the observed facts or from

in terms of the type and the amount of the proposed penalty, or protective measures,

or incorrect in terms of the extent and the way of compensation or

non-material damage or unjust enrichment, or if it finds

that serious violations of the rights of the accused during the negotiation of the agreement on

guilt and punishment. In this case, the resolution returns

control. Against this resolution is admissible a complaint, which has suspensive

effect.



(3) the Court may, in the cases provided for in paragraph 2 instead of returning things

in preliminary proceedings to announce their reservations to the Prosecutor and

the accused, who may propose a new version of the agreement on the guilt and punishment. For

to this end, the Court odročí public meeting. If, within the prescribed period

the Court will not be presented the new version of the agreement on the guilt and punishment, it shall

the Court referred to in paragraph 2.



(4) the court agreement on guilt and punishment shall be approved by the convicting judgment in

stating our opinion on the approval of the agreement on guilt and sentence, and the statement of guilt and

penalty, or protective measures, in accordance with the agreement on the guilt and

the punishment. Statement on damages or non-material damage, in cash or by

the issue of unjust enrichment the Court shall indicate, in accordance with the agreement on the guilt and

the penalty, which damaged agrees, or with the agreement of guilt and punishment, in

which the agreed extent and manner of compensation for damage or non-material damage or

the issue of unjust enrichment corresponding to duly acknowledge the claim

the injured party (section 43, paragraph 3); otherwise, the Court shall proceed in accordance with section 228 if the

the facts are reliably demonstrated with evidence, where appropriate, under section

229.



(5) if it transpires that any of the circumstances referred to in section 171 paragraph 2. 1, §

172 para. 1 and 2, § 173 paragraph. 1 (b). b) to (d)), or in section 223a para. 1,


the Court shall decide on the transfer of the case, prosecute, interruption

criminal prosecution or prosecution conditionally stops pursuant to § 307

or decide to approve an out-of-court settlement in accordance with § 309 para. 1. the court interrupted

the prosecution of even if you cannot deliver the summons to the accused person to

the public meeting.



(6) against the decision referred to in paragraph 5, the State Prosecutor to file a

the complaint, which has, except for the suspension of criminal prosecution, the suspensory

effect. Against a decision on conditional cessation of criminal prosecution or

on the approval of such a settlement may also complain to the accused and

damaged.



§ 66s



If the matter was returned to the preparatory proceedings under § 314o para. 3 or 5,

§ 314p para. 6 or § 314r para. 2, in further proceedings, to the agreed

agreement on guilt and punishment, including the Declaration of guilt, the accused are taken into account.

Referral back to the preliminary proceedings shall not preclude the negotiation of a new agreement on the

guilt and punishment. If the accused is in custody, and at the same time, the Court decided

the release of the accused on freedom, continues to bind in the preparatory proceedings,

not already done-bound together shall not exceed the time limits referred

in § 72a para. 1 to 3 ".



60. § 362 including title:



"§ 362



Measures in relation to decision on conditional postponement of the submission of the

proposal for punishment, conditional cessation of criminal prosecution or

approval of the settlement



(1) where the accused was composed by a sum of the specified state, on the

financial assistance to victims of crime, and the Court and, in preliminary

proceedings the Prosecutor decides on conditional cessation of criminal

the prosecution or on the approval of the settlement, President of the Senate, and in the preparatory

proceedings, the Prosecutor shall ensure that compound financial amount was

returned to the accused person.



(2) if the accused undertakes to abstain during the trial period

conditional cessation of criminal prosecution of driving motor vehicles or

If conditionally terminated criminal proceedings for offences

grievous bodily harm by negligence (§ 147 of the Penal Code),

bodily injury by negligence (§ 148 of the Penal Code),

hit-and-run driver of means of transport (article 151 of the criminal

Code) or for the crime of endangering intoxicated (§

274 of the Penal Code), if committed in the context of

a motor vehicle, the President of the Senate and in preliminary proceedings the State

the representative shall send a copy of the decision on conditional cessation of criminal prosecution

the Municipal Office of municipalities with extended powers to the competent according to the place

of residence of the accused; If the accused does not have a permanent residence on the territory of the

The United States, will send a copy of this decision of the Municipal Council of the village with

extended powers established at the seat of the Court or the State

the Prosecutor's Office. The President of the Senate and in preliminary proceedings, the Prosecutor

send the municipal authority municipality with extended powers, referred to in the sentence

first a copy of the decision also indicated the clause the legal authority

It was decided that the accused leaves a conditional cessation of criminal

the prosecution in effect and the trial period is extended, and a copy of the decision with the

clause indicated the legal authority to decide whether the accused in

proven during the trial period, or advise on which day it is considered that the

has worked well.



(3) if the suspect for the purpose of conditional postponement of the submission of the proposal on

punishment shall lodge a sum specified by the State financial assistance

victims of crime or if he undertakes to abstain during

test driving of motor vehicles, the procedure shall be in accordance with

paragraphs 1 and 2. ".



PART TWO



Amendment of the Act on criminal records



Article. (II)



In § 8 para. 1 of law No 266/1994 Coll., on criminal records, the words

"as well as a supplementary report that" shall be replaced by "about leaving

conditional cessation of criminal prosecution in force, as well as an additional

report on whether the "and the words" or that the prosecution continues "

shall be deleted.



PART THREE



Amendment of the Act on the legal profession



Article. (III)



In § 9 para. 2 (a). and) Act No. 85/1996 Coll., on the legal profession, as amended by

Act No. 79/2006 Coll., after the word "impeachment", the words "proposal

on approval of the agreement on the guilt and punishment ".



PART FOUR



Road traffic (Amendment) Act



Article. (IV)



Act No. 361/2000 Coll. on road safety and on changes

Some laws (road traffic law), as amended by Act No.

60/2001 Coll., Act No. 483/2001 Coll., Act No. 62/2002 Coll., Act No.

312/2002 Coll., Act No. 320/2002 Coll., Act No. 441/2003 Coll., Act No.

53/2004 Coll., the Act No. 229/2005 Coll., Act No. 411/2005 Coll., Act No.

76/2006 Coll., Act No. 227/2006 Coll., Act No. 262/2006 Coll., Act No.

342/2006 Coll., Act No. 170/2007 Coll., Act No. 215/2007 Coll., Act No.

374/2007 Coll., Act No. 124/2008 Coll., Act No. 274/2008 Coll., Act No.

480/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

424/2010 Coll., Act No. 133/2011 Coll., Act No. 297/2010 Coll., Act No.

329/2007 Coll., Act No. 341/2010 Coll., Act No. 375/2007 Coll., Act No.

18/2012 Coll. and Act No. 119/2009 Coll., is amended as follows:



1. In section 82 is at the end of paragraph 1, the period is replaced by a comma and the following

letter h) is added:



"h) is not on probation conditional postponement of the submission of the proposal on

punishment or conditional cessation of criminal prosecution, if

committed to refrain from driving motor vehicles during this test

times. ".



2. In section 94a of the end of the text of paragraph 1, the words "or

It was decided to postpone the submission of the proposal on a conditional punishment or

conditional cessation of criminal prosecution, during the trial period

the holder of a driving licence has pledged to refrain from driving

vehicles ".



3. In section 102 paragraph. 1, after the words "regulations ^ 31b)" the words "or after

the decision on the certificate or probationary neosvědčení conditional

the postponement of the submission of the proposal for punishment or a conditional stop

criminal prosecution, or when it is considered that at this time there was a

certificate ".



4. In section 102 paragraph. 2 at the end of the text of subparagraph (d)), the words ",

date of the decision on the certificate or neosvědčení in

trial period of conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution or the date on which it is considered

that, at this time there was a certificate ".



5. In section 102 paragraph. 3 at the end of the text of the letter b), the words ", or

the decision on the certificate or probationary neosvědčení conditional

the postponement of the submission of the proposal for punishment or a conditional stop

criminal prosecution, and in the case that this decision has not been issued,

the decision on conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution ".



6. In section 102 paragraph. 5 after the word "vehicles", the words "or

the decision on conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution, during the trial period

has pledged to refrain from driving a car, ".



7. in section 113 para. 1 at the end of the text of the letter b), the words "or

who undertakes to refrain from driving motor vehicles during the trial

the period of conditional postponement of the submission of the proposal for punishment or conditional

stopping criminal prosecution ".



8. In section 119 paragraph 1. 2 at the end of the text of the letter j), the words "and the information

the trial period of conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution, unless the driver has pledged to refrain from

the driving "during this test time.



9. In article 123b para. 1, after the words "for the crime of", the words "or

the prosecution has been terminated conditionally or to which it was

decided to postpone the submission of the proposal on a conditional punishment, "and for the

the words "or a criminal offence", the words ", for which he was saved

punishment or criminal proceedings for which it has been conducted, ".



10. In article 123b para. 2 of the introductory part, the words ' the provisions of the

Act, "the words" or on the date of acquisition of the decision about the

the conditional postponement of the submission of the proposal for punishment or suspension

stopping criminal prosecution, ".



11. In article 123b shall at the end of paragraph 2 is replaced by a comma and the following dot

(d)), which read as follows:



"(d)) decision on conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution. ".



12. In article 123b para. 3 (b). (c)), the words "who saved the penalty for

the offense of "shall be replaced by the words" or the Prosecutor who decided to "and for

the word "c)" with the words "and (d))".



13. In article 123b para. 3 (b). (c)) (2) the word "Court" shall be replaced by

"authority".



14. In article 123e paragraph 2 reads as follows:



"(2) the driver shall also be deducted points, which have been recorded on the

the basis of the final decision on the



and) offence or the offence after a final repeal of this

the decision, or



(b)) the postponement of the submission of the proposal on a conditional punishment or suspension

stopping criminal prosecution, if in criminal proceedings, in which the


continued, there has been no conviction of a driver for a crime that he committed

the negotiations entered into the points evaluation. ".



15. In article 123e para. 3, after the words "motor vehicles," the words

"or in the trial period of a conditional postponement of the submission of the proposal for punishment

or conditional cessation of criminal prosecution, in which the driver

pledging to refrain from driving a car, ".



16. in paragraph 124, the dot at the end of paragraph 5 is replaced by a comma and the following

the letter n) are added:



"n) shall inform the body active in criminal proceedings, which took the conditional

the postponement of the submission of the proposal for punishment or the conditional stop

criminal prosecution,



1. the surrender of a licence by the holder of a driving licence, which

has pledged to refrain from driving motor vehicles during the trial period

This conditional postponement of the submission of the proposal for punishment or

conditional cessation of criminal prosecution,



2. on the application for a driving licence of a person who has committed during the

the trial period of this conditional postponement of the submission of the proposal for punishment

or conditional cessation of criminal prosecution to refrain from driving

motor vehicles, if the competent municipal office municipality with extended

application shall be informed as to whether the person on probation

It has proven useful, or that it is considered, that have been proven; at the same time the municipal

the Office of the municipality with extended competence shall inform the authority in criminal

proceedings on whether the applicant has shown competence. ".



PART FIVE



Amendment of the Act on the judiciary in matters of youth



Article. In



Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain acts (the Act on

the judicial system in matters of youth), as amended by law no 383/2005 Coll., Act

No 253/2006 Coll., Act No. 345/2007 Coll., Act No. 129/2008 Coll., Act

No 41/2009 Coll., Act No. 181/2007 Coll., Act No. 301/2007 Coll., Act

No 357/2010 Coll., Act No. 375/2007 Coll. and Act No. 459/2011 Coll.,

be amended as follows:



1. section 63 including title:



"section 63



Inadmissibility of the judicial order and the agreement on guilt and punishment



In proceedings in respect of a young person under eighteen years of age, you cannot

issue a criminal command or to negotiate an agreement on guilt and sentence. ".



2. In paragraph 69, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) in a decision on conditional postponement of the submission of the proposal for punishment

or on conditional cessation of criminal prosecution, in connection with which

the youthful vowed to refrain from certain activities after the trial period, or

composed by a sum of the specified state, on the financial assistance for victims of crime

activities shall be a trial period of six months to three years. ".



PART SIX



Amendment of the Act on the enforcement of the property and things in criminal proceedings



Article. (VI)



In section 1 (1). 4 Act No. 279/2003 Coll. on the execution of the property and Affairs of the

in criminal proceedings and on amendments to certain laws, as amended by Act No.

253/2006 Coll., in the first sentence after the word "impeachment", the words ",

the application for approval of the agreement on the guilt and punishment, "and in the second sentence, after the word

"an indictment", the words ", the proposal on the approval of the agreement on the guilt and

the sentence ".



PART SEVEN



Amendment of the Act on higher court officials and senior officials

Public Prosecutor's Office



Article. (VII)



Law No. 121/2008 Coll., on higher court officials and higher

officials of the public prosecutor and amending related laws, in

amended by Act No. 7/2009 Coll. and Act No. 183/2009 Coll., is amended as follows:



1. In article 16(1). 1 (b). (f)), the word "proposal" shall be deleted and the word

"prosecution" shall be inserted after the words ", including the basis for the decision about

that the accused has been a failure, and for the decision to keep the conditional

stopping criminal prosecution in effect ".



2. In article 16(1). 1, letter g) the following point (h)), which read as follows:



"h) preparing for the decision on the certificate of the suspect in the

trial period laid down in the decision on conditional postponement of the submission of the

proposal for punishment, including the basis for the decision about the

the suspect has been a failure, and for the decision to keep the conditional postponement of the

submission of the proposal for punishment in force, and processing the written proposal

a copy of this decision ".



Subparagraph (h)) and i) are referred to as letters i) and (j)).



PART EIGHT



Amendment to the criminal code



Article. (VIII)



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. and Act No. 458/2011

Coll., is amended as follows:



1. In section 34 para. 3 at the end of the text of subparagraph (d)), the words "or

the conditional postponement of the submission of the proposal for punishment ".



2. In article 34 paragraph 2. 4 (b). a) after the word "indictment," the words

"the proposal on the approval of the agreement on the guilt and punishment".



3. In § 39 para. 1 the first sentence, the words "especially serious" and the words "or

help prevent the experiment or dokonání such an offence "shall be deleted.



4. In article 46, paragraph 1, the following paragraph 2 is added:



"(2) the Court shall waive the punishment of the perpetrators identified as the cooperating

the accused, are subject to the conditions provided for in § 178a of paragraph 1. 1 and 2

the criminal procedure code and handed to the accused in both the preliminary cooperative

proceedings and in proceedings before the Court the full and truthful testimony about

the facts, which are capable of significantly contributing to the clarification of the

the crime committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

of the Group; the provisions of § 48 para. 1 this does not prejudice. Refrain from

the punishment of offenders designated as a cooperating defendant as follows

If it cannot, the committed offence is more serious than crime, to

the clarification has helped, if he was involved as an organizer or

the instigator of the crime, to which he contributed, if clarification

intentionally caused severe injury to health or death or if they are made

the reasons for the extraordinary increase in imprisonment (section 59). ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



5. § 48 para. 1, the words "paragraph 46. 1 or 2 "shall be replaced by the words" 46

paragraph. 1, 2 or 3 ".



6. In § 58 para. 4, the first sentence is replaced by the phrase "the Court will reduce the sentence

deprivation of liberty under the lower border of the criminal rates are also perpetrators

marked as a cooperating defendant, are subject to the conditions

provided for in § 178a of paragraph 1. 1 code of criminal procedure and handed to the cooperating

the accused, both in the preparatory proceedings and in the proceedings before the Court the full and

a truthful statement of the facts, which are capable of significantly

to contribute to the clarification of the crime committed by members of organized groups, in

links with organised group or for the benefit of organized

criminal groups; taking into account the nature of the offence

indicated in his confession in comparison with the crime committed by members of the

organized groups, in conjunction with an organised group or in

benefit organised crime group, to whose elucidation contributed,

on the importance of such negotiations, the person of the offender and the circumstances of the case,

in particular, whether and how he was involved in this crime, which

the clarification is committed to, and what the consequences of their actions, where appropriate,

caused. ".



PART NINE



The EFFECTIVENESS of the



Article. (IX)



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

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.