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.
