Amending And Supplementing The Code Of Criminal Procedure

Original Language Title: , kterým se mění a doplňuje trestní řád

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48/1973 Sb.



LAW



of 25 June 2002. April 1973,



amending and supplementing the code of criminal procedure



The Federal Assembly of the Czechoslovak Socialist Republic is resolved

to this Act:



Article. (I)



The criminal procedure code no. 141/1961 Coll., as amended, is hereby amended and

supplemented as follows:



1. In section 12, paragraph. 7, the words "after the adoption of the indictment" shall be replaced by the words "after the

Regulation of the main version ".



2. section 14 paragraph. 3:



"(3) the powers of the military courts, whether or not the person subject to civil



and) for offences of war treason (section 114 tr.), foreign service

Army (§ 115 tr.), and the nenastoupení service in the armed forces (section

269 to 271 tr.)



(b)) for the offences of espionage (section 105 tr.), the threat to the State

the secret (section 106, 107, 107a tr.) and spying and threats

State secrets, to the detriment of the State of the World Socialist system (section 108

tr.), was threatened by a particularly important interest in defense of the homeland. "



3. In section 35 after paragraph 1, insert a new paragraph 2 is added:



"(2) the counsel in criminal proceedings, in which the discussion of the fact

forming the subject of the State secrets may be the only lawyer who is

can get to know State secrets. The selection of these lawyers carry out

the central authorities of the advocacy by the factors referred to in the provisions

governing the protection of State secrets and their lists. "



paragraph 2 becomes paragraph 3.



4. section 50, the following paragraph 4 is added:



"(4) the agent of the person concerned, and the injured party in criminal proceedings, in

which discusses the facts forming the subject of State secrets

may be the only person who can get a secret on

the relevant section of the. If such agent of the solicitor, shall be used mutatis mutandis

the provisions of § 35 paragraph. 2. "



5. In article 65, paragraph. 2 the last sentence, the words "or search" be replaced by

the words "and, in the case of the search as soon as they were accused and his defense attorney

alerted to the possibility to study the writings of [section 169 (b))] ".



6. In article 66, paragraph. 1, the words "or search authority" shall be replaced by the words

"the search of the authority or the authority on flight deck duty clearing" and the words

"the search authority" the words ", in clarifying the authority of the

knees-clearing ".



7. In section 80 (2). 3 the second sentence is deleted.



8. In section 81, paragraph. 4, the second sentence is deleted.



9. In section 86 after paragraph 1, insert a new paragraph 2 is added:



"(2) in the case that was initiated prosecution for an offence under

the first head of the special part of the Penal Code, the Prosecutor or

an investigator with the prior consent of the Prosecutor, order to post

or undertaking carrying out transport of consignments, which issued the consignment is

reasonable grounds for believing that it has been committed or that the offence with

in such a criminal offence, if it is to clarify the facts

serious for criminal proceedings to be to determine its contents. "



the current paragraph 2 shall become paragraph 3 and for the words "in paragraph

1 "is inserted after" or 2 ".



10. In section 87, paragraph. 1, after the words "§ 86, paragraph. 1 "inserted" or 2 ".



11. section 105, paragraph. 1 the second sentence reads as follows:



"Instead of bringing in experts to settle in simple cases with

the confirmation or the professional representation the competent authority whose

the accuracy is not in doubt. "



12. In section 106 is attached at the end of this sentence:



"The expert must also be advised of the importance of the expert opinion from the perspective of

of general interest and of the criminal consequences of perjury and consciously

false expert opinion. "



13. In section 114 in paragraph 2, the following new paragraph 3 is added:



"(3) if the evidence to determine the identity of a person who has resided

at the crime scene, is a person, it shall be obliged to tolerate the acts required

for such a determination. "



the former paragraph 3 shall become paragraph 4; While the words

"paragraphs 1 and 2" shall be replaced by the words "the preceding paragraph".



14. section 119 paragraph. 1 sentence following a semicolon is added:



"in other cases, if the law does not provide for something else,

by the resolution. "



15. In paragraph 149. 2, the words "after the adoption of the indictment" shall be replaced by the words "after the

Regulation of the main version ".



16. section 162, including the title:



"§ 162



Referral to investigators



If the investigator to whom the case has been passed to the other authority,

not considered appropriate, it shall submit the files immediately with your

the opinion of the public prosecutor; otherwise, continue with the procedure. "



17. § 164, paragraph. 1 the second sentence reads as follows:



"The acts referred to in the fourth and fifth head, which can be done under this Act,

before you begin criminal prosecution, and the acts made after the start of

the criminal prosecution of other authorities may not repeat the investigator, if

carried out in accordance with the provisions of this Act; investigator

However, you always hear the accused. "



18. In section 166 deleted former paragraph 7, paragraph 8

become paragraph 7 and added:



"(7) the investigation must end normally within two months from the start of

a criminal prosecution. After the end of the investigation the investigator shall submit to the

the Prosecutor files a final report containing a proposal for the final

measures or make any decision according to § 171 to 173. "



19. In paragraph 168. 1, after the words "failure to provide assistance under section 207 and

208.0 ", the words" the unauthorized use of foreign motor vehicles

under section 209a, paragraph. 1 and 2 ".



20. In section 169



the provisions of subparagraph (a). b), c) and (d)):



"(b)) instead of the introduction of the accused and the defence counsel with the search results

Search Authority notifies the accused and the defence counsel of the possibility that, in the

reasonable period of time, which also provides for, studied the writings and

proposals to supplement the search; If the authority does not consider the search

the proposed additions, refuses; about these tasks will make the record

in the log;



(c) the provision of section, paragraph 164). 4 and § 165 paragraph. 1 do; permissions according to the

eventually, that provision is not for advocates, even when the action,

which search is added;



(d) it is necessary to end the search) as a rule within one month from the start of

criminal prosecution, and if the offender has not been identified, within two months;

end your search in these time limits, the Prosecutor of serious

reasons to order the investigation; "



the provisions of subparagraph (a) shall be added. (e)), which read:



"(e)) after the end of the search the search shall submit to the authority of the writings

the public prosecutor with a proposal on the final list of proposed measures and

the evidence; the proposal does not need to justify. "



21. the heading of the section of the fourth head of the 10th is:



"The decision in the pre-trial proceedings".



22. In section 171



in paragraph 1, the word "investigation" shall be replaced by the words "the preparatory

control ",



in paragraphs 1 and 2, the words "or search authority" shall be replaced by the words "and

in search of the Prosecutor ",



paragraph 3 is added:



"(3) the resolution of the referral is to be notified to the accused and

the injured party; a copy of the resolution of the investigator is to be delivered whether or not

the Prosecutor, within 48 hours. Against the resolution referred to in paragraphs 1 and 2

admissible complaint, which has a suspensory effect. "



23. In section 172



in paragraphs 1 and 2, the words "or search authority" shall be replaced by the words "and

in search of the Prosecutor ",



paragraph 3 is added:



"(3) a resolution on the cessation of criminal prosecution shall be notified to the accused

and the injured party; a copy of the resolution of the investigator is to be delivered whether or not

the Prosecutor, within 48 hours. Against the resolution referred to in paragraphs 1 and 2

admissible complaint, which has a suspensory effect. "



24. In paragraph 175. 1 the provisions of subparagraph (a). and the following words ") in

Search refer the matter and stop criminal prosecution ".



25. In section 179a of the paragraph. 2 is attached at the end of this sentence:



"The Government of the Czechoslovak Socialist Republic, by regulation, establish

which other federal authorities of State administration and to what extent taking place in

the scope of its competence clarifying jurisdiction; similar permission

the responsibility of the Governments of the Republics as regards state administration authorities of the republics. "



26. In section 179b paragraph. 1



the provisions of subparagraph (a). (j)):



"(j)) under the conditions set out in section 78 to 81 can make decisions and

the measures indicated in those provisions, "



the provisions of subparagraph (a) shall be added. k), which read:



") under the conditions provided for in § 82 to 85 can perform household and personal

tour.



27. section 179c:



"(1) if in the course of clarifying the reasons for custody are given by,

shall transmit to the Authority held by investigators clarification thing; If you need to perform

detention and opening mail, shall transmit the case search authority. About these

the measures shall inform the Prosecutor.



(2) if the conditions for the joint management of the crime and tort,

held the investigation or search of offense. "



28. In section 179e of paragraph 2, the following new paragraph 3 is added:



"(3) Held to the preparatory proceedings, together with the crime and tort,

It is served by a common indictment for the crime and for the offense; held to

preliminary proceedings only on tort, served with a proposal to punish. "



the former paragraph 3 shall become paragraph 4.



29. In article 181, the current text becomes paragraph 1 and

paragraph 2, which reads as follows:



"(2) after the filing of the indictment, the Court shall decide all questions individually

other related proceedings and shall-nevyčkávaje other proposals-
make all the decisions and measures which need to be answered

the prosecution, to the end of things and for the exercise of the Court's decision. "



30. § 182:



"(1) the Prosecutor may take back up to the start of the impeachment trial;

the thing that returns to the status of the preparatory proceedings.



(2) If a prosecutor after the start of the trial to the belief that

the results of the hearing before the Court, the prosecution is required to do

the retreat from the allegations and to communicate to the Court the reasons that led him to it. This

the statement does not relieve the Court of the obligation to the law and moved

the internal conviction-decided the indictment according to the guidelines. "



31. In section 185, paragraph. 1, the words "whether it can accept and himself" are replaced by

the words "whether".



32. In section 186 is deleted and paragraphs 2 and 3, paragraph 1.



33. In paragraph 188. 1



in the provisions of subparagraph (a). (f)) is attached at the end of this sentence:



"; in the case in which it took place, however, the search may return a thing

the public prosecutor to the DGA has conducted only if the search was not

clarified basic facts important for the decision on the guilt, or "



deleted the word "or" in clause (a). (g)) and the whole of the provisions of subparagraph (a).

(h)).



34. section, paragraph 190. 2 is added:



"(2) if not, must notify the President of the DGA has conducted the Senate to

derogating legal assessment of the Act the person, which delivers a copy of the

the indictment (section 196 (1)).



35. In section 191, paragraph. 3, after the words "carry out" following the word "usually", and

the second sentence is deleted.



36. section 193 and 194 are deleted.



37. In section 196, paragraph. 1



with the words "Impeachment, once it was adopted, the President of the Senate in the copy of the"

replaced by the words "If the Court has not made some of the decisions referred to in section

paragraph 188. 1 and 2, the President of the Senate, a copy of the indictment ",



the last sentence of paragraph 1 is deleted.



38. In section 211



in paragraph 1, the words in the sentence are deleted first "or expert" and the word

"their" is replaced by the word "its" in the provisions of subparagraph (a). (b))

deleted the words "or expert"



It connects the following paragraph 4 is added:



"(4) the place of the hearing of an expert, you can read the Protocol of his testimony or his

the written opinion, if an expert was instructed before submission of the report referred to in

§ 106, there are doubts as to the correctness and completeness of the report and the Prosecutor

and the defendant agree. "



39. section 263, paragraph. 1 the second sentence reads as follows:



"Also, in private session, can make a decision



and) under section 253, 255 and 257,



(b)) under section 258, paragraph. 1, it is clear that the defect cannot be deleted in the

public session. "



40. In section 275, paragraph. 1 are attached at the end of this sentence:



"If the law Was violated only to the detriment of the accused, from the time of legal power

the contested decision and to the decision on complaint for violation of law

the limitation period shall not be counted. "



41. In section 276, the words "the President of the Supreme Court" shall be replaced by the words

"Minister of Justice".



42. § 294:



"The President of the Senate can deliver a copy of the indictment (section 196, paragraph. 1) also the authority of the

responsible for the care of the youth. "



43. section 314b, paragraph. 6 is added:



"(6) the Prosecutor may withdraw the proposal on punishing back to start

the main version; in this case, make some of the measures referred to in

section 179e of paragraph 1. 1 (a). (b) to (h))). "



44. In paragraph 314c. 1, the provisions of subparagraph (a). (c) the following new provision)

(a). (d)), which read:



"(d)) can stop the prosecution, if the circumstances referred to in section 172

paragraph. 2, "",



(a) the existing provisions. (d) to (f))) are known as the provisions of subparagraph (a).

e) to (g)).



45. In section 314d



in the text, which becomes paragraph 1, after the words "in the

the main version ", the words" held on tort ",



paragraph 2 shall be added:



"(2) in proceedings for the offence can prepare the simplified written by a single judge

judgment, if, after the publication of the judgment, the Prosecutor and the accused

give up the appeal. The simplified written judgment does not contain the justification. "



46. in title nineteenth for the fourth section following the fifth section, which

including the title:



"The fifth Section



Criminal command



§ 314e



(1) in proceedings relating to the jurisdiction of a judge may, without consideration of the case in the main

version issue criminal command



and if the accused) during the clarify pleaded guilty and a judge

the results of the clearing has no reason to doubt the veracity of the

This confession, or if the relevant facts are identified

your own observation of public authority, and



(b) if the Prosecutor suggested the release) of a criminal command or agreed,

the command was issued to the criminal; the proposal or the consent of the Prosecutor must

refer also to the nature and the assessment of the sentence that has a criminal command

Save.



(2) Criminal use are punishable by deprivation of liberty for two months,

corrective action within four months, a ban to two years, fined

punishment to 5000 Crowns and forfeiture of things; replacement of imprisonment for

a financial penalty must not stored along with the penalty of deprivation of liberty

exceed two months.



(3) Criminal command cannot be issued



and in proceedings against a juvenile),



(b)) in proceedings against a person deprived of legal capacity

or whose capacity to act is limited,



(c)) has decided on the protection measures, or



(d)) if the aggregate punishment to be saved and the previous penalty was saved

the judgment.



(4) Criminal conviction has a command. Effects associated with

the announcement of the conviction occurs the service of criminal

the statement by the accused.



§ 314f



(1) the criminal court order contains



and the designation of the Court) that the criminal order



(b) the date and place of issue) criminal command,



(c) the designation of the accused) (art. 120 (2)),



(d) a statement of guilt) (section 120 (3)) and dumped the sentence (section 122 (1)),



(e)) where a claim for damages, the statement about the reference of the damaged

on the civil proceedings, where appropriate, to proceedings before other

the competent authority and



f) lessons on right to resistance.



(2) a criminal command delivers the accused, the Prosecutor and the injured party,

who filed a claim for damages. The accused is delivered to the

your own hands; substitute service and saving documents is excluded.

If the accused, the criminal defence counsel shall also command him.



§ 314g



(1) the accused and persons that are entitled to lodge in his favor

the appeal, with the exception of the Prosecutor may lodge against the criminal order

resistance. Opposition shall be lodged with the Court that issued the order and the criminal, this in

eight days from receipt of the judicial order, the accused. The recovery period

mutatis mutandis, the provisions of section 61 shall be used.



(2) has been filed against a criminal order by an authorized person within the time limit

resistance, a criminal command is cancelled and a judge ordered it in case the main

version. Otherwise, the criminal court order becomes final and enforceable.



(3) If, as a result of a timely filed by a single judge decides the resistance in

the trial, the accused may not impose more stringent penalty than what

order the criminal use, unless the facts on the basis of the

proving significantly changed. "



47. In section 323 paragraph. 2 the word "Court" shall be replaced by the words "the President of the Senate."



48. In section 327



in paragraph 1, first sentence, the word "Court" shall be replaced by the words "the Minister

Justice "and the second sentence is added:



"Unless the issue of the country or to expulsion or return to

issued or deportation, the Court will decide that the sentence of imprisonment or

the rest of it. "



in paragraph 3, the words "paragraphs 1 and 2" shall be replaced by the words "paragraph 2".



49. section, paragraph 330. 4 is added:



"(4) a decision that the person conditionally proved, may with the consent of

the Prosecutor made the President of the Senate. "



50. section 332 paragraph. 1 the second sentence reads as follows:



"The decision to conditionally released, the agreement proved

the Prosecutor made the President of the Senate. "



51. section 334, the following paragraph 3 is added:



"(3) on the proposal of the Prosecutor, to imprisonment

nezapočítala the period during which a prisoner was interrupted by imprisonment

deprivation of liberty for the purpose of medical care in medical facilities outside

the educational Institute, turned to become so as a result, that's

the person caused the injury intentionally, shall be decided by the Court in the public

the meeting. Against this decision is admissible a complaint, which has

suspensory effect. "



52. In section 349, the word "Court" shall be replaced by the words "the President of the Senate."



53. In § 350â



in paragraph 4, at the end of this sentence added:



"Against this decision is admissible a complaint, which has suspensive

the effect of. "



paragraph 5 is added:



"(5) The procedure for conditional abandonment of the rest of the performance penalty of prohibition

stay, as well as on the management of regulation performance of the rest of this sentence

Similarly, the provisions of § used 331 to 333. "



It connects the following paragraph 6 is added:



"(6) the decision on the imposition of reasonable restrictions to the person that was the punishment

the prohibition of stay stored next to unconditional imprisonment, shall be in

public meetings of the Court in whose district the sentence of imprisonment was

last exercised. Against this decision is admissible a complaint that

has a suspensory effect. "



54. In paragraph 351. 1 are attached at the end of this sentence:



"However, if the treatment was stored next to the unsuspended sentence

custodial and educational Institute are turned to the performance of such

Healing conditions, President of the Chamber may order that protective treatment
was exercised during the imprisonment. "



55. in section 351 shall be added to § 351a, including title:



"§ 351a



Changing how the enforcement of protective treatment



About changing the way the performance of the protective healing decides in the public meetings of the

the Court, in whose district is a therapeutic device, in which the protective treatment

exercises; against this decision is admissible a complaint, which has

suspensory effect. "



Article II



The Bureau of the Federal Assembly is hereby authorised, in the collection of laws

announced a full text of the code of criminal procedure, as is apparent from the later

regulations.



Article. (III)



This law shall enter into force on 1 January 2005. July 1973.



Freedom v.r.



Indra v.r.



Dr. v.r. Štrougal