The Amendment Of The Penal Code And Some Other Laws

Original Language Title: změna trestního zákoníku a některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=78539&nr=390~2F2012~20Sb.&ft=txt

390/2012 Sb.



LAW



of 6 December. September 2012



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

amended, and some other laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment of the criminal code



Article. (I)



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

Act No. 181/2011 Coll., Act No. 330/2011 Coll., Act No. 357/2011 Sb.

Law No 375/2011 Coll., Act No. 420/2011 Coll., Act No. 458/2011 Sb.

and Act No. 193/2012 Coll., is hereby amended as follows:



1. In section 55 is at the end of paragraph 2 the following sentence "for the crime of

neglect of mandatory nutrition under section 196, paragraph. 1 or 2 can be saved

unconditional imprisonment only, provided that such

the sentence requires effective protection of society or there is no hope, that would

the offender can be corrected by any other punishment. ".



2. under section 57 shall be added to § 57a, including title:



"§ 57a



Conversion of imprisonment sentence of house arrest



The Court may, after the performance of half of the saved, or by decision of the President of the

The Czech Republic sweetened imprisonment sentence of turn

for the rest of the offense the penalty in punishment, house arrest, if the convicted person after

judgment, especially in the enforcement of the sentence and the execution of his behavior

their duties may prove to reform and he expected that in the

the future will lead an orderly life. In converting the penalty of imprisonment

house arrest every day nevykonaného the rest of the sentence

counts for the one day of the sentence of house arrest; the highest punishment

house arrest as provided for in § 60 paragraph. 1. the Court is not bound ".



3. In article 65, paragraph. 2 (a). and the words ") for the case of the exercise of this

the sentence was thwarted, provide for the replacement of imprisonment, which may not

be more stringent than the punishment that should the offender threatened to in the case of conversion

the sentence works of general interest in the penalty of deprivation of liberty; "shall be replaced by

the comma and the word "or" shall be deleted.



4. In article 65, paragraph. 2, letter a) the following new subparagraph (b)), which read:



"(b)) in a financial penalty and, that this was not within the prescribed period

sentence, provide for the replacement of imprisonment, which may not be

more stringent than the punishment that should the offender threatened in the event of conversion

the sentence works of general interest in the imprisonment, or ".



Letter b) is renumbered as paragraph (c)).



5. In section 69, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(2) if the offender within the prescribed period, the financial penalty can be performed

the Court transform



and § 60) under the conditions of paragraph 1. 1 in a sentence of house arrest, or



(b)) in the sentence of community work.



(3) if the offender at the time of the conversion of a monetary penalty in punishment

house arrest or punishment of community service work to the end of the performance

This sentence does not lead an orderly life, avoiding the onset of its performance, without

serious breach of its conditions because of the agreed performance, otherwise frustrates his

performance or did not serve the penalty within a specified time, the Court does not

Converts in replacement of imprisonment imposed in accordance with paragraph 1. ".



The current paragraph 2 shall become paragraph 4.



6. In section 88 paragraphs 1 and 2 shall be added:



"(1) the Court may convict conditionally released, if

convicted after judgment, especially in the execution of their

in the discharge of their duties, conduct and demonstrated to reform and may from

He expected that in the future will lead an orderly life or the Court accepts the guarantee

for the completion of the axles of the convicted person, and



and the person had done at least half) imposed or by decision of the

the President of the Czech Republic the sweetened imprisonment, or



(b) the person, who was not) convicted of a particularly serious crime and that

not yet in the imprisonment, he did at least one third of the

stored or according to the decision of the President of the Czech Republic the sweetened

the sentence of imprisonment.



(2) if the convicted misdemeanor showed her while behaviour and

in the discharge of their duties, the next sentence is not necessary, it may

Court conditionally released and before he did part of the sentence

the deprivation of liberty that is required for conditional release under paragraph 1.

The Court fails to comply with the proposal of the Director of the prison on conditional release

the convicted person to freedom, only if it is obvious, that the convicted person after release

on the freedom to lead a proper life. ".



7. In article 88, paragraph. 3 the first sentence reads: "the Court when deciding on conditional

the release of the convicted person for the crime also takes into account whether the person

in time he joined the sentence and whether partially or totally replaced or

otherwise, atoned for the damage or other injury caused by the criminal offence or whether

issued unjust enrichment obtained the crime. ".



8. In section 89, paragraph. 2 the second sentence, the word "saves" shall be replaced by "may

Save ".



9. In section 91, paragraph 1 reads:



"(1) If a convicted person or conditionally released, which conditionally

move away from the rest of the performance penalty of disqualification, prohibition of residence, or

the ban on entry to the sports, cultural and other social events, led in the

trial period an orderly life and complies with the imposed conditions, the Court

that has worked well; otherwise decides, and, where appropriate, during the trial period,

that the rest of the sentence. Exceptionally, the Court may, in the circumstances of

the case and the convicted person to leave conditional release or

conditional abandonment of the rest of the performance penalty of disqualification, prohibition

stay or the ban on admission to the sports, cultural and other social

the action is in force, even if the convicted person provoked the decision about

that the rest of the sentence, and



and yet, the inmates) to establish supervision over the unsaved,



(b) apply mutatis mutandis extended trial period), but not more than two years,

and shall not exceed the upper limit of the probationary period provided for in § 89

paragraph. 1 or § 90 of the paragraph. 2, or



(c)) to establish reasonable restrictions still unsaved and proportionate obligations

referred to in section 48, paragraph. 4 in order to lead an orderly life. ".



10. In section 196, paragraph. 1, the words ' two years ' shall be replaced by the words "one year".



11. In section 196, paragraph. 2, the words "for six months to three years" shall be replaced by

the words "of up to two years".



12. In section 196, paragraph 3 reads:



"(3) imprisonment for six months to three years, the offender will be

punished, if the offense referred to in paragraph 1 or 2 of the authorised person

the risk of an emergency. ".



13. under section 196 shall be added to § 196a of the title, including:



"§ 196a



Special provisions for punishment



The offender the mandatory nutrition neglect (section 196), the Court may

Save as reasonable restrictions and reasonable obligations referred to in section 48

paragraph. 4 even a reasonable restriction to refrain from driving motor vehicles.

This reasonable restrictions, especially if the Court imposes is a reasonable concern,

that the obligation to pay the due maintenance will be Mary or hampered by. ".



14. In section 337, paragraph. 1 the final part of the provision, the words "three years"

shall be replaced by "two years".



15. In § 358 paragraph 1 reads:



"(1) Whoever commits publicly or in a place accessible to the public gross

neslušnosti or riots, in particular by attacking another, the old man

the grave, historical or cultural heritage, or gross manner disturbs

training, course or end organised a sports match,

gathering or ceremony people, shall be punished by imprisonment for up to two

summer. ".



PART THE SECOND



Amendment to the criminal procedure code



Article. (II)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

the text of Act No. 57/1965 Coll., the 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. 172/1990 Coll., Act No. 303/1990

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

Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling

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

declared under the No. 8/1995 Coll., the 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 finding of the Constitutional Court declared

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

the finding of the 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., the finding of the Constitutional Court declared under the No 45/2005 Coll.

the finding of the 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. 113/2006 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 Sb.

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

Act No. 272/2009 Coll., Act No. 306/2009 Coll., the finding of the 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. 181/2011 Coll., Act No. 207/2011 Coll., Act No. 330/2011

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

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

43/2012 Coll., Act No. 193/2012 Coll. and Act No. 273/2012 Coll., amended

as follows:



1. In section 125 at the end of paragraph 1, the following sentence "If the Court imposes a

punishment for the offence referred to in section 55, paragraph. 2 of the criminal

code, lays out such considerations was led to this decision and why

It was not punishable if the imprisonment itself. ".



2. In section 228, paragraph. 4, the first sentence, after the word "defendant", the words

"a crime".



3. In paragraph 314e. 5, the last sentence shall be deleted.



4. In paragraph 331. 1, after the words "concerning the holding of a public meeting"

the words "on conditional release from a prison sentence imposed for the

the crime of "and the words" one year "shall be replaced by the words" six months ".



5. In section 332 paragraph. 1, the words "the guarantee of interest association

citizens ' shall be deleted.



6. the following section is inserted after section 333a 333b, including title:



"§ 333b



Conversion of imprisonment sentence of house arrest



(1) on the conversion of imprisonment sentence of house arrest decides

the Court on the proposal of the State Prosecutor or the Director of the prison in which the

carries out the sentence, at the request of the convicted person, or without such a request, and

in a public meeting.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect. ".



7. In the title of § 340b, the word "or" is replaced by ", in a

the penalty or punishment. "



8. In the section 340b of paragraph 1. 1 the first sentence, after the word "prison", the words ",

in a financial penalty ".



9. In article 344 paragraph 1 the following paragraph 2 is added:



"(2) on the conversion of a monetary penalty or the rest of the in house

prison or punishment in General--President of the Senate shall decide

in a public meeting. "



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



10. In section 344 paragraph. 3, the words "paragraph 1" shall be replaced by "paragraph 1

or 2 ".



11. In section 344 paragraph. 5 is the number "3" shall be replaced by the number "4".



12. A section is inserted after section 358 359, including title:



"§ 359



Departure from the reasonable limitations posed by the abstention of the management

of motor vehicles



(1) at the request of the convicted person, the Court shall decide in a public meeting about the abandonment

from reasonable limitations posed by the abstention of motor control

the vehicles, which was imposed for the crime of neglect of mandatory nutrition (§

196 of the Criminal Code), if the person has paid the outstanding maintenance. Court

may refrain from a reasonable limitation in a private session,

justify-if compliance with the request of the convicted person supporting documents and evidence

in the file.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect. ".



PART THE THIRD



Amendment of the Act on the judiciary in matters of youth



Article. (III)



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

the judicial system in matters of youth and on the amendment of certain laws (the law on the

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. 181/2011 Coll., Act No. 301/2011 Coll., Act

No 357/2011 Coll., Act No. 375/2011 Coll., Act No. 459/2011 Coll.

Act No. 193/2012 Coll., is hereby amended as follows:



1. In the title of § 26, after the words "General Service", the words "

, home prison ".



2. In article 26, paragraph 1, the following paragraph 2 is added:



"(2) under the conditions laid down in the criminal code, the Court may for youth

Save a juvenile home in prison. The upper limit of the rate of criminal

measures in respect of a juvenile shall not exceed half of the upper limit of

provided for in the criminal code. The youth court may, in addition to the criminal

the measure of house arrest save and suitable educational measures. ".



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



3. In section 78, paragraph. 1, after the word "his" shall be inserted the word "third".



4. In section 78, paragraph. 2, after the word "period", the words "for the convicted

the misdemeanor to three years and sentenced for the crime. "



PART THE FOURTH



The amendment of the law on misdemeanors



Article. (IV)



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 370/2000 Coll., the finding of the Constitutional Court declared under no.

52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.

265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.

285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.

47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.

379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.

57/2006 Coll., the Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.

115/2006 Coll., Act No. 135/2006 Coll., Act No. 181/2006 Coll., Act No.

213/2006 Coll., the Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.

226/2006 Coll., Act No. 215/2007 Coll., the Act No. 344/2007 Coll., Act No.

376/2007 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.

309/2008 Coll., Act No. 314/2008 Coll., Act No. 484/2008 Coll., Act No.

41/2009 Coll., Act No. 52/2009 Coll., Act No. 306/2009 Coll., Act No.

346/2009 Coll., Act No. 150/2010 Coll., Act No. 199/2010 Coll., Act No.

133/2011 Coll., Act No. 366/2011 Coll., Act No. 142/2012 Coll. and act

No 237/2012 Coll., is hereby amended as follows:



1. In section 47, paragraph. 1, letter (f)), the following new paragraph (g)), which read:



"(g)) as a visitor before the start of organized sports match, in

during or at the end of his face obscured in a manner

ztěžujícím or in the course of its identification ".



Letters g) and (h)) are referred to as letters of h) and (i)).



2. In section 47, paragraph. 2, after the words "$", the words ", for

offence referred to in paragraph 1 (b). g) fine to 10 000 CZK "and the words" g) and

(h)) "shall be replaced by the words" h) and (i)) ".



3. In section 86 (a). and after the words ") section 47 (a). (b) to (d))) ", the words" and

(g)). "



PART THE FIFTH



The amendment to the law on road traffic



Article. In



Act No. 361/2000 Coll., on the road, and about the changes

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

60/2001 Coll., Act No. 478/2001 Coll., Act No. 62/2002 Coll., Act No.

311/2002 Coll., Act No. 320/2002 Coll., Act No. 436/2003 Coll., Act No.

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

76/2006 Coll., Act No. 226/2006 Coll., Act No. 264/2006 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. 297/2011 Coll., Act No.

329/2011 Coll., Act No. 341/2011 Coll., Act No. 375/2011 Coll., Act No.

18/2012 Coll., Act No. 119/2012 Coll., Act No. 193/2012 Coll. and Act No.

197/2012 Coll., is hereby amended as follows:



1. In section 82, paragraph. 1 (a). (f)), the terms "vehicles or" shall be replaced by the words

"vehicles, the person that was imposed in criminal proceedings, a reasonable

limitations of the abstention of driving motor vehicles, or

the person ".



2. In section 94a, paragraph. 1, after the words "the prohibition on driving motor vehicles"

the words ", which was imposed in criminal proceedings, a reasonable

the restrictions inherent in the delay control of motor vehicles ".



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

enforcement of the sentence or after the expiry of the trial period, the conditional departure from

punishment with supervision, within which a reasonable restriction was imposed

relying on the abstention of driving motor vehicles, or after the decision

about abandoning this reasonable restrictions. "



4. In section 102 paragraph. 2 (a). (d)), after the words "this sentence", the words

"the date of the termination of the sentence, which was imposed a reasonable
limitations of the abstention of a motorized vehicle, the date of

the entry into force of the decision on the abandonment of this reasonable restrictions,

date of legal effect of the decision on the certificate in trial period

conditional discharge with supervision of the abandonment, in whose framework was

reasonable restrictions imposed in the abstention of motor control

vehicles, or the date on which it is considered that, at this time, there was a

the certificate ".



5. In section 102 paragraph. 3 (b). (b)), the word "vehicle", the words ",

the penalty, which was saved to the applicant a reasonable limit

relying on the abstention of the management of motor vehicle, or which have been

dropped from punishment with supervision, which was imposed a reasonable

the restrictions inherent in the delay control of motor vehicles "and the word

"the sentence" shall be inserted the words "or from a reasonable limitation of disqualification

in refraining from driving motor vehicles ".



6. In section 102 paragraph. 5, after the words "the prohibition on driving motor vehicles"

the words ", in which the penalty was imposed, the applicant

the reasonable limitation of the abstention of driving motor vehicles,

or which have been dropped from the punishment with the supervision, in whose framework was

reasonable restrictions imposed in the abstention of motor control

vehicles ".



7. In article 113, paragraph. 1 (a). (b)), after the words "the prohibition of the driving motor

vehicles ", the words", in which the penalty was imposed a reasonable

limitations of the abstention of driving motor vehicles, or

dropped from punishment with supervision, which was imposed a reasonable

constraints of delay control of motor vehicles ".



8. In article 119, paragraph. 2 (a). (j)), after the word "offences", the words ",

about reasonable limitations related to motor control delay

vehicles stored in the criminal proceedings ".



PART SIX



The EFFECTIVENESS of the



Article. (VI)



This law shall enter into force on 1 January 2005. October 2012.



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