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.
Němcová in r.
Nečas in r.