The Amendment Of The Code Of Criminal Procedure

Original Language Title: Novela trestního řádu

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166/1998 Coll.


of 12 October. June 1998,

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

(code of criminal procedure), as amended

Parliament has passed the following Act of the United States:

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

Court of the Czech Republic No. 214/1994 Coll. of the Czech Constitutional Court

No. 8/1995 Coll., Act No. 152/1995 Coll., Act No. 150/1997

Coll., Act No. 209/1997 Coll. and Act No. 148/1998 Coll., is amended as follows:

1. In section 8 paragraph 2 reads as follows:

"(2) if in criminal proceedings is required for proper clarification

circumstances indicating that a crime has been committed, or in the

proceedings before the Court to assess the circumstances of the accused or for the performance of

the decision, the State Prosecutor and President of the Senate after the filing of the indictment

request data, which are subject to banking secrecy, and the data from the

registration of securities. The conditions under which the body active in criminal

control require the data obtained in the tax proceedings, lays down specific

the law. The data, which are subject to banking secrecy or data from

registration of securities or data which have been obtained in the tax

proceedings, cannot be used for any purpose other than for criminal proceedings, in which the

the framework was requested. ".

2. section 67 including title:

"§ 67

The reasons for custody

(1) the accused person may be taken into custody only if there are specific

the facts which justify the concern,

a) that will hide or flee, to criminal prosecution or

the sentence, especially if his identity cannot be immediately determine if the

the permanent place of residence, or where there is a high penalty to him,

(b)) that will act on yet nevyslechnuté witnesses or spoluobviněné

or otherwise thwart investigation of facts of relevance for the prosecution,


(c)) that will continue in the crime for which he is prosecuted, will

the offense, which attempted to, or execute a crime that

prepared or threatened to.

(2) in the preliminary proceedings, the Court may decide on taking the accused to the

binding or extension only if it is given by one of the

links for the reasons referred to in paragraph 1 and the facts found so far

It appears that the Act for which it was communicated to the accused, was

committed, has all the characteristics of an offence and are obvious reasons to

the suspicion that the accused committed the crime. ".

3. in the last sentence of paragraph 75, the number "24" is replaced by "48".

4. In section 76 para. 4 the last sentence, the number "24" is replaced by


5. In § 77 para. 1 the first sentence with the number "24" is replaced by "48".

6. In § 157 paragraph. 2 at the end of this sentence: "connects to examine

notification of the facts indicating that a crime has been committed

Act, the State Prosecutor also entitled to:

and to request from investigators and) a police authority, writings, documents,

materials and reports on the progress in examining the notification, the

(b) withdraw any thing) investigators or police authority and

take measures to ensure that the case was ordered to other investigators or

the police authority,

c) withdraw the thing the police authority and the reasons set out in this Act

order it by investigators,

d) temporarily postpone the initiation of criminal proceedings. ".

7. in Section 163a para. 1, after the words "of unauthorized use of Foreign Affairs by

§ 249.0 "the following words shall be added:" the unlawful interference with the right to a House,

apartment or to the nebytovému area under section 249 a of paragraph 1. 1. "

8. in paragraph 330, the following new section 330a, which reads as follows:

"section 330a

(1) where a suspended sentence was imposed to imprisonment with

supervision, the Court monitors the behavior of the convicted person and the respect of conditionally

imposed restrictions and obligations in a way that it justifies the Act.

Depending on the nature of the case asks for the interaction between public authorities, interest

Association of citizens and other institutions and individuals. In the exercise of supervision

a prisoner cannot be conditionally to impose other obligations than that

a result of the Act or of a conviction.

(2) the decision on whether to certify the convicted conditionally for which

He was torn by the sight, or whether it will order the performance of conditionally deferred

the sentence, shall apply mutatis mutandis the provisions of § 330 shall be used. ".

9. the following section is inserted after section 359 359a, which including the title reads as follows:

"§ 359a

Conditional waiver from the punishment with the supervision of the

Unless stipulated otherwise, the procedure for exercising supervision over

the prisoner, which has been conditionally waived punishment with supervision, and

the decision as to whether a convicted conditionally proved, or

It imposes a penalty, shall be used mutatis mutandis the provisions of § 330a. Imposing a sentence

a prisoner, which has been conditionally waived punishment with supervision,

the Court decides in the public meeting of the judgment. ".

Article II

This Act shall take effect on 1 January 2000. on 1 January 1999.

Zeman in r.

Havel, v. r.

Tošovský in r.

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