of 12 October. June 1997,
amending and supplementing Act No. 141/1961 Coll., on criminal court proceedings
the Court (code of criminal procedure), as amended
Parliament has passed the following Act of the United States:
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 of the Czech National Council 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 award
The Constitutional Court of the Czech Republic No. 8/1995 Coll. and Act No. 152/1995 Coll.
shall be amended and supplemented as follows:
1. in section 70 is attached at the end of this sentence:
"Unless otherwise renowned international treaty binding on the Czech
Republic, the Tribunal taking the alien into custody also consular
authority of the State whose national is a citizen. ".
2. the following paragraph shall be inserted after paragraph 350a 350b up to 350f, that including the title above
§ 350b are added:
"The execution of a removal order
(1) as soon as he regains the legal judgment, which was liable to a penalty
the expulsion of the President of the Senate, shall send the prison regulation police of the Czech
States and invite at the same time of the convicted person from the United States to immediately
(2) if there is a concern that the convicted person, who is at large, will be
to hide or otherwise obstruct the execution of a removal order, the President of the
the Senate provide a reasonable deadline to obtain his affairs. This
period may not be longer than one month from the date on which the judgment became
(3) the time limit referred to in paragraph 2 may, President of the Chamber, at the request
the convicted person as well as extended repeatedly, up to 180 days from the date
When the judgment became legally valid, if the convicted person proves that he has made
all operations required to obtain travel documents and other
the formalities required for entry, but so far not from the United
States to go.
(1) if there is a concern that the convicted person will conceal or otherwise obstruct the performance of the
the penalty of expulsion, the President of the Chamber to decide on the withdrawal of the convicted person
the expulsion of the binding, unless its replacement guarantee, promise
or financial guarantee.
(2) if it is not apparent from paragraph 1 otherwise, the procedure for expulsion detention and
replacement guarantee, promise or financial guarantees are used
the provisions of title of the fourth section of the first.
(3) If a convicted person taken pursuant to paragraph 1 to the expulsion of binding requests
the President of the Senate, if necessary, to provide travel documents
required for executing a removal order to the police of the Czech Republic.
§ 350 d
If the condemned, which was liable to a penalty
the expulsion, imprisonment, it shall inform the President of the Chamber of
Regulation of the enforcement of a sentence of expulsion whether or not the relevant prison. Police Of The Czech
States in the regulation of the enforcement of a sentence under Section 350b of paragraph 1. 1 at the same time asks,
If it is needed, to provide the travel documents required for the performance of
the penalty of expulsion to this penalty immediately followed up on performance
If the Court decides about the abandonment of the imprisonment or
its remnant, on conditional release from imprisonment
or participate in the amnesty, which waived the rest of the sentence
in convicted, which was liable to a penalty of removal, shall inform immediately without
regardless of the legal force of such a decision the court competent for the enforcement of a sentence
expulsion and police of the Czech Republic; as well, the Ministry shall proceed
Justice in the case that the abandonment of imprisonment
or the rest of the Minister of Justice decided.
If at the time when the Court shall accede to regulation of the enforcement of a sentence of expulsion,
the convicted person already on the territory of the Czech Republic, the President of the Senate
Regulation of the sentence will send the police of the Czech Republic and other tasks
not performed. ".
3. In § 380 of paragraph 1. 1, after the word "representative" shall be inserted after the words: "in the
a public meeting ".
4. In § 380 of paragraph 1. 3 is deleted the word "regional".
5. the following paragraph shall be added to § 382 382a, which including the title reads as follows:
Abbreviated expended control
(1) if the person whose release it, before the Court declares that the
agrees to its release to a foreign State for criminal prosecution or to
the sentence for an offence that is mentioned in the request for extradition, the State
representative may refer the matter to the Justice Department with a proposal to
the Minister of Justice has authorized the release, without prior court ruled on the
the admissibility of the extradition.
(2) if the person whose release goes, your consent to the release of express
through the course of public sittings held on the admissibility of extradition, it may
State representative a proposal under section 380 paragraph. 1 take back and do
referred to in paragraph 1. The proposal may withdraw no later than the time before the Court
Removes the final consultation.
(3) the person whose release goes, must be advised in advance about the importance
consent to the release and about the consequences that come with such a certificate
associated. Consent cannot be undone.
(4) if the Minister of Justice Has doubts as to the admissibility of extradition,
as with it the person whose release goes, agreed, the thing
to return to the State Prosecutor, saying that it is necessary that the issue of the admissibility of the
First, under section 380 paragraph held. 1 Court. ".
6. the following section is inserted after section 389 389a, which reads as follows:
The Prosecutor's Office is examining initiatives to lodge a complaint for
violations of the law are addressed to him, or that he will advance
the Minister of Justice. To investigate is the competent public prosecutors ' offices
the immediate parent of the public prosecutor's Office, which was in the original
proceedings involved in the final stage. After examination of the State
the Prosecutor's Office shall submit to the Minister of Justice is of the opinion in which
propose either to defer the complaint or file a complaint for violation of the law. ".
This Act shall take effect on 1 January 2000. October 1997.
Zeman in r.
Havel, v. r.