The Amendment Of The Code Of Criminal Procedure

Original Language Title: Novela trestního řádu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=45403&nr=150~2F1997~20Sb.&ft=txt

150/1997.



LAW



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:



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 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



§ 350b



(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

his journey.



(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

legal power.



(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.



§ 350c



Binding removal



(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

the imprisonment.



§ 350e



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.



§ 350f



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:



"section 382a



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:



"section 389a



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. ".



Article II



This Act shall take effect on 1 January 2000. October 1997.



Zeman in r.



Havel, v. r.



Klaus r.