Amendment To The Act On Securing Assets And Affairs In Criminal Proceedings

Original Language Title: změna zákona o výkonu zajištění majetku a věcí v trestním řízení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=83936&nr=86~2F2015~20Sb.&ft=txt

86/2015 Coll.


LAW
Dated March 19, 2015,

Amending Act no. 279/2003 Coll., On the freezing of property and things
in criminal proceedings and amending certain laws, as amended
regulations, and other related laws

Parliament has passed this Act of the Czech Republic:
PART ONE


Change Act on securing assets and affairs in criminal proceedings

Art. I

Act no. 279/2003 Coll., On the collateral property and affairs in criminal
management and amending certain laws, as amended by Act no. 112/2006 Coll.
Act no. 113/2006 Coll ., Act no. 253/2006 Coll., Act no. 218/2009 Coll.
Act no. 420/2011 Coll., Act no. 18/2012 Coll. and Act no. 193/2012 Coll., is amended as follows
:

First The title of Part One, the words ", things and other assets"
replaced by "and things".

Second Under the heading of Part One, the following description and title for a new Title I, which
added:

'TITLE I

GENERAL PROVISIONS ".

Third § 1 reads:

"§ 1

(1) This Act establishes the procedure for enforcement to ensure
property or designated part thereof for the purpose of serving or satisfying
claim the victim in criminal proceedings and the administration of such property
as well as management Affairs and substitute values ​​issued, withdrawn or otherwise
seized in criminal proceedings (the "Property").

(2) According to this Act shall be also in the implementation of
securing assets issued in the context of international judicial cooperation in criminal matters
for the purposes referred to in paragraph 1 and asset management
detained under the Act on international judicial cooperation in criminal matters
.

(3) According to this law is not followed in the administration of things that authority
law enforcement took into custody for the purpose of evidence.

(4) The authority for the purposes of this Act and for sale.

(5) of the indictment, the proposal for approval of the plea bargain,
punishment proposal, a proposal to prevent things or design to prevent
replacement value under the Criminal Procedure Code passes belonging to the management of seized property
on the court. The prosecutor forwards along with the prosecution or
proposal referred to in the first sentence of the court all the documents relating to the operations
made in the management of seized property in pre-trial proceedings.

(6) The provisions of this Act on the procedure of the court shall similarly enjoy on progress
prosecutor. The provisions of this Act on the procedure of the court in the administration
seized property shall similarly enjoy also of the police, who
about seizure of assets held, called for the release of the thing or
issued an order to withdraw the case under the Criminal Procedure Code; before deciding to sell seized property
police authority is obliged to inform the public
representative that the property is to be sold, except in cases where
to be sold perishable thing. The Acts governing
infringes the fundamental rights and freedoms and which, according to Penal Code
decided in pre-trial judge decides under this Act
judge to the public prosecutor.

(7) The provisions of this Act, which speaks of the accused, mutatis mutandis
enjoy on another person, which was seized assets in criminal proceedings.

(8) Unless specified otherwise in this Act, the court shall proceed in his
decision on the freezing of assets and in the management of seized property by
Criminal Procedure. ".

Footnotes Nos. 1 to 1e are deleted.

Fourth The heading of § 2 is deleted.

Fifth Under § 1, the following description and the title of the new Title II are added:

'TITLE II

Execution of decisions for freezing property ".

6th Under the heading of § 2, the following heading "General measures".

7th In § 2, paragraph 2 reads:

"(2) The court which decided on the collateral on this decision and notify the person
authorities, of which he is known to have the hedged asset or other
emptive right or lead management, which was limited exercise of the right to dispose of property seized
. If it has been assured property law, the court
delivers the seizure also accused the debtor and shall order
adequate performance turned in his custody or other place designated by
. By passing performance subject to escrow or other designated place
obligor, to the extent provided performance will be fulfilled. ".

8th In § 2, paragraphs 3 and 4 are added:


"(3) The court which decided on the collateral of the fact
promptly inform the authority which under special laws keep records
assets that have been secured, and simultaneously invite him to take if it finds
that the property which has been seized, treated so that it may be thwarted
or hindering the purpose of detention, he immediately announced this fact.
Been sought pursuant to the Cadastral Act, an application for registration of rights to real estate
in the Land Registry on the basis of a legal act which
accused disposes of the property, before issuing the decree on its
secure and yet not of it the competent authority of a final decision, losing
petition their legal effects on the date of coming into force of the resolution on
secure it.

(4) If a transfer or to establish a right to the hedged asset
required to register kept under special legislation, after an
notification made in accordance with paragraph 3 of such registration be done only with the prior
approval of the court which decided on the collateral; in the case of write
rights secured by the property in the Land Registry by
Cadastral Act requires such consent only if it is
notation made on the basis of the legal proceedings which the accused is treated with
real estate. ".

9th Under the heading of § 3 the following title "Exclusion of things."

10th In § 3, at the end of paragraph 1 is replaced by a comma and
letter f), which reads:

"F) animals in which the economic effect is not the main purpose of breeding and accused
which serves as his companion.".

11th In § 3, paragraph 2 reads:

"(2) The execution of the decision on detention are also excluded
cash benefits for persons with disabilities and the care allowance, benefits in
material poverty and state social support and housing allowance
lump welfare benefits and foster care
and up to the base amount that may be deducted from the monthly salary
for enforcement under the civil Procedure Code

A) the accused claims to remuneration from the employment relationship
relationship or similar relationship pracovněprávnímu,

B) claims the accused to pay maintenance

C) claims for the payment of sickness and pension insurance

D) state social benefits and foster care, which is not
paid once. ".

Footnote. 2a is repealed.

12th In § 3 the following paragraph 3 is added:

"(3) The enforcement of the collateral property for the purpose of satisfying
victim's claim under the Criminal Code are also excluded other things
not subject to enforcement by
Civil Procedure.".

13th Under the heading of § 4 the following title "Exclusion of things on a proposal
concerned persons".

14th In § 4, at the end of the text of paragraph 3, the words "which has
suspensive effect".

15th In § 5 para. 2 point. a) after the word "respect" the words "or
relationship like relationship pracovněprávnímu".

16th In § 5, paragraphs 5 and 6, including footnote no. 2 repealed.

17th § 6 para. 7, the words "where appropriate" is replaced by "
option".

18th § 6 para. 9, the words "under a special legal regulation 3) or
under a special law shall decide on their odnětí4) '
replaced by" or decide to withdraw the Criminal Code. "

Footnotes Nos. 3 and 4 are deleted.

19th The heading of § 7 reads:

"Finding securities dematerialized securities, cash
funds and other intangible things."

20th In § 7 Subsection 1 reads:

"(1) Book-entry Securities court writes after he learns that these
dematerialized securities are recorded in the corresponding accused
records under special laws; if necessary, or in cases of doubt
seek a report from the authority or person authorized to maintain such records
. After writing a book-entry securities
court authority or person authorized to maintain appropriate records under special legislation
tell you which book-entry securities of the accused were
drafted, the date of writing and will issue an order to ensure the right to dispose
sided with the book-entry securities. ".

21st In § 7 para. 3 and 4, the word "documentary" is deleted.


22nd In § 7 para. 3, the words "; Always fold "are replaced by" a lodge with
. "

23rd In § 7 at the end of the text of paragraph 4, the words "or on any other court of
designated place; the provisions of § 2 para. 2, third sentence is used similarly
".

24th In § 7 para. 5, the words "and other assets" are replaced by "
, dematerialized securities and other intangible things" and "
special legal regulation 5)" is replaced by "Criminal Procedure Code".

Footnote. 5 is repealed.

25th In § 8. 1, first sentence, the words "verified that the competent
Cadastral Office" is replaced by "verified this fact in the real estate
via remote access."

26th In § 8. 1, the third sentence including the footnote no. 6 repealed.

27th In § 8 par. 3, the first sentence is replaced "The court shall notify
order to secure the property tax office and municipal office, in whose district the
secured property is located, and the resolution published on the official board of the court
. ".

28th Under § 8, the following description and the title of the new Title III shall be added:

'TITLE III

MANAGEMENT seized property. "

29th Under the heading of Title III, the following § 8a, including the heading reads:

"§ 8a

Purpose governance and accountability manager

(1) The assets seized in criminal proceedings shall be managed in accordance with this Act
if it is legally required to act or to take the necessary steps to prevent
gratuitously to a reduction in value of the hedged asset or its
reduction or so the property is expected to increase.

(2) For the purpose of administration administrator performs the necessary extent
rights and obligations associated with secured assets whose performance he
admits this Act or whose performance has been accused by the court prohibited.
Manager performs respective rights and obligations under the secured nature
assets and rights associated with it in accordance with this Act and special
legislation and in accordance with the mandate or contract administration;
Doing so properly and conscientiously.

(3) Unless special legislation provides otherwise, the administrator is responsible for damage caused during
administration performance by him or persons who used to
perform its tasks to anyone who has been caused in connection with the performance || | of the activity; this liability shall be released if he proves that the damage
could not have been avoided even if all reasonable efforts, which may require him to
.

(4) The administrator shall have a period of performance of the management contract of
liability insurance or other harm that could
arise in connection with performance management; This does not apply if it corresponds to
for his work stand by the law on liability for damage caused during
exercise of public authority decision or maladministration.
The contract shall cover the responsibilities of a trustee for the damage that is caused
his act or omission in the performance of functions of administrator or
in connection with or act or omission of its employees in the exercise of his functions
where the venue or omissions occurred during the period of insurance
. This contract administrator shall conclude, within 5 days
after being charged with the administration or with him was negotiated management agreement,
and immediately after the conclusion of the document this fact to the person who commissioned it
performance management, or with the negotiated management agreement.

(5) The indemnity limit stipulated in the contract of insurance
liability referred to in paragraph 4 must be at least CZK 1 000 000 for
per event; for administrators based on secured rights to share
acts as a statutory body in the business
Corporation, whose annual net turnover according to the Accounting Act for
last accounting period preceding the authorization to administer reached at least the amount
100 000 000 CZK, or who employs at least 100 employees in
employment must be a limit of indemnity of at least 10 000
000 CZK for one insured event. ".

30th In the heading of § 9 of the word "management" is replaced by "Administrator".

31st In § 9. 1 introductory part of the word "decided"
words "or who switched nationality to manage under § 1
paragraph. 5 '.

32nd In § 9, after paragraph 1 the following paragraph 2 is added:

"(2) If ensure the rights related to the share in the business

Corporation that allow to participate in the management of business corporations, and
if needed to administer the share of the business corporation (hereinafter
"management shares"), the court referred to in paragraph 1 shall designate the person managing the share | || registered in the list of trustees, which were given special permission by
law on insolvency administrators; If not so
proceed entrust the management of the share of different insolvency administrator. If
special legislation binds ownership stake or performance
statutory body in a business corporation to meet certain specific
conditions, these conditions may not be met with the administrator of the share; However, if either of
of trustees meets these conditions, the court appoints an administrator
preferred share. Insolvency administrator may
mandate to manage the share refuse only for important reasons to assess court
referred to in paragraph 1. The court referred to in paragraph 1 shall authorize a management share
insolvency administrator, if it has reasonable doubts about his
impartiality. ".

Paragraphs 2 to 5 shall be renumbered 3 to 6

33rd In § 9, paragraphs 3 and 4 are added:

"(3) The Administration secured

A) things of which there is a reasonable suspicion that they were obtained in connection with
violation of customs regulations or legislation governing the management
excise duties, performs the Directorate General of Customs,

B) of radioactive waste and sources of ionizing radiation carries
Managing Radioactive Waste Repository

C) specimens of plants and animals regulated pelts and products
seals and other individuals protected under the Act on Trading
endangered species and individuals of specially protected species of flora and fauna
and wild birds are protected under Law on protection of nature and landscape
performed by the Czech environmental Inspectorate,

D) weapons, ammunition, explosives and ammunition, addictive substances and precursors, including
equipment for their production, products containing addictive substances
and other hazardous substances carries county police headquarters, in whose territorial jurisdiction
It is the seat of the court, who leads the criminal proceedings.

(4) If a person who has under paragraph 1 of the secured assets management
perform, provide an administration itself, provide it with the nature of seized property


A) under mandate through a branch of state or government organization
competent to manage certain state assets, or

B) under contract through another person doing business in a particular area or
sufficiently qualified to provide management of
asset for an agreed fee or free of charge. ".

34th In § 9. 5, the first sentence the number "3" is replaced by "4" and part
after the semicolon including the semicolon is deleted.

35th In § 9. 5, the first sentence inserted the sentence "
contract may be concluded for the performance of sub-legal act or transaction involving
seized property. If the object of contract performance management
consisting of the sale of seized property, there must be agreement on how
determination of the purchase price and the sale process. ".

36th In § 9, paragraph 6 reads:

"(6) The Office of the Government Representation in Property Affairs
or court bailiff shall promptly inform the court referred to in paragraph 1 of the procedure according to paragraph 4
. and); secured assets can pass to the management contract
administrators pursuant to paragraph 4. b) only with prior approval of the court of
. ".

37th In § 9 paragraphs 7 and 8 are added:

"(7) The authorization to manage seized assets is a measure which must be
writing and contain mainly the authority that issued the credential
, marking the authorized administrator and the rights and duties associated with the exercise
administration. The commission or the attached schedules is needed
properly and unmistakably identify the secured assets, which
mandate concerns. Credentials can also be issued for the performance of sub-legal
conduct or action associated with secured property.
Credentials are not issued to manage the property referred to in paragraph 3. The authority referred to in paragraph 1
commission may at any time revoke in writing and under conditions stipulated by this law
authorize another manager, to conclude an agreement on
Administration, or secured assets managed by himself.


(8) The mandate to manage the seized property pursuant to paragraph 1. b)
and 2 shall inform the person to whom the seized assets;
entrusting the management share is also notify the business of the corporation. The abolition
credentials, the credentials of another manager and conclusion of a management contract with
notify persons that were notified of the mandate to manage assets seized
in the first sentence. ".

38th § 10 including the title reads:

"§ 10

The rights and obligations of the

(1) The trustee is obligated legally to act to prevent a reduction
value or reduce the seized property, especially

A) timely claim for damages and to surrender the
unjust enrichment

B) continuously monitor whether debtors timely and properly fulfill their obligations to
hedged assets, timely implement and enforce laws that otherwise
belongs to the owner or owners of seized property, or other person authorized
with property treat, and prevent prescription or extinction
those rights

C) to invoke the invalidity of a legal action by the accused in
contrary to the prohibitions imposed on it by decision on freezing property
under the Criminal Code.

(2) Movable assets that have been issued or the accused had been withdrawn, the manager
also obliged to properly secure and protect against spoilage
particularly against damage, destruction, loss, theft or misuse
and perform necessary tasks designed to preserve the value of things.

(3) The trustee is to protect the secured assets in judicial, administrative or other
control all acts that are otherwise entitled to make
its owner or the owner or other person authorized to dispose of the property
.

(4) The manager leads secured assets in a transparent and clear manner in
records, not until the final disposition of the property;
secured assets are not subject to accounting and inventory.

(5) Other duties related to the hedged assets than those referred to in paragraphs
1-4 Administrator carries. Other rights related
seized property manager performs in order to protect the secured
assets only to the extent to which the accused has been banned by a court
Criminal Procedure Code. The manager is not entitled to use the secured assets,
lease, encumber or transfer to another person.

(6) For the purposes of good management of seized property manager
is entitled to take all necessary steps, in particular, is entitled to inspect
accounting records, contracts and other documents relating to the hedged
property and enter the space where they are located; accused, as well as other
person against whom action is carried out, managers are obliged to provide all necessary assistance
. If the person referred to in the first sentence
without sufficient excuse disobeyed an order or does not comply with the call manager and
fail to provide necessary assistance, it may the court impose a disciplinary
fine of up to CZK 50 000; If disobeys any order or challenge the person
acting as a legal person may be a legal person which
represents a disciplinary fine of up to CZK 500 000; about how they should be
people learn in advance. Against a decision to impose a disciplinary fine is permissible
complaint with suspensive effect; decisions on complaints
is similarly enjoys § 146a of the Criminal Code. ".

Footnotes Nos. 7 to 9 are deleted.

39th Under § 10, the following new § 10a and 10b, which, including the title added:

"§ 10a

Administration share

(1) The manager responsible for managing the share pursuant to § 9. 2 enters
secured the rights of shareholders, or a team member and
performs the extent required in accordance with this Act and the Trade
corporations.

(2) If to achieve the purpose of governance need to replace one or more
members of the statutory body of the corporation and ensuring the rights of such
approach lets an administrator, the administrator shall convene the supreme body
business corporations, and through it reaches their appeal and allowed to choose their place
Geitner;
provisions of the Business Corporations integrity of a member of the body of a corporation and its
demonstrating a number of members of a statutory body of the corporation
and the minimum time limits for notification deadline meeting of the highest organ
business corporation shall not apply.


(3) At the request of the court administrator is obliged him to submit to it within a reasonable period specified
report on its activities in the exercise of government share;
a message administrator is obliged to provide the court always within 15 days after
expired or been revoked its mandate to manage share.

(4) The administrator credentials to manage the stake expires

A) termination of his right to practice as insolvency administrator by
law on insolvency trustees,

B) the cancellation of its permit or special permit under the Act on
insolvency trustees,

C) termination of business corporations without legal successor, or

D) his death.

(5) The provisions of paragraph 4 shall not affect the court permission to cancel the authorization
administrator for other reasons.

(6) If the administrator performs the share at the time of termination or cancellation
mandate as member body of a corporation, this office shall expire on the date of termination or cancellation
mandate; When commissioned, the court administration
share under this Act, a new trustee within 14 days after it has been revoked or expired credentials
former administrator, transferred to a new administrator would
duty on its behalf administration. Legal matters arising prior
administrator as a member of a statutory body of the corporation at the time
between the cancellation or termination of its mandate and when the cancellation or termination of the mandate
learns remain valid if approved new || | statutory body. The existing trustee is obligated to provide new
administrator, liquidator or insolvency administrator, on request
necessary assistance, in particular to inform it made legal
negotiations.

§ 10b


Share Reward Manager
(1) The manager responsible for managing the share pursuant to § 9. 2
is entitled to remuneration and reimbursement of cash expenses.

(2) Reward Manager, on the basis of secured rights to share
performs the function of a member of the statutory body of the corporation, and its replacement
cash expenses are paid from the assets of a business corporation. If insufficient
Estate business corporation wholly or partly to pay for administrator and rewards
to replace its cash expenses are borne by the state. Reward trustee who administers the shares
not a member of its statutory body, and
reimbursement of his cash expenses paid by the state.

(3) The court shall decide on a proposal from the administrator of the amount of his remuneration and in case
cash expenses paid by the state, also on the amount of its cash expenses;
Proposal manager must contain a statement of remuneration and cash expenses
with the proposed level of reimbursement of cash expenses
administrator is obliged to provide proof and substantiate their effectiveness and reasonableness.
Against this ruling a complaint which has suspensive effect.

(4) When determining the amount of remuneration Administrator court based on the fact that
administrator performs the business corporation as member of the statutory body, and the amount of turnover
business corporations. If you can not pay the amount administrator
determined according to these criteria, the court takes into account when determining the amount
the length of the period of performance management, scope and complexity of the activities performed
manager, and in case the manager of the business corporation as member | || statutory body, the court takes into consideration also to the remuneration of other members
statutory body or, if no such statutory body members,
into account the amount of remuneration of former members of the statutory body.

(5) In cases where the compensation and reimbursement of cash expenses paid manager
State pays to the court from the state budget.

(6) The court may in the course of managing the share
decide to pay advance fees and reimbursement of cash expenses administrators, and even repeatedly.

(7) The method of determining remuneration and cash expenses
Administration administrator to share, the maximum allowable amount of remuneration and cash expenses
paid by the state and the method of payment shall be laid down
regulation. ".

40th § 11 and 12, including titles added:

"§ 11


Administration Costs
Costs necessary for the proper performance of the management of seized property shall be borne by the court of
funds from the state budget, unless specific legislation regulating
handling seized property do not pay them any other way
.

§ 12
Sale of seized property


(1) The court may decide to sell secured assets with the prior consent of the accused
; approval to sell may be given in writing or

Orally to the protocol. The accused in this case may express binding
to the lowest price at which the property may be sold; on this right must be instructed
.

(2) Without the consent referred to in paragraph 1, the court may decide to sell
seized property if it can be reasonably assumed that

A) succumbs to perishable or other hard avoidable harm,

B) will rapidly lose market value, especially in the case of motor vehicles and electrical
,

C) performance management will be a prohibitive cost, or

D) performance management will require special handling or conditions
special competence that can be provided only with disproportionate difficulties
.

(3) In the case of the conditions laid down in this Act is authorized
or contract administrator is obliged to request the court
sale of secured property; on such a proposal the court decides immediately upon receipt.

(4) When determining the purchase price and the sale proceeds

A) Court reasonably under special laws governing the sale
things in judicial enforcement

B) other criminal justice, the regional office of the Office for
Government Representation in Property Affairs, government department or government organization
appropriately under special laws governing
governed state property management ,

C) the executor reasonably under special legislation
execution,

D) administrator responsible for managing the share appropriately in accordance with the Law on Public
auctions

E) contract administrator in the manner agreed in the contract.

(5) The amount of money obtained by selling the lodge into court custody.

(6) The decree under paragraph 1 and paragraph 2. b) to d)
admissible complaint which has suspensive effect. On deciding
complaint against a decision pursuant to paragraph 2. c) or d) is similarly used
§ 146a of the Criminal Code. ".

41st Under § 12, the following description and the title of the new Title IV, added:

'TITLE IV

FINAL PROVISIONS "

42nd Under the heading of Title IV, the following § 12a is inserted:

"§ 12a

The Ministry of Justice will issue a decree to implement § 10b paragraph. 7. ".

Art. II


Transitional provisions
Provisions of this Act on liability insurance for damage or other
harm that could arise in connection with the performance of management, the
not apply to contracts entered into before the effective date of this Act
.
PART TWO


Amendment of Criminal Procedure

Art. III

Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
Act no. 57/1965 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., Law no. 178 / 1990 Coll., Act no. 303/1990
Coll., Act no. 558/1991 Coll., Act no. 25/1993 Coll., Act no. 115/1993 Coll
., Law no. 292 / 1993 Coll., Act no. 154/1994 Coll., the Constitutional court announced
under no. 214/1994 Coll., the Constitutional court ruling promulgated under
no. 8/1995 Coll., 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. 191/1999 Coll., Act no. 29/2000 Coll., Act no.
30/2000 Coll., Act no. 227/2000 Coll., the Constitutional court announced
under no. 77/2001 Coll ., Act no. 144/2001 Coll., Act no. 265/2001 Coll.
Constitutional court ruling promulgated under no. 424/2001 Coll., Act no. 200/2002 Coll
., Act No. . 226/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 279/2003 Coll., Act no. 237/2004 Coll., Act no. | || 257/2004 Coll., Act no. 283/2004 Coll., Act no. 539/2004 Coll., Act no. 587/2004 Coll
., the Constitutional court ruling promulgated under no. 45/2005 Coll. ,
Constitutional court ruling promulgated under no. 239/2005 Coll., Act no. 394/2005 Coll
., Act no. 413/2005 Coll., Act no. 79/2006 Coll., Act.
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., finding
Constitutional court promulgated 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.
Law 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 Coll .,

Act no. 41/2009 Coll., Act no. 52/2009 Coll., Act no. 218/2009 Coll.
Act no. 272/2009 Coll., Act no. 306/2009 Coll. , the Constitutional court ruling
promulgated under no. 163/2010 Coll., Act no. 197/2010 Coll., finding
Constitutional court promulgated 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 Constitutional court ruling promulgated under no.
43/2012 Coll., Act no. 193/2012 Coll., Act No. . 273/2012 Coll., Act no. 390/2012 Coll
., Act no. 45/2013 Coll., Act no. 105/2013 Coll., Act no. 141/2014 Coll
. and Act no. 77/2015 Coll., is amended as follows:

First In § 42 para. 1 and § 349b, the words "or other property value"
deleted.

Second In § 42, the following paragraph 4 is added:

"(4) If the seized or if by design to be seized thing that is
part of the assets of the trust or mutual fund, has
in criminal proceedings as an interested person or trustee
Management Company mutual fund. ".

Third In § 47 para. 1, "there is a reasonable concern that satisfying the claim
damaged damages or non-pecuniary damage caused by the criminal act or
unjust enrichment obtained offense
would be obstructed or impeded" replaced by "was injured when
offense caused damage or damage was, or gained if
accused of such offense at his expense unjust enrichment".

Fourth In § 47 at the end of the Subsection 1, the sentence "Ensuring can not claim
which can not be filed in criminal proceedings. To ensure you can not use the property
who is under a special law precluded from exercising
decision on detention. ".

Fifth In § 47 paragraph 4 reads:

"(4) The court, in preliminary proceedings, the prosecutor in order to ensure
prohibit the accused to the property referred to in the decision and ensure
possibly also property that will be in the performance of such a decision drafted,
after notifying the resolution transferred to another or burdening him or make him
intentionally harmed or destroyed. Furthermore, he saves the presiding judge and the
preparatory proceedings the prosecutor within 15 days of notification and resolution
subsequently listed property in their prescribed deadline whether he and who has
to the hedged asset or other pre-emptive right or whether another
way limited exercise of the right to dispose of, and it is ensured
property law, also who is responsible to provide adequate
filling, warning of the consequences of failure to comply with such request within the prescribed period
(§ 66). If it is necessary for hedging purposes, may be in the order of
collateral or even in a supplementary resolution to prohibit or restrict the exercise also
other rights associated with secured assets, including the rights
incurred only in the future. Legal transactions made in violation of the prohibitions
mentioned in the first sentence and the third is invalid, the invalidity
court will take into account its own motion; about the accused must be learned. ".

6th In § 47 paragraphs 5 and 6 are deleted.

Existing paragraphs 7 to 10 shall be renumbered 5 to 8

7th In § 47 para. 5, the words "enforcement" the words "
execution or insolvency proceedings".

8th In § 48 par. 2, the second sentence deleted.

9th In § 48, the following paragraphs 3 and 4 are added:

"(3) For important reasons, the court and pre-trial
state representative to the proposal of the accused to enable execution of the act, which concerns
seized property.

(4) The accused has the right to request cancellation or restriction of reinsurance;
On this application the court and pre-trial prosecutor, who decides
about it, inform the victim whose claim has been secured. It
If the request is rejected, the accused may, unless in her new reasons
again only after 30 days from the legal force of such a decision. ".

10th In § 49, the words' exemption from security "is replaced by" permission
execution of the act. "

11th In the first part of the fourth title of the head, the words "CASES AND OTHER
property values" are replaced by "and things".

12th In the first part of the fourth chapter in the fourth section heading reads: "Ensuring
things."

13th In § 78 para. 1, after the word "self" the word "substantial".

14th In § 78, the following paragraphs 4 to 8 are added:


"(4) If the released material thing, to which are attached rights to be
ensure progress while ensuring their appropriate in accordance with § 79e.

(5) A person who is issued a material thing, not for securing such a thing
transferred to another person or encumber it. Legal negotiations
made in contravention of this prohibition is void; Court to take into account the invalidity without
proposal. This needs to be the person to learn.

(6) criminal justice referred to in paragraph 3 saves a person who
material thing has issued to him by the deadline stated whether and
who has issued a pre-emptive or other things right, or whether
is another way limited exercise of the right to dispose of it, warning of the consequences of non-compliance
such notice within the prescribed period (§ 66); to ensure material things
subsequently notify the persons and bodies, of which he learns that they have
such things preemption or other law or conduct the proceedings in which the
limited law enforcement to deal with. The seizure also
promptly inform the authority which under other laws
keep records of such things.

(7) The administrative procedure seized material things
provides specific legal regulation.

(8) Paragraphs 4 to 7 are not material things that
body active in criminal proceedings took into custody solely for the purpose of evidence. ".

15th In § 79 par. 1, after the word "If" the word "material".

16th In § 79 par. 2, the words "issued the withdrawal of" the word "material".

17th In § 79 para. 4 the word "withdrawal", the word "material".

18th In § 79 para. 5, after the word "withdrawn" the word "material".

19th In § 79 par. 6, after the word "that" the word "substantial" and
word "was" is inserted after the word "material".

20th In § 79 at the end of the text in paragraph 6, the words "and
written instruction that issued or withdrawn material thing can not be converted to
someone else or her weight, while the legal proceedings made in contravention of this
prohibition is invalid. "

21st In § 79, paragraph 7, which reads:

"(7) ablate material thing that was not law enforcement authority
proceedings taken into custody in order to obtain evidence to reasonably
enjoys § 78 para. 4 to 8".

22nd In § 79a paragraph. 2, the words "banking union, which means the number
account and bank code, and" replaced "account number".

23rd In § 79a paragraph. 2, the fifth sentence following the sentence "
Legal transactions made in contravention of the prohibition laid down in the decision is invalid, the invalidity
court to take into account its own motion; that is what must be the account holder
learn. ".

24th In § 79a paragraph. 2 seventh sentence after the word "decision" the words
"execution or insolvency proceedings".

25th In § 79a paragraph. 2 sentence of the eighth, the words "enforcement"
inserted the word "execution or insolvency proceedings" and the word "done" with
words "or if these funds in execution
or insolvency proceedings handled ".

26th In § 79a at the end of the text of paragraph 5, the words "which has
terms of securing the abolition or reduction of suspensory effect".

27th In § 79a, the following paragraph 6 is added:

"(6) To manage secured funds in a bank account
determined by special legislation.".

28th In § 79b after the word "contribution" the words "blocking
funds supplementary pension savings."

29th In § 79b, the words "The decision making process of securing and
removal or restriction of security" replaced by the word "otherwise".

30th In § 79c Subsection 1 reads:

"(1) If the decision or the presiding judge in the preliminary proceedings
state representative for collateralisation of securities
authority or person authorized to maintain appropriate records under other laws
ensure the right of the owner to dispose of these book-entry securities;
If they belong to this right other authorized person shall ensure that person is. ".

31st In § 79c paragraphs 3 and 4 are added:

"(3) In order to ensure the dematerialized securities are those to whom
been dematerialized securities secured forbids that after the announcement
order entry securities transferred to someone else or is
encumbered, and he shall be the authority responsible for criminal proceedings, which

Decided to ensure, within 15 days from the notification of said resolution, whether someone has
book-entry securities or other pre-emptive right, or whether it is another way
limited exercise of the right to dispose of them, pointing || | consequences of failure to comply with such a request within the prescribed period (§ 66).
Body active in criminal proceedings, which decided on the collateral may
according to the nature and circumstances of the offense for which he is prosecuted in
decision on detention or in subsequent decisions to ban or restrict
also exercise other rights associated with the seized
book-entry securities, including rights only in the future
incurred; while ensuring their proceeds adequately pursuant to § 79e. Legal
negotiations made in breach of the prohibitions set out in the first and second sentences
is invalid, the invalidity of the court to take into account its own motion;
about the need the person to whom the book-entry securities secured learn.

(4) criminal justice, which decided on the collateral on this
decision to inform the people and institutions of which it is aware that they have secured
book-entry securities or other pre-emptive rights or | || lead management, which was limited exercise of the right to dispose of them. ".

32nd In § 79c after paragraph 4 the following paragraph 5 is added:

"(5) The reasons for the collateralisation of securities on
procedure when deciding on securing, managing a secured
book-entry securities of enforcement, execution or insolvency proceedings
and revocation or limitation of collateral is adequately
enjoys provisions of § 79a. ".

The former paragraph 5 is renumbered paragraph 6.

33rd In § 79d paragraph 2 reads:

"(2) In order to ensure properties are those to whom the property was
assured disables the resolution after the announcement property transferred to another
or burdening it or that it deliberately harmed or destroyed, and || | saved him authority to law enforcement, which decided on
ensure, within 15 days from the notification of said resolution, whether someone has
property or other right of pre-emption, or whether it is another way limited
exercise of the right to dispose of it, warning of the consequences of such non-compliance
request within the prescribed period (§ 66). Legal transactions made in contravention of this prohibition
is invalid, the court shall take into account the invalidity without
proposal; that is what should be the person to whom the property was secured, learn.
A copy of the seizure, the body referred to in paragraph 1
competent Cadastral Office and also invite him to take if it finds that the real estate collateral
treated so that it may be thwarted or hinder its purpose
ensuring him of this fact without delay.
State representative sends the appropriate land registry office a copy of the decision to cancel
real estate collateral in paragraph 1 ".

34th In § 79d paragraph. 3, the words "property owner" shall be replaced
"the person to whom the property was secured," and the words "property owner"
be replaced by "Whoever property was secured".

35th In § 79d paragraph. 4, the first sentence is replaced "
authorities active in criminal proceedings, which decided to ensure this decision
inform the people and institutions of which it is aware that they have secured the property || | pre-emption, lease or other right or lead management, which was
limited exercise of a right to dispose of it; furthermore shall communicate it to the tax office and
local authority in whose district the property is secured. ".

36th In § 79d paragraph 5 reads:

"(5) The registration of the ownership or other rights secured by the property at
basis of a legal act which the person to whom the property was secured,
handles property can after informing the relevant cadastral
Authority pursuant to paragraph 2 allow only with the prior consent of the authority that
decided to seize under paragraph 1. Where according to the cadastral Act
filed for registration of rights to immovable property in the Land Registry on the basis
infringement which the person to whom it is
property subsequently ensured, dispose of the property, before issuing the decree on its
secure and yet there was not a competent authority
finally decided the petition loses its legal effects on the date of entry into legal force of a
about her security. ".

37th In § 79d paragraph. 6, the word "enforcement", the words "

Execution or insolvency proceedings "and the word" done "are inserted
words" or if it is with such a property in execution or insolvency proceedings
handled ".

38th In § 79d paragraph. 8, "The owner of the property, which was secured
" replaced "Whoever property was secured" and
words "by the owner of the property, unless in her new reasons, repeat" | || be replaced by "be administered repeatedly, if not stated in her new
reasons".

39th In the title of § 79e and § 79e paragraph. 1, 7 and 8, the words "other property
values" are replaced by "intangible things".

40th In § 79e paragraph. 1, first sentence, the words "property value" shall be
words "intangible thing", the word "79d" is replaced by "79c" and the words
"property values" are replaced by "intangible things" .

41st In § 79e paragraph 2 reads:

"(2) In order to ensure that the intangible things, who was assured intangible
thing, disables to her announcement resolutions transferred to another
or her weighted. If it is necessary for hedging purposes, may be in order to ensure
immaterial things, or even in a supplementary resolution to prohibit or restrict
also exercise other rights related to intangible
hedged items, including the rights of a future incurred.
Legal proceedings taken against the prohibitions set out in the first and second sentences
is invalid, the invalidity of the court to take into account its own motion;
about the need of the one who was assured intangible thing, to learn. ".

42nd In § 79e is inserted after paragraph 2 new paragraph 3 is added:

"(3) A person who has been ensured intangible thing, with further stores to the authority
law enforcement, who decided to ensure, within 15 days of notification
resolution to that and who has intangible things
preemption or other law or whether it is another way limited exercise of a right to dispose of it,
and if it was secured property law, also who is responsible
provide adequate performance, warning of the consequences of non-compliance | || such a request within the prescribed period (§ 66). The resolution is the one who is
intangible thing assured, also prompts the release of all documents whose
submission is required to exercise certain rights secured
intangible things, warning of the consequences of failure to comply with such request within the specified | || deadline (§ 66 and 79). These documents will be put down, folds into custody organ
law enforcement, which decided on the collateral. ".

Former paragraphs 3-8 become paragraphs 4 to 9

43rd In § 79e paragraph 4 and 5 are added:

"(4) criminal justice, which decided on the collateral on this
decision to inform the people and institutions of which it is aware that they have secured
intangible things first refusal or other right or lead proceedings in
which was limited law enforcement to deal with. The seizure
also notify the one who has to provide adequate performance, and saves him
to compose the subject of performance in its custody or other place designated by
. By passing performance subject to escrow or other designated place
obligor, to the extent provided performance meets.
Resolution on ensuring the intangible things debtor notified before that, who was
intangible thing assured, if the debtor is known. The seizure
stake in the business corporation to notify a business corporation.

(5) criminal justice, which decided on the collateral on this
decision promptly inform the authority which under other legal provisions
keep records of intangible things that have been secured, while it
prompts that if you find that it is assured intangible things
treated in such a way that threatens to frustrate or hinder the purpose of ensuring his
this fact without delay. ".

44th In § 79e paragraph. 6 and the first sentence of § 79e paragraph. 7, the words "other
property value" is replaced by "intangible things".

45th In § 79e paragraph. 6, the second sentence is replaced by the phrase "hedging
immaterial things can be of enforcement, execution or insolvency proceedings
deal only with the prior consent of the Senate and chairman
in pre-trial proceedings, the prosecutor; this does not apply if the performance
decisions implemented or if it is with such intangible things in execution or insolvency proceedings
managed to satisfy the claim of the state. ".

46th In § 79f, the words "other asset" is replaced
"intangible thing."


47th In § 79f of the existing text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) For important reasons, the court and pre-trial
state representative, authorize the proposal from the person to whom the replacement value of collateral
performance of an act relating to the hedged replacement value.
Against such a decision is admissible complaint which has suspensive effect. ".

48th Under § 79f is inserted § 79 g, added:

"§ 79 g

Reason seizure can during criminal proceedings to change the decision
against which the complaint is admissible. ".

49th In the heading of § 80, the words' and other property value "shall be deleted.

50th In § 81a, the words "other asset" is replaced by "
other intangible things."

51st In § 81b is inserted after paragraph 1 a new paragraph 2, which reads:

"(2) If issued or withdrawn specimen plant or animal
regulated fur or seal product or other individual, which can hold
for seizure under the Act on Trading in Endangered
species, or an individual specially protected species of plants or
animal or wild bird which can be removed by
Act on nature and landscape protection, and unless they are needed for evidentiary purposes and can not be
If a return according to § 80, criminal justice, which
been issued, or which issued the order for their withdrawal, the forward
Czech environment inspection and ensure their transmission inspection when the
it is still pending; thus ensuring complete. ".

Existing paragraph 2 shall be renumbered third

52nd In the heading of § 146a of the word "persons", the word "things".

53rd In § 146a paragraph. 1 point. c) after the word "contribution" the words "
, blocking funds supplementary pension savings."

54th In § 146a paragraph. 1 point. d) the number "4" is replaced by "5".

55th In § 146a paragraph. 1 Point f) reads:

"F) ensure an intangible thing, decided to limit collateral intangible things
or dismissed the application for revocation or limitation of such detention (§ 79e paragraph
. 1 and 8)."

56th In § 146a paragraph. 1 point. g) after the word "values" the words "
not allow execution of the act relating to securing replacement values".

57th In § 146a paragraph. 1 letter h) to j) are added:

"H) changed the reason for the detention case (§ 79 g)

I) ensure that property for the purpose of securing the claim of the victim or
decided to limit the collateral, did not allow execution of the act concerning
seized property or dismissed the application for revocation or limitation
such detention (§ 47 and § 48 paragraph. 2-4)

J) ensure that the assets of the accused for the purpose of enforcement of fines and forfeiture
decided to limit the collateral
not allow execution of the act relating to the hedged asset or failed
request for revocation or limitation of such security ( § 344a, 344B, 347 and 349
) ".

'58. In § 146a paragraph. 2, the words "Article 79c §. 4, § 79d paragraph. 1 and 7, § 79e paragraph
. 1 and 7 or § 79f "is replaced by" Article 79c §. 2, 3 and 5, § 79d paragraph
. 1 and 7, § 79e paragraph. 1, 2 and 8, § 79f paragraph. 2 or § 79 g ".

59th In the heading of § 239 and § 349b of the title, the words "or other
property values" are deleted.

60th In § 239 paragraph. 1 and 2, § 314E paragraph. 2 point. f) § 349b sentence
first and second and in § 358, the words "or other property values" are deleted.

61st In § 343 after paragraph 1, the following paragraph 2 is added:

"(2) If ordered enforcement of fines, whose performance is
secured on assets of the convict, his cover is preferably used
secured property.".

Paragraphs 2 and 3 shall become paragraphs 3 and 4

62nd In § 344 paragraph. 3, after the word "frustrate" the words ", especially
not possible to pay a fine of property secured for his
performance."

63rd Under § 344, the following new § 344a and 344B, which including the title
added:

"The performance of the financial penalty

§ 344a

(1) If the accused is prosecuted for a crime for which it is necessary
due to the nature and seriousness of the offense and the circumstances of the accused expect
imposition of fines, the court may, in preliminary proceedings, the state
designed to ensure a representative portion of the property of the accused. To ensure
can not take property that is under a special law excluded from

Enforcement of collateral.

(2) The decision on hedging is admissible complaint.

(3) Decisions on ensuring the performance of fines and the procedure for securing
otherwise enjoys § 47 para. 4-6 and § 47 para. 8 accordingly.

§ 344B

(1) The court, in preliminary proceedings, the prosecutor ensure revoke or restrict
, If the reason for which it was designated part of the property secured,
, or if it is not necessary to ensure the extent to which it was ordered .

(2) For important reasons, the court, in preliminary proceedings, the prosecutor accused
to the proposal to authorize execution of the act, which concerns
seized property.

(3) The accused has the right to ask for revocation or limitation of collateral.
Such a request must court and pre-trial prosecutor
decide without delay. If the request was rejected, the accused may,
unless in her new reasons, repeat after 30 days from the decision
power.

(4) The decision referred to in paragraphs 1-3 admissible complaint, which has
regarding permits execution of the act, revocation or limitation
ensure suspensive effect. ".

64th In § 347 paragraph. 1, "and it is feared that this punishment
will be thwarted or hampered" are deleted.

65th In § 347 paragraph. 1, first sentence and the second sentence after the word "property
accused" the words "or designated part."

66th In § 347 at the end of paragraph 1 the sentence "To ensure
can not take property that is under a special law excluded from
enforcement of collateral.".

67th In § 348, paragraph 1 reads:

"(1) Provision affects all assets of the accused or his designated
part, including fruits and benefits that arise from it.
Secure the whole property extends to property which the accused shall take over security. ".

68th In § 348 paragraph. 2, the words "paragraph 1" shall be deleted and the words "to 10"
be replaced by "up to 6 and § 47 para. 8 similarly."

69th § 349 reads:

"§ 349

(1) The court, in preliminary proceedings, the prosecutor ensure revoke or restrict
, If the reason for which the property or its designated part
secured, or unless necessary to ensure that the extent to which
was ordered.

(2) For important reasons, the court, in preliminary proceedings, the prosecutor accused
to the proposal to authorize execution of the act, which concerns
seized property.

(3) The accused has the right to ask for revocation or limitation of collateral.
Such a request must court and pre-trial prosecutor
decide without delay. If the request was rejected, the accused may,
unless in her new reasons, repeat after 30 days from the decision
power.

(4) The decision referred to in paragraphs 1-3 admissible complaint, which has
regarding permits execution of the act, revocation or limitation
ensure suspensive effect. ".
PART THREE


Amendment of the Juvenile Justice

Art. IV

Act no. 218/2003 Coll., On Juvenile Liability for Unlawful Acts and
Juvenile Justice and amending certain acts (
Juvenile Justice), as amended by Act 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., Act no. 390/2012 Coll., Act no. 45/2013 Coll. and Act No.
. 77/2015 Coll., Is amended as follows:

First In § 21 para. 1 and 2, § 24 para. 1 point. d) § 35 para. 5 and § 88a
paragraph. 3 point. a) and c) the words "or other property values" are deleted.

Second In § 88a paragraph. 3 of the introductory part, the words "property, goods or other assets
" is replaced by "property or things".
PART FOUR


Changing the Criminal Code

Art. In

Law no. 40/2009 Coll., Criminal Code, as amended by Act no. 306/2009 Coll.
Act no. 181/2011 Coll., Act no. 330/2011 Coll., Act. 357/2011 Coll.
Act no. 375/2011 Coll., Act no. 420/2011 Coll., Act no. 458/2011 Coll.
Act no. 193/2012 Coll., Act No. . 360/2012 Coll., Act no. 390/2012 Coll.
Act no. 399/2012 Coll., Act no. 494/2012 Coll., Act no. 105/2013 Coll., Act
no. 241/2013 Coll., Act no. 259/2013 Coll. and Act no. 141/2014
Coll., is amended as follows:


First In § 43 para. 2, § 45 para. 1, § 52 paragraph. 1 point. f) § 70 para. 2 to 4
, § 71 para. 1 sentence first and second, § 71 para. 2, § 72, § 98 paragraph. 1, § 101, paragraph
. 1 introductory part of § 101 paragraph. 2 of the introductory part
provisions of § 101 paragraph. 2 point. b) and c), § 101 paragraph. 3, § 101 para. 4
introductory part of the provisions of § 101 paragraph. 5, § 102, § 104. 2, § 105, paragraph
. 1 point. e), § 135, § 152 paragraph. 1, § 153 paragraph. 1, § 156 paragraph. 1, §
157, paragraph. 1, § 183 paragraph. 1 and 2, § 189 paragraph. 1, § 190, paragraph . 2, § 191, paragraph
. 1 and 2, the final part of the provisions of § 192 paragraph. 3, § 205 paragraph. 1
final part of the provision, § 206 paragraph. 1, § 209 paragraph. 1, § 210 paragraph. 1
final part of the provision, § 214 paragraph. 1 final part of the provision, §
215, paragraph. 1, § 216 par. 1 point. a) and b), § 216
final part of the provision, § 217 paragraph. 1, § 228 paragraph. 1, § 229, § 230 paragraph. 1, § 230, paragraph
. 2 final part of the provision, § 230, paragraph. 3, introductory part
provision, § 231 paragraph. 1 final part of the provision, § 231 paragraph. 2
introductory part of the provision, § 232 paragraph. 1 final part of the provision, § || | 232 paragraph. 2, § 234 paragraph. 1, § 235, § 236 paragraph. 1, § 239 paragraph. 1, § 245, paragraph
. 1, § 246 Para. 1, § 248 paragraph. 1 final part of the provision, § 248, paragraph
. 3, introductory part of the provision, § 253 paragraph. 1, § 260 paragraph. 1, § 261, paragraph
. 1 with § 268 para. 1 and 3, the introductory part of the provision, § 269. 1 and 2
introductory part of the provision, § 270 para. 1 and 2, the introductory part of the provision, § 271, paragraph
. 1, § 279, paragraph . 1, § 284 paragraph. 1 and 2, § 285 paragraph. 1 and 2, § 286, paragraph
. 1, § 297 paragraph. 1, § 298a paragraph. 1, § 299 paragraph. 1 and 3, the introductory part
provisions of § 300 and 301, § 302 paragraph. 1 final part of the provision, § 303, paragraph
. 1 , § 304 paragraph. 1 and 2, the introductory part of the provision, § 305 paragraph. 1
§ 306 paragraph. 1, § 307 paragraph. 1, § 336 final part of the provision, § 338, paragraph
. 1, § 342 paragraph. 1, § 393 paragraph. 2 and § 398 paragraph. 2, "
or other property values" are deleted.

Second In the heading of § 70, § 72 in the title and the title of § 101, the words "or other
property values" are deleted.

Third In § 70 paragraph 1 reads:

"(1) The court shall impose forfeiture by the offender gained
criminal offense or as a reward for him.".

Fourth In § 70 after paragraph 1 the following paragraph 2 is added:

"(2) The court may impose forfeiture,

) Which has been used to commit the offense or who has been a
a criminal offense intended, or

B) by the offender, even partially, became a matter referred to in paragraph 1
if the value of the matters referred to in paragraph 1 is not in relation to the value of acquired
insignificant things. ".

Paragraphs 2 to 5 shall be renumbered 3 to 6

Fifth In § 70 par. 3, § 71 para. 1, first sentence, § 101 paragraph. 2 point. b) a
c), par. 3 and par. 4 point. a), § 206 paragraph. 1, § 214 paragraph. 1 point. a) a
b), § 215 paragraph. 1, § 216 par. 1 point. b) § 219 para. 1, § 337 paragraph. 3
point. a) and § 414 paragraph. 1 point. a) the words "or other property value
" are deleted.

6th In § 70 para. 4, the words "or other property value stated in
paragraphs 1 and 2" are replaced by "in paragraph 2".

7th In § 70 par. 6, § 71 para. 2, § 101 paragraph. 1 introductory part of the provision
§ 101 paragraph. 2 point. a) to c), § 104. 1 and § 135, the words "or other
property value" shall be deleted.

8th In § 71 para. 1 the words "paragraph. 1 and 2 "are deleted.

9th In § 71 para. 2 and § 101 paragraph. 1 introductory part, the words
"paragraph. 1 "are deleted.

10th In § 101 paragraph. 2 point. b) and c) after the word "offender"
inserted the words "or if it is part of the assets of the trust fund or mutual fund
and if it was acquired."

11th In § 101 para. 4 point. d) the words "or other property value"
deleted.

12th In § 102, the word "belong to a thing or another asset that"
deleted, after the word "seized" with the word "thing" and the number "4" is
replaced by "5".

13th In § 104. 2, the words "§ 70 para. 4" is replaced by "§ 70 para. 5
".

14th In the title of § 134 and § 135 of the title, the words "and other property
value" shall be deleted.

15th In § 134 paragraph. 1, the comma after the word "animals" is replaced by the word "and" and
words "cash in bank and securities" are deleted.

16th In § 134, paragraph 2 shall be deleted and whilst repealing the designation in paragraph 1


17th In § 137, the third sentence shall be deleted.


18th In the heading of § 138, the words "and other assets" are deleted.

19th In § 138 paragraph. 2, the comma after the word "environment" is replaced by "and"
and the words "and other assets" is deleted.

20th In § 214 paragraph. 2 point. a), § 214 paragraph. 3 point. b) and c), § 214 paragraph. 4
point. a), § 215 paragraph. 3 point. a), § 216 par. 1
final part of the provision, § 216 par. 2 point. a), § 216 par. 3 point. b) and c), § 216, paragraph
. 4 point. b) and § 217 paragraph. 3 point. a) the words "or other
asset value" shall be deleted.
PART FIVE


Changing the law on criminal liability of legal persons and proceedings against them

Art. VI

Act no. 418/2011 Coll., On criminal liability of legal persons and
proceedings against them, as amended by Act no. 105/2013 Coll. and Act no. 141/2014 Coll., is amended as follows
:

First In § 15 para. 1 point. d), para. 2 and 3, § 19 and § 26, the words "or other asset
" are deleted.

Second In the heading of § 19 and § 26 in the title, the words "or other property
values" are deleted.

Third In § 26 the words "or other property value" shall be deleted.

Fourth In § 30 paragraph. 1, the words "police authority" is replaced by "body
law enforcement, prosecution who launched".

Fifth In § 33 paragraph 2 deleted.

Existing paragraphs 3-7 become paragraphs 2 to 6

6th In § 33 paragraph 2 reads: "(2) For important reasons, the presiding judge may
a pre-trial prosecutor in the draft of the legal person
enable the performance of an act which concerns property covered
protective measures pursuant to paragraph 1. If it fails prosecutor
draft a legal person under the first sentence, that it must be within 5
working days from receipt to submit to the decision of the judges;
about this procedure shall inform the legal person concerned. ".

7th In § 33 par. 3, the words "Precautionary measures are" replaced
"The presiding judge in preliminary proceedings the prosecutor
hedging arrangements".

8th In § 33 paragraph 5 reads: "(5) A legal entity, which was imposed
protective measures pursuant to paragraph 1 shall be entitled at any time to ask for revocation or limitation
collateral. Such a request must urgently decide
. If the request is rejected, it may be a legal person
unless in her new reasons, repeat after 30 days from the decision
power. If it fails such requests in the preliminary proceedings
state representative is required to be within 5 working days from receipt
submit to the decision of the judges; on this procedure shall inform the concerned
legal person. ".

9th In § 33 par. 6, the number "6" is replaced by "5" and "3" is
replaced with the number "2".
PART SIX


Changing the law on international judicial cooperation in criminal matters

Art. VII

Act no. 104/2013 Coll., On international judicial cooperation in criminal matters
, as amended by Act no. 77/2015 Coll., Is amended as follows:

First In § 11 at the end of the text of paragraph 4, the words ";
In such case, the administration pay costs according to Tax Code ".

Second In § 68 first sentence, the words "other asset" are deleted.

Third In § 107 par. 1 point. e) the words "other assets"
deleted.

Fourth In § 120 para. 2, § 121 par. 3, § 178. 2, § 278 paragraph. 1 point.
) And b), § 286 paragraph. 1, § 292 paragraph. 1 point. b) and c) and § 293 paragraph. 2
point. b) and c) the words "or other property values" are deleted.

Fifth In § 132 at the end of paragraph 4, the sentence "When you manage payment
costs, according to Tax Code.".

6th In § 178 paragraph. 2, the words "thing or another property value"
replaced by "or cause".

7th In § 226 paragraph. 1 letter a) reads:

A) the thing indicate if the facts established, it is intended to
crime or was used to commit fraud or
proceeds of crime ".

8th In § 233 paragraph. 7 at the end of the text of the first sentence the words ";
a complaint against the prosecutor decided by the court mentioned in §
146a paragraph. 1 Code of Criminal Procedure. "

9th In the fifth part in the heading of Title VII, the words "OR OTHER THINGS
property values" are replaced by "or things".

10th In the fifth part of Title VII of the title part 1 and part 2 in the title, the words
'Affairs or other assets "are replaced by" or things ".


11th In § 278 paragraph. 1 point. a) the words "or other tangible value"
deleted.

12th In § 290 paragraph. 3, the words "or other property value" shall be deleted.

13th In § 293 paragraph. 2 point. a) the words "other assets"
deleted.
PART SEVEN


Change Cadastral Act

Art. VIII

Act no. 256/2013 Coll., On Land Registry (Cadastral Act) is amended as follows
:

First In § 22 paragraph. 1, after the word "court" the words "state
deputy, police authority."

Second In § 27, after the word "court" the words "prosecutor
police authority."
PART EIGHT


Amendment to the Act on Trade in Endangered Species

Art. IX

Act no. 100/2004 Coll., On the protection of species of wild fauna and flora
flora by regulating trade therein and on further measures to protect these species
and amending some laws (Act on Trading || | endangered species), as amended by Act no. 444/2005 Coll., Act no. 227/2009
Coll., Act no. 346/2009 Coll., Act no. 420/2011 Coll., Act no. 467 / 2011
Coll., Act no. 18/2012 Coll. and Act no. 279/2013 Coll., is amended as follows:

First In § 25 par. 2 point. j) the words "specimens" the words "and
specimens, which were seized in criminal proceedings."

Second In § 25, at the end of paragraph 4 is replaced by a comma and
letter k), which reads:

"K) manages specimens regulated fur seal products, and other individuals
secured in criminal proceedings, which have been forwarded to the management
according to the Act on securing assets and affairs of the criminal proceedings.".

Third In § 29a at the end of the text of paragraph 1, the words "as well as live specimens
whose management for the inspection".

Fourth In § 34b, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The management of specimens, seal products, and regulated pelts
other individuals passed inspections pursuant to the Act on securing
property and affairs in criminal proceedings adequately enjoy the provisions of the Act governing the handling
detainees specimens;
including the method of calculating the amount of reimbursement of care for live specimens operators
rescue centers. ".
PART NINE


Changing the law on property of the Czech Republic and its representation in legal relations


Art. X

In § 11 para. 1 of Act no. 219/2000 Coll., On the property of the Czech Republic and
its representation in legal relations, as amended by Act no. 202/2002 Coll.
Law no. 354 / 2003 Coll., Act no. 217/2005 Coll., Act no. 359/2005 Coll.
Act no. 22/2006 Coll., Act no. 274/2008 Coll., Act no. 457/2011 Coll.
Act no. 18/2012 Coll. and Act no. 407/2012 Coll., letter d) reads:

"D) in specimens of plants and animals, regulated fur products
seals and other individuals protected under the Act on Trading
endangered species and individuals of specially protected species of flora and fauna
and wild birds protected by the nature Conservation Act and
landscape, which fell to the State by the Ministry of environment
environment. "

Footnote. 12 is deleted.
PART TEN



EFFICIENCY
Art. XI

This Act shall take effect on the first day of the second calendar month
following the date of its publication.


Hamáček vr Zeman


Sobotka