105/Sb.
LAW
of 20 December. March 2013
amending certain acts in connection with the adoption of the law on international
judicial cooperation in criminal matters
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the criminal procedure code
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
the Court declared under no. 214/1994 Coll., Constitutional Court
declared under the 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 No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.
30/2000 Coll., Act No. 227/2000 Coll., the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
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., Constitutional Court declared under no. 45/2005 Coll.
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. 115/2006 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 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., 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. 181/2007 Coll., Act No. 207/2007 Coll., Act No. 330/2011
Coll., Act No. 341/2011 Coll., Act No. 348/2007 Coll., Act No. 357/2011
Coll., Act No. 459/2011 Coll., Constitutional Court declared under no.
43/2009 Coll., Act No. 193/2009 Coll., Act No. 273/2009 Coll., Act No.
390/2012 Coll. and Act No. 45/2013 Coll., is amended as follows:
1. In article 11 (1) 1 at the end of paragraph (i)), the word "or" is deleted.
2. In article 11, the dot at the end of paragraph 1 shall be replaced by "or", and
the letter k is added), which read as follows:
"to) against it, in respect of which it was the criminal proceedings for the same deed
handed over to a foreign State, if he was resident for this deed
the Court finally sentenced or protective measures, performed by the
or already performed, or cannot be done under the law of that State, or
It was a foreign court has been finally abandoned since the imposition of the sentence, or
a final decision on the waiver of indictment ".
3. In article 11, paragraph 1, the following paragraph 2 is added:
"(2) the prosecution cannot be initiated and, if already started, it cannot be
continue and it must be stopped as well, if the Court or other
judicial authority of the Member State of the European Union or the State of the associated
international agreement for the implementation of the Schengen rules for the same deed
issued a decision establishing the
and the person was lawfully stored) punishment or protective measures, which
carries out or has carried out, or is not, under the law of that State
to execute, or to whom it was finally dropped from the imposition of sentence, or
(b) the person has been lawfully exempted from) the indictment or having effects
final stop of criminal prosecution, unless
1. does not create in the State in which it was issued, a barrier to matter has been finally
decided,
2. it was released solely for the reason that another State has opened criminal
proceedings against the same person for the same Act,
3. was released solely on the ground that an act is not a criminal offense, or that
does not fall within the competence of the authorities of the State which issued such a decision or
4. was released exclusively for one of the reasons the respective reasons
referred to in paragraph 1 (b). and), c) to (e)), i) or (j)). ".
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
4. In article 11 (1) 3, after the words "paragraph 1" the words "or 2".
5. in article 11, paragraph 5 is added:
"(5) the provisions of paragraphs 2 and 3 shall be used and on the decision of the
the International Criminal Court, the International Criminal Tribunal,
Realty international judicial body with jurisdiction in
criminal matters, which meet at least one of the conditions specified in §
paragraph 145. 1 (b). and) of the international judicial cooperation in matters
criminal, unless the decision made because of lack of its
the scope of or because of the lack of seriousness of the crime or
the hazard of the offender. ".
6. § 12 para. 10, after the words "shall mean a procedure under this Act"
the words "and of the law on international judicial cooperation in matters
criminal ".
7. in section 28 is at the end of paragraph 1, the following sentence "the use of the accused person
the right provided for in § 2 paragraph 1. 14, přibraný the interpreter to translate his
request a meeting with his counsel in the course of the procedural acts. ".
8. in section 28 para. 2 the first sentence after the word "binding" the words ",
a resolution on regulation of observation of the accused in the Medical Institute. "
9. In paragraph 28, the following paragraphs 4 and 5 are added:
"(4) subject to the conditions referred to in paragraph 1 shall be in writing to the person accused
translate and document not listed in paragraph 2, if it is needed for
the guarantee of a fair trial, in particular for the proper application of the law on
defence, and to the extent specified by the authority of law enforcement,
that is absolutely necessary to the understanding of the accused facts
He attributed the blame; If no reasoned proposal of the accused that
used the right provided for in § 2 (2). 14, the translation of such
the document granted authority in criminal proceedings, proceedings
to decide by resolution. Instead of a written translation in the first sentence
It can be a document or its essential contents of an interpreter; the provisions of sentence
the first does not apply if you already have this document or its
the essential content of the accused if the accused interpreted or after
lessons declares that the acquisition of the translation shall be required. Against the
decision referred to in the first sentence is permissible. Acquisition of translation and
the service provides authority in criminal proceedings, the proceedings
leads.
(5) the rights referred to in paragraphs 1 and 4 is suspected. ".
10. in section 30 paragraph 2. 2, after the word "released" the words "order for
detention or ".
11. In § 36 odst. 4 at the end of subparagraph (a)) the following the word "or".
12. In § 36 odst. 4 at the end of subparagraph (b)) a comma is replaced by a dot and the
c) to (f)) shall be deleted.
13. in section 51b para. 2 at the end of the text of the second sentence, the words "and its
a copy of the sent not later than within 30 days from the date of the lesson to the national
the Security Bureau ".
14. In article 65 paragraph 1. 4, after the word "bodies", the words "and of the national
a member of Eurojust ".
15. in section 72a paragraph 5 is added:
"(5) the duration of the binding, which was decided in the appeal proceedings (§
265l paragraph 1. 4 and § 265o para. 2), on a complaint for violation of the law (section 275
paragraph. 3) on an application for reopening proceedings (article 282, paragraph 2, and section 287),
After the dissolution of the constitutional court sentence (section 314k (1))
or in the proceedings for enforcement of the sentence of expulsion (§ 350c (1)) shall be assessed
separately and independently on the binding in the main proceedings. The provisions of sentence
the first is used by analogy to the binding in proceedings under the law on international
judicial cooperation in criminal matters. ".
16. in section 73a of the paragraph. 1, after the words "of apartheid and discrimination of groups of people
(section 402 of the Penal Code), "the words" aggression (§ 405a criminal
Code) ".
17. under section 76 shall be added to § 76a, which including the title reads as follows:
"§ 76a
The order for the detention of the
(1) if any of the grounds given binding and if a person suspected of
committing a crime to deliver a copy of the resolution on the initiation of criminal
prosecution and that person cannot call, show off or without delay
withhold the issue on a proposal from the Prosecutor's statement to her
the detention.
(2) an order for the detention must in addition to the data to ensure that the person who has
be detained, not be confused with another person, include the exact description
the reasons for which it is issued. Shall be annexed to a copy of the resolution on the initiation of the
a criminal prosecution.
(3) Detention shall be carried out on the basis of the police authorities, which are
must also, if necessary, to track down the suspect's residence.
(4) the police authority that a suspicious person on the basis of the withheld
is required to deliver a copy of the resolution to it without delay to initiate criminal
the prosecution, to hear it, and with the Protocol on the questioning and other
evidence to pass to the Prosecutor to the Prosecutor
could, where appropriate, submit a proposal to its custody to 48 hours from the
the apprehension; otherwise, such a person must be released.
(5) the judge to whom the detainee delivered, proceed
mutatis mutandis in accordance with § 77 para. 2. ".
18. in section 83 para. 2 (a). a) after the word "released" the words "command
to detention, ".
19. in § 87b, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
20. In § 87b, para. 3 the second part of the sentence after the semicolon including the semicolon
repealed.
21. in section 158e, paragraph 8 shall be deleted.
22. in Section 159a para. 2, section 172 para. 1 (b). (d)), section 179c paragraph. 2 (a). (e)), and
§ 223 para. 1, the words "paragraph. 1 "shall be deleted.
23. in paragraph 166, at the end of paragraph 1, the following sentence "the accused who
used the right provided for in § 2 (2). 14, will also invite to comment,
whether the transfer of some of the documents required pursuant to § 28 para. 4. ".
24. in section 172 para. 2 (a). (b)) after the word "authority" the words "or
the International Criminal Court, the International Criminal Tribunal,
or a similar international judicial body with jurisdiction in
criminal matters, even if they do not meet any of the conditions specified in §
paragraph 145. 1 (b). and) of the international judicial cooperation in matters
criminal, ".
25. In paragraph 173 of paragraph 1. 1 (b). (d)), the words "it is proposed to transfer the criminal
prosecution abroad, or ' shall be deleted.
26. in paragraph 227, the number "3" by "4".
27. in section 327, paragraph 1 reads:
"(1) the Court may waive the imprisonment or his
the rest, if the convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported. ".
28. In Article 327, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall become paragraphs 2 to 4.
29. in § 327 paragraph 3(a). 2, the words "referred to in paragraph 1 or to the expulsion referred to in
paragraph 2 "shall be replaced by the words" or for expulsion provided for in paragraph 1 ".
30. In § 327 paragraph 3(a). 4, the words "paragraph 4" shall be replaced by the words "paragraph 3".
31. in paragraph 334f paragraph 1 reads:
"(1) the Court may dispense with the enforcement of a sentence of house arrest, or his
the rest, if the convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported. ".
32. In article 334f, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall become paragraphs 2 to 4.
33. In paragraph 334f paragraph. 2, the words "referred to in paragraph 1 or to the expulsion referred to in
paragraph 2 "shall be replaced by the words" or for expulsion provided for in paragraph 1 ".
34. In paragraph 334f paragraph. 4, the words "paragraph 4" shall be replaced by "paragraph
3. "
35. section 350h including the title reads as follows:
"§ 350h
Interruption of the execution of a sentence of expulsion and abandonment of the enforcement of a sentence of expulsion
(1) the President of the Chamber may, for important reasons to interrupt the time needed
the execution of a removal order. If the reasons for the break have ceased to exist, the President of the Senate
the interruption.
(2) the time during which the execution of a removal order was interrupted, the
not included in the period of imprisonment.
(3) against the decision referred to in paragraph 1 shall be admissible complaint.
(4) since the enforcement of a sentence of expulsion or the rest of the Court shall refrain, if
After the judgment, which was the penalty saved, there
fact, for which the penalty of expulsion cannot be saved. If convicted in the
expulsion custody or serving a prison sentence, it shall inform the
the President of the Senate on final abandonment of the enforcement of a sentence of expulsion
the relevant prison.
(5) against the decision referred to in paragraph 4 is admissible a complaint to
suspensory effect. ".
36. In article 356, paragraph 2 reads as follows:
"(2) the Court may dispense with the performance of security detention, if
a convicted person has been or is to be
and extradited to a foreign State) or passed to a foreign State pursuant to part five
the head of the second law on international judicial cooperation in matters
criminal, or
b) deported. ".
37. In article 356, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
38. In article 356 para. 3, the words "referred to in paragraph 2 or to the expulsion referred to in
paragraph 3 shall be replaced by "or a removal order referred to in paragraph 2".
39. section 364a reads as follows:
' paragraph 364a
President of the Chamber of the District Court referred to in § 364 para. 1 also decides
about
and deletion of the conviction of a foreign court), the international criminal
the Court, the International Criminal Tribunal or a similar international
the judicial authority with competence in criminal matters, which is recorded in the
Register of criminal records on the basis of the recognition of a foreign decision
the Court or on the basis of the decision of the Supreme Court under the Special
law, or which, on the basis of the decision of the Supreme
the Court under special legislation seen as condemnation by the Court
The United States,
(b) deletion of the conviction recorded in) records of criminal records on
the basis of the agreement between the Government of the Czech Republic and the Government of the Slovak
States on the exchange of data from the information contained in the index funds
criminal penalties;
effects abroad can have such a decision only if provided for by
International Treaty. ".
40. In section 460y para. 1 the term "regional" is deleted.
41. In part four of the top twenty-five, including the title and notes
line # 6-8 c deleted.
PART TWO
Amendment of the Act on income taxes
Article. (II)
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999
Coll., Act No. 222/1999 Coll., the Constitutional Court declared under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.
362/2003 Coll., Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.
436/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.
669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 340/2005 Coll., Act No. 361/2005 Coll., Act No.
441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.
552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.
245/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006 Coll., Act No.
29/2007 Coll., Act No. 67/2007 Coll., Act No. 160/2007 Coll., Act No.
261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No.
126/2008 Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No.
2/2009 Coll., Act No. 87/2009 Coll., Act No. 216/2009 Coll., Act No.
221/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
289/2009 Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No.
326/2009 Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No.
346/2010 Coll., Act No. 73/2007 Coll., Act No. 188/2007 Coll., Act No.
329/2011 Coll., the Act No. 353/2010 Coll., Act No. 355/2007 Coll., Act No.
370/2007 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll., Act No.
458/2011 Coll., Act No. 466/2011 Coll., Act No. 470/2011 Coll., Act No.
192/2009 Coll., Act No. 399/2009 Coll., Act No. 401/2009 Coll., Act No.
403/2009 Coll., Act No. 428/2009 Coll., Act No. 500/2012 Coll., Act No.
503/2012 Coll., Act No. 44/2013 Coll. and Act No. 80/2013 Coll., is amended
as follows:
1. In article 3, paragraph 3. 4 (b). (d)), and in section 18 para. 2 (a). (d)), the words "an amicable
settle the matter before the European Court of human rights "are replaced by
the words "settlement of the matter before the European Court of human rights on
the basis of a settlement or a unilateral declaration by the Government ".
2. In paragraph 3, at the end of paragraph 4, the dot is replaced by a comma and the following
the letter i), which read as follows:
"i) income arising in respect of the compensation granted to the international
Criminal Court, the International Criminal Tribunal, or the like
international judicial body that meet at least one of the conditions
referred to in § 145 paragraph. 1 of the law on international judicial cooperation in
criminal matters. ".
PART THREE
Amendment of the Act on the public prosecutor's Office
Article. (III)
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.
14/2002 Coll., Act No. 151/2002 Coll., Act No. 312/2002 Coll., Act No.
192/2003 Coll., Act No. 631/2004 Coll., Act No. 381/2005 Coll., Act No.
413/2005 Coll., Act No. 79/2006 Coll., Act No. 342/2006 Coll., Act No.
121/2008 Coll., Act No. 129/2008 Coll., Act No. 314/2008 Coll., Act No.
7/2009 Coll., Act No. 18/2009 Coll., Act No. 227/2009 Coll., Act No.
286/2009 Coll., Act No. 303/2007 Coll. and Act No. 459/2006, is amended
as follows:
1. In the title of § 12i, the word "Processing" shall be replaced by
"Processing".
2. In paragraph 12i is at the end of paragraph 1 the phrase "for the purposes of carrying out the tasks
Eurojust has access to the central register of the prosecuted persons
national member of Eurojust. For the purposes of carrying out the tasks referred to in the Act on
international judicial cooperation in criminal matters can be data from
the central register of the oppressed people to the extent necessary to provide the
also request the Ministry of Justice. ".
3. In article 19(a)(1). 1 the first sentence, the words ' outside the territory of the Czech Republic
for a maximum of "number" 3 "is replaced by" 5 ".
4. In article 19(a)(1). 2 at the end of the text of the third sentence, the words "shall be added; in
the case of secondment to Eurojust as the Minister of Justice shall be
on the proposal of the Supreme State Prosecutor ".
PART FOUR
Amendment of the Act on the enforcement of binding
Article. (IV)
In section 14 of Act No. 293/1993 Coll., on remand, as amended by Act No.
208/2000 Coll., Act No. 52/2004 Coll. and Act No. 539/2004 Coll., paragraph
3 read as follows:
"(3) for persons in custody under the law on international judicial cooperation in
criminal matters lays down the conditions for the implementation of the visit, which
in particular, the term visits, group of persons, and the presence of a law enforcement agency
criminal proceedings, the President of the Senate. In the case of a person in preliminary detention
performed in the preliminary investigation or in custody under the temporary
taking over for the purpose of performing an action the preparatory proceedings, such
State representative. ".
PART FIVE
Amendment of the Act on criminal records
Article. In
Act No. 266/1994 Coll., on criminal records, as amended by Act No. 126/2003
Coll., Act No. 253/2006 Coll., Act No. 342/2006 Coll., Act No. 179/2007
Coll., Act No. 261/2007 Coll., Act No. 345/2007 Coll., Act No. 124/2008
Coll., Act No. 130/2008 Coll., Act No. 227/2009 Coll., Act No. 306/2009
Coll., Act No. 357/2010 Coll., Act No 420/2007 Coll., Act No. 167/2012
Coll. and Act No. 193/2009 Coll., is amended as follows:
1. section 4 reads as follows:
"§ 4
(1) The criminal record shall be recorded whether or not information on convictions
and, if a foreign court) on the recognition of the decision of such a court
the Court decided under special legislation and recognized by decision
It was a foreign court is issued for the offence and in accordance with the rule of law
The United States,
(b)), the International Criminal Court, the International Criminal Tribunal,
or a similar international judicial body (hereinafter referred to as "the international
the Court "), which meet at least one of the conditions specified in § 145 paragraph.
1 (b). b) or c) of the Act on international judicial cooperation in matters
criminal, if recognition is his decision to court under the law on
international judicial cooperation in criminal matters,
c) International Court that meets at least one of the conditions
referred to in § 145 paragraph. 1 (b). and the Act on international judicial)
cooperation in criminal matters, with regard to the condemnation of the citizen of the United
States, stateless persons, which has on its territory
permanent residency, a legal person that has its registered office in the Czech Republic
or is in the territory of the Czech Republic located business or organizational
folder, or at least carries on business or has its
property, or any other person who carries out the penalty in such a
an International Court in the Czech Republic.
(2) the Supreme Court shall decide on the proposal of the Ministry of Justice, the
to record criminal records data on another condemnation of the citizen
The United States Court, other than the Member State of the European Union or
an international court that meets at least one of the conditions referred to in
§ 145 paragraph. 1 (b). b) or c) of the Act on international judicial cooperation
in criminal matters, if this conviction relates to an act which is
a criminal even under the laws of the United States, and the entry in the register is
justified by the gravity of the offence and the type of punishment, it was saved.
(3) the Supreme Court shall decide on the proposal of the Ministry of Justice, the
to record criminal records data on another conviction of a person
stateless, which is allowed in the Czech Republic
permanent residence, or a legal person that has its registered office in the Czech Republic
or is in the territory of the Czech Republic located business or organizational
folder, or at least carries on business or has its
assets, in the case of a conviction by a Court of a foreign or international
the Court, which meets at least one of the conditions specified in § 145 paragraph.
1 (b). b) or c) of the Act on international judicial cooperation in matters
criminal and if this conviction relates to an act which is a criminal and
under the law of the United States, and the entry in the register is justified by the
the severity of the crime and the type of punishment, it was saved.
(4) if they have been recorded in the register of criminal records information about
condemnation of the citizen of the United States, stateless persons, which
has on its territory a permanent residency, or a legal person under
paragraph 2 or 3, and the Court under the law on international judicial cooperation
in criminal matters subsequently decide on the recognition of such a decision,
The Supreme Court on the initiative of the Court shall revoke its previous decision on the
record information about the conviction; Criminal record in this case
keeps track of only the decision on the recognition of the decision.
(5) the decision of a foreign court or an International Court
recorded in the register of criminal records under paragraphs 1 to 3 shall be deemed
as to the conviction by a Court of the United States. ".
2. Footnote No 2 and 2a are deleted.
3. In section 4A(1). 3, the word "may" be deleted.
4. In section 4A(1). 3, the word "decide" is replaced by the word "Decides".
5. At the end of paragraph 5, the following sentence "the Ministry of Justice shall send
criminal record without delay the information referred to in section 3, paragraph 3. 3 regarding the
final conviction referred to in section 4, paragraph 4. 1 (b). (c)), in section 4, paragraph 4. 2
and (3) and section 4A(1). 3. ".
6. In section 10, paragraph 1. 1, point (d)) shall be deleted.
Subparagraph (e)), and (f)) shall become points (d) and (e)).)
7. in section 10, paragraph 1. 1 the final part of the provision, the words "of the criminal
proceedings, if they are competent under the Special Act "are replaced by
the words "if it is applicable to them under the Act on international judicial
cooperation in criminal matters ".
8. In section 10, paragraph 1. 3 the first sentence after the word "bodies", the words "and
persons ".
9. in section 10, paragraph 1. 3 at the end of paragraph 3 the following sentence "criminal record
a copy of the issue also at the request of the International Court, which meets at least
one of the conditions specified in § 145 paragraph. 1 (b). and) of the
international judicial cooperation in criminal matters, and its organs. ".
10. In section 10, paragraph 1. 5, the word "foreign" be deleted and the word
"convictions" with the words "foreign and international courts".
11. In § 13 para. 1 the words "foreign courts" shall be deleted and the word
"conviction" is inserted after the words "foreign and international courts".
12. In article 16a, paragraph 2. 4 the first sentence, after the words "criminal proceedings" shall be inserted after
the words "or the national member of Eurojust".
PART SIX
Amendment of the Act on liability for damage caused in the exercise of public authority
by a decision or incorrect official procedure
Article. (VI)
Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amending
the Czech National Council Act No. 357/1992 Coll., on the notarial profession and their activities
(the notarial regulations), as amended by Act No 120/2001 Coll., Constitutional Court
the declared under no. 234/2002 Coll., Act No. 539/2004 Coll., Act No.
160/2006 Coll., Act No. 41/2009 Coll., Act No. 41/2007 Coll. and Act No.
396/2009 Coll., is amended as follows:
1. in paragraph 3 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) for the purposes of this Act, for the official person shall mean also the official
a person of a foreign State for the duration of his time in a joint investigation
the team on the territory of the Czech Republic, if it satisfies the conditions set out in § 127
of the criminal code. ".
2. In section 4, paragraph 4. 1 the words "§ 3 (b). (b)) "shall be replaced by the words" § 3 (1). 1
(a). (b)) ".
PART SEVEN
Amendment of the Act on asylum
Article. (VII)
Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
Police of the Czech Republic, as amended, (asylum Act),
as amended by law No. 2/2002 Coll., Act No. 218/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act No.
501/2004 Coll., Act No. 539/2004 Coll., Act No. 57/2005 Coll., Act No.
350/2005 Coll., Act No. 112/2006 Coll., Act No. 137/2006 Coll., Act No.
165/2006 Coll., Act No. 170/2007 Coll., Act No. 343/2007 Coll., Act No.
379/2007 Coll., Act No. 129/2008 Coll., Act No. 140/2008 Coll., Act No.
274/2008 Coll., Act No. 41/2009 Coll., Act No. 197/2009 Coll., Act No.
228/2009 Coll., Act No. 281/2009 Coll., Constitutional Court
declared under the No 9/2010 Coll., Act No. 427/2010 Coll., Act No.
303/2011 Coll., Act No. 341/2011 Coll. and Act No. 375/2006, is amended
as follows:
1. In paragraph 3, at the end of paragraph 2 the following sentence "for the Declaration of
international protection is further manifestation of will not be considered aliens under
paragraph 1, if an alien has made this statement after the Czech Republic
received a request to surrender to the International Criminal Court,
the International Criminal Tribunal, where appropriate, similar to the international
judicial authority, which meet at least one of the conditions specified in §
paragraph 145. 1 of the law on international judicial cooperation in matters
criminal. ".
2. In section 3f is at the end of paragraph 2 the following sentence "this does not prevent the implementation of
transmission of the alien's International Criminal Court, the international criminal
the Tribunal, where appropriate, similar to the international judicial body that
meet at least one of the conditions specified in § 145 paragraph. 1 of the law on
international judicial cooperation in criminal matters. ".
PART EIGHT
Amendment to the law on travel documents
Article. (VIII)
Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(the law on travel documents), as amended by Act No. 218/2002 Coll., Act
No. 320/2002 Coll., Act No. 539/2004 Coll., Act No. 561/2004 Coll., Act
No 136/2006 Coll., Act No. 106/2007 Coll., Act No. 379/2007 Coll., Act
No 140/2008 Coll., Act No. 274/2008 Coll., Act No. 197/2009 Coll., Act
No. 227/2009 Coll., Act No. 281/2009 Coll., Constitutional Court
the declared under no. 384/2009 Coll., Act No. 197/2010 Coll., Act No.
424/2010 Coll. and Act No. 167/2010 Coll., shall be amended as follows:
1. In section 6 is at the end of paragraph 1, the following sentence "signature citizen travel
the document may not contain, if it is issued pursuant to § 17 para. 11. ".
2. in article 15, paragraph 2. 1, the first sentence is inserted after the phrase "Travel Card shall be issued
the citizen who also does not have a travel document, if it is a private citizen who
to be issued or passed from a foreign country into the United States, or about
citizen to be expelled from a foreign country and who was in the Czech
Republic issued an order to arrest warrant, an order for delivery to the
the sentence, an arrest warrant or a European arrest warrant ".
3. in section 17(2). 11 at the end of the text of the second sentence, the words ", or
in the cases referred to in article 15, paragraph 2. 1 the second sentence ".
PART NINE
Changing the law on special protection of witnesses and other persons in connection with the
criminal proceedings
Article. (IX)
In section 1 (1). 3 of Act No. 137/2001 Coll., on the protection of the witness and the
other people in connection with criminal proceedings and on the amendment of Act No.
99/1963 Coll., the code of civil procedure, as amended, in
amended by Act No. 349/2005 Coll., the words "court or Tribunal
appointed on the basis of the renowned international contract to which
ratified by the Parliament is bound by the Czech Republic,
or on the basis of a decision of an international organization of which the Czech
Republic is a member (hereinafter referred to as ' the authority ') "shall be replaced by the words" criminal
the Court, the International Criminal Tribunal, or the like
international judicial body that meet at least one of the conditions
referred to in § 145 paragraph. 1 of the law on international judicial cooperation in
criminal matters (hereinafter referred to as ' the authority '). "
PART TEN
Amendment of the Act on the police of the Czech Republic
Article. X
Act No. 273/2008 Coll., on the police of the Czech Republic, as amended by Act No.
41/2009 Coll., Act No. 153/2010 Coll., Act No. 150/2007 Coll., Act No.
341/2010 Coll., Act No. 375/2007 Coll. and Act No. 459/2006, is amended
as follows:
1. in section 26 para. 1 (b). (g)), the word "or" is deleted.
2. In paragraph 26, the dot at the end of paragraph 1 shall be replaced by "or", and
the following letter i), which read as follows:
"i) was getting taken on the basis of persecution under section 92, whether performed
a national of a foreign security force. ".
3. in section 26 of the text at the end of paragraph 3, the words "shall be added; ensure the
referred to in paragraph 1 (b). I, however, may not last) longer than 6 hours, if
the competent authority of a foreign State does not ask about a person's limitations on liberty
the purpose of the extradition or surrender, and the hours between midnight and 9
in the morning do not count ".
4. In article 34, the following paragraph 5 is added:
"(5) if the things issued or withdrawn for further proceedings, police officer
It shall issue to the person whose right to a thing is not in doubt; otherwise, it returns to the person
which it has issued or was withdrawn. ".
5. under section 34 shall be added to § 34a, which including the title reads as follows:
"§ 34a
The preliminary securing of things
(1) a police officer is authorized to ask the person to issue, if the
the basis of the established facts reasonably assume that to ensure
or transfer of such things will ask the foreign State.
(2) After previous futile call for release of the things referred to in paragraph 1 is
the officer shall be entitled to withdraw from the case.
(3) for the issue or withdrawal of Affairs (hereinafter referred to as "preliminary securing of things")
draws up a police officer, the official record and the person shall issue the certificate.
(4) Preliminary securing of things it takes as long as necessary, but no longer than
of 60 days.
(5) a provisional securing of things about the possibility of applying the law, as well as
even on the time limit referred to in paragraph 4 of the police without undue delay, inform the foreign
State in whose interest the case was provisionally guaranteed.
(6) unless the legal reason, police preliminarily secured without
undue delay shall issue to a person which has been provided, or that person
inform about the possibility of a thing to take, if
and foreign State) within the time limit referred to in paragraph 4 to deliver a request for collateral or
referral under the Act on international judicial cooperation in matters
criminal and
(b)) on the matter does not apply within the time limit referred to in paragraph 4 of the law of the other person.
(7) if the claim is provisionally secured thing person other
It shall be issued, in respect of which the right to the thing is not in doubt. When in doubt, the
stored in the custody of the court case and the person who makes a claim on the thing,
notifies the that it applied in the civil proceedings.
(8) If a person to be the thing released under paragraph 6 or 7, over
a recurring challenge thing, does not take things further are treated as things
found under the civil code. ".
6. In section 78 para. 1, after the word "passes" the words "the national
a member of Eurojust, the National Security Bureau, ".
7. In paragraph 89, after the word "organizations", the words ", with the international
criminal courts, international criminal tribunals, or similar
international judicial bodies that meet at least one of the conditions
referred to in § 145 paragraph. 1 (b). (b)), and (c)) of the law on international judicial
cooperation in criminal matters ".
8. In paragraph 92, after paragraph 4, the following paragraph 5 is added:
"(5) unless otherwise provided in an international agreement for something else, is a member of the
Foreign Security Corps entitled to continue the persecution
persons on the territory of the Czech Republic. Unless an international treaty
something different, of foreign national security corps
and) is obliged to immediately inform the police referred to in paragraph 6 and
to obey its instructions,
(b)) shall be obliged to immediately to instruct the police to stop under paragraph 6
persecution,
(c)) shall be obliged to comply with the legal regulations of the Czech Republic,
(d)) shall be obliged to prove to the challenge the jurisdiction of the foreign
the Security Corps
(e)) is required to use clearly recognizable indication of nationality
such a choir,
(f)) must not enter into a dwelling, or to other sites publicly inaccessible,
(g)) is in the absence of police officers to the point of securing the persecuted
the persons referred to in section 26 para. 1 (b). I) shall be entitled to restrict the reasonable
the way her personal liberty, a person that does not have a weapon on him,
and the gun and in justified cases, withdraw a different thing. ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.
9. In § 92 para. 6, the words "paragraph 2 governs the business official
fixed "shall be replaced by ' paragraphs 2, 3 and 5 controls the police officer intended."
PART ELEVEN
Amendment to the criminal code
Article. XI
Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.,
Act No. 181/2007 Coll., Act No. 330/2007 Coll., Act No. 357/2007 Coll.
Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll.
Act No. 193/2009 Coll., Act No. 360/2012 Coll., Act No. 390/2009 Coll.,
Act No. 399/2012 Coll. and Act No. 494/2012 Coll., is amended as follows:
1. In section 8 paragraph 1 reads:
"(1) in accordance with the law of the Czech Republic is judged the offence of a crime committed
abroad, a foreign national or a stateless person
jurisdiction in the territory of the United States does not have a permanent residency,
even if the
and the Act is a criminal even) according to the law effective on the territory where it was committed,
(b) the offender has been apprehended) on the territory of the Czech Republic, was expended
or forward control and the offender has not been released or handed over to the criminal
prosecution or enforcement of a sentence to a foreign State or another authorized
body and the
c) foreign State or another authorized body which had asked for the issue or
the surrender of the offender for criminal prosecution or enforcement of a sentence, asked for
the implementation of criminal prosecution of the offender in the Czech Republic. ".
2. section 10, including the title.
3. In paragraph 34, the dot at the end of paragraph 3 is replaced by a comma and the following
letters e) to (g)), which read as follows:
"(e)) the time during which the offender could not be criminally in the Czech Republic
to prosecute, if the offence of which the offence is judged according to the law of the Czech
States on the basis of § 8 para. 1,
(f)) since the release of the detention order to the revocation or termination of the
its validity for any other reason,
(g)) the period for which it has been temporarily waived certain acts criminal
proceedings under the Act on international judicial cooperation in matters
criminal. ".
4. In section 34 para. 4 (b). a), the words "or the European arrest warrant
the arrest warrant "shall be replaced by" collateral request
request a person from a foreign country, by issuing a European arrest warrant ".
5. In section 88 para. 4, section 366 para. 2 (a). and), § 367 paragraph. 1 and 2, and in section 368
paragraph. 1, after the words "of apartheid and discrimination of groups of people (section 402),"
the words "aggression (§ 405a),".
6. In paragraph 92, the following paragraph 4 is added:
"(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the counting used
preliminary, expended and carried forward binding under the law on
international judicial cooperation in criminal matters into the sentence imposed
for the same offence. ".
7. in section 94 at the end of the text of paragraph 3, the words ", and in the case of
the penalty of expulsion, the period during which the performance of such penalty was interrupted. "
8. In section 127 at the end of the text of paragraph 3, the words "or if the
the consent of the authorities of the Czech Republic operates on its territory; This consent
is not required in the case of an official international criminal court,
the International Criminal Tribunal, International Realty
of the judicial authority, which meet at least one of the conditions specified in §
paragraph 145. 1 (b). and) of the international judicial cooperation in matters
criminal ".
9. in part two, title XIII, section 405 under the heading of part 2 the following new section
405a, which including the title reads as follows:
"§ 405a
Aggression
Who's in a position that allows him to exercise control over some of the
State or control its political or military actions, contrary to the
provisions of international law, prepares, plans to initiate or
performs a malicious act, which consists in the use of the armed forces in such a
State against the sovereignty, territorial integrity or political
the independence of another State, or in the use of armed force in such a State
in any other manner inconsistent with the Charter of the United
Nations and which, by their nature, severity and scope determined by the apparent
violation of the Charter of the United Nations, shall be punished by imprisonment
freedom for twelve to twenty years or an exceptional punishment. ".
10. In section 418 of paragraph 1. 1, after the words "an attack against humanity (§ 401)"
the words "aggression (§ 405a),".
PART TWELVE
Amendment of the Act on the subsistence minimum
Article. (XII)
Law No 110/2006 Coll., on life and the subsistence minimum, as amended by law
No 218/2007 Coll., Act No. 261/2007 Coll., Act No. 129/2008 Coll., Act
No 239/2008 Coll., Act No. 306/2008 Coll., Act No. 85/2010 Coll., Act
No 73/2010 Coll., Act No. 329/2007 Coll., Act No. 366/2007 Coll., Act
No 458/2007 Coll., Act No. 399/2009 Coll., Act No. 401/2012 and
Act No. 44/2013 Coll., is amended as follows:
1. In article 7 (2). 5, the word "consensual" be deleted and the words "before the European
Court of human rights "with the words" on the basis of the settlement or
unilateral declaration by the Government ".
2. In paragraph 7, at the end of paragraph 5, the following sentence "for receiving further also
the title is not considered income arising from compensation accorded to the international
Criminal Court, the International Criminal Tribunal, or the like
international judicial body that meet at least one of the conditions
referred to in § 145 paragraph. 1 of the law on international judicial cooperation in
criminal matters. ".
PART THIRTEEN
Amendment of the Act on the criminal liability of legal persons and proceedings against them
Article. XIII
Act No. 418/2007 Coll. on criminal liability of legal persons and proceedings
against them, is amended as follows:
1. In article 1 (1). 2, the words "and in proceedings against a legal entity. the person of the criminal
order "shall be replaced by the words", in proceedings against a legal person, the criminal procedure code, and in
proceedings of the international judicial cooperation in criminal matters reasonably
the law on international judicial cooperation in criminal matters ".
2. In the title of part five, the words "legal transactions with foreign countries" shall be replaced by
the words "proceedings of international judicial co-operation in criminal matters".
3. section 42:
"§ 42
(1) If a legal person Has its seat in the territory of the United States, for the purposes of
the law on international judicial cooperation in criminal matters with
considered to be a person who is a citizen of the United States or has at its
the territory of permanent residence.
(2) the provisions of part five title VI of part 1 of the Act on international judicial
cooperation in criminal matters of recognition and enforcement of a decision of another
the Member State imposing the financial penalty or other monetary
in the Czech Republic are used on the decision of another Member State
pointing to a legal person that has its registered office in the Czech Republic
or property. The final decision of the Court of the United States imposing
pecuniary sanction or other cash transactions can be subject to conditions
listed in part five, title VI Part 2 of the Act on international judicial
cooperation in criminal matters be sent to another Member State, which
You can reasonably assume that on its territory, this legal person
registered office or property.
(3) the provisions of title IX of part five of the Act on international judicial
cooperation in criminal matters shall not apply. ".
4. section 43 to 47, including headings are deleted.
PART OF THE FOURTEENTH
The EFFECTIVENESS of the
Article. XIV
This Act shall take effect on 1 January 2000. January 2014, with the exception of the provisions
article. I, points 7, 8, 9 and 23, which will become effective on 1 January 2004. November
2013, with the exception of the provisions of article. I, section 40, which shall take effect
on the day of its publication.
Němcová in r.
Zeman in r.
Nečas in r.
