330/2011 Sb.
LAW
of 7 November. October 2011,
amending the Act No. 40/2009 Coll., the criminal code, as amended by
amended, and Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the criminal code
Article. (I)
Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Sb.
and Act No. 181/2006, is amended as follows:
1. In § 55 para. 2, the words "three years" is replaced by "five years".
2. in section 60 paragraph 3 reads:
"(3) a sentence of house arrest consists in the obligation of the convicted person to remain
in the performance of this sentence in the specified dwelling or part thereof in the Court
a specified time period, unless his important reasons, in particular
employment or occupation or the provision of health care in
a medical facility as a result of his illness or injury;
medical equipment is required by the law on request in criminal
This fact tell him control. ".
3. in section 60, paragraph 3, the following paragraph 4 is added:
"(4) the Court shall determine the period of time in which the convicted person is obliged to
stay in the designated dwelling or any part thereof, on working days, in the days of
public holidays and public holidays, with particular reference to its
working time and to the time necessary for the journey to work, to care for the
the minor children and to deal with personal and family matters,
that, while ensuring all the necessary needs of the convicted person and his family it
reasonably have befallen on the loose. The Court may allow a convicted
attending regular church services or religious Assembly in
days of rest and holidays. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
4. section 61, including the title reads as follows:
"§ 61
The conversion of the sentence of house arrest
If the offender at the time from conviction to completion of sentence
house arrest avoids incarcerated, without a serious reason
breach of the agreed terms of the enforcement of a sentence of house arrest, otherwise frustrates
the performance of this penalty or culpably does not exercise in due time stored
the punishment, the Court can turn, even during the period fixed for its performance,
the sentence of house arrest or the rest of the sentence of imprisonment and
at the same time decide on how its performance; While each even just started
one day nevykonaného sentence of house arrest is counted in one day
imprisonment. ".
5. In article 65 paragraph 1. 1 the words "one year" shall be replaced by "two years".
6. In article 65, paragraph 2 reads as follows:
"(2) if the offender at the time from conviction to completion of sentence
in General, the community does not lead an orderly life, avoiding the onset of exercise
the sentence, without a serious reason violates the agreed conditions of imprisonment
in General, community service, otherwise undermined the performance of this penalty or culpably
This is not exercised within the time penalty, the Court may transform even
during the period fixed for its execution, the punishment of community service work
or the rest of the
and) under the conditions of § 60 para. 1 in a sentence of house arrest, and for case
the performance of this punishment was thwarted, provide for the replacement of imprisonment,
which may not be more stringent than the punishment that should the offender threatened in
the case of conversion of the sentence of community service work in the penalty of deprivation of liberty;
While each even started one hour nevykonaného punishment in General
community service is worth a day of house arrest, or
(b)) in a prison sentence and decide at the same time about how its performance;
While each even started one hour nevykonaného punishment in General
community service is counted as one day of imprisonment. "
7. In § 89 paragraph 1. 1, the second sentence is replaced by the phrase "the Court may, at the same time
say the offender supervision and at the same time save to set
part of the probationary period, following the commencement of the trial period, the offender
He was kept at a specified time on your dwelling or any part thereof. ".
8. In § 89 paragraph 1. 2, the second sentence is replaced by the phrase "Conditionally released
According to § 88 para. 2 Court saves to keep the trial period
a specified time period in your dwelling or any part thereof, or to
He has done work for the benefit of municipalities, State, or other community service
institutions, or to provide a specified amount of money to help the victims
crime on behalf of the Court. ".
9. In § 89 paragraph 1. 3 the first sentence, the words "paragraph 2" shall be replaced by
"paragraphs 1 and 2".
10. In paragraph 99, at the end of paragraph 5, the following sentence "without conditions § 100
paragraph. 1 or 2, the Court may change the constitutional protective treatment on the
security detention, if stored and carried out by the protective treatment
to fulfil its purpose or provide sufficient protection of the company,
in particular, in the event that the offender ran away from the health care facility,
violence against employees of the medical device or other persons in the
the performance of the protective treatment or repeatedly refused the inquiry or treatment
performance or otherwise showed a negative attitude to a protective treatment. ".
11. In § 100 para. 1, the words "especially serious" are deleted.
12. In § 100 para. 2 (a). (b)), the words "particularly serious" are deleted.
13. in paragraph 145 of paragraph 1. 2 (a). (g)), after the word "again" the words
"or, after he committed another particularly serious crime associated with intentional
cause severe personal injury or death, or his attempt ".
14. in § 146a of paragraph 1. 4 (b). a), the words "1 or" shall be deleted.
15. in section 192 paragraph. 1 and 2 of the introductory part of the provision, the word "child"
the words "or a person who appears to be a child".
16. In article 205 paragraph. 2 the words "the Act referred to in paragraph 1" shall be replaced by
"such an act".
17. in section 226 paragraph 4 is added:
"(4) by imprisonment for six months to three years, the offender will be
punished,
and if the offence) cause referred to in paragraph 1, 2 or 3 significant damage,
(b)) if such offense for himself or for another substantial benefit,
or
(c)) commit such act as an official person. ".
18. In paragraph 241, paragraph 1 reads:
"(1) who fails to comply with a larger scale
and as an employer or payer) its legal obligation to pay for the
the employee or another person tax, social security contributions,
contribution to the State employment policy or health
insurance, or
(b)) as an employer your legal obligation to pay the premiums on a
accident insurance of employees, shall be punished by imprisonment for up to three
years or prohibition of activity. ".
19. in paragraph 241, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
20. in section 241 para. 2 and 3, the words "or 2" shall be deleted.
21. in paragraph 256, the following paragraph 4 is added:
"(4) who, in the circumstances referred to in paragraph 1, the requested or you can
promise securities or other benefit and commits such act as the official
the person shall be punished by imprisonment for three years to ten years. ".
22. In article 257 paragraph. 2 of the introductory part of the provisions in section 258 and paragraph. 2 start
part of the provisions, the words "one year up to five years or financial penalty"
replaced by the words "two years to eight years".
23. In article 257 paragraph. 3 of the introductory part of the provisions of § 258, para. 3 of the introductory part
the provisions of paragraph 1 and section 331. 3 of the introductory part of the provisions, the words "two years
up to eight years "shall be replaced by the words" three years to ten years ".
24. In paragraph 288 paragraph 2. 2 (a). and), the word "or" is deleted.
25. In paragraph 288 paragraph 2. 2 (b)):
"(b)) if such act committed against a child under 15 years of age, or".
26. in paragraph 288 paragraph 2. 2, the following point (c)), which read as follows:
"(c)) if he commits such act in a significant extent of older against a child
15. ".
27. in paragraph 288 paragraph 2. 3 (b). (c)), the word "greater" is replaced by
"significant".
28. section 293 and 294, including headings:
"§ 293
Damage and danger to the environment
(1) Whoever in violation of Ordinances intentionally injures or threatens
soil, water, air, or other component of the environment, and in
larger scale or larger, or in such a way that it can
cause severe personal injury or death or if it is to eliminate
the consequences of such acts should be made in significant costs to the extent
or who intentionally damage or threats to the elements of the
environment will increase or make it more difficult remedy or mitigation will be punished
imprisonment of up to three years or prohibition of activity.
(2) imprisonment for one to five years, the offender will be punished,
and if the offense commits a) referred to in paragraph 1, again
(b) if he commits such) Act because they violated an important obligation
arising out of his employment, profession, position or function or
saved him according to the law,
(c)) if he causes such act permanent or long-term damage to the folder
of the environment,
(d)) if it is to eliminate the consequences of such an act should be made in the costs
a large scale, or
(e)) if he commits such Act intends to acquire for himself or for another considerable
benefit.
(3) imprisonment of two years to eight years, the offender will be punished,
commit such Act intends to get for himself or for another favor
a large scale.
§ 294
Damage and danger to the environment through negligence
(1) Whoever in violation of Ordinances from the gross negligence of the damage
or will threaten the land, water, air, or other component of the environment,
and on a larger scale or larger, or in such a way that the
This can cause severe personal injury or death, or if
remove the effects of such acts should be made in significant costs
extent, or who from the gross negligence of such damage or threat
elements of the environment increases, or make it more difficult remedy or
to mitigate this, shall be punished by imprisonment for up to six months or a ban
activity.
(2) imprisonment of up to two years or a ban on the activities of the offender will be
punished,
and if the offense commits a) referred to in paragraph 1 because they violated an important
obligation arising out of his employment, profession, position or
function or stored according to the law,
(b)) if he causes such act permanent or long-term damage to the folder
the environment, or
(c)) if it is to eliminate the consequences of such an act should be made in the costs
a large scale ".
29. the following section is inserted after section 294 294a, which including the title reads as follows:
"section 294a
Damage to the water source
Who, even from gross negligence, causes damage to water resources
which provided for a protection zone, so that it ceases to exist or is considerably
weakened by the reason for the special protection of the water source will be punished
imprisonment of up to two years. ".
30. In section 296, the following paragraph 3 is added:
"(3) damage or threats to soil, water, air or other folder
the environment includes the operation of the equipment in which it is
dangerous activity carried out or in which are stored or used
hazardous substance or mixture, without a permit, according to another legal
prescription. ".
31. in paragraph 297 para. 1, the word "gross" is deleted.
32. the following section is inserted after section 298 298a, which including the title reads as follows:
"§ 298a
Unauthorized production and other substances harmful to the ozone handling
layer
(1) Whoever in violation of Ordinances in rather than small scale
produces, imports, export, to market ozone-depleting substance
or otherwise disposes of, shall be punished by imprisonment for up to one
the year ban or forfeiture of a thing or other property
values.
(2) imprisonment for six months to three years, the offender will be
punished,
and if the offense commits a) referred to in paragraph 1, again
(b) if he commits such) action plan to get for himself or for another considerable
benefit, or
c) commits such act on a very large scale. "
33. § 299-301, including headings:
"§ 299
Unauthorized handling of protected wildlife and flora
growing plants
(1) Whoever in violation of other legislation will kill, destroy, damage,
withdraw from the nature, processes, imports, export, propel, houses,
offers, arrange, oneself or others shall affix an individual especially
a protected species of animal or plant, or a specimen of a protected species
and he commits such act on more than twenty-five pieces of animals, plants
or specimens, shall be punished by imprisonment for up to three years, the prohibition of
activity or forfeiture of things or other property values.
(2) the same shall be punished who in conflict with other legislation
kills, destroys, damages, shall withdraw from the nature, processes, imports, export,
tour, keeps, offers, arrange, yourself or another must affix the
individuals strongly or critically endangered species animal or plant
or specimen of the species endangered of extinction directly or extinction.
(3) imprisonment for six months to five years, ban or
forfeiture of things or other property values, the offender will be punished,
and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized
the group,
(b) if he commits such) action plan to get for himself or for another considerable
benefit, or
(c)) if he causes such a crime long term or irreversible damage to the population
wild animal or wild plants or local
population or Habitat particularly protected species of animal or plant.
(4) imprisonment of two years to eight years, the offender will be punished,
and if the offense commits a) referred to in paragraph 1 or 2, in conjunction with organised
Group operating in multiple States,
(b) if he commits such) action plan to get for himself or for another
benefit of large extent, or
(c)) if he causes such a crime long term or irreversible damage to the local
population or Habitat of the critically endangered species animal or
plants.
section 300
Unauthorized handling of protected wildlife and flora
growing plants from the negligence
Who through gross negligence violates any other legislation that will kill,
destroys, damages, shall withdraw from the nature, processes, imports, export repeatedly
or tour, keeps, offers, or each other, or other
affix the individual particularly protected species of animal or plant, or
a specimen of a protected species in more than twenty-five pieces or
the individual critically endangered species animal or plant or specimen
the species endangered of extinction or the extinction directly, shall be punished by imprisonment
of up to one year, a ban, or forfeiture of a thing or
other property values.
§ 301
Damage to protected parts of nature
Who, even from gross negligence, breach of another law by
damage or destroy the tree, a significant landscape element, cave,
the specially protected territories, significant site or bird area
so that it ceases to exist or is severely weakened, and the reason for the protection of such
part of the nature will be punished by imprisonment for up to three years, the prohibition of
activity or forfeiture of things or other property value. ".
34. In article 304 paragraph 2. 1 the term "catch" is replaced by "fishing".
35. In section 311 paragraph 2 reads as follows:
"(2) the same shall be punished, who referred to in paragraph 1
who is threatening to do so, or who publicly instigates such
the hearing, a terrorist or member of a terrorist group financially, materially
or otherwise supports. ".
36. In Article 329 paragraph. 1 the final part of the provision, the words "six months to
three years "is replaced by" one year up to five years ".
37. In Article 329 paragraph. 2 of the introductory part of the provisions, the word "two" is replaced by
the word "three".
38. In paragraph 331 paragraph. 1 the final part of the provision, the word "three" is replaced by
the word "four".
39. In article 337 paragraph. 1 (b). a) after the word "of", the words
"or for which such permission easily."
40. In article 342 paragraph 1 reads:
"(1) who consistently, repeatedly, for a particularly exploitative working
terms and conditions or to a greater extent unlawfully employing or arrange
the employment of foreigners staying illegally in the territory of the United
Republic or does not have a valid work permit if, in another
the legislation required, will be punished with imprisonment of up to six
months, forfeiture of things or other property values or disabling
activity. ".
41. In article 342 paragraph 1 the following paragraph 2 is added:
"(2) the same shall be punished, who employs or provides work
an alien who is a child and staying illegally on the territory of the United
Republic or does not have a valid work permit under another legal
prescription. ".
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
42. In article 342 paragraph 1. 3 of the introductory part of the provisions of paragraph 1 and section 342. 4 and 5,
the words "paragraph 1" the words "or 2".
43. In paragraph 351, after the words "in a referendum forcing," alinea, which shall
added:
"who else or for another in connection with the exercise of electoral rights
or the right to vote in the referendum, provides, offers or promises
financial, securities, or other similar benefit to voted or voted
contrary to the independent expression of their will, ".
44. In paragraph 352, paragraph 3 reads:
"(3) as well as in paragraph 2 will be punished,
and) who conspires or srotí to commit such an Act, or
(b) if he commits the Act) referred to in paragraph 1 of the press, film, radio,
tv, a publicly accessible computer network, or other similarly
in an effective way. "
45. In article 363 para. 2, after the words "the activities (para. 216)," the words
"meddling in the insolvency proceedings (section 226),".
46. In article 363 para. 2, after the words "of the game (section 255)," the words "the negotiation
benefits at the award of the contract, when the public competition and auction
(section 256), defeated in the award of public contracts and public competition (section
257), defeated at public auction (section 258) ".
47. In article 363 para. 2, after the words "plants (section 302)," the words
"the abuse of power of a public official (section 329)".
48. In article 363 para. 2, after the words "to uncover the perpetrators of crime"
the words "committed by members of organized groups, in conjunction with the
organised group or ".
49. In paragraph 368 at the end of paragraph 3 the following sentence "the obligation of notification
the offence of trafficking in human beings under § 168 paragraph. 2 and the deprivation of
freedom (§ 170) also does not have a person providing assistance to victims of crime
action. ".
PART TWO
Amendment to the criminal procedure code
Article. (II)
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., Act 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 no 163/2010 Coll.,
Act No. 197/2010 Coll., Constitutional Court declared under no.
219/2010 Coll., Act No. 150/2007 Coll., Act No. 181/2007 Coll. and act
No 207/2006, is amended as follows:
1. In § 152 paragraph 1. 1, point (b)) the following new point (c)), which read as follows:
"(c)) the costs associated with the use of the electronic control system in
conditional release from imprisonment. "
Subparagraph (c)) and (d)) shall become points (d) and (e)).)
2. In § 152 paragraph 2 reads as follows:
"(2) the daily rate attributable to the costs associated with the exercise of custody,
the costs associated with the use of the electronic control system in
conditional release from imprisonment and costs associated
with the sentence of house arrest, and the method of payment of these costs down
The Ministry of justice generally binding legislation. ".
3. In § 152 paragraph 1. 3 the words "(a). (d)) "shall be replaced by" subparagraph (a). (e)) ".
4. In article 155, paragraph 2, the following paragraph 3 is added:
"(3) on the obligation of the convicted person, who has been conditionally released from exercise of
imprisonment, to pay the costs associated with the use of electronic
control system of the President of the Chamber of the Court shall decide that the convicted person from
imprisonment. In doing so, shall apply mutatis mutandis
specific legal provisions governing reimbursement of costs associated with the performance of
the sentence of house arrest, and the method of payment. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
5. In article 155 para. 6, the number "4" is replaced by "5".
6. In section 156, the words "§ 152 paragraph 1. 1 (b). (d)) "shall be replaced by ' paragraph 152
paragraph. 1 (b). (e)) ".
7. in section 306a after paragraph 2 the following paragraph 3 is added:
"(3) the period from the final conviction in its cancellation by
paragraph 2, to the limitation period. ".
The former paragraph 3 shall become paragraph 4.
8. In section paragraph 334a 1 introductory part of the provisions for the word "convicted"
the words "and the Centre of the probation and mediation service".
9. in section 334f at the end of paragraph 4, the words "or from other
Similarly, for serious reasons ".
10. § 334g, including the title reads as follows:
"§ 334g
The conversion of the sentence of house arrest in a custodial sentence
(1) on the conversion of the sentence of house arrest in imprisonment chooses to
President of the Chamber, upon a proposal by a probation or even without such a proposal
in a public meeting.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect. ".
11. § 340b including title:
"§ 340b
The conversion of the penalty of community service work in the sentence of house arrest or
deprivation of liberty
(1) on the conversion of the penalty of community service work or about the conversion of his
the rest of the sentence in house arrest or imprisonment, as well as the
leave the punishment of community service work in effect when determining the
supervision or other unsaved reasonable restrictions, reasonable
duties or, where appropriate, educational limitations, decides without undue
delay, President of the Chamber on a proposal from the probation officer
control over the performance of this sentence or on a proposal from the local authority or
institutions which are generally carried out community work, brought on
through this probation, or even without such a proposal
in a public meeting. About these decisions, President of the Chamber shall inform the
probation and mediation service centre in the circuit court in which the punishment
community service work performed.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect. ".
12. in section 351a is at the end of paragraph 1, the following sentence
"Constitutional protective treatment may, under the conditions laid down in the criminal
code change to the Security Court detention, if on the basis of
medical device design or message, in which you describe the progress and
the results of the earlier treatment, carried out by protective treatment did not lead to the
to achieve his purpose for the behavior of the person to which the protective treatment
exercises, and this conversion requires effective protection of society and the need to
the action of the person to whom the protective healing exercises, resources
security detention. ".
PART THREE
The EFFECTIVENESS of the
Article. (III)
This Act shall take effect on the first day of the calendar month
following the date of its publication, with the exception of the provisions of article. I point
43, which shall take effect on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
