77/2015 Sb.
LAW
of 19 December 2003. March 2015,
amending the law No 104/2013 Coll., on international judicial cooperation
in criminal matters, and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on international judicial cooperation in criminal matters
Article. (I)
Act No. 104/2013 Coll., on international judicial cooperation in matters
criminal, is amended as follows:
1. At the end of footnote 1, the following sentence "Directive
The European Parliament and of the Council of 2011/99/EU of 13 July. December 2011
the European protection order. ".
2. In section 213 paragraph. 2 the first sentence, after the words "when the simplified transfer
not later than 10 days from the ", the words" legal effect ".
3. In section 251 paragraph. 1, after the word "promise", the words "the preliminary
measure ".
4. the following is added in part five, title X, which including the title and notes
footnote 39 to 42:
"THE TITLE X
THE EUROPEAN PROTECTION ORDER
Part 1
Common provisions
§ 340
The scope of the
(1) the provisions of this title are used to ensure the continued protection
against criminal activities on the basis of a European protection order on
the territory of the
and) of another Member State, if a person was granted a protective
statement issued in criminal proceedings in the Czech Republic, or
(b)) the United States, if a person was granted a protective
statement issued in criminal proceedings in another Member State.
(2) under this title shall be applied in relation to other Member States,
for that is the European Union's binding legal regulation governing the European
protection order ^ 39).
§ 341
(1) a European protection order issued on the basis of a protection order
referred to in paragraph 2
and) the judicial authority under this Act, or
(b) the judicial authority or an equivalent) of another Member State in accordance with its
the rule of law.
(2) a protection order "means a decision issued in criminal proceedings
the Court and the pre-trial judge or the public prosecutor, or
the decision issued by the enforcement authority of another Member State,
If it was issued in order to protect the person from the criminal act which
may endanger her life, health, freedom or human dignity, and
the suspect, the accused or the convicted party stores
and prohibition of entry into certain) places or defined areas that the person
protected protection order or where he is staying,
(b)) the prohibition or restriction of contact with the person protected protection order,
including contacts via an electronic communications network or other
by similar means, or
(c)) the prohibition or restriction on the approaching person protected
protection order closer than to a specified distance.
(3) the protected person means the person in whose protection has been issued
protection order.
(4) the Threatening person means the person that was banned or
limitation of protection order.
§ 342
(1) the procedure under this title, the judicial authority shall ensure that the
threatening a person in a secret place, where is staying protected person, or
other information allowing it to contact you, if their communication is not threatening
a person necessary for the purpose the definition of prohibition or restriction, which is
threatening a person stores.
(2) the judicial authority when the procedure under this title shall cooperate with
the competent authority of another Member State, in particular the exchanges with him
all the necessary information.
(3) the Ministry, at the request of the Court, and the Supreme Public Prosecutor's Office on
the request of the public prosecutor shall provide assistance in finding the necessary
information, in particular when the findings of the competent authority of another Member
the State, which is to be sent to the EPO, or validate
the conditions laid down by the laws of that Member State for its
the recognition and adoption of related measures. The same synergies will provide
the Ministry at the request of the institution of another Member State when it detects a
the necessary information with regard to the competent authorities of the United States or
verification of the conditions laid down by the laws of the United States.
(4) for the purposes of reporting to the institutions of the European Union and facilitating the
cooperation with other Member States of the Supreme Public Prosecutor's Office and
the courts shall provide to the Ministry at its request, the necessary information, in particular
a number of European protective orders sent to other Member
States to the recognition and acceptance of the follow-up and outcome of these proceedings,
in other Member States, as well as similar information regarding the
European protection commands sent by other Member States, in the United
of the Republic.
Part 2
The recognition of a European protection order in another Member State and the adoption of
related measures
§ 343
Conditions for taking over the European protection order
(1) a European protection order issued by another Member State can take over the
for the purposes of a decision on its recognition as regards the decision issued by the
and judicial or equivalent) authority of another Member State on the basis
protection order issued in the criminal proceedings and
(b)), at the request of the protected person, which is staying or residing in the territory of the
The United States, or intends to stay or have a residence.
(2) the reception of the European protection order shall not prevent, if
protection order that is described in the European protection order of any of the prohibitions
or restrictions specified in § 341 of paragraph 1. 2.
(3) If a protected person for the issue of a European protection order
judicial authority and protection order, on the basis of which to be released
the European protection order, was issued in another Member State, judicial
authority shall forthwith transmit to the competent authority of another Member
State.
§ 344
The jurisdiction of the
(1) the procedure under this part and part 1 is the District Court in
whose jurisdiction he resides or has a residence of protected person. If not present
This person in the Czech Republic, or is not domiciled here, is competent
the District Court in whose district the person intends to stay or have
residence.
(2) to change the facts decisive for determining territorial jurisdiction
occurring after the initiation of the proceedings shall be disregarded.
(3) if the European protection order sent to the authority, which is not to advance
under this part and part 1, shall immediately communicate it to the competent
at the same time to the competent court and shall inform the competent authority of the assignment
another Member State, which has sent it to him. If the Court, which was
the European protection order referred to, doubts about his nationality,
progresses appropriately in accordance with § 24 of the code of criminal procedure.
§ 345
Procedure for the recognition of a European protection order and the adoption of follow-up
measures
(1) the procedure for the recognition of a European protection order and the adoption of follow-up
measures shall be initiated at the moment when the competent court was delivered
the European protection order issued by another Member State.
(2) are not complied with the conditions for the taking over of the European protection
command, a single judge terminates the proceedings and of its termination and the reasons for that
therefor, shall immediately inform the competent authority of another Member
the State Prosecutor, if it was already active, and the protected person.
(3) if in proceedings continue because of that is not the reason for the
non-recognition of a European protection order, a single judge of this fact
shall inform the competent authority of another Member State and requests
a statement whether the recognition of a European protection order lasts, in
time limit which provides for this purpose. Unless the competent authority
another Member State within the time limit, or unless the circumstances that
refute the reason for that is not in the proceedings continue, the single judge procedure
exits and its termination and the reasons that led to it, it shall immediately
shall inform the competent authority of another Member State, the public prosecutor,
If it was already active, and the protected person.
§ 346
The decision to recognise the European protection order and the adoption of follow-up
measures
(1) If a judge does not consider the European protection order sent to a different
Member State with a sufficient basis for a decision on the recognition and
the adoption of the follow-up measures, the competent authority of the Member
State to him within the time limit laid down in the necessary additional sent
information. If the customer does not send to another Member State, the additional information in the
the specified time limit, without substantial stated the reasons for which such
to do so, a judge terminates the proceedings and of its termination shall inform the competent
authority of another Member State, the State Prosecutor, if it was already
active, and the protected person. These consequences shall be the competent authority of
another Member State notified.
(2) as to whether the European protection order shall recognise or acknowledge, and about
the measures taken by a single judge shall decide without delay.
(3) the decision to recognise the European protection order and related
measures a single judge delivered without undue delay to the Prosecutor and
the protected person. If a judge has been recognised by the European protection order,
the decision delivers also threatening person. If the single judge did not acknowledge the European
protection order shall inform the protected person of the conditions under which
may apply for the taking of precautionary measures referred to in the criminal procedure code. About
the recognition of a European protection order and the measures taken, including
the consequences of their infringement, a judge without undue delay, inform the
the competent authority of another Member State; in the case of non-acceptance, it shall notify the
and the reasons for such a procedure.
(4) where a decision cannot be referred to in paragraph 3 to deliver threatening person from
because of its unknown residence and the place of residence shall fail to
not taking advantage of the cooperation provided by the competent authority of another
Member State, a single judge terminates the proceedings and of its termination, including
reason of such a procedure, it shall immediately inform the competent authority of the
another Member State, the public prosecutor and the protected person.
§ 347
The grounds for non-recognition of a European protection order
(1) the single judge does not recognise the European protection order issued in another Member
State, if
and) recognition of a European protection order and the adoption of follow-up measures should
contrary to the idem principle,
b) an offence for which he was a protection order that is described in the European protection
the command is issued, the characters do not populate the facts of the offence under
the law of the United States,
(c) threatening person) under the law of the United States or
international law on privileges and immunities, for which it is excluded from the jurisdiction of
bodies active in criminal proceedings,
(d) the person would not be threatening) under the law of the United States
due to their age, be held criminally responsible for the acts for which he was
issued a protection order that is described in the European protection order
e) criminal responsibility for the acts for which he was a protection order
as described in the European protection order issued, according to the rule of law
The United States and barred such a protection order was issued for
deed, whose prosecution is under the legal order of the Czech Republic in
the powers of the authorities of the Czech Republic,
f) prohibition or restriction imposed threatening person protection order
as described in the European protection order does not match the prohibition or restriction
referred to in § 341 of paragraph 1. 2, or
g) the prohibition or restriction imposed threatening person protection order
as described in the European protection order is part of a sentence or
the protective measures, the pursuit of which is subject to in the Czech Republic
Amnesty, and such prohibition or restrictions have been imposed for an offence of which the
the prosecution is under the law of the United States under the jurisdiction of bodies of the Czech
of the Republic.
(2) If a question arises as to whether or to what extent it is threatening
a person excluded from the powers of the bodies active in criminal proceedings, shall decide on the
the design of this person, a prosecutor or a judge of the highest
the Court.
(3) a judge may not recognise the European protection order, where the protective
It described the command issued to the deed had been committed wholly or partly on the
the territory of the United States or outside the territory of the United Kingdom on board a ship
or other vessels, aircraft or other vehicle, air traffic
the resource that are registered in the Czech Republic; in doing so, shall take into account
in particular, the circumstances of committing the deed.
(4) the single judge not to recognise the European protection order if it is
Obviously incomplete or not translated into Czech language or another language,
in which the European protection order can be declared by the United
States ^ 40) take. Before the decision on non-recognition of the single judge shall invite the
the competent authority of another Member State, to give him within the time limit laid down in
posted by accompanied by the text of the European protection order or its translation
to the appropriate language. At the same time it notifies you that if you fail to do so in the
the specified time limit, without substantial stated the reasons for which he
to do so, does not recognise the European protection order.
§ 348
The recognition and adoption of related measures
Unless the case referred to in § 345 of paragraph 1. 2 or 3 or in § 346 paragraph 1. 1
or in section 352 para. 1 the second sentence, or if there is no ground for non-recognition
the European protection order, the judge shall recognise the European protection order
on the territory of the Czech Republic and at the same time saves the threatening person follow-up
the measure, which is always that of the provisional measures referred to in section 88 c
the criminal procedure code, which by its very nature the most corresponds to the prohibition or restriction
stored within the protection command as described in the European protection order, and
No matter what stage of the criminal proceedings was a protection order in the
another Member State is issued. When you save a follow-up measures progresses
mutatis mutandis under section 88b to 88 m code of criminal procedure. Part of the resolution is also
lessons about the consequences of a violation of a follow-up measures.
§ 349
Complaint procedures
(1) the decision under section 347 paragraph. 1, 3 and 4 or § 348 is permissible
the complaint, which has a suspensory effect. Complaints cannot be challenged the reasons
for which the European protection order or a protection order in it
described issued in another Member State.
(2) the court adjudicating on the complaint, the contested decision cancels and exits
proceedings, if the Court finds a reason referred to in section paragraph 345. 2 or 3 or in § 352
paragraph. 1 the second sentence. If the Court finds a reason referred to in section paragraph 345. 3, first of
This fact shall inform the competent authority of another Member State and
a request for the statement whether the recognition of a European protection order
It takes, within a period to be fixed for this purpose. Terminates the proceedings in
the case that the competent authority of another Member State does not respond within the
period or does not the circumstances that refute the reason for that is not in the
the proceedings continue.
§ 350
Follow-up
(1) unless otherwise provided for in this Act, in the exercise of the up-sell
measures of the single judge shall proceed mutatis mutandis in accordance with the provisions of the code of criminal procedure
governing the performance of the provisional measures; the provisions of § 88n para. 1
the criminal procedure code is. If he violates threatening person follow-up measures,
It can only store a single judge fined.
(2) breach of the measures threatening the person followup single judge without
undue delay, notify the competent authority of another Member State.
The notice of violation follow-up measures shall be sent on the form
provided for by the law of the European Union governing the European
protection order ^ 41) translated into the official language or one of the
the official languages of that Member State or into a language in which this
State according to their Declaration) notification accepts the 40 ^ ^.
Section 351
Repeal and amendment of related measures adopted
(1) if the authority of another Member State, the protection order that is described in
the European protection order, a judge will decide whether follow-up measures
stored on the basis of the European protection order shall be amended as follows, saves
instead of the other, or whether to keep it in its original form. -Changed
protection order another obligation, than that is listed in § 341 of paragraph 1. 2,
a single judge decides to leave the connecting measure in its original form;
as it progresses, even if that reason is given for the non-recognition of the new
the European protection order under section 347 paragraph. 4 and the competent authority
another Member State without putting substantial reasons, does not comply with its
the invitation within the time limit. The decision of the single judge shall deliver to the
representatives, the protected person and threatening person. It is against this decision
admissible complaint which shall have suspensive effect. Complaints cannot be challenged
the reasons for which the European protection order or a protection order in the
It described issued in another Member State.
(2) the Judge shall inform the competent authority of another Member State to change
a follow-up measure imposed on the basis of recognised European protection
command or about his leaving in force, including the reasons,
for that not to change them. If the single judge shall keep in
the validity of the follow-up measures imposed on the basis of recognised European
a protective order, the competent authority of another Member
State, whether to continue its performance, or whether it has to cancel.
(3) a judge shall decide without undue delay on the abolition of the up-sell
the measure, if
and) the competent authority of another Member State shall inform the Court that does not insist on
Next up-sell performance measures imposed on the basis of the original
the European protection order,
b) the protected person has stopped on the territory of the United States or
here no longer has a residence,
(c)), the competent authority of another Member State shall inform the Court of the cancellation
the European protection order,
(d)) this is the case referred to in § 352 para. 2 the second sentence, or
(e)), the fact other occurs as a result, you cannot continue
up-sell performance measure imposed on the basis of recognised European
protection order.
(4) the cancellation of a follow-up measures pursuant to paragraph 3 and of the reasons for such
procedure single judge without undue delay inform the competent authority of the
of another Member State.
§ 352
Accumulation control
(1) if the United States sent a protection order that is described in
the European protection order for the purposes of the procedure referred to in title IV or IX and
a single judge of this fact before deciding on the recognition of
the European protection order and the adoption of follow-up measures pursuant to section 348,
postpone the decision until there is a final decision on the recognition and
the performance of protective order under Title IV or IX. If it has been in the management
in accordance with title IV or IX finally decided that the protection order
recognised and enforced, the single judge procedure for the recognition of a European protection order
and the adoption of follow-up and of this fact, including
indication of the reasons, shall inform the competent authority of another Member State,
the public prosecutor and the protected person. Otherwise, a single judge in the
the procedure continues.
(2) if the United States sent a protection order that is described in
the European protection order for the purposes of the procedure referred to in title IV or IX and
a single judge of this fact until after what has already been
decided that a European protection order recognises and stores the follow-up
the measures referred to in paragraph 348, continues in up-sell performance measures to
until it is finally decided on the recognition and enforcement of protection order
in accordance with title IV or IX. If the proceedings referred to in title IV or IX
Finally decided that the protection order is recognised and enforced by a single judge
shall decide on the revocation of a follow-up measures; in the opposite case, the
follow-up of the measures in force.
section 353
The cost of
The costs of proceedings for the recognition and acceptance of the European protection order
follow-up carries the Czech Republic.
Part 3
Ensure the protection of the protected person in another Member State
§ 354
Issue, amendment and cancellation of the European protection order
(1) the judicial authority which is competent to execute the protection order,
the protected person may, on request, issue a European protection order,
staying if the protected person or if he resides in the territory of another
a Member State or which wishes to keep in it or have a residence.
Judicial authority when considering whether to issue a European protection order,
in particular, take into account the length of time that the protected person intends to stay
or be resident in another Member State, and the extent of the threat. Before
the release of the European protection order, the judicial authority shall check that the protective
the command, which is to be issued, the stores one of the prohibitions or
limitations of the relevant prohibitions or restrictions referred to in § 341 of paragraph 1. 2.
When the judicial authority shall not issue a European protection order, decide whether to reject
the application of the protected person.
(2) the European protection order shall be issued on the form provided for by the legal
the EU regulation governing the European protection order ^ 42) and
contains the particulars shown therein.
(3) where in respect of a protective order against the same Member State in
account of the procedure referred to in title IV or title IX, the competent judicial authority shall preferably
proceed according to the provisions of these titles.
(4) the European protection order or a decision rejecting the application
of the protected person about his release judicial authority delivers to the protected person.
Against a decision to reject an application for the issue of a European protection
the protected person may lodge a complaint.
(5) If a protective order is changed or cancelled, judicial authority which
European protection order, it shall amend or
It revokes. The changed European protection order judicial authority delivers the
the competent authority of another Member State and shall inform the change also
the protected person. On appeal the European protection order judicial
authority shall inform the protected person and the competent authority of another Member
State.
§ 355
The sending of a European protection order to another Member State
(1) the judicial authority which issued the European protection order, it shall send the
the competent authority of another Member State in which the protected person
resides or is domiciled or in which it is intended to delay or have
residence, for the purpose of recognition and the adoption of follow-up measures.
(2) the European protection order shall be sent to the competent judicial authority of the authority
another Member State, translated into the official language or one of the
the official languages of that Member State, or in the language in which it
that Member State in accordance with its Declaration of ^ 40).
(3) at the request of the competent authority of another Member State shall provide the
judicial authority and the addition of the necessary supplementary information for the purpose of recognition
the European protection order and the adoption of follow-up measures.
section 356
The consequences of sending a European protection order to another Member
State
(1) the recognition of a European protection order by the authority of another Member State
and the adoption of follow-up measures shall not prevent the enforcement of protection order, the
the basis of the European protection order was issued.
(2) if the authority of a Member State which has recognised the European protection
command, and has taken follow-up actions, inform the judicial authority that
threatening a person violated this follow-up measures, the procedure is similar
as in the case that would be threatening the person has violated the conditions laid down
protection order on the territory of the Czech Republic, where the performance of the protective
command passed to one of the Member States.
(3) the judicial authority shall immediately inform the competent authority of another Member
the State of any decision, action or facts, in the
as a result, you cannot continue the performance measures taken by another Member
by the State on the basis of recognised European protection order.
39) directive of the European Parliament and of the Council of 2011/99/EU of 13 July.
December 2011 on the European protection order.
40) article 17 paragraph 2. 3 of the directive of the European Parliament and of the Council of 2011/99/EU
of 13 October. December 2011 on the European protection order.
41) annex II to the directive of the European Parliament and of the Council of 2011/99/EU of
December 13, 2011 on the European protection order.
42) Annex I to the directive of the European Parliament and of the Council of the day 2011//99/EU
December 13, 2011 on the European protection order. ".
The existing section 340 and 341 are known as § 357 and 358.
PART TWO
Amendment to the criminal procedure code
Article. (II)
In § 88n Act No. 141/1961 Coll., on criminal court proceedings (the criminal
of procedure), as amended by Act No. 45/2013 Coll., the following paragraph 5, which
added:
"(5) If, on the basis of an interim measure issued by a European protection
command under the Act on international judicial cooperation in matters
criminal and of the modification or the cancellation of the interim measures decided
body active in criminal proceedings, that is different from the authority that issued the
the European protection order shall send its decision to the judicial
authority. ".
PART THREE
Amendment of the Act on the judiciary in matters of youth
Article. (III)
In part one, title II of Act No. 218/2003 Coll., on responsibility of youth
for unlawful acts and the judicial system in matters of youth and amending
Some laws (the law on the judicial system in matters of youth), 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. 181/2007 Coll.
Act No. 357/2010 Coll., Act No. 375/2007 Coll., Act No. 459/2007 Coll.
Act No. 193/2009 Coll., Act No. 390/2012 Coll. and Act No. 45/Sb.
for part 7 shall be added to part 8, including the title reads as follows:
"Part 8
International judicial cooperation in criminal matters of minors
section 88a
(1) by decision imposing juvenile replacement measures binding
that can be subject to conditions laid down by the law on international
judicial cooperation in criminal matters be sent to another Member State to
recognition and enforcement procedure laid down in part five, title IV, parts 2 and 3 of the law on
international judicial cooperation in criminal matters, a final decision
the decision of the public prosecutor or the Court, that it was decided to
leaving the accused young person at large or for his release from the
links for the current binding replacement guarantee, promise, supervision
by a probation or provisional measures provided in the code of criminal procedure, or
by placing it in the care of a trustworthy person under this Act.
(2) by decision imposing a pecuniary sanction or other juvenile
cash transactions which may be subject to conditions laid down by the law on
international judicial cooperation in criminal matters sent to another
Member State to recognition and enforcement procedure laid down in Title VI of part five
Part 2 of the Act on international judicial cooperation in criminal matters, it is
the final decision of the Court was saved cash measures,
or which was ordered conditionally deferred financial performance measures
or that the decision was made on the obligation of a convicted juvenile to
reimbursement of costs of the criminal proceedings in favor of the State, as well as the decision of the
Authority participating in criminal proceedings, which was juvenile in criminal
management of stored riot fine.
(3) by decision of the juvenile forfeiture or imposing prevents
assets, goods or other assets that may be subject to
the conditions laid down by the law on international judicial cooperation in
criminal matters sent to another Member State to the recognition and enforcement of
procedure laid down in part five title VII of part 2 of the Act on international
judicial cooperation in criminal matters, a final decision in
the Court, which has been saved
and criminal confiscation measures) or other property values
(b)) the confiscation of replacement values at a yield of crime,
(c) protective measures to prevent things) or other assets, or
d) prevents the replacement values under the proceeds of crime.
(4) the Decision imposing the penalty associated with juvenile detention
personal freedom, which can be subject to conditions laid down by the law on
international judicial cooperation in criminal matters sent to another
Member State to recognition and enforcement procedure laid down in title VIII of part five
Part 2 of the Act on international judicial cooperation in criminal matters, it is
the final decision of the Court was imposed punitive measures
unconditional imprisonment or it was decided his performance the rest of the,
including the cases where it was decided to conditionally deferred performance
criminal measures involving deprivation of liberty, the performance of the replacement of the criminal
measures involving deprivation of liberty for criminal measures betrothed party house arrest
or cash, or criminal measures which have been on the unconditional withdrawal of the
freedom transformed criminal measures in General, community service, or
imposing security detention, institutional protective treatment or
protective education.
(5) the Decision imposing the penalty of juvenile detention nespojenou
personal freedom, supervision or restrictions or obligations that can be
compliance with the conditions laid down by the law on international judicial cooperation
in criminal matters sent to another Member State to the recognition and enforcement of
procedure laid down in Title IX of part five of the part 2 of the Act on international judicial
cooperation in criminal matters, it is the final decision of the Court
He was a juvenile, against whom it has been conditionally waived the imposition
criminal measures, which was conditionally suspended the exercise of criminal
measures involving deprivation of liberty, or who has been conditionally released from exercise of
criminal measures involving deprivation of liberty, saved by a probation supervision,
the obligation to submit to the probation program, educational obligation or
educational restrictions, and the final decision of the Court was
juvenile penal measures imposed house arrest, in General
community service, prohibition of the activities of the entry ban on sports,
cultural and other social events or outpatient treatment.
(6) for the enforcement of another Member State leading to
juvenile, which has been recognised under the procedure provided under the fifth titles IV, VI,
VIII and IX of the Act on international judicial cooperation in criminal matters,
proceed under this Act and under the criminal procedure code. ".
PART FOUR
Changing the law on victims of crime
Article. (IV)
In section 14 of Act No. 45/2013 Coll., on victims of crime and amending
Some laws (the law on victims of crime), the following paragraph
8, which reads as follows:
"(8) the judicial authority will issue a European protection order under the conditions
provided by law for international judicial cooperation in matters
criminal. ".
PART FIVE
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the first day of the first calendar month
following the date of its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
