459/2011 Sb.
LAW
of 6 May 1999. December 2011,
amending Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended, and certain other laws
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. and Act No.
357/2010 Coll., shall be amended as follows:
1. In article 2 (2). 4, the second sentence is replaced by the phrases "the criminal case must
dealt with swiftly without undue delay; with the largest by accelerating the
in particular, the remand of the case and discuss things, which ensure
property, if it is needed because of the value and nature of the secured
asset. Criminal cases are heard by a full investigation of rights and freedoms
guaranteed by the Charter of fundamental rights and freedoms and international treaties
on human rights and fundamental freedoms, which the Czech Republic
bound; in the implementation of the operations of criminal proceedings can be added to these rights,
affected by such acts of concern to them, to intervene only in justified cases
on the basis of the law and to the extent necessary to ensure the purpose of the criminal
control. ".
2. In article 2 (2). 12, the words "and private" is replaced by "binding
and private ".
3. in section 17(2). 1 the beginning of the text of the letter a), the words
"killing, the murder of the mother of the newborn child,".
4. In article 17, after paragraph 1, insert a new paragraph 2 is added:
"(2) a County Court is held in the first instance whether or not a crime
drunkenness in the case that the act otherwise committed a crime, the offender in
the State, which, testee's culpably induced characters
the merits of any of the offences for which it is established
the jurisdiction of the District Court referred to in paragraph 1. ".
The former paragraph 2 becomes paragraph 3.
5. In section 17 is at the end of paragraph 3, the words "or 2".
6. in section 30 paragraph 2. 2 the second sentence after the word "tour" the words
"or a tour of the other premises and land".
7. § 36 odst. 1 (b). and), after the words "freedom", the words ", in
the performance of the protection measure involving deprivation of freedom ".
8. § 36 odst. 4 (f)):
"(f)) in proceedings for the recognition and enforcement of a foreign judgment, which was
saved by imprisonment or has been turned into a conditional
punishment or other punishment to imprisonment, or
It was imposed a safeguard measure involving deprivation of liberty. ".
9. the following section is inserted after section 36a 36b, which reads as follows:
' paragraph 36b
(1) if the reason given must be the defence pursuant to § 36 odst. 3 or § 36a para.
2 (a). (b)), the accused may advocate giving up, unless an offence
that can save an exceptional punishment. The accused may give up even in the advocate
If necessary the defence under § 36 odst. 4 (b). and).
(2) waiver of Attorney referred to in paragraph 1 may be made only by the accused
the express written declaration or orally by the officer
in criminal proceedings, who leads the proceedings; the Declaration must be made in
the presence of the defence counsel and, after prior consultation with him.
(3) a declaration of surrender the accused may at any time take the Defender back.
Along with the withdrawal of the Declaration has accused present a power of Attorney
defense lawyer, whom he chose, or ask on its provisions; If so
they do not, it is considered that the Attorney did not elect him and advocate without delay
shall designate. If the accused took their Declaration of surrender Defender back,
cannot advocate giving up again.
(4) the Acts made since the delivery of the Declaration of surrender Attorney authority
law enforcement to his withdrawal need not be repeated just out of
the reason that the accused did not have defence counsel at this time. ".
10. In paragraph 39, at the end of paragraph 3 the following sentence "If the accused Gave
appointed defense attorney declaration under section 36b and subsequently took this
the declaration back, he will appoint the same defender, if that is possible. ".
11. under section 52 shall be added to § 52a is inserted:
"§ 52a
If it is necessary for the protection of the rights of persons, in particular with regard to their
age or health condition, or if so required by security or other
compelling reasons can be when performing acts of criminal procedure to use
technical devices for the transmission of image and sound (hereinafter referred to as
"video conferencing device"), if this is the nature of the acts and
If it is technically possible. ".
12. In § 53 para. 1 the second sentence, after the words "carried out" the words ",
or through videoconferencing facilities; If the Act is not performed
through videoconferencing equipment, performed it outside your
the circuit yourself, "and the semicolon and the word", however, the act performed outside your
circuit yourself "shall be deleted.
13. in section 55a, at the end of paragraph 1, the following sentence "If the implementation of the
the Act used videoconferencing equipment, takes the audio and
video recording always. ".
14. in section 55b, at the end of paragraph 1, the words "shall be added; the provision of section 55a
paragraph. 1 the second sentence "shall remain unaffected.
15. § 56 para. 1, the first sentence is inserted after the sentence "If the operation is carried out
through videoconferencing facilities, the person to whom the Act applies,
the Protocol does not sign. ".
16. In article 64, paragraph 2 reads as follows:
"(2) if the addressee of the document Was to be delivered to their own
the hands, having been reached, the document is deposited and the addressee shall be appropriately
inform where it can pick up. ".
17. in § 64 paragraph 4 and 5 are added:
"(4) if the addressee's does not collect the document within ten days of storage,
It is considered the last day of the period for the day of service, even if the addressee
about depositing, although at the point of delivery, or referred
the address called for service. Serving the authority, after a vain
the expiry of the document to the House would roll or other addressee
used mailbox, unless the sender of the insertion of the document to the Clipboard
excludes. If there is no such mailbox, the document is returned to the sender and
posted about it on the official notice board.
(5) paragraph 4 is he delivers to
and the resolution on the initiation of the accused) criminal prosecution, the prosecution, the proposal on the
punishment, judgment, order, or subpoena to the main version
or public meeting, or
(b)) other document, if the President of the Chamber, the Prosecutor, or
the police authority of the important reasons. ".
18. In article 64, the following paragraph 6 is added:
"(6) if the service referred to in paragraph 4 is excluded, it must the sender to
consignment conspicuously indicate. In this case the body effecting returns
the document to the sender after the lapse of time of ten days from the date of
its housing. ".
19. in § 68 para. 1, the third sentence shall be deleted.
20. In § 68 para. 3, letter e) is added:
"e) has already repeated the crime for which he is prosecuted, or in such
Crime continued, or it was for such a crime in the
the last three years, convicted or punished. ".
21. in paragraph 68, the following paragraph 4 is added:
"(4) the limits referred to in paragraph 2 for an intentional criminal act is, of course,
If the binding is given a reason referred to in section 67 (a). (c)) and taking into account the
the nature of such a crime requires custody effective protection
the victim, in particular the protection of life, health, or other similar
interest. ".
22. in § 69 para. 4 the first sentence, the words "the nearest competent
the Court "shall be replaced by" the Court, whose judge issued the order, or to the place of
to allow this Court to hear through the
videoconferencing equipment; If this is not possible due to the exceptionally
unforeseen circumstances, the accused must be delivered no later than 24
hours after the arrest of another competent court "and the second sentence is
repealed.
23. in section 69, paragraph 5 is added:
"(5) a judge of the Court that issued the order to arrest, the accused must
listen to immediately decide on custody and notify this decision to the
the accused within 24 hours from the time the accused was delivered to the place of
questioning. The questioning of the accused if, exceptionally, a different jurisdiction
the judge to whom the accused was delivered due to unforeseen
in the circumstances, he shall inform the judge of the Court that the
the arrest has issued. This judge after getting information about the hearing will decide on the
custody and shall notify its decision by a judge of the performing
the questioning of the accused. If the accused person is not binding decision notified to the
24 hours since it was delivered to the place of the hearing must be released
to freedom. The accused has the right to request that the defence counsel was present when
His questioning if it is reachable within that period. ".
24. in section 69, paragraph 6 shall be deleted.
The present paragraph 7 shall become paragraph 6.
25. In the heading of section 70, the words "taking into custody" shall be replaced by the word "custody".
26. in paragraph 70, the third sentence is replaced by the phrase "on the withdrawal of the alien into custody and
his release from custody shall also inform the consular post of the State of which the
the alien's nationality if the alien requests, unless otherwise
famous for the international treaty, which the Czech Republic is bound. ".
27. § 71, 71a and 72 including the following titles:
"§ 71
Review of the duration of the reasons binding
(1) the authorities responsible for criminal proceedings are obliged to continuously examine whether
the reasons for custody persist or for the accused have not changed and that it cannot be
link to replace any of the measures referred to in section 73 and 73a. Shall take into account
also as to whether leaving the accused in custody requires
the difficulty of the case or other serious reasons for which cannot be a criminal
the prosecution of the end, and whether the release of the accused from custody were frustrated
or substantially more difficult achievement of the purpose of criminal prosecution. The judge then
in preliminary proceedings only when deciding on
and the accused) requests for release from custody,
(b) the public prosecutor on) draft decision on leaving the accused in
custody,
(c) the reasons for the change binding) when he was found a new reason, or binding
(d) a complaint against the resolution) the public prosecutor of the binding.
(2) the accused must be immediately released from custody, if the
and) terminated or
(b)) it is clear that, given to the person of the accused and of the nature and severity of the
the prosecution case will not lead to the imposition of unconditional prison sentence
freedom, and if they are not given the circumstances referred to in § 68 para. 3 and 4.
section 71a
Request for release from custody
The accused has the right at any time after the decision on custody
request for release from custody. For a request for release from custody shall be deemed
(I) proposal on the adoption of one of the accused, actions of the replacement link.
Such a request must be made without undue delay. If it was
application is rejected, the accused may, unless other reasons in it
Repeat until the expiry of 30 days after the final of the last decision,
dismissing his request for release from custody, or which
It was decided to further detention or about changing the reasons for custody.
§ 72
Deciding on the duration of other links
(1) every three months at the latest from the decision on taking into
binding or final decision on custody is in preliminary proceedings
judge to decide on the proposal of the State Prosecutor on whether to
the accused person still leaves it in custody, or whether from the binding.
Otherwise, the accused must be immediately released from custody.
(2) the proposal of the public prosecutor to release the judge's decision on the further duration
binding under paragraph 1 are to be sent to the Court not later than 15 days before the
expiry of a period of three months.
(3) the Court shall, not later than 30 days from the date on which it was filed
the indictment against an accused person who is in custody, or when it has been delivered
the dossier on the basis of the decision on the referral or referral of the accused,
that is in custody, to decide whether the accused should remain in
custody, or whether from the binding of entry; otherwise, the accused must be
promptly released from custody. If the Court of the accused in custody, or
If the Court decides on taking the accused into custody until after the filing of the indictment, it is
obliged to follow, mutatis mutandis, in accordance with paragraph 1.
(4) If a three-month time limit for the Court's decision on the further duration
the binding ends up in the course of the proceedings on the appeal before the superior
Court, the decision to keep the accused in detention or on its
release from custody that superior court; When you submit the file
the Court, against whose decision the appeal was lodged, it shall inform the
by the end of this period. ".
28. in paragraph 72, the following new section 72a 72b, and that including the following title:
"The maximum duration of custody
§ 72a
(1) Binding may take in preliminary proceedings and in the proceedings before the Court only
as long as necessary. The total duration of custody in criminal proceedings may not
exceed
and) one year, if the criminal prosecution for the offense,
(b)) two years, if the criminal prosecution for a crime,
c) three years, if the criminal prosecution for a particularly serious crime,
(d)) for four years, if the criminal prosecution for a particularly serious crime,
for that you can according to the criminal code to save an exceptional punishment.
(2) the period referred to in paragraph 1 falls one-third of the preparatory
control and two-thirds of the proceedings before the Court. If there is no preliminary proceedings
or proceeding before the Court before the expiry of this period completed, must be
no later than the last day of the period the accused released from custody. If
the accused prosecuted for two or more offences, is to determine the
the period of decisive act strictly criminal. If the Act for which it was
prosecution, another criminal offence, and the length of binding done
already exceeds the time specified for the preparatory proceedings or proceedings before the
the Court, the accused must be immediately released from custody.
(3) the reason given in paragraph 67 (a). (b)) may take a maximum of three
of the month. If an accused person who is not in custody at the same time and from another
reason, released from custody prior to the expiry of the period referred to in the first sentence,
shall be released no later than the last day of this period. If there was a
found that the accused has already served on witnesses or spoluobviněné or
otherwise thwart investigation of facts of relevance for the prosecution [§§ 68
paragraph. 3 (b). (d))], decides to keep the accused in custody over
the time limit set in the preliminary proceedings, on a proposal from the Prosecutor, the judge
and after the indictment by the Court.
(4) the duration of custody is calculated from the date on which the limitation of personal
the freedom of the accused. When returning things to the Prosecutor for investigation
continues to run period, which falls on the preparatory proceedings, from the date of
a file is served to the public prosecutor.
(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)),
the procedure for executing a removal order (section 350c (1)), as well as in the management of
According to the twenty-fifth head, shall be assessed separately and independently on the binding in the
the main proceedings.
section 72b
If the Court declared the verdict which the accused was convicted for
a particularly serious crime to imprisonment,
It doesn't count the time from the announcement of such a binding judgment in the regulation
enforcement of the sentence of deprivation of liberty or to the lifting of the
the judgment in the total duration of custody pursuant to § 72 para. 1. ".
29. section 73b including title:
"section 73b
The authorities deciding on custody
(1) on taking the accused into custody is decided by the Court and, in preliminary proceedings, to
the proposal of the public prosecutor, the judge. About custody of the accused is arrested under section 69
shall be decided by the judge in the proceedings before the Court; in this case, has the same
rights and obligations as the Senate and its President.
(2) on the request of the accused for release from custody by the Court, and in
the preliminary proceedings, the Prosecutor. If the Prosecutor fails to comply with a request
for release from custody, shall, not later than within five working days
from the service to submit to the decision of the judges; about this procedure shall inform the
of the accused. If the Prosecutor agrees with the release of the accused from the
binding, may, in proceedings before the Court for release from custody may decide
the President of the Senate.
(3) on the further detention of the accused by the Court and, in preliminary
on a proposal from the Prosecutor's control of the judge.
(4) about the reasons of the binding by the Court and, in preliminary proceedings, on a proposal from the
the State Attorney of the judge; passed one of the reasons the binding,
the reasons to decide the binding in the preparatory proceedings and State representative.
(5) on an application for removal of restrictions consisting in the prohibition of travel to
abroad, that the accused person was saved under § 73 para. 4 or section 73a
paragraph. 3, shall be decided by the Court and, in preliminary proceedings, the Prosecutor.
(6) the decision by which the accused may be released from custody in the preparatory
do i control Prosecutor. In the case of exceeding the time limit for
decision on further detention under section 72 or exceeding the highest
the permissible duration of custody under section 72a shall issue to the Court, and in preparatory proceedings
magistrate only the command to release the accused from
binding. ".
30. under section 73b are inserted after section 73 c up to 73 g, including the following titles:
"§ 73 c
Specific elements of the decision on custody
In the grounds of the decision on taking the accused into custody, or other
the decision on custody, the effect of which is to keep the accused in custody,
must be in addition to the General requirements (section 134) also listed
and) facts that justify the suspicion of a criminal offence,
for which the accused is prosecuted, b) specific facts which are
dovozovány, where appropriate, the reasons for custody, the circumstances referred to in § 68 para. 3 and 4
and section 72a para. 3,
(c)) the reasons for which it was not possible to achieve the purpose of the link with a different
measures.
section 73d
The remand session
(1) If a master version or public meeting, involving
the accused, the Court shall decide on custody and, if this is necessary due to the
the time limits laid down.
(2) if the Court decides on taking the accused into custody outside the main version
or public meeting, or if a judge decides about custody in
preliminary proceedings, always in the "custody is decided by the meeting.
(3) in cases other than those referred to in paragraphs 1 and 2 shall be decided in
binding session, if the accused expressly asks for it, or the Court, and
in the preliminary proceedings, the judge considers the personal hearing the accused for
required for the purposes of a decision on custody. The remand session is not necessary to
take place, even if his holding of the accused expressly asked if
and accused him) declined to participate,
(b)), the accused was heard to detention in the last six weeks, did not advance
No new circumstances relevant for the decision on custody or placed
circumstances clearly cannot lead to a change in the decision on custody
(c) the State of health of the accused does not allow) the interrogation, or
(d) the accused shall be released from) binding.
section 73e
Preparation of the meetings of the
(1) the President of the Chamber and the pre-trial judge shall summon or have
show off to the custodial meeting the accused and shall inform him of the State
a representative and advocate. If you decide on custody of the detainee or prisoner
the accused, the defence counsel shall be informed if it is within 24 hours, in which
must be made at the latest on custody, can be easily accessed.
(2) the period of the venue of meeting, the President of the Chamber, and in
pre-trial judge to the Prosecutor and the defence counsel had
the opportunity to participate in the meeting and mating of compliance with time limits laid down
for the decision on custody.
§ 73f
The presence of persons in custody meeting
(1) Coupling meetings are held in the proceedings before the Court for a permanent presence
all members of the Senate.
(2) the meeting shall always participate in the pre-trial detention the accused; his participation may be
ensured by means of videoconferencing equipment. Participation of the State
a representative and advocate when binding meeting is not necessary.
(3) the remand session takes place without the participation of the public.
§ 73 g
The progress of the meeting
(1) after the commencement of the meeting the Chairman shall report to the Senate or the designated
Member of the Chamber and the pre-trial judge's report on the State of things. Then
Depending on the nature of the matter raised by a proposal from the Prosecutor or the request for
release from custody the accused or his defense attorney.
(2) the Prosecutor, the accused and his defence counsel make their observations and
proposals to carry out the investigation required for a decision on custody.
If any of those persons present and if its observations and
the proposals contained in the file, or if so requested by it, the Chairman shall refer their contents
President of the Chamber, or by a member of the Senate, and in preparatory proceedings
judge. Subsequently, the President of the Chamber and the pre-trial judge shall hear the
the accused all circumstances significant for the decision on custody. State
a representative and advocate may put questions to the accused person, but only
to the President of the Chamber and the pre-trial judge shall grant the word.
(3) if in the meeting carried out by evidence shall be reasonably
the provisions on the taking of evidence in the trial; restrictions in the taking of evidence
reading Protocol on the testimony of a witness or expert (§ 211, paragraphs 1 and 5)
does not apply.
(4) at the conclusion of the meeting the President of the Senate, and in preparatory proceedings
the judge shall grant the word to the final proposals to the State Prosecutor, a lawyer and
the accused person.
(5) the decision shall always be published in the "custody of the meeting.
(6) the provisions of § 55b, 56 and 57 shall be used also on remand
meeting. ".
31. § 74 including the title reads as follows:
"§ 74
A complaint against the decision on custody
(1) the decision on custody (§ 68, 69, 71, 71a, 72a, § 72 para. 3, §
73 and 73a) is admissible a complaint. The decision on the complaint against
the binding decision will apply mutatis mutandis the provisions of binding (section meeting
73D up to 73 g).
(2) a suspensory effect only has a complaint against the decision to the parties
accrual of cash guarantees of the State Prosecutor and a complaint against the
the decision to release the accused from custody, unless the release of
After the publication of zprošťujícího-binding judgment. Nevertheless, where the Prosecutor
present at the announcement of the decision, his complaint has suspensive effect only
If it was made immediately after the announcement of the decision.
(3) if the Court decides on the basis of the complaints about the cancellation of the decision on withdrawal
the accused into custody or the custody of another [section 149 (1) (a).
(b))], may return to the reconsideration and the decision only because of the
serious defects of the decision. In this case, the accused must be
released from custody immediately. ".
32. In section 74a paragraph 3 reads:
"(3) on making a decision about the limitations, their duration and on applications for annulment
restrictions will apply mutatis mutandis the provisions of § 68 para. 1, § 71, 71a, 72, 72a
and 74. Against the decision referred to in paragraph 1 shall be admissible complaint.
The provisions on the binding of a meeting shall not apply. ".
33. In paragraph 75, the first sentence is replaced by the phrase "if it is given by one of the
reasons of the binding (section 67), can the police accused. ".
34. In Section 79a of the paragraph. 4 the third sentence, the word "fourteen" is replaced by
"thirty".
35. In section 79 d of paragraph 1. 8 sentence the third number "2" is replaced by
"thirty".
36. section 83a including title:
"§ 83a
Search warrant other premises and land
(1) of the regulation and the other premises and plots
Similarly, § 83 para. used 1 and 2.
(2) without the police authority can carry out other space
or land, if the issue cannot be achieved and the thing
does not tolerate delay. The police, however, is obliged to immediately
Additionally seek the agreement of the authority authorized to issue the order; in
preliminary proceedings through the public prosecutor does. If
the competent authorities shall not grant any additional consent, cannot be the result of guided tours
use in other proceedings as evidence.
(3) without the police authority can carry out other space
or land even if the user of the affected premises and land
declares in writing that the tour agrees, and its declaration passes
the police authority. This Act, however, the police authority must, without delay,
notify the President of the Senate authorized to issue the order and in the preparatory
control of the public prosecutor. ".
37. In § 83 para. 2 at the end of the text of subparagraph (a)) the following words "or
the performance of the protection measure involving deprivation of freedom ".
38. In § 83 para. 2 (a). (c)), the words "for the purposes of extradition or surrender to the
another State "be deleted.
39. In section 85b of paragraph 1. 3, the second sentence is replaced by the phrase "in the case of tours
other space made by the police authority under § 83a para. 2 or 3
proposal in the first sentence the President of Senate authorized to issue
command and in preliminary proceedings the State Prosecutor ".
40. In § 88 para. 1, the words "particularly serious" be deleted and the word
"crime" shall be inserted after the words "for which the law stipulates a prison sentence
freedom with the upper bounds of the criminal at least eight years, of an offence
meddling in the insolvency proceedings under section 226 of the criminal code, the violation of
legislation on competition rules under section 248 paragraph. 1 (b). (e))
(a). 2-4 of the criminal code, the negotiation of benefits when you enter public
of the contract, tender and public sale pursuant to section 256 of the criminal
code, meddling in the award of public contracts and tenders
pursuant to section 257 of the criminal code, defeated at public auction pursuant to § 258
the criminal code abuse of authority of a public official under section 329
the Criminal Code ".
41. In section 88 para. 5, the words "or a malicious threat (§ 353
of the Criminal Code) "shall be replaced by" dangerous threats (section
353 of the Criminal Code) or stalking (section 354
of the Criminal Code).
42. In § 88 para. 6 the third sentence, the word "and" shall be deleted.
43. In paragraph 88 para. 8 the first sentence, after the words "the Prosecutor"
the words "or the police".
44. In § 88 para. 8, the last sentence is replaced by the phrase "President of the Chamber
Court of first instance shall, without delay after a final end of the information
things, the Prosecutor, whose decision was finally completed,
immediately after the expiry of the period for review of the decision of the Supreme
the public prosecutor under section 174a and police authority, whose decision
the case was finally completed, immediately after the expiry of the period for
a review of the decision by the Prosecutor under section 174 para. 2 (a).
e).“.
45. In article 88 para. 9, the words "or the Prosecutor" shall be replaced by ",
the public prosecutor or police authority ".
46. In § 88 para. 9, the words "especially serious" be deleted and the word
"crime" shall be inserted after the words "for which the law stipulates a prison sentence
freedom with the maximum penalties of at least eight years, ".
47. In article 93, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
48. In § 95 para. 2, the first sentence is replaced by the phrases "unless the Protocol
about the trial or about the public meeting, the Protocol must be after
the end of the interrogation the accused submitted to read or, if requested,
It must be read; If the interrogation is conducted through
videoconferencing equipment, Protocol is the accused person at his request
reads. The accused has the right to request that was supplemented by the Protocol, or that
repairs were made to it in accordance with its notice. ".
49. In section 102 paragraph. 2 the second sentence after the word "Protocol", the words
"or by playing the video and audio footage of the hearing
carried out via videoconferencing equipment ".
50. in paragraph 103, the words "and 2" shall be deleted.
51. under the first head of the fifth section of the fourth, the fifth, the following section
that including the title reads as follows:
"The fifth Section
Implementation of the interrogation through videoconferencing facilities
§ 111a
(1) if the hearing of the accused carried out through
videoconferencing equipment, shall be his lawyer about the time and place,
on which the accused was summoned. In the case of interrogation of spoluobviněného,
a witness or expert in this way, the defence lawyer of the accused shall inform about the time of the
and the location from which it will be conducting the hearing, the competent authority
criminal proceedings.
(2) if the hearing of a person carried out via videoconferencing
device, verifies the identity of the employee of the Court, the State
the Prosecutor's Office or the police authority responsible for this person
conducting the interrogation. Authenticating the identity of the person in the place where the
the hearing is vyslýchaný, it can be with the consent of the person conducting the
the questioning and an employee of the Court, the public prosecutor's Office, prisons or
the police authority has been mandated to do so by the President of this Court,
the head of the public prosecutor, the Director of the prison or the head
national police authority. This employee is all the time
questioning the present on the spot, where the interviewee.
(3) the identity of a witness whose identity is concealed, and the hearing is
carried out through videoconferencing equipment, in the proceedings
before the Court the presiding judge or an employee of the Court responsible for
providing support for the protection of classified information specified for this activity
President of the Court and, in preliminary proceedings the State employee
the Prosecutor's Office or the police authority responsible for the protection of classified
information specified for this activity, the head of the public prosecutor or
the head of the national police agency. This employee is at all
time present at the place where the witness, whose identity
is concealed.
(4) the authority conducting the criminal proceedings, the hearing shall instruct vyslýchanou
person before the commencement of the hearing conducted by
videoconferencing facilities about how to perform the examination.
(5) at any time during questioning carried out through
all-in-one device may raise objections against the interviewee
the quality of the image or sound transfer. ".
The former fifth and sixth partitions are referred to as the sixth and seventh sections.
52. In article 129, paragraph 1, the following paragraph 2 is added:
"(2) If, after the delivery of the judgment by the Court or a specified period after
of the judgment, the Prosecutor and the defendant gave up the appeal and
said that they do not last for justification, and defendant at the same time
He said that he does not wish to submit the appeal in favour of other
an authorized person, the Court may draw up simplified judgment, that
does not contain a statement of reasons. If an authorized person may lodge an appeal in the
the benefit of the accused even against his will, can be simplified judgment
drawn up only in case of abandoning the appeal. If a judgment
multiple defendants, it is necessary to justify his statements in the sections that are
related to the person of the defendant, in which the conditions are not fulfilled for the
copies of the simplified judgment. If a right of appeal and the
damaged or the person concerned and if not surrendered this right is
also need to justify those statements against which they can lodge an appeal. ".
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
53. In paragraph 129 para. 3, the number "3" by "4".
54. In paragraph 134, paragraph 3 shall be deleted.
55. In paragraph 136, the following paragraph 3 is added:
"(3) If, after the publication of the order or within the time limit established by the authority
law enforcement officials after the announcement of the resolution of the persons entitled to
a complaint pursuant to § 142 paragraph 2. 1 abandon the complaint and stated that they do not last
on a written justification, the authority in criminal proceedings make
simplified resolution that does not contain a statement of reasons; in the case of the resolution
to be in the enforcement process may Court of first instance
do this even if it is not against such a resolution to the complaint admissible.
If they have the right to lodge a complaint in favour of the accused person can be
simplified resolution drawn up only in the case that the accused declares
He wants to see these persons a complaint lodged on his behalf; If
so these individuals can make even against his will, the complaint
give up. ".
56. In § 146a of paragraph 1. 1, letter a) is added:
"and binding), decided to, unless the decision to release the accused from
binding without the adoption of one of the measures of the replacement link. "
57. In § 146a of paragraph 1. 1 (b). (b)), the words "(§ 77a paragraph 1. 4) ' shall be deleted.
58. section 152a reads as follows:
"section 152a
To manage the payment of the debt claims referred to in § 152 paragraph 1. 1 proceed
According to the tax code. "
59. In section 158 paragraph 2. 6, the third sentence is replaced by the phrase "official record can be used in
proceedings before the Court take as evidence only under the conditions laid down in this
law. ".
60. In section 158 paragraph 2. 9 of the fourth sentence, after the words "to read" the words "or
video and audio recordings of their interrogation, carried out by
through videoconferencing facilities play ", the word" is "is
be deleted and the word "present" with the words "reports of their
questioning ".
61. In section 158e paragraph 1 reads:
"(1) If criminal proceedings for a crime for which the law provides for the
a custodial sentence of a maximum criminal at least eight years, for
an offence committed for the benefit of organized criminal groups, for
the crime plots in insolvency proceedings under section 226 of the criminal
code, violation of the rules on competition rules under section
paragraph 248. 1 (b). (e)) and paragraph 2. 2-4 of the criminal code, the negotiation of benefits
When the award of the contract, when the public competition and auction, according to the
section 256 of the criminal code, the plots in the award of public contracts and
public competition pursuant to section 257 of the criminal code, the public schemes
auction under section 258 of the criminal code, the abuse of power of a public official
under section 329 of the Penal Code, passive bribery pursuant to section 331 of the criminal
code, bribe under section 332 of the criminal code, the indirect
bribery pursuant to section 333 of the criminal code or other wrongful
an offence for which prosecution agrees to a renowned international treaty,
the Czech Republic is bound, is a police authority, if it is
Department of the police of the Czech Republic or the General inspection of the safety
choirs, is entitled to use the agent. ".
62. In article 175 paragraph 1. 1 letter c) is added:
"(c)) to decide on the release of the accused from custody, for the release of the accused
from the binding, while the replacement of some actions binding replacement
binding or binding, reasons, one of the reasons the binding ".
63. In paragraph 175 paragraph. 1, the following point (e)) the following new subparagraph (f)), which read as follows:
"(f)) to decide on the destruction of the secured case under § op.81B,".
Subparagraph (f)) to (h)) are known as the letters g) to (i)).
64. In article 175 paragraph 1. 1 at the end of the text of the letter h), the words "or
a European arrest warrant ".
65. In paragraph 175 paragraph. 1 at the end of the text of the letter i), the words "or in the
proceedings for surrender pursuant to a European arrest warrant ".
66. In § 179a para. 1 the words "three years" is replaced by "five years".
67. In section 179b of paragraph 1. 2, the third sentence shall be deleted.
68. In paragraph 179c paragraph. 1 the first sentence with the number "4" is replaced by "3 or
5. "
69. In paragraph 179g paragraph 1 reads:
"(1), instead of the lodging of the punishment, the State Prosecutor
decide that the submission of the proposal for punishment conditionally suspended
If the suspect
and) to the confession,
(b)) for the damage, unless the offence was caused by, or with a damaged on its
compensation deal, or made any other measures necessary to its
compensation,
(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its
the release of a deal or make other appropriate measures for its release,
(d)) with a conditional postponement, the request for the punishment of its assent,
and given the person a suspect, taking into account the previous
life and circumstances of the case it is reasonable to consider such a decision
sufficient. ".
70. In paragraph 179g paragraph. 2, the words "one year" shall be replaced by "two years".
71. In paragraph after paragraph 2 179g the following paragraph 3 is added:
"(3) a suspect who has entered into an agreement about how the corruption issue refunds
damages or an agreement on the issue of unjust enrichment, the decision about the
the conditional postponement of the submission of the proposal for punishment to damage
during the trial period or replaced at this time, gratuitous
enrichment. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
72. In paragraph 179h paragraph. 1 the first sentence after the word "life", the words ",
has fulfilled an obligation to compensate the damage caused or to issue gratuitous
enrichment ".
73. In section 183a para. 2 the words "audiovisual techniques, when they
provided the opportunity to ask examined or otherwise to interested parties on the
the Act in question "shall be replaced by" all-in-one "device.
74. In section 183a para. 3 the second sentence, after the words "such a witness"
the words "or play video and audio alert issued about his interrogation
carried out via videoconferencing equipment is possible "and
the words "can be" are deleted.
75. In § 187 para. 1 at the end of the text of the first sentence, the words ",
If there are grounds for the venue of the meeting. "
76. In paragraph 202, at the end of paragraph 1, the following sentence "the presence of the
the accused or other persons may be ensured through
videoconferencing equipment; § 111a shall apply mutatis mutandis. ".
77. In § 202 of paragraph 1. 3, after the word "read" the words "or image
and sound recordings of their questioning, carried out through the
videoconferencing equipment play ".
78. In paragraph 211, the following paragraphs 6 and 7 are added:
"(6) with the consent of the Prosecutor and the accused may be in the main version
read the official record of the explanations people and to perform other operations (§
paragraph 158. 3 and 5).
(7) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis on the reading logs are used and on the
play audio and video footage of the hearing
carried out via videoconferencing equipment. ".
79. In paragraph 234 at the end of paragraph 1, the following sentence "the presence of other
people can be ensured, including through videoconferencing facilities;
§ 111a shall apply mutatis mutandis. ".
80. in paragraph 235 of paragraph 1. 2 the second sentence, the words "(§ 211 paragraph. 1 and 5) "are replaced by
the words "or by playing the video and audio footage of
their interrogation, carried out by means of videoconferencing equipment
(§ 211, paragraphs 1, 5 and 7) ".
81. In paragraph 240, the words "or an open meeting" shall be replaced by ",
public meetings or by meeting. "
82. In paragraph 242, the following paragraph 2 is added:
"(2) other persons from participating in a private session.".
83. In article 255 para. 2, the words "by law or international treaty, which
takes precedence over the law "shall be replaced by the word" policy ".
84. In section 265b para. 1 (b). l), after the words "such a decision or"
the word "Although" is inserted.
85. In section 265l at the end of paragraph 4, the following sentence "the provisions on the
by meetings (§ 73d up to 73 g), in this case, of course. ".
86. In § 265r is at the end of paragraph 3, the words ", if it
under section 36b won't give up ".
87. In section 266, the following paragraph 7 is added:
"(7) if the Minister of Justice on the basis of the contents of the file to
the conclusion that it should be postponed or interrupted, will propose
The Supreme Court such a procedure, together with the filing of a complaint for violation of
the law in favour of the accused. ".
88. In section 267 para. 1 the first sentence with the number "3" by "4".
89. In paragraph 275, at the end of paragraph 3 the following sentence "the provisions on custody
meetings (§ 73d up to 73 g), in proceedings on a complaint for violation of law
of course. ".
90. in paragraph 275, paragraph 4 reads:
"(4) before making a decision on a complaint for violation of law may be the highest
Court to postpone or interrupt the execution of the decision, which was made
complaint for violation of the law. He suggested a postponement or interruption of performance
the decision of the Minister of Justice, the Supreme Court shall decide on such a
the draft resolution not later than 14 days after receipt of the case. ".
91. In section 306a para. 1 the second sentence after the word "read" the words
"he plays the video and audio recordings of the action
made through videoconferencing facilities ".
92. In section 314b para. 2 the third sentence, the words "(section 179b of paragraph 1. 2) "are deleted.
93. In paragraph 314d, paragraph 3 shall be deleted.
94. In § 314f para. 2 the second sentence, the words "(§ 63 para. 1 and 3) ' shall be deleted.
95. In paragraph 343, the following paragraph 3 is added:
"(3) in administering the payment of a financial penalty shall be applied in accordance with the tax
of the order. ".
96. under the third head of the 20th, the first section of the fifth following new
the sixth section, which including the title reads as follows:
"The sixth Section
Limitation of enforcement of a sentence
§ 350 k
On the limitation period of imprisonment by the court order. Against this
the order may file a complaint with the public prosecutor, which has a suspensory effect. ".
The current sixth and seventh sections are referred to as the seventh and eighth sections.
97. In paragraph 351 paragraph. 2 the term "arrange" replaced by the word "orders".
98. In Article 353 paragraph 1. 2, after the word "Decides", the words "without
undue delay ".
99. In § 354 paragraph. 2 the term "arrange" replaced by the word "orders" and the
the end of the paragraph, the following sentence "if it is not known the whereabouts of that person,
to be used with the command to its delivery in the performance of security detention
mutatis mutandis, the provisions of § 69 para. 3. If the place of residence is known, it can be used
to its delivery to the performance of the security of the detention provisions of § 83 para.
2. the President of the command of the Senate always asks the police authority of the immediate
the submission of information on whether the person in the administration of security
detention delivered, or what the circumstances preventing delivery it. ".
100. In the title of § 361, the words "and of the costs of criminal proceedings" shall be deleted.
101. In § 361 is at the end of paragraph 1, the following sentence "in the management of the payment
fine shall be treated in accordance with the tax code. "
102. In paragraph 361, paragraph 2 shall be deleted and shall be deleted at the same time marking
of paragraph 1.
103. In § 380 of paragraph 1. 1, the first sentence of the following sentence "for these purposes may
authorities active in criminal proceedings and the Ministry of Justice to provide
the competent authorities of foreign States with the necessary information, including personal
data and translations of documents. ".
104. In section 383 at the end of paragraph 1, the following sentence "the acts of the Court pursuant to §
383 to 390, the Court held that at the time of the Act leads to criminal proceedings, and in
preliminary proceedings, the Court has jurisdiction under section 26. ".
105. In section 383 paragraph 1. 2, the words "which issued the international arrest warrant
order, ' shall be deleted.
106. In section 384 paragraph 2. 5 (b). (b)), the words "which issued the arrest warrant,"
shall be deleted.
107. In section 384 paragraph 2. 6, the first sentence is replaced by the phrase "the Court cancels the arrest
the order, if the reasons are no longer present, for which it was issued, or if it is
Subsequently the reasons for which it cannot be issued (section 385). ".
108. In § 387 paragraph. 1 the first sentence, the words ", the President of the Chamber
arrest warrant has been issued "shall be deleted.
109. In § 387 paragraph. 1 the second sentence, the words "more courts" shall be replaced by
"issued in multiple criminal cases".
110. In § 387 paragraph. 3 the words "§ 71" shall be replaced by ' paragraph 72 and 72a. "
111. In paragraph 389 paragraph. 2 the first sentence, the words ' issued the arrest warrant "
shall be replaced by "conducting a procedure for other criminal offences committed before
the release of the person, and in preparatory proceedings upon a proposal of the State Prosecutor, the Court
competent pursuant to § 26 ".
112. In paragraph 390 para. 1 the first sentence, the words ", which issued the arrest warrant
order, ' shall be deleted.
113. In paragraph 396 of paragraph 1. 2 the words "§ 72 para. first sentence of § 72 para. 2
(a). and), § 72 para. 3 and 4, section 73, section 73a of the paragraph. 1 to 6, section 73a of the paragraph. 9, §
73B paragraph 1(a). 3, § 74 "are replaced by the words" § 71 para. first sentence of § 71 para.
2 (a). and), section 71a, section 73, section 73a of the paragraph. 1 to 6, section 73a of the paragraph. 9, section 73b paragraph 1(a).
2 and 6, § 74 ".
114. In paragraph 396, the following paragraph 4 is added:
"(4) the authorities whose decisions affect the length of temporary custody, are
required to deal with such things as a priority and with highest accelerating. ".
115. In paragraph 2 of § 400b is added:
"(2) on making a decision about the release of a person from the expended links are reasonably
§ 71 paragraph 1 used. 2 (a). and), section 71a, 73b paragraph §. 2 and § 74. ".
116. In paragraph 5 of section 400b is added:
"(5) the period for which the person, whose Edition goes, seen as
applicants for international protection in accordance with other legal
prescription ^ 4), is not included in the period referred to in paragraph 4. ".
117. In paragraph 404 para. 2 (b)):
"(b)) in order to execute a prison sentence or its remainder of at least
four months or protective measures associated with restriction of liberty or his
the rest of at least four months. ".
118. In section 406 para. 2 the fourth sentence, the words ' issued the European arrest
the order, in preliminary proceedings, on a proposal from the Prosecutor "shall be replaced by
"leads the criminal proceedings for other offences committed before
by passing the person, and in preparatory proceedings upon a proposal of the State Prosecutor, the Court
competent pursuant to § 26 ".
119. In section 407 paragraph 2. 1, the words "which issued the European arrest
order "be deleted and the words" issued by "are replaced by the words" on
which has been issued ".
120. In paragraph 411 of paragraph 1. 6 at the end of the text of subparagraph (d)), the words ", with the
unless, having regard to the special circumstances of committing the
the offence it is necessary to give priority to the implementation of criminal prosecution in the
requiring the State for reasons of proper establishment of facts and of the
grounds relating to punishment or its performance assessments ".
121. In section 411, paragraph 9 shall be deleted.
Paragraphs 10 to 13 shall become paragraphs 9 to 12.
122. In paragraph 411 of paragraph 1. 11, § 415 para. 1 and 3, § 419 paragraph. 2 and in section 421 paragraph.
3 the second sentence of the number "11" is replaced by "10".
123. In paragraph 411 of paragraph 1. 12 and Section 413 paragraph. 4 second sentence of the number "12"
replaced by the number "11".
124. the following section is inserted after section 413 413a, which including the title reads as follows:
"section 413a
Postponement of surrender
(1) the Court may decide to defer the surrender of the requested person on time
that her presence is required in the Czech Republic in connection with the
other crime than that for which the European arrest warrant has been issued,
for the purposes of criminal proceedings conducted in the Czech Republic or the performance of
the penalty imposed by a Court of the United States legally. The decision on the
postponing the surrender, the Court may do so at the same time with the authorization of the transfer,
exceptionally, after acceptance of a transfer, if it was found the reason for the postponement of the
later, or if the new reason arises for a postponement, and that pending the implementation of
the handover. When making a decision about postponing the surrender shall take into account, in particular,
the seriousness of the offence for which the person is to be surrendered, the severity of the
of the crime for which he is leading the criminal proceedings in the Czech Republic,
the ability to pass this person from requiring the State back into the United
States, as well as the possibility of a temporary transfer of the person to the requesting
State.
(2) the postponement of the transfer, the Court may decide, on a proposal from
and the public prosecutor referred to in) § 408 paragraph. 1,
(b)) the Court and, in preliminary proceedings the public prosecutor competent to conduct
criminal proceedings in the Czech Republic,
(c)) the Court that the requested person has been finally ordered a prison sentence
or
(d)) of the requested person.
(3) if the proposal to postpone the handover did not file the Prosecutor or the Court
referred to in paragraph 2 (a). a) to (c)), the Court's decision
postponing the surrender will require their opinion.
(4) If a person in preliminary detention, or forward the Court simultaneously with the
decision on the postponement of its transmission shall decide on the release of
such links; the provisions of § 411 of paragraph 1. 4 in this case.
(5) against the decision referred to in paragraph 1 shall be admissible complaint. Against the
the decision to release from custody pursuant to paragraph 4 shall be admissible complaint
only in the case that was filed a complaint against the decision on the
the postponement of the handover.
(6) it would pass if the reason of postponing the surrender, the President of the Chamber shall decide on the withdrawal of
the person to the forward binding.
(7) the presiding judge terminates the proceedings for surrender, if the reason for the
completion of the preliminary investigation pursuant to § 409 of paragraph 1. 3 (b). (b)), d), (e)), and)
or (j)). ".
125. In paragraph 414 of paragraph 1. 5, the words "11 and 12" is replaced by "10 and 11".
126. In section 416 paragraph 2. 2, the words "unless the surrender decision pursuant to §
paragraph 411. 9 "shall be replaced by the words" if it is not a proposal to postpone the handover
under section 413a ".
127. the following section is inserted after section 426 426a, which reads as follows:
"§ 426a
If it is for the purpose of service of the document to the person in criminal proceedings in a foreign
State or in connection with the need to go abroad in search of addressed letters rogatory after the place
residence of a person in a foreign State, it asks the Court and, in preliminary proceedings, the State
the representative of the police of the Czech Republic on an alert in the Schengen
information system for this purpose. ".
128. In section 427, paragraphs 4 and 5 shall be deleted.
129. the following section is inserted after section 427 427a, which including the title reads as follows:
"§ 427a
Service of documents abroad
(1) served on the person in a foreign State by mail is possible only
If so provided by the renowned international treaty, which is the Czech Republic
bound, or unless the legislation of the foreign State on whose territory the
to be delivered. To be served must not contain a threat by forcing them.
(2) at the request of the public prosecutor, Supreme Public Prosecutor's Office, verifies the
whether the service under paragraph 1 shall not preclude the legislation of a foreign State on whose
the territory to be served, and the way in which such a delivery in a foreign State
performs. At the request of the Court verifies these facts, the Ministry of
Justice. ".
130. the heading of section 433: "serving a document from abroad".
131. In § 433, the following paragraph 4 is added:
"(4) service of a document to a foreign State to a person in the Czech Republic by post is
possible only if so provided by the renowned international agreement, which is
Czech Republic bound by, or in accordance with the Declaration of reciprocity
under special legislation; to be served shall not
contain the threat by forcing them, and if it is not drawn up in a language which the
foreign State knows or reasonably assumes that the person controls, it must be
sent with a translation into such language. ".
132. In § 438 para. 4, the words "§ 71" shall be replaced by ' paragraph 72 and 72a. "
133. § 441 including title:
"§ 441
Ensuring things, other assets and property
(1) to secure things, other assets or assets on the basis of
the request of the authority of a foreign State shall apply mutatis mutandis the provisions of title to the other
the seventh section, the head of the fourth section of the fourth and title twenty-first
the fifth section. In the performance of the property shall follow the procedure referred to in
a special legal regulation.
(2) the Thing that is dated or are removed from the application by the authority of a foreign State
legal aid, the Court and, in preliminary proceedings the State Prosecutor to pass for
the purpose of the taking of evidence on an essential time to the competent authority of a foreign State, and
at the same time it asks for its return. Unless rights of third parties,
You may give up its return to the United States. If the case was already
issued or revoked in criminal proceedings in the Czech Republic, can be
such a thing may temporarily surrender the authority of the foreign State for the purpose of taking evidence on the
specified period of time, with the consent of the public prosecutor or the Court, that leads
the criminal proceedings.
(3) referral to the authority of the foreign State in accordance with paragraph 2, the first sentence can
be temporarily postponed or thing may be the authority of the foreign State is passed on
the length of time determined by the Court and, in preliminary proceedings, the Prosecutor,
If such things should be for the criminal proceedings conducted in the Czech Republic.
(4) the Court and, in preliminary proceedings, the Prosecutor, at the request of the authority
foreign State legal aid ensure thing, another asset or
assets, after a reasonable time, this authority shall verify whether the reason for ensuring
It takes. If that authority on to repeated queries does not respond within a reasonable time,
It is thought that the reason ensuring passed.
(5) the provisions of paragraphs 1 to 3 shall be used also to ensure and
referral, which it has issued, or to be transmitted to the person. If there is a
It's possible this thing shall be transmitted to the authorities of a foreign country at the same time with the advertised
or handed down by the person. To pass such a thing is possible, even if
If it cannot be issued or handed down a person pass for her death or
in the case of a fugitive. ".
134. In the title of § 444, the word "videophone" shall be replaced by
"all-in-one" device.
135. In paragraph 444 paragraph. 1 the first sentence and the second, § 444 paragraph. 4 second sentence and section
445 paragraph. 1 the first sentence and the second with the word "videophone" shall be replaced by
"all-in-one" device.
136. In paragraph 444, the following paragraph 8 is added:
"(8) the provisions of title third and fifth governing the questioning of the head
through videoconferencing devices. ".
137. In section 445, the following paragraph 5 is added:
"(5) the provisions of title third and fifth governing the questioning of the head
through videoconferencing devices. ".
138. In paragraph 449 of the text at the end of paragraph (e)) the following the word "or".
139. In § 449 (f)) repealed.
Letter g) is renumbered as paragraph (f)).
140. In § 455 para. 3, the words "[§ 449 (a). f), (g))] "be deleted.
141. In paragraph 460o paragraph. 1 (b)):
"(b)) which was decided on the compensation of victims of crime".
142. In paragraph 460o paragraph. 1 the final part of the provision, the words "administrative
authority of that State, provided that the decision of the administrative
authority on criminal or other offence is subject to correction
resource, about which the court having jurisdiction in particular in criminal matters "
replaced by the words "in the cases referred to in (a)), (c) and (d))) even if
It was issued by another authority of that State in criminal or other proceedings
assuming that you can pursue the consideration of the case before the Court in
criminal proceedings ".
143. § 460 p as follows:
"§ 460 p
(1) the decision of the other Member State of the European Union for the financial
penalty or monetary fine may be taken over for the purpose of recognition and enforcement, if
has the person's in the Czech Republic is habitually resident or property.
When verifying compliance with the conditions for taking over the decision, with
based on the facts set out in the certificate ^ 7) on the issue of the decision
referred to in paragraph 460o paragraph. 1 and, where applicable, of the additional information
provided by a Member State of the European Union, that the decision to recognise and
posted by performance, or on its own investigation.
(2) the proceedings for recognition and enforcement in another Member State
Of the European Union concerning a financial penalty or monetary fine is the district
the Court, in whose district has or had the last permanent residence or is staying
a convicted person against whom the decision is directed, otherwise it is the district
the Court, in whose district has the person's assets. If it is given in the first sentence
the jurisdiction of several courts, proceedings because of them, the first
received, or it was forwarded to the decision about whose recognition and enforcement.
To change the facts decisive for determining territorial jurisdiction
the District Court in arising after the opening of proceedings shall be disregarded.
(3) the Court with jurisdiction in accordance with paragraph 2 also decides on all related
issues of enforcement proceedings. If the decision of the other Member State
Of the European Union concerning a financial penalty or monetary fine is sent to court or
any other authority, which is not to the procedures for the recognition and the exercise of jurisdiction,
the competent court without delay and at the same time on the assignment
shall inform the competent authority of another Member State from which it decision
posted by.
(4) the conditions are not fulfilled for receipt of decision of another Member
State of the European Union concerning a financial penalty or monetary fine referred to in paragraph 1,
the single judge procedure for recognition and enforcement of decisions and on its termination
and the reasons that led to it, it shall immediately inform the competent authority of the
another Member State, the State Prosecutor, if it was already active, and
a lawyer, he was elected or appointed to.
(5) If, in proceedings continue because of that is not the reason for the
refusal to recognise a decision of another European Union Member State on the
monetary penalty or monetary fine, the judge shall inform
the competent authority of another Member State and requests comments, whether on the
recognition and enforcement of decisions it takes, within the time limit, which for this purpose
provides. Unless the competent authority of another Member State in
period, or unless the circumstances that refute the reason for that cannot be
to continue proceedings, judge terminates the proceedings and of its termination and
the reasons that led to it, it shall immediately inform the competent authority of the
another Member State, the State Prosecutor, if it was already active, and
a lawyer, he was elected or appointed to. ".
144. In § § 460r 460q, para. 3, § 460s para. 1, § 460t para. 4, § 460u
paragraph. 5 and § 460v para. 1 the words "District Court" shall be replaced by
"A judge".
145. In § 460r paragraphs 1 and 2 shall be added:
"(1) whether the decision of another European Union Member State on the
monetary penalty or monetary fine is recognised and enforced, or whether the recognition and
performance declines, the single judge will decide without undue delay. If the
This is considered necessary for the purposes of the decision, shall order the public meeting.
If convicted in another Member State of the European Union in a binding,
imprisonment or protective measures associated with
deprivation of liberty of public meeting and public nevyrozumívá
the meeting takes place in the presence of his lawyer.
(2) the resolutions of the single judge delivers sentence, Prosecutor and
a lawyer, he was elected to or appointed. The resolution, which it was decided to
on the recognition and enforcement in another Member State of the European Union
referred to in paragraph 460o paragraph. 1 (b). (b)) or to refuse its recognition and
performance is delivered whether or not victims of crime. Against the resolution by
paragraph 1 is admissible a complaint which shall have suspensive effect. Complaints
You cannot challenge the reasons for which the decision of the Court of another
the Member State of the European Union concerning a financial penalty or monetary fine
released. ".
146. In paragraph § 460r 3 (b). (h)), the words "not exceeding the amount" shall be replaced by
the words "less than".
147. In § 460r para. 4, § 460s para. 2 and 3, § 460t para. 1 to 6, § 460u
paragraph. 1, 2, 4 and 5, and in section 460v para. 2 the words "District Court" shall be replaced by
the word "judge".
148. In paragraph 460t. § 1, the words ' 5 and 6 ' shall be replaced by "4 and 5".
149. In paragraph 460t. § 5, the words "damages" are replaced by the words
"the compensation the crime victim".
150. In § 460t para. 6, the word "regional" is deleted.
151. In paragraph 460u paragraph. 1 (b). (b)) (a). 2 the words "pursuant to the civil
Code of civil procedure "shall be replaced by" appropriately in accordance with the provisions of title
twenty-first governing the recovery of a financial penalty ".
152. In paragraph 460u paragraph. 2 the words "District Court" shall be replaced by
"single judge".
153. In paragraph 460u paragraph 3 reads:
"(3) a claim for compensation the crime victim awarded by a recognised
by the decision of another Member State of the European Union concerning a financial sanctions
and transactions referred to in paragraph 460o paragraph. 1 (b). (b)), and (c)) shall recover the victim
crime in civil proceedings. ".
154. In paragraph 460u paragraph. 4 the first sentence, the words "damages" are replaced by
the words "compensation to victims of the offence".
155. In paragraph 460u paragraph. the third sentence and paragraph 4. 5 the third sentence, the words
"District Court" shall be replaced by "single judge".
156. In paragraph 460u paragraph. 5 the second sentence, the words "damages or"
replaced by the words "crime victim compensation or for compensation".
157. In paragraph 460 Watt para. 1, the second sentence shall be deleted.
158. In section 460y para. 2 the second sentence, the word "victim" shall be replaced by
"victims of crime".
159. In section 460y para. 2, the third sentence shall be deleted.
Article. (II)
Transitional provisions
1. Substantive jurisdiction for proceedings concerning an offence of homicide or criminal
murder born child mother initiated prior to the date of acquisition
the effectiveness of this law shall be assessed pursuant to Act No. 141/1961 Coll., as
the version in force until the date of entry into force of this Act.
2. the limits within which it is necessary to decide on the further duration of detention in
which you can submit a request for release from custody, if the previous request
rejected, which started to flow before the date of entry into force of this
the law will be included in the length of the periods in which it is necessary to decide on the
the next custody or where you can lodge an application for release from custody
pursuant to Act No. 141/1961 Coll., in the version in force from the date of entry into force of
of this Act; This is without prejudice to the provisions on the maximum permitted time
the duration of the custody.
3. the procedure for the recognition of a decision of another European Union Member State on the
pecuniary sanctions and transactions initiated before the date of entry into force of
This Act shall be completed pursuant to Act No. 141/1961 Coll., in the version in force
to the effective date of this Act.
PART TWO
Amendment of the Act on the judiciary in matters of youth
Article. (III)
Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the
the judicial system in matters of youth and on amendments to certain acts (the Act on
the judicial system in matters of youth), as amended by Act No. 253/2006 Coll., Act
No 383/2005 Coll., Act No. 345/2007 Coll., Act No. 129/2008 Coll., Act
No 41/2009 Coll., Act No. 181/2007 Coll., Act No. 301/2007 Coll., Act
No 357/2007 Coll. and Act No. 375/2010 Coll., shall be amended as follows:
1. In § 42 paragraph 2 reads as follows:
"(2) the Juvenile must have a defence counsel
a) from the time when they are used against him of measures under this
the law or performed operations referred to in the criminal procedure code, including the acts of the
urgent and unrepeatable, unless the Act cannot be postponed and
notification of it to ensure
(b)) in the enforcement process, if the Court decides for the youth in the public
the meeting,
(c)) in proceedings relating to a complaint for a breach of the law, in proceedings on appeal and in
the proceedings on the application for reopening of proceedings, if the Court decides for the youth
in a public meeting,
and it's up to the age of eighteen years of age. ".
2. In article 42, paragraphs 3 and 4 shall be deleted.
The present paragraph 5 shall become paragraph 3.
3. In section 44 para. 2 the second sentence, the words "these people so they can" be replaced by
the words "If the juvenile does not exceed the 18th year of his age, can
so these persons ".
PART THREE
Amendment of the Act on the police of the Czech Republic
Article. (IV)
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.
341/2011 Coll. and Act No. 375/2010 Coll., shall be amended as follows:
1. in section 28 (f). (d)) and section 54 (b). (d)), the word "freedom" ^ 3) "is replaced by
the words "liberty, security of the detention, protective treatment, protective or
Education ^ 3) ".
2. in section 28 a letter e) is added:
"e) taken by a police officer to perform the procedural acts from custody, performance
imprisonment, protective security detention, treatment or
protective care, or ".
3. In section 54 is at the end of the text of the letter e), the words "security
detention, protective treatment or protective care ".
PART FOUR
Amendment of the Act on the public prosecutor's Office
Article. In
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.
11/2001 Coll., Act No. 6/2002 Coll., Act No. 14/2002 Coll., Act No.
151/2002 Coll., Act No. 312/2002 Coll., Act No. 192/2003 Coll., Act No.
630/2004 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.
218/2009 Coll., Act No. 227/2009 Coll., Act No. 286/2009 Coll. and act
No. 303/2006, is amended as follows:
1. In paragraph 12i para. 1 the second sentence, after the words "criminal proceedings" shall be inserted after
the words "and the probation and mediation service" and at the end of the paragraph, the following
the phrase "information from the central register of prosecuted persons can only be used
for the purposes of criminal proceedings. ".
2. In section 13b, the following paragraph 4 is added:
"(4) the authorities of the public prosecutor's Office shall carry out administrative management the payment
riot of the fine imposed pursuant to section 16. To manage the payment of this fine is
According to the tax code. "
PART FIVE
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on 1 January 2000. January 2012.
Němcová in r.
Klaus r.
Nečas in r.
