253/2006 Coll.
LAW
of 19 December 2003. April 2006,
amending Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended, and other related laws
Change: 41/2009 Sb.
Parliament has passed the following Act of the Czech Republic:
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
the text of Act No. 57/1965 Coll., the 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. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
the Court declared under no. 214/1994 Coll., the finding of the Constitutional Court
declared under the No. 8/1995 Coll., the 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 finding of the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
the finding of the 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., the finding of the Constitutional Court declared under the No 45/2005 Coll.
the finding of the 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. and Act No. 165/2006 Coll., amended
as follows:
1. In section 39 paragraph 2 is added:
"(2) for the purposes of the provisions of the defence counsel, the Court leads alphabetically ordered
waiting list of lawyers (hereinafter referred to as "waiting list"), who agrees with the performance
the defence as to the provisions for this Court and advocates have in its circumference,
where appropriate, headquarters, its registered office. In the district courts for residence in Prague
the lawyer considers the capital city of Prague. If you cannot establish a lawyer from
This ranking list, the Court will appoint a lawyer from the waiting list of lawyers
of the superior court. ".
2. In section 42, paragraph. 1, after the word "thing", the words "or other proprietary
the value ".
3. In article 47 paragraph 6, the following paragraph 7 is added:
"(7) with the property of the accused, subject to a decision to ensure
referred to in paragraphs 1 and 2, under the enforcement of a decision to dispose only after
the prior consent of the Court and, in preliminary proceedings the State Prosecutor; It
does not apply, if the enforcement is carried out to the satisfaction of the claim
State. ".
Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.
4. In article 47, the following paragraph 10 is added:
"(10) the enforcement of a decision on securing a claim of the injured party and to
manage the secured assets, establish special legislation. ".
5. the title of the fourth: "PERSONS, GOODS and OTHER ASSETS
The VALUES ".
6. In section 76, paragraph. 6 the first sentence, the words "referred to therein" shall be replaced by the words
"referred to in paragraph 4".
7. In the title of the fourth section of the third: "issue and the withdrawal of the case,
ensure the funds on the account, book-entry securities
real estate and other assets. "
8. In Section 79a of the paragraph. 1 the first sentence, after the words "decide to ensure the
the funds in the account, ", the words" and, where appropriate, whether or not cash
additional funds received on the account, if the reason for the arrangement
to them, including their accessories ".
9. In Section 79a of the paragraph. 2, the second sentence shall be inserted after the phrase "to ensure the
applies to the funds, which have been on the account at the time in which the
the decision was delivered to the Bank, up to the amount specified in the decision of the
on reinsurance and its accessories. Exceeds the amount referred to in
the decision of the balance of funds on the account, ensure the
even on the funds, which on account of the additional replies were received, and that into the above
the amounts referred to in the decision, including its accessories. ".
10. In Section 79a of the paragraph. 2 the last sentence, the word "judge" shall be replaced by the words
"the President of the Senate."
11. In section 79c, the following paragraph 5 is added:
"(5) the procedure for managing secured book-entry securities provides
special legislation. ".
12. under section 79c, the following new section 79 d to 79f, which including the following titles:
"section 79 d
Ensure real estate
(1) if the facts found Indicate that the property is intended to
Commission of an offence or a criminal offence was entitled to, or is
the proceeds of crime, the President of the Senate, and in preparatory proceedings
a State Prosecutor or police authority may decide to provide such
real estate. The police authority to such a decision needs the previous
the consent of the Prosecutor. The prior consent of the public prosecutor is not
in urgent cases, should be that kid. Police authority
It is in this case shall, within 48 hours of their decision to submit
the Prosecutor, who with him either consent or is cancelled.
Against the decision to ensure the property is admissible a complaint.
(2) in its resolution on ensuring the property to disable the owner
real estate to head real estate listed in the resolution; in particular, the
disables him to after notification of the resolution transferred the property to someone else
or it has put, and saves it to the Court within 15 days from the notification of the resolution
told that and who has the right of first refusal or other real estate,
the lesson, otherwise the property owner is responsible for the damage caused by
caused by. Send a copy of the resolution to ensure the authority referred to in paragraph 1
the competent Office, cadastral, and if it is not apparent from the resolution,
notify his name, last name, social security number or date of birth and permanent
or else stay the owner of the property, and if the collateral remains unaffected
all the property of the owner of the property, the property, which
collateral concerns. The Prosecutor shall send to the competent to the cadastral Office
a copy of the decision on the abolition of the collateral property referred to in paragraph 1.
(3) the President of the Senate and, in preliminary proceedings the State Prosecutor or with his
the consent of the police authority shall, if necessary, inspection
property and its accessories; about the time and place of inspection, shall inform the
the owner of the property or a person who lives with him in a common
households, and the person that is known to the real estate law.
The owner of the property or a person living with him in a common household, and
further, the person that is known to the real estate law, are required to
a tour of the property and its accessories.
(4) a final resolution on ensuring real estate delivers the authority
the criminal proceedings referred to in paragraph 1, the persons for which he is known, that
have an option to purchase real estate, lease or other right; Furthermore, it delivers
the tax office and the municipal authority in whose area the property
located and in which the owner of real estate or other permanent
the stay. Decided to provide the President of the Senate, the final real estate
the resolution on providing real estate to display on the notice board of the Court, in
the preliminary proceedings shall be published in an appropriate manner to the competent national
the Prosecutor's Office. On the entry into force of this resolution shall inform the authority of the
active in criminal proceedings, which took the guarantee referred to in paragraph 1,
the appropriate land registry office.
(5) the ownership or other rights to the secured property by
special legal regulation can be after the notification of the competent
the land Office referred to in paragraph 2 perform only with the prior consent of the
the authority that decided on the guarantee referred to in paragraph 1. The proposal to deposit
law relating to secured property brought on by special
the legislation before the release of the resolution on its collateral, which has not yet
has not been taken, the competent authority shall cease its legal
effects on the date of the entry into force of the resolution to ensure this property.
(6) the rights of third parties to secured property can be applied according to the
special legal regulation. Real estate can be assured in the context of the
the decision to dispose of the performance just after the previous consent of the judge, and in
preliminary proceedings the State Prosecutor; This does not apply, if the execution of the decision
carried out to the satisfaction of the claims of the State.
(7) if the collateral of real estate for the purpose of criminal proceedings is no longer
necessary, or ensure the property is not necessary within a specified range,
body active in criminal proceedings referred to in paragraph 1 to ensure cancels or
is limiting. The police authority to such a decision needs the previous
the consent of the Prosecutor. Against the decision on the revocation or limitation of
ensure that the complaint is admissible, shall have suspensive effect.
(8) the owner of the property, which has been ensured, has the right to request at any time
the cancellation or limitation of collateral. Such request shall state the representative
and in the proceedings before the Court the President of the Senate shall forthwith decide. If it has been
application is rejected, the owner of the property, unless new
the reasons, repeat until after the expiry of 14 days from the decision. Against the
This decision is admissible a complaint.
(9) the procedure for the administration of real estate secured lays down specific legal
prescription.
§ .79e
Ensure the other property values
(1) if the facts found Indicate that the value of the other property,
than that which is set out in section 78 to 79 d, is intended to commit a
the crime or the criminal offence has been used, or is the proceeds of crime
activities, the Chairman of the Senate and in the preliminary proceedings, the Prosecutor
or police authority may decide to provide such assets.
The police authority to such a decision needs the prior consent of the
the State Prosecutor. The prior consent of the Prosecutor need not be in
urgent cases, that kid. The police authority is in
such a case shall, within 48 hours of its decision to submit a
representatives of that with him either consent or is cancelled. Against the
a decision regarding the securing of other assets is admissible a complaint.
(2) in its resolution on ensuring the other property values to disable it
owner, to head the pecuniary value referred to in the resolution and to
After the announcement of a resolution transferring other assets to someone else
or her on. In the resolution on providing other property values can be
also restrict the performance of other rights related to the secured assets
value, if it is necessary for the purposes of security. Furthermore, the owner of the other
property values saved to the President of the Senate, within 15 days from the notification of
the resolution said that the who has other assets to the value of an option to purchase or
another right, with lessons that otherwise, the owner of the other property values
responsible for the damage caused. In the resolution on providing other property
the value of its owner asks you to release all of the documents the presentation of which
It is necessary to apply a specific rights to the secured assets, other
the warning on the consequences of non-compliance of such invitation within the time limit (section
66 and 79). These instruments with sepíší and folds into the custody of the Court.
(3) the resolution on providing other assets shall notify the authority in
criminal proceedings, which took the collateral referred to in paragraph 1, also
the owner of the other debtor assets and saves it to the place of performance
the owners of the other property values passed into the custody of the Court subject of performance
or at the location specified by the authority involved in the criminal proceedings referred to in
paragraph 1. The composition of the subject of performance into the custody of the Court or to the designated
instead of the debtor his pledge in the range of the provided implementation.
The resolution on providing other assets, the debtor shall be notified before
than its owner.
(4) the authority of law enforcement, which decided about the guarantee referred to in
paragraph 1, it shall inform the authority without delay of any such decision, which according to the
special legislation keeps records of the owners or holders of other
the assets, which was assured, and the territorial departments of the Office for
the Government representation in property Affairs, in whose district the proprietor has other
property values of the permanent or other residence; If the owner of the other
property values such a stay abroad, shall provide other
the assets of the territorial Department of the Office of the Government representation in the
matters, in whose district the property is secured, other property value
located. The competent authority of the law enforcement authorities of the
prompts that, if it finds that the material with a different value
be treated so that threatens to thwart or hinder the purpose of the latter, he
This fact immediately announced.
(5) if the transfer or the establishment of rights to other secured property
the value of the required entry in the registers kept under special laws
regulations can be carried out after the notification referred to in paragraph 4 of this
only with the prior consent of the authority which the guarantee referred to in
paragraph 1 of the decision. With a different property value can be used in the context of the
the decision to dispose of the performance only with the prior consent of the President of the Senate and the
in preliminary proceedings the State Prosecutor; This does not apply, if the performance of the
the decision is implemented to the satisfaction of the claims of the State.
(6) the rights of third persons to other secured assets can be applied
under special legislation.
(7) The revocation or limitation of collateral other assets Similarly
used section 79 d of paragraph 1. 7 and 8.
(8) the procedure for the administration of other secured assets lays down special
legal prescription.
section 79f
Ensure the replacement values
If you cannot reach the issue or withdrawal of the case (section 78 and 79), or if you cannot
to ensure the funds on the account (§ 79a and aircraft), dematerialised securities
papers (section 79c), real estate (section 79 d) or other assets (§
.79e), which are intended to commit the offence or a criminal offence
have been used, or are the proceeds of criminal activity, it may be instead
guaranteed replacement value, which corresponds to, albeit only in part, their
the value; proceed by analogy with the relevant provisions of the
governing their release, withdrawal or ensure (section 78 to .79e). ".
13. the title of section 80 to 81a: "return and another dealing with things and different
property value ".
14. in section 81 is added to section 81a, which reads as follows:
"section 81a
On the process of the return of the funds on the account, book-entry
securities, real estate and other assets that have been
secured under Section 79a to .79e and dealing with them, as well as on the
the procedure for the refund of the replacement value, which was provided under section 79f,
and the handling of her will, mutatis mutandis, to section 80 and 81. ".
15. In the second subparagraph of section 146a. 1, letter c) the following points (d) to (g))),
are added:
"(d)) to ensure that the property, decided to secure a property constraint, or
has not complied with the request for revocation or limitation of such collateral (section 79 d
paragraph. 1, 7 and 8),
(e) ensure that other assets), decided on the restrictions to ensure other
property values, or has not complied with the request for revocation or limitation
such collateral (§ .79e 1 and 7)
(f)) to ensure that the replacement value, decided to limit to ensure replacement
values, or has not complied with the request for revocation or limitation of such
ensure (section 79f),
(g)) issued the command to ensure the assets in another Member State of the European
the Union, decided on the recognition of the command to ensure the assets situated on
the territory of the Czech Republic, or decided to limit such collateral (section
460b, 460f and section 460h paragraph. 2),".
Existing subparagraph (d)) to (f)) are referred to as the letters h) to (j)).
16. In the second subparagraph of section 146a. 1 (a). (h)), the word "(§ 47)" shall be replaced by the words "or
decided to ensure the restriction (section 47 and article 48 (2)) ".
17. In § 146a of paragraph 1. 2 the first sentence, the word "or" is replaced by a comma and
the words "§ 79c paragraph. 4 "is inserted after", section 79 d of paragraph 1. 1 and 7, § .79e
paragraph. 1 and 7 or section 79f.
18. In paragraph 348. 2, the words "referred to in paragraph 1, the words" and "
How to ensure "and the number" 7 "shall be replaced by the number" 10 ".
19. section 349:
"§ 349
The President of the Senate and in the preliminary proceedings, the Prosecutor shall cancel the reinsurance
pass-if the reason for which the property was. Against this
the decision is admissible a complaint, which has a suspensory effect. ".
20. section 349b including title:
"§ 349b
The performance penalty of forfeiture of things or other property value or performance
confiscation of replacement value
A copy of the judgment, which was ratified by the penalty of forfeiture or other
assets, or which has been issued to the confiscation of replacement
values, Chairman of the Board shall send the organizational folder State, which according
such a law is the responsibility of the management of the property of the State. If the thing
or other property value, which is subject to the penalty of confiscation
things or other property values or covered by voicing
confiscation of replacement value, guaranteed, the Chairman of the Senate measure,
to be entrusted with the management of such organizational folder with her, if such
the Administration secured so far things or other property
value or replacement value does not exercise. ".
21. section 358:
"§ 358
The performance will prevent things or other property values or the prevents the replacement
the values shall be used mutatis mutandis to section 349b. ".
22. In section 384 paragraph. 1 the first sentence, after the word "State", the words "or
If there is reason to suspect that it resides. "
23. In paragraph 388. 4 (a). 5, the words "referred to in paragraph 3 shall be replaced by
the words "in accordance with paragraphs 2 and 3".
24. In paragraph 397. 4, the first sentence shall be replaced by the phrase "against the decision
referred to in paragraphs 1, 2 and 3 of the complaint is admissible, which in the case of
the decisions referred to in paragraphs 1 and 2 shall not have suspensory effect. ".
25. In section 397 paragraph. 5 is the number "3" is replaced by "1".
26. In paragraph 405. 1, after the word "State", the words "or if the
reasonable grounds to suspect, that it resides. "
27. In paragraph 405. 5 the last sentence, the words ", other than the official language of the
or languages in which the Member States shall bring into force the European arrest warrant and the
the details of his service "shall be deleted.
28. In section 406, paragraph. 1 (a). (d)) and e), the words "referred to in paragraph 1" shall be deleted.
29. In section 406, paragraph. 2 sentence of first and fourth and in paragraph 1(b). 3, the number "2"
replaced by the number "1".
30. In section 411, paragraph. 3, after the words "If", the words "this is not a case
in accordance with paragraph 6 (a). (e)) or ".
31. In section 411, paragraph. 5 the first sentence, after the word "has", the words "in the
the case of a decision under paragraphs 1 and 3.
32. In section 411, paragraph. 6 (a). and the word "), the following is inserted after the word" taxes ",
the charges ".
33. In § 412, paragraph. 2 (a). (e)), the word "drug" shall be replaced by
"narcotic drugs".
34. In section 420, paragraph. 1 the second sentence. 4, the first sentence and paragraph. 5 the first sentence
the words "paragraph. 4 "shall be replaced by the words ' paragraph 4 '. 1. "
35. the heading of section 441 added: "securing and transfer of goods, provision of other
property values and ensure the property ".
36. In section 441 paragraph 1 reads:
"(1) on application to the authority of the requesting State, shall decide the authority
competent pursuant to paragraph 3 of the collateral and the transmission of things or to ensure
other assets or property or its part, which may
serve as evidence or which were obtained by the criminal offence, or
for such a thing, another asset or assets was
the latter. ".
37. In section 441, paragraph. 2 the first sentence, the words "property or" be replaced by
the words "things, other assets or assets or" and the other in a sentence
the word "and" shall be deleted.
38. In section 441, paragraph. 3 (a). 4, the first sentence, the words "and the property"
replaced by the words "things, other assets or assets or
the section ".
39. In paragraph 441. 5, the words "surrender of goods and assets" shall be replaced by the words
"the transmission of things".
40. In paragraph 441. 6 the first sentence and paragraph. 7 the first sentence, the word
"the surrender" shall be replaced by the word "surrender", and in paragraph 1(b). 7 sentence the second word
"the surrender" shall be replaced by the word "passes".
41. Under the fourth head of twenty-fifth section of the seventh following new
the eighth section, including the title:
"The eighth Section
Special provisions on the recognition and enforcement of a decision regarding the securing of assets
or evidence between Member States of the European Union
§ 460a
(1) the provisions of this section shall apply to ensure
and the property or any part thereof), or other assets,
where it is suspected that they were intended to commit the offence, or
a criminal offence have been used, or are the proceeds of criminal activity or
its value correspond, even if only in part, such a decree (hereinafter referred to as
"the assets"), or
(b)) evidence referred to in section 112 (hereinafter referred to as "the burden of
means "),
If you are located in the territory of a Member State of the European Union (hereinafter referred to as
"executing State") on the basis of an order freezing property or
evidence given in another Member State of the European Union
(hereinafter referred to as the "issuing State").
(2) the command to ensure the means command of the competent judicial authority
the issuing State in accordance with the legislation of the European Union,
to prevent the destruction, alteration, transfer or sale
assets that may be subject to confiscation or requisition, or
the burden of the resource.
(3) subject to the provisions of this section shall apply to the
freezing property or evidence, the provisions of section of the third
the head of the fourth and fifth of the first section and the provisions of this title.
Freezing property or evidence in another Member State
§ 460b
(1) if it is necessary to provide the property or evidence is located
in the executing State shall issue to the President of the Senate, and in preparatory proceedings
State representative to ensure the command. Command to ensure that the property
or evidence must contain the
and) the name, address, telephone and fax number and e-mail address of the authority
that issued the command,
(b) the date and place of issue) command,
(c) a description of the facts) going with a precise indication of the time, place and manner
of the offence,
(d) the legal name of the crime) with the literal wording of the relevant
the statutory provisions,
(e) the designation and description of the asset) or evidence of the resource and the place where the
located abroad, and
f) guidance on the appeal referred to in paragraph 6.
(2) the certificate shall be attached to the issue of an order freezing property
or evidence with a translation into the official language or one of the
the official languages of the executing State or into a language which is
the executing State willing to accept the order. Model of the certificate of
issue an order freezing property or evidence establishes
By a decree of the Ministry of Justice.
(3) in the case of collateral evidence connects to a command
paragraph 1 a request for the evidence to the Czech Republic. In
If the property connects an application for recognition and enforcement of decisions
about the confiscation or forfeiture or the prevents things or other
property value immediately after the release of this decision.
(4) to the command to ensure that the burden of resource can be connected
the request to the judicial authority of the executing State, in the exercise of this
take command in the application referred to the provisions of the code of criminal procedure, if it
It is not contrary to fundamental principles of law in the executing State.
(5) If you cannot connect to an application under paragraph 3, contains the certificate referred to in
paragraph 2, to ensure it took until the time of the submission of this
the application, including the estimated date of its submission.
(6) an order freezing property referred to in paragraph 1 shall be admissible
the complaint.
§ 460c
The command to ensure the assets or evidence including certificates
According to § 460b paragraph. 2 the President of the Senate shall be sent and, in preliminary proceedings the State
representative without undue delay after its release directly to the competent
judicial authority of the executing State. Sending via the
The Ministry of Justice in the case of an order issued by the President of the Senate
or through the Supreme State Prosecutor's Office in the case of
the statement issued by the public prosecutor, is not out of the question. The person directly concerned
the command to ensure the assets or evidence, the command delivers
until then, the competent judicial authority of the executing State to ensure that
the performance of this command in the executing State.
§ 460d
The President of the Senate and in the preliminary proceedings, the Prosecutor who issued the
the command to ensure the property or evidence, it shall without
delay, inform the competent judicial authority of the executing State
cancel this command.
Recognition of the command to ensure the assets issued by a judicial authority of another
Member State and ensure the enforcement of the decision on the recognition of this command
§ 460e
(1) the decision on the recognition of the command to ensure the assets issued by the
judicial authority of the issuing State and to ensure the enforcement of the
the recognition of this command is the competent State Prosecutor of the district public
Attorney's Office in whose district the property to which this
the decision applies; If it is relevant at the same time more prosecutors,
proceed in accordance with § 431, paragraph. 3.
(2) if the command to ensure the assets issued by a judicial authority
the issuing State sent to the Prosecutor, which is to decide on the
the recognition of such responsibility, the command assigns the public prosecutor
without delay to the competent State Prosecutor; about this referral notify
the judicial authority of the issuing State, which had such a command.
(3) for the implementation of actions in accordance with title of the fourth, which is given the power to
the Court in these proceedings, the competent District Court under section 26.
§ 460f
(1) the Prosecutor shall decide on the recognition of an order freezing property
issued by the judicial authority of the issuing State, except in cases of
referred to in paragraphs 2 and 3, and without delay, shall ensure the exercise of this
the decision by ensuring that asset under section of the third head of the fourth, with the
except in the cases referred to in paragraph 4, second sentence of the paragraph and section 460g. 1.
recognition of the command to ensure the assets issued by a judicial authority
the issuing State shall decide the Prosecutor within 24 hours,
If within this period it is possible to obtain sufficient evidence to its
decision. If the Prosecutor decides on the recognition of the statement to
ensure the assets issued by the judicial authority of the issuing State in
the said time limit, decide about this recognition immediately after measures
necessary documents for its decision. In the grounds of the resolution shall indicate the
the reasons for which it was not possible within the time limit.
(2) the Prosecutor shall decide on the non-acceptance of an order freezing property
issued by the judicial authority of the issuing State, if
and) to order freezing assets is not a certificate under section 460b
paragraph. 2, or the certificate is incomplete or manifestly does not correspond to the content of the
the command, unless the information referred to in the order or other judicial document
authority of the issuing State is sufficient for the decision on the recognition
the command to ensure the asset, or is this authority on the challenge, and within the time limit
in accordance with paragraph 3 adds, repaired, or subsequently submitted a certificate,
(b) the offence is not punishable under) the law of both States, unless negotiations under the
Section 412; in the case of criminal offences relating to taxes, fees, duties or
the currency cannot be the recognition order of the judicial authority of the issuing State
refused only on the grounds that the legislation of the Czech Republic
do not impose the same kind of taxes, charges and customs duties or do not have the same
the provisions relating to taxes, fees, duties and currency legislation
the issuing State,
(c)) the prosecution is inadmissible for the reasons under section 11 (2). 1 (a). (f)),
g), (h)) and paragraph 4,
(d) the property referred to in the order) cannot be the subject of guarantee referred to in
special legal regulation,
e) command was not issued in the framework of criminal proceedings in the issuing State,
or
f) command is in conflict with the interests of the Czech Republic in the protected section 377.
(3) if the information referred to in order to ensure the assets, issued by the
judicial authority of the issuing State, or a certificate under section 460b
paragraph. 2, are not sufficient for the State Prosecutor's decision on the recognition of
This command or do not match the content obviously command or certificate,
or the certificate is not attached, the State representative of the judicial authority
the issuing State to send the certificate or to supplement the command or
the certificate of the required information or to correct them, and lays down the
a reasonable time limit.
(4) the Prosecutor shall immediately inform the judicial authority of the issuing
the State of recognition or partial recognition of his command to ensure the assets and
ensure the enforcement of the decision on the recognition of the command. Likewise, it shall immediately
shall inform the authority of the non-recognition of his command to ensure the assets,
as well as ensuring that cannot be done, because that is the
the subject of the collateral, is lost or destroyed or it is not possible to find a
at the location indicated in the certificate referred to in section paragraph 460b. 2.
(5) against the resolution on the recognition of the command to ensure the assets issued by the
judicial authority of the issuing State in accordance with paragraph 1 shall be admissible
the complaint. Complaints cannot be challenged the reasons for which the command was to
ensure asset issued by a judicial authority of the issuing State. State
the representative shall inform the competent judicial authority of the issuing State about filing a complaint
and the outcome of the proceedings of this complaint.
§ 460g
Postponement of execution of a decision on the recognition of an order freezing property
(1) If a prosecutor command to ensure the assets issued by the judicial
authority of the issuing State may decide on the postponement of execution
the decision on the recognition of this order, if the
and), its execution might damage an ongoing criminal proceedings in Czech
Republic, or
(b)) property referred to in order to guarantee issued by the judicial authority
the issuing State has already been provided in the context of another criminal proceedings
ongoing in the Czech Republic or in another State.
(2) the Prosecutor shall immediately inform the judicial authority of the issuing
the State of the postponement of execution of a decision on the recognition of the statement referred to in paragraph 1
including the reasons for the postponement, and if it can be estimated, and about
the expected duration of the postponement. Also inform judicial
authority of the issuing State other limitations which apply to the
assets referred to in the statement issued by the judicial authority to ensure
the issuing State if he is aware of.
(3) as soon as the reason for the postponement of the execution has passed a decision on recognition of the command
referred to in paragraph 1, the Prosecutor shall ensure that the execution of the decision on the recognition of
the command to ensure the assets pursuant to § 460f and shall inform
the judicial authority of the issuing State.
§ 460h
The duration of the restrictions, and the abolition of the collateral assets
(1) the property under section 460f lasts until the enforcement of the
the recognition order of the judicial authority of the issuing State, which was
pronouncing the forfeiture or asset referred to in order to prevent the
collateral assets or any part thereof, or to the time of cancellation to ensure
the assets of the public prosecutor in accordance with paragraph 3.
(2) the Prosecutor who decided on the recognition order freezing property
issued by the judicial authority of the issuing State and ensure the exercise of this
decision, shall decide on the restriction of the property, if the notified
judicial authority of the issuing State that the range of collateral property
referred to in order to ensure he was in the issuing State.
(3) the Prosecutor who decided on the recognition order freezing property
issued by the judicial authority of the issuing State and ensure the exercise of this
the decision, immediately decides on the abolition of the collateral assets, as soon as
has been notified to the judicial authority of the issuing State of that command to the
the property was in the issuing State. Against the decision of the
in accordance with paragraphs 2 and 3 shall be admissible, a complaint that has a suspensory effect.
Complaints cannot be challenged the reasons for that was the extent of the collateral
assets in the issuing State, limited or cancelled.
Securing and transfer of evidence referred to in order to
ensure the evidence issued by the judicial authority of another
the Member State of
§ 460i
(1) the President of the Senate, and in preparatory proceedings the public prosecutor without delay
ensure the evidence referred to in order to ensure the certificate issued
the competent judicial authority of the issuing State, with the exception of the reasons
referred to in paragraphs 4 and 5 of the sentence of the second paragraph and in section 460 k. 1.
proceed by analogy with the provisions of section of the third head of the fourth.
(2) If there is a need to ensure that the burden of resource use measures
According to § 82 to 85b, § 87c, § 86 to 88, 88a or § 158b to 158f,
ensure that the President of the Senate and, in preliminary proceedings the State Prosecutor evidence
resource under the conditions referred to in those provisions, and with the exception of
the negotiations referred to in section 412 and under the condition of double criminality.
(3) the President of the Senate and in the preliminary proceedings, the Prosecutor shall take into account the
the request of the judicial authority of the issuing State to the procedural requirements
This authority concerning the securing of evidence, if they are not
contrary to the basic principles of criminal proceedings under this Act, and
with the interests of the Czech Republic referred to in § 377.
(4) if the information referred to in order to ensure that the burden of resource
issued by the judicial authority of the issuing State, or a certificate under section
paragraph 460b. 2, are not sufficient to ensure the evidence or
obviously do not correspond to the content of the statement or certificate, or the certificate is not
connected, the President shall call the Senate and, in preliminary proceedings, the Prosecutor
the judicial authority of the issuing State to send the certificate or to supplement
command or the certificate of the required information or to correct them, and provides
to do this, a reasonable time limit.
(5) the President of the Senate and in the preliminary proceedings, the Prosecutor shall immediately
inform the judicial authority of the issuing State to provide evidence of the
the resource specified in the order of such authority. Likewise, it shall immediately
shall inform that authority of the burden of resource failure reasons
referred to in section paragraph 460f. 2, as well as ensure that cannot be performed
as evidence, which is the subject of the collateral has been lost,
destroyed, or it is not can be found in the location indicated in the certificate referred to in
§ 460b paragraph. 2.
§ 460j
(1) at the request of the judicial authority of the issuing State shall transmit to the
the President of the Senate and, in preliminary proceedings the State Prosecutor evidence
the resource in the issuing State. When you pass the burden of resource
to the issuing State, the President of the Senate and, in preliminary proceedings the State
the representative of the competent judicial authority of the State of his return;
This right may, however, explicitly give up.
(2) If the evidence was already provided in another
criminal proceedings conducted in the Czech Republic, the President of the Senate and in the
preliminary proceedings the State Prosecutor evidence temporarily
to pass to the issuing State under the condition that it be returned to, and within,
which provides, if one is needed for the criminal proceedings held in the Czech
Republic or lays down special legal regulation.
(3) the President of the Senate and in the preliminary proceedings, the Prosecutor shall transmit the
judicial authority of the issuing State evidence indicating
in other criminal cases, than in which it was requested, it can be used only
with his consent.
§ 460 k
Postponement of the collateral evidence
(1) the President of the Senate and in the preliminary proceedings, the Prosecutor may defer
ensure the evidence referred to in order to ensure the certificate issued
judicial authority of the issuing State, if
and would ensure it could) undermine the criminal proceedings are ongoing in the Czech
Republic, or
(b)) the evidence referred to in the order of the judicial authority of the issuing
the State has already been secured in other criminal proceedings in progress in the
The Czech Republic or another State.
(2) the President of the Senate and in the preliminary proceedings, the Prosecutor shall immediately
inform the judicial authority of the issuing State to postpone the implementation of the
ensure the evidence referred to in paragraph 1, including the reasons for this
the postponement, and if it can be estimated, and the estimated duration of this
the postponement.
(3) as soon as the reason for the postponement of the pass, the President of the Senate, and in the preparatory
the proceedings the Prosecutor performs to ensure evidence under section
460i and shall immediately inform the judicial authority of the issuing State.
§ 460 l
The duration of the restrictions, and the abolition of the collateral evidence
(1) Provide evidence in accordance with § 460i lasts until his
transfer pursuant to section 460j judicial authority of the issuing State or until the
the abolition of the collateral evidence by the President of the Senate or in the
the preliminary proceedings, the public prosecutor in accordance with paragraph 3.
(2) the President of the Senate and, in preliminary proceedings the State Prosecutor, who
ensure the evidence referred to in order to ensure the certificate issued
judicial authority of the issuing State shall ensure the burden
resource, if the judicial authority of the issuing State shall be informed about the
ensure that the scope of the evidence referred to in order to
the collateral was in the issuing State.
(3) the President of the Senate and, in preliminary proceedings the State Prosecutor, who
ensure the evidence referred to in order to ensure the certificate issued
judicial authority of the issuing State shall ensure the burden
resource, if the judicial authority of the issuing State shall be informed about the
that this order was cancelled in the issuing State.
Claim in relation to the Member States of the European Union
§ 460 m
(1) the Ministry of Justice shall reimburse, on request, on condition of reciprocity
in the executing State which has recognised and made subject to an order under section
460b, the amount paid by him as compensation for conditions
that
and the final abolition) order freezing property or
evidence issued by the Chairman of the Board, pursuant to section 460b or in
the preparatory proceedings by the public prosecutor,
(b)) by the executing State has reimbursed by their national
the laws of such person has been caused by the broken command issued under section
460b,
(c) request of the executing State) for reimbursement of damages paid by it or
the documents annexed thereto shall contain the amount of damages paid, the
payment is requested, its grounds and details of the authority responsible for
acceptance of the remuneration, including the banking connection for the purpose of making
the requested amount or request another payment method, and
(d)) the application referred to in subparagraph (c)), the final decision is attached
the competent authority of the executing State for compensation.
(2) in the event that the application of the executing Member State does not
the necessary data, the competent authority of the Ministry of Justice
the executing State to its completion and provides the appropriate
the time limit. In doing so, it shall draw attention to the consequences of non-compliance of this challenge.
Fails-if the competent authority of the executing State in this challenge
the specified time limit, without stated reasons, from which so could not make,
The Ministry of Justice does not comply with the request.
(3) the Ministry of Justice does not refund the executing State
the damage that has been caused by incorrect procedure of the institutions executing
State.
§ 460n
(1) the Ministry of Justice is authorised to ask the issuing State
under the conditions laid down by the reimbursement of the amount paid as a
compensation in the event that the
and State representative) pursuant to § 460f acknowledged the command to ensure the assets issued by the
judicial authority of the issuing State and ensure the execution of this decision
about the recognition,
(b) the judicial authority of the issuing State), which issued such a command,
the State Prosecutor announced that the command was in the issuing State
been cancelled, and
(c)) the Ministry of Justice paid to a person whose property has been on the
the basis of a cancelled order, damages under the Special
legal regulation and the damage was caused by the command to ensure the
the assets of the judicial authority of the issuing State.
(2) entitlement to the reimbursement of the compensation paid in accordance with paragraph 1 shall
applied in the form of a request to the competent authority of the issuing State in accordance with
the laws of the issuing State. In the request or attached to it
documents setting out the amount of compensation paid and its justification,
details of the authority responsible for acceptance of the tender, including the Bank connection
for the purpose of making the required amount, or to request a different way
payment, and other information as required by the issuing State.
(3) the Ministry of Justice is not entitled to claim remuneration paid
compensation for the damage which has been caused exclusively by incorrect procedure bodies
Of the Czech Republic.
(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to compensation
caused by providing evidence under section 460i carried out on
the basis of the command to ensure the evidence issued by the issuing
State. ".
42. section 470 is hereby repealed.
Article II
The transitional provisions of the
Proceedings in the Czech Republic for freezing property or evidence
in another Member State of the European Union, or the procedure for the recognition of the statement to
freezing property or evidence in the territory of the Czech Republic,
that issued by a judicial authority of another Member State of the European Union,
and the unfinished before the date of entry into force of this law, the
completes the eighth title under section twenty-fifth.
PART THE SECOND
cancelled
Article. (III)
cancelled
PART THE THIRD
Amendment of the Act on the enforcement of the property and things in criminal proceedings
Article IV
Act No. 279/2003 Coll., on ensuring the performance of assets and goods in the criminal
management and amending certain laws, as amended by law No 112/2006 Coll.
Act No. 115/2006 Coll., is hereby amended as follows:
1. The title of part the first: "the enforcement of the PROPERTY and
THE SECURED ASSETS MANAGEMENT, GOODS AND OTHER ASSETS ".
2. § 1, including title and footnotes 1 to 1e:
"section 1
General provisions
(1) This Act provides the procedure for the enforcement of collateral
property or its designated section ^ 1) (hereinafter referred to as "property") and its
Administration.
(2) the provisions of this law on the administration of the secured assets by analogy
will the management of book-entry securities ^ 1a ^ 1b), real estate) and
other property values of ^ 1 c), which ensure it was decided in
criminal proceedings, and to manage the Affairs of the ^ 1 d) issued or withdrawn in the criminal
the proceedings; This does not apply if the Authority took over law enforcement
the individual case into custody for the purpose of the taking of evidence.
(3) the provisions of this law on the procedure of the Court shall apply mutatis mutandis to the procedure used
the State Prosecutor. The provisions of this law on the administration of the secured
the property is also used similarly to the procedure of the police authority, who
ensure the assets held, called for release of the case or issued the command to
withdrawal of the case by a special legal regulation ^ 1e); police authority
needs of all decisions or measures concerning the management of
the secured assets the prior consent of the Prosecutor. Of the action,
which interferes with the fundamental rights and freedoms and which according to the
special legal regulation ^ 1e) in the preliminary proceedings shall be decided by the judge,
under this Act, the judge shall act on a proposal from the Prosecutor.
(4) the filing of an indictment or a proposal for punishment under the Special
^ law 1e) passes the Administration secured assets to the Court.
The Prosecutor shall transmit, together with the indictment, or a proposal for punishment
all the documents to the Court of the action taken by him in the administration of the secured
the asset.
(5) the provisions of this law on the administration of the secured assets, in which the
talks about the accused, mutatis mutandis, also used on another person, whose property
ensure in criminal proceedings.
(6) the things that are Secured under this law consist in custody,
always composed into custody court.
(7) except where this act otherwise, proceed in the performance of the decision
to ensure the assets under a special legal regulation ^ 1e).
1) section 47, 347 and 441 of the criminal procedure code.
1A) section 79f 79c and the criminal procedure code.
1B) section 79 d and 79f criminal procedure.
1 c) § .79e and criminal procedure 79f.
1 d) section 78, 79 and 79f criminal procedure.
1E) the criminal procedure code. ".
3. In section 5 (3). 2 (a). (d)), the words "and the real" shall be replaced by the words
"real estate".
4. In section 5 paragraph 6 is added:
"(6) if the transfer or the establishment of the rights to the zajištěnému of the assets necessary
write to the registers kept under special legislation, can be
notification made under paragraph 5, such registration only with the
the prior consent of the Court, which decided to hedge. If according to the
special legislation filed the proposal to deposit law
real estate before issuing a resolution on its collateral and not about him
the competent authority has not been decided, the losing brought on the proposal
their legal effects on the date of the entry into force of the resolution on the
ensure. ".
5. the title of section 7 is added: "the discovery of the securities, cash and
other assets ".
6. In section 7 (2). 5, the word "other" is replaced by the words "other property".
Footnote 5:
"5) § 79c and § 79a to .79e criminal procedure."
7. In section 8 (2). 2 the second sentence, after the words "common household" shall be
the words "and also the person that is known to the real estate law".
8. In section 10, paragraph 1. 1 letter d) including footnote No 7 to 9:
"(d)) lead in the operational register ^ 7) in the manner and under the conditions laid down by
a special law ^ 8) until the final disposition of assets
and in the case of the bailiff's lead in the register under a special rule
^ Code 9)
7) section 15 of Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended by Act No. 202/2002 Sb.
8) Decree No 62/2001 Coll., on the State and management of organizational components
Government organizations with State property.
9) section 76a of the Act No 120/2001 Coll., on bailiffs and enforcement
activities (procedure) and amending other laws, as amended
regulations. ".
9. In section 10, paragraph 1. 3 (b). (d)), the words "real things" is replaced by
"real estate".
PART THE FOURTH
Amendment of the Act on the judiciary in matters of youth
Article. In
Act No. 218/2003 Coll., on liability for unlawful acts and the youth of the
the judicial system in matters of youth and on the amendment of certain laws (the law on the
the judicial system in matters of youth), as amended by law no 383/2005 Coll., amended
as follows:
1. In § 21. 1 the first sentence, section 24, paragraph. 1 (a). (d)), and § 35 paragraph. 5,
the word "things", the words "or other assets.".
2. In section 54 paragraph 3 reads:
"(3) the judgment shall be published publicly in the main proceedings in the presence of
the young person. A final condemning judgement may be published in the
public media only without the indication of the name or
names, and the last name of juvenile, juvenile protection when appropriate before
side effects of his publication. ".
3. In section 54, the following paragraph 4 is added:
"(4) the President of the Chamber, having regard to the person of the juvenile and the nature and
the nature of the offence, may decide
and) further limitations associated with the publication of the final
conviction not referred to in paragraph 3 for the purpose of reasonable
the protection of the interests of the young person,
(b) the publication of a final conviction) judgement, with the name,
where appropriate, the names and surnames of the juvenile, as well as of the publication of his
other personal information, if it is a particularly serious offence, and such
the disclosure is necessary for the protection of society. ".
PART THE FIFTH
Amendment of the Act on criminal records
Article VI
Act No. 273/1994 Coll., on criminal records, as amended by Act No. 126/2003
Coll., is hereby amended as follows:
1. In section 4, paragraph 4. 1 the term "judgment" shall be replaced by "decision" and
the words "Supreme Court" ^ 2) "shall be replaced by the words" the competent court according to the
special legal regulation ^ 2) ".
Footnote 2 shall be added:
"2) § 452 and 458 criminal procedure."
2. In section 4, paragraph 2, the following new paragraph 3, including notes
footnote No. 2a is added:
"(3) if they have been recorded in the register of criminal records data on another conviction
a citizen of the Czech Republic by a Court of a non-resident under paragraph 2, and the Court
competent pursuant to special legal regulation ^ 2a) subsequently decide on the
the recognition of such a decision of a foreign court, the Supreme Court on the initiative of
This Court shall revoke its previous decision to record information about other
the conviction; Criminal record in this case only the decision on
recognition of the decision referred to in paragraph 1.
2A) of section 452 criminal procedure. "
The former paragraph 3 shall become paragraph 4.
Footnote No. 2a is referred to as a footnote
No 2b., including links to a footnote.
3. In section 4, paragraph 4. 4, the words "the Supreme Court shall decide on the recognition of the judgment"
replaced by the words "the Court referred to in paragraph 1 shall decide on the recognition of
the decision "and the word" or "shall be inserted after the words" Supreme Court
Decides to ".
4. under section 9 shall be added to § 9a, which including the title:
"§ 9a
Registration of conditional postponement proposal for punishment
Criminal record leads to the need for criminal proceedings, registration of persons,
where the Prosecutor has been finally decided on conditional postponement of the draft
on the punishment. When sending data to the register and their decommissioning,
proceed mutatis mutandis under section 8 and 9. ".
5. In section 10, paragraph 1. 5 the second sentence, after the word "prosecution", the words ",
the conditional postponement proposal for punishment ".
PART SIX
Change the enforcement order
Article. (VII)
At the end of section 76a of the Act No 120/2001 Coll., on judicial executors and
enforcement activities (procedure) and amending other laws, as amended by
Act No. 279/2003 Coll., is added the sentence "when registering the managed
the assets progresses executor adequately as when recording things taken over
for safekeeping. ".
PART SEVEN
Amendment to Act No. 539/2004 Coll.
Article. (VIII)
Act No. 539/2004 Coll., amending Act No. 141/1961 Coll., on criminal
judicial proceedings (code of criminal procedure), as amended, and some
other laws, is hereby amended as follows:
In article II, section 2:
"2. The provisions of section twenty-fifth third title shall not apply to
the handover of the citizen of the Czech Republic from the Czech Republic to another Member
State of the European Union, if the offence was committed before the date of
the effectiveness of this Act. In these cases, the procedure referred to in
the provisions of § 391 to 402, as amended by this Act. ".
PART EIGHT
The EFFECTIVENESS of the
Article. (IX)
This law shall enter into force on 1 January 2005. July 2006.
in the z. H in r.
Klaus r.
Paroubek in r.
