of 11 December 1997. December 1991,
amending and supplementing the criminal procedure code and the law on the protection of the State
the secret of
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of the law No 57/1965 Coll., no. 58/1969 Coll. No 149/1969 Coll. No.
48/1973 Coll., No 29/1978 Coll., No 43/1980 Coll., no 159/1989 Coll. No.
178/1990 Coll. and no. 303/1990 Coll., shall be amended and supplemented as follows:
1. In article 2 (2). 4 at the end of the sentence: "connects to the content of petitions
intervening in the fulfilment of these obligations of the authorities responsible for criminal proceedings
take no account. ".
Paragraph 9 is added:
"(9) in criminal proceedings before the Court shall be decided by the Chamber or a judge;
President of the Chamber or a judge decide for yourself only, where the law
expressly provides. Decide if the Court in preliminary proceedings in the first
degree, the decision shall be the judge. ".
2. In article 6 (1). 1, after the words "the prohibition of activities", the words "or
the prohibition of residence ".
3. In § 8 para. 1 the words "authorities of the national security corps" are replaced by
the words "law enforcement".
Paragraphs 2 and 3 shall be added:
"(2) the information which otherwise are subject to banking secrecy, may only be in
preliminary proceedings, the Prosecutor demand only. Investigator or
Search authority need prior consent to such a request
Prosecutor. In the proceedings before the Court may require such information to the President of the
(3) the provisions of paragraphs 1 and 2 shall not affect the obligation of the State
and economic secrets or confidentiality obligation imposed by the State. ".
4. under section 8, the following new section 8a, which including the title reads as follows:
Provision of information on criminal proceedings
(1) law enforcement Authorities shall inform the public about its activities,
the provision of information to the media. In doing so, they shall ensure that
do not jeopardise the clarification of facts important for the assessment of things,
disclose on the persons who are to participate in criminal proceedings, data,
that are not directly related to the crime, and that do not breach policy,
that until a conviction is not pronounced, you cannot
to the one against which the results of criminal proceedings, looking as if he were guilty
(section 2 (2)).
(2) the reasons referred to in paragraph 1, the authorities responsible for criminal proceedings
denying disclosure. ".
5. § 9 para. 2 the second sentence with a semicolon, the word "issue" is replaced by
dot and the words "unless the proceedings in the fly, will propose
his attorney begin "are deleted.
6. In article 12, paragraph 1, the following paragraph 2 is added:
"(2) the police authorities means the organs of the Federal Police
the choir, ^ 1) ^ 2 the Czech Republic Police) and the police corps of the Slovak
States ^ 3) (hereinafter referred to as "police"). ".
In paragraph 12, the words "national" are deleted after the words "Ministry" and
Paragraphs 2 to 12 are renumbered 3 to 13.
1) Act No. 335/1991 Coll., on the Federal Police Corps and the Corps Castle
2) Act No. 283/1991 Coll., on the police of the Czech Republic.
3) Act SNR No. 203/1991 Coll. on the Police Corps of the Slovak Republic.
7. in section 17 shall be deleted and paragraph 2 shall be deleted at the same time numbering
8. section 19 shall be deleted.
9. the heading of section 25 shall be inserted under the designation of this section. In paragraph
2 at the end of the sentence: "This connects the consent is not necessary if the
withdrawal of referral between the military and the courts. "
10. section 26 including the title reads as follows:
Jurisdiction of the Court to the tasks in the preparatory proceedings
To perform actions in the preliminary proceedings, the competent court in the place where
is active the Prosecutor who filed the design. ".
11. In article 28, the words "If the accused does not control the language" shall be replaced by
"If the accused declares that he doesn't control language".
12. in section 29 para. 2, the sentence is inserted after the first sentence: "unless this
authority or the President of the Chamber with a breakdown of the compensation and rewards of an interpreter
shall decide on the amount of the order. ".
13. in section 30 paragraph 2. 1, after the word "judge" is inserted after "Member". In
paragraph 2, the word "judge" the words "or associate" and on the
the end is attached sentence: "after the filing of the indictment is excluded from
carrying out acts of criminal proceedings, the judge in the present case in the
preliminary proceedings ordered search warrant, issued a warrant for the arrest of
or a decision about custody of the person to whom the indictment has been filed then. ". In
paragraph 3, first sentence, after the word "judge" the words "or
14. section 31 reads as follows:
the "section 31
(1) the immediate superior authority decides on the
the basis of the notification of the person to the exclusion of it, or on the basis of
some of the party's objections. Until the decisions of these authorities on the exclusion of
by persons whose exclusion goes, only those tasks that will not endure
(2) whether it is excluded by the judge or lay judge, decides to parent
the Court in the Senate. On the exclusion of judges of the Supreme Court of the United States,
The Supreme Court of the Slovak Republic and the Supreme Court of the Czech and
Slovak Federal Republic chooses another Chamber of the same court.
If it was decided that the judge or lay judge shall be excluded shall be determined by
Instead the President of the Court, another judge or the assessor's. ".
15. In § 33 para. 1 the second sentence, after the words "to submit" the words
"application and". In paragraph 2, after the word "free", the words "or
the defence for a reduced fee ".
16. in section 35 para. 1, the second and third sentence shall be replaced by:
"For the individual acts of criminal proceedings, with the exception of proceedings before the Court,
may be represented by his lawyer by the Bar Association. ".
17. § 36 odst. 4 at the end of the word for "healing" with the words "
the exception of the protective treatment of protialkoholního ".
18. in § 36a para. 1 (b). (c)) are deleted, the words "or in execution of a sentence
deprivation of liberty ".
In paragraph 2 (a). (d)) at the end of the period is replaced by a comma and connects
a new subparagraph (e)), which read as follows:
"e) in the case of a procedure against a prisoner who died.".
19. In article 38 paragraph 2. 1 the last sentence reads: "by this deadline will not be
defense lawyer elected, he will advocate on the duration for which grounds must
the defence immediately established. ".
20. section 39:
(1) an advocate shall designate, and no longer exist if the reasons necessary to the defence, the provisions
Clears the President of the Chamber and the pre-trial judge.
(2) if there is a joinder to the common discussion and decision and
the accused person was in each of these things is appointed defense lawyer, President of the Chamber
and, in preliminary proceedings, the judge shall cancel the provisions of those defenders who were
appointed later. If the provisions of the defenders at the same time, it cancels the
the provisions of the defense lawyers, who were appointed in a less severe
21. in paragraph 40, last sentence reads: "waived decides in proceedings before the
the Court of the President of the Senate and in preliminary proceedings judge. ".
22. in § 50 para. 2 are deleted, the words "and which is civilly impeachable".
The following paragraph 3 is added:
"(3) the agent of the person concerned, and the injured party in criminal proceedings, in
which discusses the facts forming the subject of State secrets
can only be a lawyer or a person who may get acquainted with the State
the secret to the relevant section. ".
23. § 62 para. 2 is added:
"(2) if necessary, especially when nařízeném hits,
Failure attempting to deliver it in a different way to the addressee
the consignment, which is to save the excluded, or when the risk that a delay in the
the delivery will be the negotiations, the delivery can be thwarted by the request and the police
In paragraph 4, the words are deleted ", or your local National Committee".
24. In § 63 para. 2 the words "are deleted, or your local national
the Committee ".
25. In section 66 paragraph 1. 1 with the number "1 000" is replaced by "2 000".
26. section 68 including title sounds.
The decision on custody
You can only take into custody the person against whom it was allegations (para.
163) or which has been communicated to the accused (para. 169). The decision on custody must
be justified whether or not the facts. About binding by the Court and in the
on a proposal from the Prosecutor's pre-trial judge. ".
27. section 69 including the title reads as follows:
The order to arrest
(1) if any of the reasons given is binding (§ 67) and the accused cannot be
call, show off or detained and ensure his presence in the
the hearing, the pre-trial judge shall issue, upon a proposal of the Prosecutor and in the
proceedings before the Court the President of the Senate to the accused was arrested.
(2) an order for the arrest must be next to the data to ensure that the accused will not be
confused with another person, include a brief description of the offence for which it is
the accused prosecuted, the indication of a criminal offence which is in this deed
sees, and accurate description of the reasons for which the warrant is issued.
(3) Arrest shall be carried out on the basis of the police authorities, which are
must also, where necessary, to execute a command to track down stay
of the accused.
(4) a police authority, that of the accused on the basis of the arrest, it is
obliged to him without delay, but not later than within 24 hours to deliver the Court whose
the judge issued the order; If this is not possible due to the significant, exceptionally
the distance of the place of arrest from the Court whose judge issued the order,
the accused must be delivered no later than 24 hours after the arrest of another substantive
to the competent court. If not so, the accused must be released on
(5) the judge to whom the accused was delivered, the accused must immediately
listen to decide on custody and the decision to notify the accused within 24
hours of the time when the accused was delivered. If the questioning of the accused
another jurisdiction, the judge, the judge shall inform its outcome materially
the Court that issued the warrant. This judge after
to obtain information about the hearing will decide on custody and shall notify its decision to the
the questioning of the accused by a judge of the performing. If it is not
the accused person informed of the decision within 24 hours from the time it was delivered to the Court
or the judges performing the interrogation, the accused must be released on
(6) in proceedings before the Court shall decide on the custody judge is arrested.
(7) the accused, who was taken into custody, shall supply to the place of binding
police authorities. ".
28. section 71 including the title reads as follows:
(1) Binding in the preparatory proceedings may last only as long as necessary.
If the binding has overflowed two months and there is a risk that the
the release of freedom could be impeded or aggravated by achieving the purpose
the criminal proceedings, the judge may, on a proposal from the Prosecutor to extend the
the time limit for a maximum of six months. Over this period may extend the binding
only the Senate. Before submitting a proposal for extension of the period is the Prosecutor
obliged to take all measures to speed up criminal proceedings. Binding in
preliminary proceedings, however, shall not exceed one year; If one year and
If it is not filed within this time limit the prosecution, Procurator of the accused on the
(2) the application for extension of the period referred to in paragraph 1, the Prosecutor may submit
at least five days before the end of the period. If the Court decides in the end of the
period, the accused must be released by the Prosecutor. Resolution on the
the extension of the binding must be served on the accused person within ten days from the
(3) in proceedings before the Court can take a maximum of one year's binding.
(4) if it has not been possible for serious reasons the preparatory proceedings end up in
the time limit referred to in paragraph 1a of the proceedings before the Court within the time limit referred to in
paragraph 3 and the release of the accused on freedom at risk probably risk
the life and health of people or violations of other fundamental rights and freedoms
citizens, the Supreme Court may bind to the strictly necessary to extend it.
(5) for an extension of custody pursuant to paragraph 4 in the preparatory proceedings shall act
at the suggestion of the Attorney General and in the proceedings before the Court on a proposal from
President of the Senate of the Supreme Court of the Republic. If the extension of the binding in the
proceedings before the Supreme Court of the Republic or in control, where the binding
a military court decided, shall be decided by the Supreme Court of the Czech and Slovak
(6) the period referred to in paragraphs 1 and 3 shall be calculated from the time when the
arrest (section 69) or retention (article 75 and 76) of the accused, or
No if the arrest or detention, since it was based on the
the decision on custody to limit personal freedom of the accused. In the case in which
the accused was taken into custody in the pre-trial process, already counts the time limit
referred to in paragraph 3 as from the date on which the Court delivered the indictment. When you return the
things the Prosecutor to the investigation time limit referred to in paragraph 1 of the date on
When a file is delivered to the Prosecutor.
(7) to the time-limits referred to in paragraphs 1 and 3 shall be the period during which the
the accused could not participate in acts of criminal proceedings due to the fact that the
It was carried out or the detention binding abroad or that you intentionally
caused the injury or intentionally caused another obstacle arising in
such participation. The decision as to make the Court and, in preliminary proceedings
on a proposal from the Prosecutor, the judge. The complaint is admissible against the decision.
(8) the provisions of paragraphs 1 and 3 shall be mutatis mutandis to the detention, which
the decision was made pursuant to section 275 paragraph 2. 3 or § 287; the length of its duration, the
However, assessed separately and independently on the binding in the main proceedings and the
including the extension may not exceed one year. ".
29. paragraph 72:
(1) all law enforcement authorities are obliged to examine in
each period of criminal prosecution, whether the reasons for custody persist. Judge
so is vpřípravném control only when the design decisions by the Prosecutor
on the extension of the binding (§ 71 (1)) and in the decision on the application
the accused for release from custody pursuant to paragraph 2. Will vanish if the reason
binding, the accused must be immediately released. In the preparatory
about management may decide whether or not a Prosecutor.
(2) the accused has the right to apply for release.
If it fails in the preliminary proceedings, the Prosecutor such application, submit it to
the Court without delay. Such application shall be decided without delay.
If the application is rejected, the accused may, unless in her other
reasons, repeating until after the expiry of 14 days from the decision.
(3) if the Prosecutor Agrees with the release of the accused on freedom,
proceedings before the Court for release from custody may decide the President of the Senate. ".
30. In § 73 para. 1 (b). a) and b), the word "Prosecutor" shall be replaced by
31. section 73a including title:
"to section 73a
(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the Court may, and
in the preliminary proceedings, the judge leave the accused free or
released also when the accused was composed by cash
warranty and it receives the Court or a judge (paragraph 2). However, if the accused
prosecuted for the crime of terror (section 93 and 93a), a general threat situation under section
paragraph 179. 2, 3, illicit manufacturing and possession of narcotic drugs and psychotropic
substances and poisons under § 187 para. 3, murder (section 219), bodily injury (section
222), robbery pursuant to § 234 para. 3, rape under section 241 para. 2, 3 and
sexual abuse under § 242 paragraph. 3, 4 tr. and, if given the reason for the
the binding specified in § 67 (a). (c)), you cannot accept financial security. With
consent of the accused may lodge a financial security and the other person must
However, before its adoption, be familiar with the essence of the allegations and the
facts, which is the reason for the theatre of the binding.
(2) with regard to each other and the wealth of the accused or of
who is behind him, the composition of the bail offer, the nature of the committed offence and the
the amount of damages determined by the Court or a judge of financial guarantees in the
corresponding to the value of 10 000 to 1 000 000 Czech crowns and the way it
(3) the Court and, in preliminary proceedings, the judge shall decide, on a proposal from the Prosecutor that
financial security accounts for the State if the accused
and) flees, hiding or fails to notify a change of their stay and so
service of the summons or other court documents, Attorney,
the investigators or search authority
(b)) does not appear on the culpably summons to act in criminal proceedings, which
the implementation is excluded without his presence,
c) continues in criminal activity or attempts to accomplish offence
previously nedokonal or prepared or threatened to, or
(d)) avoids the performance of the sentence of imprisonment or monetary
the performance of the replacement of a penalty or imprisonment for a financial penalty.
On the reasons for which the financial security may accrue to the State must be
the accused and the person who has passed the financial security, alerted in advance.
(4) financial security be cancelled on the proposal of the accused or the person it
passed even without proposal, or the Court or the judge who for adoption
decide if the reasons which led to its adoption. If it was
the accused finally convicted to imprisonment or
relative sentence, the Court may decide that the financial security it takes to
the date on which the person's face off the imprisonment or pay
a financial penalty. The accused has been convicted of relative
the sentence may also request that the guarantees, which he composed, was used to
payment of a financial penalty.
(5) the decisions on the financial guarantee provided for in paragraphs 1, 3 and 4
admissible complaint. Suspensory effect only has a complaint against the decision of the
about the accrual of cash guarantees State. ".
32. In section 74 para. 2 first sentence delete the word "Court".
33. In section 74 para. 1 the term "Prosecutor" shall be replaced by ' on a proposal from
Prosecutor judge ".
34. section 75 of the title, including:
The detention of the accused by an investigator or search authority
If there's one of the reasons the binding (section 67) and for the urgency of the matter
Unable to obtain in advance a decision on custody, the investigator, or
Search Authority accused so far alone. However, it is required to
the Prosecutor shall immediately report the apprehension and hand him a copy of the
the Protocol, which he wrote during detention, and other material that
the Prosecutor needs to provide, where appropriate, could file a petition for custody.
The petition must be filed, so that the accused could be within 24 hours
from the Court, the detention must be released. ".
35. In § 76 para. 2 the words "the authority of the Corps of national security"
replaced by the words "police authority".
In paragraph 3, after the words "the authority which carried out the detention," the
the words "apprehension, without delay, report the Prosecutor and".
Paragraphs 4 and 5 are added:
"(4) the authority which carried out the detention or to which the person arrested
committed, familiar with the reasons for detention without delay and will hear her; in
If either suspect spread or the reasons for detention from another
causes of dropping out, pass it without delay. It releases the
the apprehended person to freedom, the Prosecutor shall transmit to the Protocol on its
questioning and other evidence to the Prosecutor could, where appropriate,
lodge a petition for custody. The petition must be filed without delay, so
that the apprehended person could be committed to a court within 24 hours from the
her detention or receipt, otherwise they must be released.
(5) the provisions of § 33 para. 1, § 91, 93 and 95 shall ensure (i)
If the person arrested is questioned in a time when even against her
not allegations (para. 163), or it was not communicated to the accused (para.
Connects a new paragraph 6 is added:
"(6) the person arrested has the right to choose defence counsel and consult with him
during the detention; It also has the right to request that the defence counsel was present when
the questioning in accordance with paragraph 4, unless the lawyer within the time limit referred to therein
36. section 77 including title sounds.
The decision on the detained person
(1) If a prosecutor Ordered the release of the detainees on the basis of
the materials he received, where appropriate, after hearing it again is obliged to
deliver it within 24 hours of detention to the Court with a proposal on taking into
binding. The draft has not yet obtained evidence connects, that is
(2) the judge is obliged to hear the detained person (paragraph 1), 24
hours of service of the Prosecutor released or
decide that taking her into custody. About the time and place of the hearing
shall inform without delay the appropriate way the selected or appointed
defense attorney if it is reachable, and the participation of the apprehended person asked,
and the Prosecutor. The defense attorney and the Prosecutor may present and to put questions
detained person questions, but only when the judge grants
37. In § 79 paragraph 2. 2 the words "the authority of the Corps of national security" are replaced by
the words "police authority".
38. In article 81 paragraph 1. 2, 3, 4, the words "National Committee" shall be replaced by
"the authority competent under the specific legislation".
39. the heading of the section of the fourth head of the fourth: "household and personal
the tour, a tour of other premises, and entry into the dwelling ".
40. the heading of section 82 is added:
"The reasons for household and personal tours and tours of other space".
Paragraph 1 reads as follows:
"(1) the search warrant may be executed, if there is reason to suspect that in the apartment
or other premises used for housing or on the premises to them
belonging (dwelling) is a matter of importance for criminal proceedings or that there
hides the person suspected of the offence. ".
After paragraph 1, insert a new paragraph 2 is added:
"(2) for the reasons referred to in paragraph 1 may be executed and a tour of the area
nesloužících, if they are not publicly available (other
space). ". In paragraph 3, the words "is to be delivered" shall be replaced by
the words "was arrested".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
41. section 83 including the title reads as follows:
Command search warrant
(1) order the search warrant is entitled to the President of the Senate, and in
on a proposal from the Prosecutor's pre-trial judge. In urgent cases
so can instead of a competent President of the Chamber or a judge (section 18)
President of the Chamber or a judge, in whose district the tour is to be carried out.
Command search warrant must be issued in writing and shall be justified.
The person shall, in respect of which the tour takes place during the tour, and if it is not
no later than 24 hours after the disappearance of obstacles that prevent
(2) The President of the command of the Chamber or a judge executes search warrant
police authority, in preliminary proceedings, also an investigator or search
42. in paragraph 83, the following new section 83a, 83b, 83 c and that including headings
shall be added:
Search warrant other space
(1) order the inspection of other premises is entitled to the President of the Senate, in the
přípravním control of the Prosecutor, investigator or search authority.
Investigator or search authority it needs prior consent
Prosecutor. Search warrant other premises must be issued in writing and
must be justified. The owner or user shall apply if the premises in which a
the inspection takes place, or their servants in the examination, and if this is not
possible, within 24 hours after the disappearance of obstacles that prevent delivery.
(2) fails to make a tour of the other authority, that it has ordered,
executes it on his police statement.
(3) No order or consent referred to in paragraph 1, the investigator
or search authority or police authority to execute the inspection of other
space only if the order or consent in advance to achieve
You cannot and does not tolerate delay, or if it is a person přistiženou when
the crime or the person to whom it was issued a warrant for the arrest.
The order for the personal search
(1) order a personal tour is entitled to President of the Senate, in the preparatory
control of the Prosecutor, investigator or search authority. Investigator
or search authority it needs the prior consent of the Prosecutor.
(2) fails to make a personal inspection of the body that ordered it, it executes the
his statement to the police.
(3) personal tour always of the same sex shall be exercised by the person.
(4) No order or consent referred to in paragraph 1, the investigator
or search authority or police authority to exercise personal tour
only if the order or consent in advance cannot be achieved and the thing
does not tolerate delay, or if it is a person přistiženou in the Act or the
person to whom it was issued a warrant for the arrest. Without order or consent of the
You can also perform a search in the cases referred to in § 82 para. 4.
§ 83 c
Entry into dwelling
To remove the urgent danger may an investigator or search
authority or the police to enter a dwelling only if the thing
urgent and entry to the dwelling is necessary for the protection of life or
the health of the people, for the protection of their rights and freedoms or to avoid
a serious threat to public safety and order, especially when it comes
on the dwelling of the person committing an offence or the person to whom it was issued
the order to arrest. After the entry into the dwelling shall not be made to any other
such acts, which are used to remove the urgent danger. ".
43. section 84 of the title, including:
The previous interrogation
To execute a search warrant or a personal tour or a tour of the other
space or enter into a dwelling (§ 83 c) can be used only after the previous interrogation
for whom or who has such an act to be done, and it only
If the witness has not yet reached even the voluntary release of the search stuff
or delete for a different reason, that led to the Act. The previous interrogation
It is not necessary, if the thing does not tolerate delay, and interrogation cannot be performed
44. section 85 of the title, including:
"Performance tours and entry to a dwelling
(1) the Authority executing the search warrant or explore other spaces
is obliged to allow the person for whom such an act takes place, or any
an adult member of her household, or in the case of inspection of other premises
its employees also participate in the tour. On the right of participation in
the search warrant is obliged to instruct these persons.
(2) for the performance of the domestic and personal tours it is necessary to put the person who
is not involved in the case. Authority responsible for the inspection proves its
(3) the inspection should also be noted that compliance with the
the provisions of the previous questioning, where appropriate, indicate the reasons why the
has not been complied with. If, on inspection, to the issue or withdrawal of the case, it is
should be examined also in the protocol information provided in § 79 paragraph 2. 5.
(4) the person with whom the inspection carried out, the authority that such
the act done, immediately, and if this is not possible, within 24 hours after
written confirmation of the result of the Act, as well as about taking things that were
in doing so, issued or withdrawn, or a copy of the log.
(5) upon entry into a dwelling shall the provisions of paragraphs 1 to 4 apply mutatis mutandis.
The participation of the persons referred to in paragraph 1 at the entrance to the dwelling, however, can be denied
and the person referred to in paragraph 2, if not put on weight, it may cause
a threat to their life or health. ".
45. in paragraph 85, the following new section 85a is inserted:
(1) the person in which the dwelling is to be performed, a tour of the other
space, personal tour or entry into a dwelling, it is bound to the following
(2) does not allow to the person against whom the Act aims referred to in paragraph 1,
such an Act, are authorized to act for the authorities
previous fruitless challenge to overcome the resistance of such a person, or created
the obstacle. About will make the entry in the log (section 85 (3)). ".
46. In § 86 para. 3, the words ' the institution of the Corps of national security "
replaced by the words "police authority".
47. In section 88 para. 1 the last sentence reads: "the interception of telephone calls
between counsel and the accused is inadmissible. ".
Paragraph 2 reads:
"(2) an order to wiretap phone calls must be issued in writing and
justified. At the same time it must be determined the period during which the
the interception of telephone calls is carried out. On the issue of the order and the length of time
the implementation of the interception must be informed of the organization which
the operation of the telecommunications network, in which the circuit will be the interception is carried out.
Police authority performs the interception. ".
48. In paragraph 90, para. 3, the words "the authority of the Corps of national security" are replaced by
the words "police authority".
49. In § 105 para. 3 at the end are deleted the words "which shall have suspensive
the effect ".
50. in paragraph 107 para. 2, after the word "delivers the word" also ".
51. In § 111 paragraph. 2, the first sentence of the following sentence: "If the one
who experts gained, or President of the Chamber with the amount of vyúčtovaného
the expert will decide resolution. ".
52. section 116 paragraph. 2 is added:
"(2) If a mental state be examined differently, the Court and, in preliminary
control on a proposal from the Prosecutor, the judge may order that the accused was observed
in a medical institution, or, if in custody, whether or not in the specific Department
correctional facility. Against this resolution is admissible a complaint that
has a suspensory effect. ".
53. In paragraph 117 of the second sentence, the words "Prosecutor or investigator
the consent of the Prosecutor "shall be replaced by ' on a proposal from the Prosecutor, the judge".
54. In paragraph 127 paragraph. 1, after the words "judges", the words "and
lay judges ".
The following paragraph 4 is added:
"(4) the Member of the vote before the judges. Lay judges and the judges of the younger vote
before the elders, and the military courts and the military College of the Supreme
Court of the Czech and Slovak Federal Republic lay judges or judges
lower ranks or ranks before the judges proceeded higher. The President of the
the Senate vote last time. ".
55. In § 141 para. 3 first sentence are deleted the words "people or".
56. § 146 paragraph. 2 (a). (b)):
"(b) the superior prosecutor or Prosecutor) of the Court".
57. In § 146a are deleted in the title the words "people or". Additionally,
emit the provisions in points), b) and (c)), the provisions in points
(d)), and (e)) are called letters and) and (b)). Furthermore, the words "or are deleted
58. In paragraph 151 paragraph 1. 1 at the end of the sentence: "the State connects, however, shall bear the costs
a defence that the accused as a result of the submission
complaint for violation of the law. ".
59. In § 153 para. 1 at the end of the sentence: "Further connects is obliged to
replace the State reward and cash outlays advocates, if it was in the context of
with such a proposal is appointed, unless the accused has the right to defence
free or for a reduced fee on defence. ".
60. In § 159 paragraph. 1 (b). a), the words "the National Committee or another"
shall be replaced by "appropriate".
The following paragraph 3 is added:
"(3) the Prosecutor, investigator or search authority may, before the
the initiation of criminal prosecution by a resolution to defer the case, when the criminal
the prosecution case in the circumstances referred to in section 172 para. 2. ".
The following paragraph 4 is added:
"(4) the resolution on the postponement of the matter must be delivered whenever the notifier,
who can file a complaint against him. Resolution on the postponement of the case by
paragraphs 2 and 3 shall be delivered within 48 hours of the Prosecutor. Damaged
the postponement of the matter. ".
61. § 161 para. 4 is added:
"(4) investigation of the Prosecutor's Office investigators and investigators are held
police forces; the jurisdiction of the investigators shall be made by
the Prosecutor of the Czech and Slovak Federal Republic and the General
prosecutors in the Czech Republic and the Slovak Republic, together with the Minister of
the Interior of the Czech and Slovak Federal Republic, the Czech Minister of the Interior
the Republic and the Minister of the Interior of the Slovak Republic. In so doing, may determine the
the jurisdiction of the investigators and for acts which are otherwise held
62. In Section 163a para. 1, after the words "pursuant to section 226" the words
"limiting personal freedom under section 231 para. 1, extortion under section 235
paragraph. 1 violations of House of freedom under section 238 paragraph 1. 1 ", the words
"relatives in tribe live, its sibling, adoptive parent,
the adopted child, spouse or a kind of "shall be replaced by the words" by the person against whom the
should damaged the right to refuse to testify as a witness (article 100, paragraph 2) ". In
at the end of paragraph 3 the phrase connects is added. "Explicitly denied
However, you cannot consent to grant again. ".
63. In paragraph 165, paragraphs 2 and 3 are deleted. Paragraph 4 shall
become paragraph 2. The second sentence of this paragraph shall be deleted.
64. In article 168 paragraph. 1 the words "one year" shall be replaced by "two years".
Paragraph 2 (a). a) is added:
"and, in charge of police authorities)".
65. In paragraph 169 (a). (c)), the quote "§ 165 paragraph. 1 and 4 "replaces citations" section
165 paragraph. 1 and 2 ".
66. In article 171, paragraph 2 is deleted. The former paragraph 3 shall become
as paragraph 2 and the words "and 2".
67. In section 172 para. 2 (a). (b)) are deleted, the words "National Committee
The following paragraph 3 is added:
"(3) a resolution on the cessation of criminal prosecution must be delivered
the accused person. The resolution of the investigators must be delivered to the Prosecutor, and
to 48 hours. Against the resolution referred to in paragraphs 1 and 2 of the complaint is admissible,
which shall have suspensive effect. The sufferer is about stopping criminal prosecution
68. In paragraph 175 is deleted the provisions under point (b)). So far
the provisions in subparagraphs (c) to (g))) refers to the letters b) to (f)). In
paragraph 2, the words "authorities of the Corps of national security ' is replaced by
"law enforcement agencies".
69. the seventh and the description Section are deleted.
70. In paragraph 186 (a). (b)), and (c)), the words "or paragraph. 2 "discharge.
71. § 187 para. 1 reads as follows:
"(1) a preliminary hearing shall be held in closed session.".
72. In paragraph 188 paragraph. 1 deletes the provisions in (b)). The provisions of the
in points (c) to (g))) are known as b) to (f)). In paragraph 3, the quote
"(b). a) to (f)) "by quoting" (a). a) to (e)) ".
73. In article 190 paragraph 1. 1, the quote "(a). (f)) "in brackets is replaced by the table of authorities
"(b). (e)) ".
74. In paragraph 197 paragraph. 1, after the words "the judges" the words "or
assessor ". In paragraph 2, the words "judge" the words "or
75. section 211 para. 3 read as follows:
"(3) the Protocol on the questioning of a witness who has the right to refuse to testify under §
100, it can be read only when compliance with the conditions laid down in paragraph 1
or 2 and just assuming before the hearing, to which the Protocol applies,
He was properly advised of his right to and expressly declared that it does not use.
If such a witness refuses to testify at the trial, could not be read
Protocol on its previous statements. ".
76. In section 224 is joining a new paragraph 5 is added:
"(5) a court suspends criminal prosecution if it is considered that the other generally binding
legislation, the use of which is applicable in a criminal case for
deciding on guilt and punishment, is in conflict with the law, and shall submit a proposal to the
initiation of proceedings before the Constitutional Court. The finding of the Constitutional Court is for him
and for other general courts binding. ".
77. § 266a reads as follows:
If a complaint for violation of the Act is directed against a decision
District or regional court, Prosecutor, investigator or
the search of the authority shall be decided by the Supreme Court of the Republic of it, if
is directed against the decision of the Supreme Court of the Republic, the investigators
the search of the authority or the Prosecutor, if the discharge proceedings against the person
under the jurisdiction of the military courts, the military court or the Senate
the military College of the Supreme Court of Czech and Slovak Federal
The Republic, decisions of the Supreme Court about her Czech and Slovak Federal
78. In paragraph 276 first sentence, the words "the authority of the Corps of national security"
replaced by the words "police authority".
79. In section 282 paragraph 1. 1 first sentence, the words "the authority of the Corps national
safety "shall be replaced by" police authority ".
80. § 291 including title:
Youthful must have defence counsel from the laying of charges ".
81. In § 314a para. 1 the words "one year" shall be replaced by "two years".
82. In paragraph 314c paragraph. 1 (b). and the words "(a)). a) to (e)) shall be replaced by
"(b). a) to (d)) ".
83. In paragraph 314d paragraph. 2 at the end of the word "justification" is inserted semicolon
and the words "If, however, an unconditional prison sentence shall always
the judgment on the grounds ".
84. § 335 including title is deleted.
85. In paragraph 345, the words "National Committee" shall be replaced by the words "the authority which
under the specific legislation carried out the punishment of confiscation of property ".
86. in § 346 paragraph 1. 1 first sentence, the words "National Committee" shall be replaced by
the words "the competent authority". In paragraph 3, the words "National Committee"
replaced by the words "authority which, under the specific legislation performs punishment
the confiscation of property ".
87. In paragraph 348 of paragraph 1. 2 the words "the National Committee that performs the
the decision to ensure "are replaced by the words" the competent authority that
under the specific legislation makes the decision about providing ".
88. section 350a para. 1 reads as follows:
"(1) imposing a prohibition of residence shall inform the President of the Senate of the municipal office and
police authority on the circuit, the prohibition applies, as well as the municipal
the authority and the police authority in their place of permanent residence of the convicted person has. "
In paragraph 3, the words "public safety" shall be replaced by
89. In the title of § 353 shall be added the words "and their".
90. in paragraph 353, the words "the protection of healing" the words "or of the
its termination ".
91. section 360 paragraph. 1 and 2 shall be added:
' (1) is carried out in institutions of the Ministry of Justice. The binding of
which the pre-trial judge of the military court, decided may
serve for a minimum necessary for service. For reasons of special
lodging may President of the Chamber and the pre-trial judge
allow binding was carried out under supervision in a treatment
of the Institute.
(2) the accused is subjected to in custody only those restrictions that are necessary
link to fulfilled its purpose. In doing so, to the extent possible to limit
and the exercise of the right of Assembly and associations, as well as the performance of other
of fundamental rights, it would be contrary to the purpose of the binding or the basic
requirements to maintain good order and discipline in the places where the binding
It performs. ".
92. In paragraph 377 of paragraph 1. 1 the words "authorities of the Corps of national security"
replaced by the words "police authorities"; the comma after the word "order"
is replaced by a dot and the words "and in preliminary proceedings, the Prosecutor in whose
design of the arrest warrant "are deleted.
Paragraph 2 reads:
"(2) unless the issue of the enforcement of a sentence, the President of the Senate is required to
the accused within 24 hours of submission to hear and decide on custody. ".
93. In paragraph 378 paragraph. 4, the words "authorities of the Corps of national security"
replaced by the words "law enforcement authorities".
94. § 381 para. 1 reads as follows:
"(1) if it is necessary to prevent the escape of a person whose release goes, it may
President of the Chamber of the regional court on the proposal of the Prosecutor conducting the
a preliminary investigation to take into custody. ".
In paragraph 2, the word "Prosecutor" shall be replaced by the words "the President of the Senate".
95. the following section is inserted after section 383b 383c, including the title reads as follows:
The transit for the purposes of proceedings in a foreign country
If it is to be carried out at the request of a foreign State, the transit of persons for the purposes of
criminal proceedings in a foreign country, shall decide on the admissibility of the transit on the basis
the application of a foreign State, the Supreme Court of the Czech and Slovak Federal
Of the Republic. Decisions on the admissibility of the transit and security
the measures shall, mutatis mutandis, the provisions of section second. ".
96. the heading of the fifth section reads as follows:
"The execution of judgments of foreign courts".
97. section 384a reads as follows:
If it is to be announced by an international treaty binding on the Czech and
Slovak Federal Republic is bound, executed the judgement of a foreign
the Court in a criminal case, it shall submit the matter to the Ministry of Justice
The Supreme Court of the Czech and Slovak Federal Republic with a proposal to
decided on the recognition of a decision of a foreign court in the territory of the Czech and
Slovak Federal Republic. The Supreme Court of the Czech and Slovak
Federal Republic on the proposal after hearing the General decides to
the Prosecutor of the Czech and Slovak Federal Republic by judgment. ".
98. the following section shall be inserted after section 384a 384b to 384d shall be inserted:
If the judgment of a foreign court pursuant to section 384a recognized, can
the Ministry of Justice with the consent of the convicted person to takeover
enforcement of the sentence or ask the State Court judgment to
of the convicted person.
The convicted person, the foreign State, the authorities gave the Corps the remedial
education. Within 24 hours from delivery of the judge of the Court indicated in §
384d about his detention, and the reasons for detention under section 67 is not
About the execution of a judgment of a foreign court (section 384a) the Court shall decide the appropriate
under section 14 to 18 in a public meeting of the judgment. A convicted person must have in
This procedure always advocate. ".
99. In paragraph § 391a 2 the words "are hereby authorized to issue" are the words
"generally binding legal regulation".
(1) initiated criminal proceedings in the cases for which it was
the existing regulations established substantive jurisdiction, the investigating officer
investigator finishes according to these regulations.
(2) in cases where an indictment has been submitted to the military court to the competent
According to the existing provisions of section 17(2). 2 and § 19, completes the management
According to the existing legislation.
Act No. 102/1971 Coll., on the protection of State secrets, as amended by Act No.
383/1990 Coll., shall be amended and supplemented as follows:
1. in paragraph 5, the following paragraph 5a is inserted:
If it is necessary to make the garage a secret she met the person who
to come into contact with it has not been determined, but the necessity of this understanding results
from its position of members of the legislature or mayor of the town
or the mayor or his or her position of defence counsel in criminal proceedings,
instruct her in advance about the obligation to do everything so that this secret was not
misused, and confidentiality obligations the authority or person who
such person of facts containing State secret. ".
2. § 9 para. 3 after the words "the Federal Ministry of the Interior" shall be inserted after
the words "or the federal security information services.".
The Bureau of the Federal Assembly shall ratify, declared in the
The full text of the statute book of the criminal procedure code, as is apparent from subsequent amendments
This Act shall take the effectiveness of day 1. January 1992.