The Amendment Of The Code Of Criminal Procedure And The Law On The Protection Of State Secrets

Original Language Title: novela trestního řádu a zákona o ochraně státního tajemství

Read the untranslated law here: https://www.global-regulation.com/law/czech-republic/517305/novela-trestnho-du-a-zkona-o-ochran-sttnho-tajemstv.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
558/1991 Coll.



LAW



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:



Article. (I)



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

the Senate.



(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:



"§ 8a



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

"the Minister".



Paragraphs 2 to 12 are renumbered 3 to 13.



1) Act No. 335/1991 Coll., on the Federal Police Corps and the Corps Castle

the police.



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

paragraphs.



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:



"section 26



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

assessor ".



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

delay.



(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:



"§ 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

crime. ".



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

authority. ".



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.



"§ 68



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:



"§ 69



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

freedom.



(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

freedom.



(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:



"Detention



§ 71



(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

freedom.



(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

decision.



(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

Federal Republic.



(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:



"§ 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

"the judge".



31. section 73a including title:



"to section 73a



Financial security



(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

composition.



(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:



"§ 75



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.

169). ".



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

unreachable. ".



36. section 77 including title sounds.



"§ 77



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

warrants.



(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

Word. ".



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:



"§ 83



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

delivery.



(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

authority. ".



42. in paragraph 83, the following new section 83a, 83b, 83 c and that including headings

shall be added:



"§ 83a



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.



section 83b



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:



"§ 84



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

immediately. ".



44. section 85 of the title, including:



"Performance tours and entry to a dwelling



§ 85



(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

permissions.



(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:



"§ 85a



(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

to tolerate.



(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

investigator ".



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

Search. ".



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

or ".



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

notify. ".



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

assessor ".



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:



"§ 266a



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

Republic. ".



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:



"§ 291



Juvenile defense



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

"police authority".



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:



"§ 383c



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:



"section 384a



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:



"§ 384b



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.



§ 384c



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

bound.



§ 384d



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".



Article II



Transitional provisions



(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.



Article. (III)



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:



"§ 5a



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.".



Article IV



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

and add-ins.



Article. In



This Act shall take the effectiveness of day 1. January 1992.



Havel v.r.



DUBČEK v.r.



Čalfa v.r.

Related Laws