178/1990 Coll.
LAW
on 2 December. May 1990,
amending and supplementing the code of criminal procedure
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. and no 159/1989 Coll., is amended
and supplemented as follows:
1. In article 1 (1). 1 the second sentence shall be deleted, the word "Socialist" and the word
"Socialist" shall be replaced by the word "civil".
To in paragraph 2 shall be deleted, the words "and social organizations".
2. In article 2 (2). 7, the words "social organizations" shall be replaced by
"interest associations of citizens".
In paragraph 10, the word "workers" shall be replaced by the word "citizens".
3. the title of section 3 is added:
"Cooperation with interest associations of citizens".
4. In article 3, paragraph 3. 1 the words "social organizations" shall be replaced by
"interest associations of citizens".
In paragraph 2, first sentence, the words "social organizations" are replaced by
the words "interest groups of citizens" and the word "Socialist" is deleted. In
the third sentence, the words "social organizations" shall be replaced by
"interest associations of citizens", the word "workers" shall be replaced by the word
"citizens", the words "these organizations" are replaced by the words "this Association" and
deleted the words "detention remedy" and
"working man".
5. In section 4, paragraph 4. 1 the first sentence, the words "the basic organization of a revolutionary
Union movement and youth organizations "shall be replaced by" Interest
Citizens Association, which for the purposes of this Act, means, in particular,
trade unions and other social organizations, working groups and churches, with
the exception of political parties and political movements ", and the word" working "
is deleted. The second sentence is deleted. In the third sentence, the words "work
a collective "are replaced by" a collective interest associations of citizens ". In
the last sentence, the words "punishable by correctional measures or"
replaced by the words "or save".
In paragraph 2, the words "the organization that took over" shall be replaced by
"An interest group that has taken over the" and the word "her" is replaced by
"him".
6. In paragraph 5, the words "the organizations referred to" be replaced by "Interest
the Association referred to ", the words" before the District Court as their representative
the plaintiff's attorney or social society "are replaced by the words
"before the district and regional court as the Court of appeal of his representative"
and the word "workers" shall be replaced by the words "their team".
7. In paragraph 6 (1). 1 the first sentence, the words "the organizations referred to" be replaced by
the words "interest groups referred to".
In paragraph 2, the words "the said organisations" are replaced by "provided for
interest groups "and the reference in brackets" (§ 73 para. 1) "is replaced by
the reference "(section 73)".
8. section 8 (2). 1 reads as follows:
"(1) State authorities and all organisations are required to assist the authorities of the
law enforcement officials in carrying out their tasks, in particular with the largest
by accelerating the suit addressed letters rogatory. State authorities are obliged to
immediately notify the Prosecutor or the authorities of the national Choir
Safety fact suggesting that a crime has been committed
Act. ".
9. in § 9 para. 1 are deleted the words "or decision of the social
the Organization, which this organisation has released in the performance of the tasks of the State
the authority ".
10. In section 10, paragraph 1. 1 the words "diplomatic immunities and privileges" are replaced by
the words "privileges and immunities under the law or international law".
11. In article 11 (1) 1 deleted the provisions of subparagraph (g)), the existing
the provisions in subparagraph (h)) is the letter g) and connect the new
the provisions of h) and ch), which read as follows:
"h) is where the criminal prosecution subject to the agreement of the injured party and the consent of the
was not given or was withdrawn (Section 163a), or
ch) if so provided by the renowned international treaty binding on the Czech and
Slovak Federal Republic. ".
12. in § 12 para. 1 the comma after the word "authority" is replaced by a dot and the word
"as well as doing investigation authority" are deleted.
In paragraph 5, the words "the applicant, where appropriate, social advocate"
shall be replaced by "representative".
Paragraphs 10 and 11 are deleted.
The former paragraph 12 shall become paragraph 10 and the words "the highest
Court of the Czech Socialist Republic or the Supreme Court of the Slovak
the Socialist Republic "shall be replaced by the words" Supreme Court of the United
the Republic or the Supreme Court of the Slovak Republic ".
The former paragraph 13 shall become paragraph 11, the words "and the General
the Prosecutor of the Czech Socialist Republic or the Attorney General of
Slovak Socialist Republic "shall be replaced by the words" the General
the United States Attorney or the Attorney General of the Slovak
of the Republic ".
The former paragraph 2 shall become paragraph 12.
13. in paragraph 13, the words "the Supreme Court of the Czech Socialist Republic,
The Supreme Court of the Slovak Socialist Republic ' is replaced by
"The Supreme Court of the United States, the Supreme Court of the Slovak Republic".
14. in § 14 para. 3 the provisions of subparagraph (b)):
"(b)) for the offences of espionage (section 105 tr.) and the threat to the State
the secret (section 106, 107 tr.), if it was threatened by them especially important
interest in the defense of the homeland. "
15. in section 17(2). 1 first sentence of the words "death penalty" shall be replaced by
"an exceptional punishment" and in the second sentence, the words "subversion" and
"the damage to the State of the World Socialist system".
16. in section 20 (2). 2 the words "are deleted and the offense" and the word "which"
replaced by the word "issue".
17. in section 30 paragraph 2. 2, the word "applicant" shall be replaced by "representative" and
the words "social defender" are deleted.
18. section 33 para. 1 reads as follows:
"(1) the accused has the right to express his views on all the facts which he
blame, and to evidence about them, but it is not obliged to testify. Can
indicate the circumstances and evidence for his defence, make suggestions and
to submit appeals. Has the right to choose defence counsel and advise with him
even during the operations carried out law enforcement authority. With the advocate
However, in the course of their interrogation cannot advise about how to respond to the
already the answer to the question. May request that was questioned in the presence of his
defence counsel and to advocate for other actions and preliminary proceedings (§
165, 169). If it is in custody or serving a prison sentence, can with
an advocate to speak without the presence of a third party. Those rights belong
even if the accused is deprived of legal capacity or competence
If his competence to perform legal acts is limited. ".
After paragraph 1, insert a new paragraph 2 is added:
"(2) an accused person who does not have sufficient resources to pay the costs
the defence is entitled to a free defence. ".
The former paragraph 2 becomes paragraph 3.
19. in paragraph 34, the existing text of paragraph becomes paragraph 1 and the
connects to a new paragraph 2 is added:
"(2) in cases in which the legal representative of the accused cannot exercise
their rights referred to in paragraph 1 and the risk of default, the President of the
the Senate, and in preliminary proceedings, the Prosecutor may, for the performance of these rights
the accused person to appoint a tutor. The decision on the provisions of the
the custodian is admissible a complaint. ".
20. In article 35, paragraph 1 is deleted. The current paragraph 2 shall be renumbered
as paragraph 1, which reads as follows:
"(1) the defence counsel in criminal proceedings may only be a lawyer. If they are in
law enforcement discussion of the facts forming the subject of the State
the secret may be an advocate only a lawyer who can review the
State secrets. The selection of these lawyers carry out advocacy bodies
According to the factors referred to in the regulations governing the protection of the State
the secret and keep their books ".
The former paragraph 3 shall become paragraph 2.
21. in paragraph 36, the heading "Necessary defence" moves over the numbering of the
section.
In paragraph 4, the comma after the word "abroad" shall be replaced by "and", the comma after
the word "healing" is replaced by a dot and the words "if it is not a trade
treatment of alcohol treatment, and control in stanném "are deleted.
22. under section 36 shall be inserted a new section 36a, which reads as follows:
"§ 36a
(1) in the enforcement process, in which the Court decides in the public session,
You must have the person's Attorney,
and if deprived of) competence to perform legal acts, or if its
competence to perform legal acts is limited,
(b)) in the case of conditional release from imprisonment
a young person at the time of the holding of the public meeting under the
19th year
(c)) where it is in custody or serving a prison sentence, or
(d)) if there are doubts about his ability to defend.
(2) in proceedings on a complaint for violation of the law and in the proceedings on the application for
permit renewal must have a defence counsel, the person's
and in the case of) the cases referred to in § 36 odst. 1 (b). and) or (b)),
(b)) in the case of an offence for which the law stipulates a prison sentence,
the upper limit exceeds five years,
(c)) if the juvenile and at the time of a public meeting about the complaint for
violation of the Act or on an application for a permit renewal under the nineteenth
year, or
(d)) if there are doubts about his ability to defend. "
23. in § 38 paragraph 1(a). 1 the first sentence, the reference in brackets to "(section 36)" is replaced by
a reference to "(sections 36 and 36a).
24. section 39:
"§ 39
If necessary, appoint a Prosecutor and defense attorney in the proceedings before the Court
the President of the Court. ".
25. in section 40 by the end of this sentence connects:
"Waived Attorney and decides in proceedings before the Court the President of the
Court. ".
26. in paragraph 41, the following new paragraph 6 worded as follows:
"(6) the Advocate has the right at all stages of the criminal proceedings request
advance copy of transcript or log (section 55) for each act of criminal
control. Authorities active in criminal proceedings (section 12 (1)) shall be obliged to him
meet; refuse can only when it's not due to technical reasons
possible. The associated costs shall be obliged to pay to the State. ".
27. In article 43, paragraph 3 is deleted.
28. in section 44 para. 2 the first sentence be deleted.
29. in paragraph 45, the following new paragraph 2 is added:
"(2) in cases in which the legal representative of the injured party cannot exercise
their rights referred to in paragraph 1 and the risk of default, the President of the
the Senate, and in preliminary proceedings, the Prosecutor may, for the performance of these rights
the injured party appoint a tutor. The decision on the provisions of the
the custodian is admissible a complaint. ".
The former paragraph 2 becomes paragraph 3.
30. In § 47 para. 4 the last sentence reads: "in the preparatory proceedings may
the Prosecutor even without a draft claim of the injured party, if required
the protection of his interests, in particular where there is a risk of delay. ".
31. In article 50, paragraph 3 is deleted.
The current paragraph 4 shall become paragraph 3 and quote "section 35 para.
2 "shall be replaced by the quote" section 35 para. 1. "
32. In § 58 para. 4 second sentence of the words "are deleted or the Chairman
the Supreme Court ".
33. In § 60 para. 3, after the words "working day" shall be replaced
"or of leave".
34. In § 62 para. 5, the words "diplomatic privileges and immunities" are replaced by
the words "privileges and immunities under international law".
35. In article 65 paragraph 1. the first sentence is: "the defendant, victim and interested
the person, their advocates and agents, as well as the social representative has the
the right to inspect the files, with the exception of the Protocol on the vote, make
These observations and comments and make the cost of a copy of the files and
parts thereof. '.
36. section 66:
"§ 66
(1) Whoever through previous admonition cancelled the proceedings or who are before the Court,
prokurátoru, investigators or search authority behaves offensively
or who, without showing sufficient cause for disobeying or does not comply with
the invitation made to them under this Act, may be the Chairman of the
the Senate, and in preliminary proceedings, the Prosecutor, investigator or
Search body punished by a fine in the 1000 Kčs riot.
(2) if he is of the negotiations referred to in paragraph 1, the Member of the armed
forces or armed corps in active employment, you may leave the
to the appropriate Commander or Chief to kázeňskému punishment.
If he is such a person who is in custody or in the performance of
imprisonment, may be left to the Chief of the prison, or
nápravně educational Institute to hold disciplinary measures or to
kázeňskému punishment. The Commander or Chief is obliged to
the result, inform the authority in criminal proceedings.
(3) if he is of the negotiations referred to in paragraph 1 or in the management of defence counsel
before the Court, the Prosecutor, shall be forwarded to the competent authority karnej penalty.
This body is obliged to inform the authority about the result in criminal
control.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
has a suspensory effect. ".
37. In the introductory sentence of paragraph 67 before the word "fact" is inserted after
"specific"; in the provisions under (a)) the words "or are deleted
job ".
38. section 69 including the title reads as follows:
"§ 69
The order to arrest
(1) if it is sufficiently justified by the concern founding one of the reasons
binding under section 67 and the accused cannot be invited to show off or withhold
to ensure his presence at the hearing, the Prosecutor shall issue in the proceeding
before the Court of 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 command Corps of the national authorities
safety, that they must also, if it is to execute a command
need to track down the residence of the accused.
(4) the authority of the Corps of national security, that the accused on the basis of
the arrest is obliged to him without delay, but not later than within 24 hours,
deliver to the authority that issued the order; If this is not possible due to the significant
the distance of the place of arrest from the authority that issued the order, it must be
the accused delivered not later than 24 hours after the arrest of another substantive
the competent court and, in preliminary proceedings, prokurátoru. If not so,
the accused must be released.
(5) the authority to which the accused has been delivered, without delay, the accused must
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 factually competent authority, shall inform the authority of its outcome, which
the order to arrest issued. This authority after obtaining information about the hearing
decide on custody and shall notify its decision, through the
carrying out the interrogation the accused person. The decision on custody must be
the accused is notified within 24 hours from the time when the accused was delivered to the authority,
listened to it. If the accused person is not binding decision notified to the
24 hours from the time it was delivered to the authority performing the interrogation, must
the accused be released.
(6) in proceedings before the Court will decide on custody arrested the President of the Senate.
(7) if necessary, carry out the delivery of the accused to the place of binding
authorities of the Corps of national security. ".
39. In § 71 para. 1 the second sentence, the words "for a maximum of one month,
However, at the most for one year "is replaced by" for a maximum of six months. "
In the third sentence, the words "for a maximum of one month to extend the binding
only the Attorney General of the Czechoslovak Socialist Republic "
replaced by the words "binding only to extend the Attorney General". In a sentence
Fifth, the words ' two years ' shall be replaced by the words "one year".
In paragraph 2, the first sentence reads as follows:
"In the proceedings before the Court can take a binding period of one year.".
In paragraph 3 the following sentence at the end of connecting:
"In the case in which the accused was taken into custody in the pre-trial process already,
the time limit referred to in paragraph 2 is calculated from the date on which the Court delivered
the indictment ".
40. section 73, including a title:
"§ 73
Replace a link with a guarantee or promise of
(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the authority may
the implementer of the custody of the accused at large to keep or release him on
freedom, if
and) the Association referred to in section 4, paragraph 4. 1 or a trusted person capable
positively influence the behaviour of the accused, will offer warranties
other behaviour of the accused and that the accused, if requested, the
the Court, prokurátoru, investigators or search authority, and that always
advance notification of the place of stay, depart, and the Court or in the preparatory
proceedings the Prosecutor considers the guarantee given to the person of the accused and to
the nature of the circumstances of the case to be adequate and accepts it, or
(b) the accused can be written) promise to lead an orderly life, in particular that
commits no crime and to fulfil their obligations and shall comply with the restrictions
that saves him, and the Court or in the preliminary proceedings, the Prosecutor considers the
a promise given to the person of the accused and the nature of the circumstances of the case for
sufficient and adopt them.
(2) the Court and, in preliminary proceedings the Prosecutor acquainted who offers
guarantee referred to in paragraph 1 (b). and) and meets the conditions for its
acceptance, with the substance of the allegations and the facts, which is perceived as beginning
the reason for the link. ".
41. the following section is inserted after section 73 73a, which including the title reads as follows:
"to section 73a
Property guarantee
(1) if the reason given to the binding specified in § 67 (a). and the Court may), and in
the preliminary proceedings, the Prosecutor leave the accused free or
released also unless the accused or with his consent
the other person will offer a collateral in the form of money or free
convertible securities, and the Court or the Prosecutor in the pre-trial
It is considered relative to the person of the accused and the nature of the circumstances of the
the case for reasonable and accepts it. If collateral is other
person other than the accused, before its adoption must be familiar with the essence of the
the allegations and the facts, which is the reason for the theatre of the binding.
(2) taking into account the wealth of the accused or of the person who
collateral offers, the nature of the committed offence and the amount due
damages determined by the Court and, in preliminary proceedings the Prosecutor form and amount of
equity guarantees ranging from 10 000 to 1 000 000 Czech Crowns, the time by which
must be made, and its duration.
(3) passed the collateral to a person other than the accused may from her
to withdraw. The resignation is effective before the adoption of the new equity guarantees
or a decision about its cancellation.
(4) if the accused absconds or is hidden, or fails to notify a change in their
stay and so summons or other court documents,
the Prosecutor, investigator or search authority, found property
the guarantee of the State. This results in the accused and must be the person who
collateral has passed, in advance.
(5) collateral cancels on the proposal of the accused or the person it
has passed, or even without the Court and, in preliminary proceedings the Prosecutor, if the
the reasons which led to its adoption. If the accused was
been sentenced to imprisonment, the Court may
decide that the warranty lasts until the date on which the accused takes
a performance penalty.
(6) the decision on the property is a permissible warranty complaint. Suspensory
the effect has only a complaint against the decision on the accrual of equity guarantees
State. ".
42. the following section is inserted after section 74 74a, which including the title reads as follows:
"section 74a
Limitations of the accused in prison
(1) If a criminal prosecution against the accused in prison
deprivation of liberty and, if any of the reasons binding pursuant to section 67, decides
on the reasons, content and duration of the necessary restrictions against him
be applied, the Court and, in preliminary proceedings the Prosecutor.
(2) restrictions imposed must not be more severe than those which would otherwise be
the accused is subjected to in custody.
(3) on the control about the limitations and their duration are used appropriately
the provisions of § 71, 72 and 74. ".
43. in the second sentence of paragraph 75, the number "48" is replaced by "24".
44. In § 76 para. 2 the second sentence, the words "the Prosecutor or
investigators or authority of the Corps of national security ' is replaced by
"the Prosecutor, investigator, search authority or authority of the Corps
national security. "
In the second sentence of paragraph 4, the number "48" is replaced by "24".
In paragraph 5, at the end of this sentence: "connects the apprehended person has the right to
to choose a defence counsel and to consult with him during the detention; It also has
the right to defence counsel was present at the hearing referred to in paragraph 4 and
in the hearing conducted by the Prosecutor before the decision on custody (section 77),
unless the lawyer within the time limits laid down therein. ".
45. In paragraph 77, the number "48" is replaced by "24".
46. In § 83 para. 1 the last sentence, the number "48" is replaced by
"24".
In paragraph 3, first sentence, the words ' delivery order into custody "shall be replaced by
the words "warrant".
47. In § 85 para. 4, the number "48" is replaced by "24".
48. in the title of the fourth section of the fifth section is inserted the sixth, which
including the title reads as follows:
"THE SIXTH SECTION
The interception of telephone calls
§ 88
(1) following the initiation of criminal prosecution for particularly serious intentional crime
Act or for another an intentional criminal act, to which the prosecution agrees to
renowned international agreement, the President of the Senate and in the preparatory
proceedings the Prosecutor may order the interception of telephone calls, if you can
reasonable to assume that they will be communicated to the relevant facts for
the criminal proceedings. However, you cannot perform the interception of telephone calls between the
defence counsel and the accused.
(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. Tapping the Corps authority shall ensure
national security.
(3) if the criminal prosecution for different offense than is listed in the
paragraph 1, the authority in criminal proceedings, to order the interception of
phone calls only with the consent of the participant phone phone tapped or something
station.
(4) the record is to be used as evidence of the phone call, you need to
connect to a protocol containing all information about the place, time, manner and content of
carried out, as well as the record of the person issuing the alert ".
49. In § 89 paragraph 2 connects a new paragraph 3 is added:
"(3) evidence obtained by illegal coercion or the threat of such forcing
may not be used in the proceedings except in case of use as evidence
against a person of such coercion or threat of coercion. "
50. in § 105 para. 1 the first sentence, the words "picked up the slack, the expert" are replaced by
the words "Decides to authority in criminal proceedings by bringing in an expert".
After paragraph 2 connects a new paragraph 3 is added:
"(3) the decision on the inclusion of the experts is admissible a complaint to
suspensory effect. ".
51. In article 107 paragraph 1. 2 at the end the following new sentence worded as follows:
"The opinion is delivered, the defenders on the costs of defence.".
52. In § 120 paragraph 1. 1 (b). and the words "are deleted) and unless the judgment of the
plenum of the Supreme Court ".
53. In § 122 para. 1 the first sentence are deleted the words "social
the Organization ".
54. In paragraph 125 of the fifth sentence, the words "the social organization"
replaced by the words "Offered a special-interest Association of citizens".
55. In section 126 in the provisions under the letter "f"), the words "social
the Organization "shall be replaced by" Guild of the citizens ".
56. section 130 of paragraph 1. 4 is added:
"(4) Featured a social representative at the trial shall
a copy of the judgment also hobby citizens Association, which sent him. ".
57. In § 141 para. 2, the last sentence shall be deleted and paragraph 2 shall be inserted
a new paragraph 3 is added:
"(3) against the decision of the Attorney General to file a complaint only,
with regard to the resolution on persons or property under § 146a. About
the complaint shall be decided by the Supreme Court. ".
The former paragraph 3 shall become paragraph 4.
58. In § 146a is a point (a)) the following new provision under the
(b)), which read as follows:
"(b) order the defendant in Prosecutor) imprisonment
limit or dismiss the request of the accused for their cancellation (section 74a), ".
The existing provisions under letters b), c), (d)) are referred to in letters c), (d)),
(e)).
59. In paragraph 151, the word "inclusion" is replaced by "select"; so far
the text of the paragraph becomes paragraph 1 and the following paragraphs are added
2, 3, 4, which reads as follows:
"(2) Defender, who was appointed to the accused person has towards the State are entitled to
remuneration and reimbursement of cash expenses, according to the advocate's plan.
(3) the amount of remuneration and the reimbursement of cash expenses shall, on a proposal from the advocate
body active in criminal proceedings, the decision was to criminal prosecution
finally completed. In the proceedings before the Court will decide the President of the Senate
Court of first instance.
(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has
suspensory effect. ".
60. In § 152 paragraph 1. 1, the provisions of subparagraph (a)), the following new provision
subparagraph (b)), which read as follows:
"(b)) and on the appointed lawyer paid cash outlays by the State, if
the defence is not entitled to free, ".
The existing provisions under letters b), c) are referred to in letters c), (d)).
In paragraph 3, the words "(a). (c)) "shall be replaced by" subparagraph (a). (d)) ".
61. In paragraph 155, after the word "binding", the words "and of the obligation to
refund rewards and cash expenses paid on the appointed lawyer
State ", and the reference in brackets" [§ 152 paragraph 1. 1 (b). and)] "shall be replaced by
the reference "[§ 152 paragraph 1. 1 (b). a), (b))] ".
62. In section 156 the reference in brackets "[§ 152 paragraph 1. 1 (b). (c)) and § 153
paragraph. 1] "shall be replaced by" [§ 152 paragraph 1. 1 (b). (d)) and § 153 para. 1] ".
63. The name of the part of the other are deleted, the words "and investigation of offences".
64. In paragraph 157, deleted the words "and to clarify the Authority held", and comma
the word "investigator" shall be replaced by the word "and".
65. In paragraph 158 in paragraphs 1 and 3, the words "crime" shall be replaced by
the words "of the facts indicating that a crime has been committed
performance ".
66. In § 159 paragraph. 4, the first sentence reads: "a resolution on the postponement of the case must be
always delivered to the notifier and to the victim, who may submit
complaint. ".
67. In § 163 para. 4 at the end of this sentence: "connects if, for
This Act has not yet been initiated criminal prosecution, you must first
decide in the sense of § 160 of paragraph 1. 1. ".
68. in paragraph 163, the following new Section 163a, which reads as follows:
"§ 163a
(1) criminal prosecution for crimes of violence against a group of inhabitants and
against individuals under section 197a, defamation under section 206, failure to
assistance under section 207 and 208, damaging foreign rights under section 209, bodily harm
on health according to § 221, 223 and 224, threatening sexual diseases pursuant to §
226, pursuant to section 247 theft, embezzlement under section 248, unauthorized use of the
Foreign Affairs under section 249, fraud under section 250, handling stolen goods under section 251 and
252, usury according to § 253, concealment case under section 254, violations
obligations in the management of foreign assets under § 255, detrimental
pursuant to section 256 and damaging Foreign Affairs pursuant to section 257 of the tr code, against
who is in relation to the injured relatives in tribe live, its
sibling, adoptive parent, adopted child, spouse or companion and criminal
prosecution for the crime of rape under section 241 para. 1 against a person who
It is in relation to the injured spouse or companion, can be initiated and already
instituted prosecutions proceed only with the consent of the injured party.
If the damaged one deed is sufficient consent just a few, one of the
them.
(2) the provisions of paragraph 1 shall, however, he was in such a crime
caused by death.
(3) if the injured party does not submit its observations prokurátoru, investigators,
or search authority in writing, record its content to
Protocol. Consent to prosecution can corrupt the express
the Declaration take any time back, and it's up to the time before the Court of appeal
Removes the final meeting. ".
69. In paragraph 164 of paragraph 1. 1 the second sentence are deleted the words "fourth".
In § 164 of paragraph 1. 2, the last sentence shall be deleted.
70. in § 165 paragraph. 1 is deleted the rest of the sentence after the other with a semicolon.
The following paragraph 3 is added:
"(3) advocates for juvenile persons and persons that for their physical or
mental defect is not able to properly defend herself, unable to deny the participation of
When you perform any investigative Act. ".
71. In § 166 paragraph. 2 are deleted, the words "and to speak with the accused, that is
in custody, without the presence of a third person ".
72. section 168 paragraph. 1 reads as follows:
"(1) the Search takes place on criminal offences for which the law provides for the
a prison sentence whose upper limit does not exceed one year. ".
In paragraph 2, the provisions of subparagraph (c)):
"(c)) in the armed forces or authorities of their masters, also in charge of
offences to people under their command powers. ".
73. section 169 (a). (c)):
"(c) the provisions of § 164) para. 4 is he; permission according to § 165 paragraph. 1
and 4 a lawyer when questioning the accused, the hearing of experts and
implementation of the confrontation, recognition, investigative experiment, reconstruction and
When the inspection ".
74. In section 171 paragraph 2. 1, the words "or of the offense" are deleted, and the words
"misdemeanour or disciplinary transgressions, which is the competent authority responsible
make decisions "shall be replaced by" deed, that could be another
assessed by the competent authority as a misdemeanour or disciplinary transgressions ".
To in paragraph 2 shall be deleted, the words "or of the offense".
75. In section 172 para. 3 the first sentence reads: "a copy of the resolution on stopping
a criminal prosecution must be delivered to the accused, the injured party and if it is
the resolution also in 48 hours to the investigator the Prosecutor. ".
76. In paragraph 175 paragraph. 1, the provisions of subparagraph (a)) the words "or are deleted
proposal for punishment ", and the provisions of subparagraph (b)):
"(b) issue an order for the arrest) and decide on custody".
77. In § 176 para. 1 at the end of the following sentence:
"The indictment shall notify the accused and defence counsel".
78. In paragraph 177, paragraph 2 shall be deleted and paragraph numbering is hereby repealed.
79. in the title the tenth deleted the eighth section (section 179a to 179f).
80. in paragraph 183 paragraph. 1 reads as follows:
"(1) the Interest of the Association referred to in section 4, paragraph 4. 1 may propose that the
the hearing of the case in the main proceedings before the District Court, or in the
a public meeting held on the appeal before the regional court attended the
their representative to the exercise of rights under section 5. The President of the Senate, and in
the preliminary proceedings, the Prosecutor are obliged to provide hobby Association
citizens on the basis of the case-file to the necessary information. ".
In paragraph 2, in the first sentence the words "emit social
the Organization "; in the second sentence, the words "the applicant, where appropriate, the social
defence counsel are entitled to "be replaced by" a representative is entitled to "and the word
"their" is replaced by the word "its"; in the last sentence, the words "the applicant,
where appropriate, social defenders "shall be replaced by" representatives ".
In paragraph 3, the words "the applicant, where appropriate, social advocate"
shall be replaced by "representative" and the words "the establishment of a socialist State"
are replaced by the words "the establishment of a Constitutional Republic."
81. In paragraph 184, paragraph 2 shall be deleted and paragraph numbering is hereby repealed.
82. In § 187 para. 1, the words "in a private meeting" shall be replaced by
"in the public session, which shall inform the Prosecutor, defense attorney and, if
the accused does not have a lawyer, and the accused ".
83. In paragraph 188 paragraph. 3, the words "may the Prosecutor" shall be replaced by "may
the Prosecutor and the accused ".
84. In paragraph 196 of paragraph 1. 1, in the first sentence after the semicolon are deleted in
"Socialist"; in the last sentence, the words "the applicant or social
defence counsel "shall be replaced by" representative "and the words" the relevant social
the Organization "shall be replaced by the words" the competent hobby Association of citizens ".
85. In section 198 paragraph 1. 1 the first sentence, the words "five-day period" shall be replaced by
the words "five working days". In paragraph 2, in the third sentence,
deleted the words "on the basis of the proposal of the Prosecutor, if it was such a proposal
made in the indictment or "; in the last sentence, the words "the applicant or
social defence counsel "shall be replaced by" representative "and the words" corporate social
the Organization, which has sent him "are replaced by the words" an interest group
citizens, which has sent him ".
86. In § 199 para. 2 the first sentence, the word "workers" shall be replaced by
"citizens"; in the last sentence, the words "social organization, which may
participation of workers "shall be replaced by" special-interest associations, which may participate
citizens ".
87. In paragraph 206 of paragraph 1. 2, the first sentence shall be deleted and the second sentence reads: "After
presentation of the indictment to the President of the Senate ask the injured party whether
proposes that the accused was ordered to to pay compensation
caused by the crime, and to what extent. ".
88. In paragraph 215 paragraph. 1 the words "the applicant, social advocate" are replaced by
the word "representative".
89. In paragraph 216 of paragraph 1. 2 the first sentence are deleted the words "social
the plaintiff "and the words" social defender "are replaced by the words" social
the representative ".
In paragraph 3, the word "applicant" shall be replaced by "representative".
90. § 222 para. 2 is added:
"(2) the Court shall refer the matter to another authority, if it is satisfied that it is not about
the offense, however, zažalovaný deed might be assessed by another institution
as a misdemeanour or disciplinary transgressions, which is the competent authority responsible
decisions. ".
91. In paragraph 233, after paragraph 1 the following paragraph 2 is added:
"(2) Featured in the trial before the District Court of social
the representative of the President of the Senate shall inform the regional court on public meeting
held on appeal whether or not special-interest Association of citizens that social
Representative sent. ".
The former paragraph 2 becomes paragraph 3.
92. In paragraph 239, the heading "protective treatment and prevent things" moves over the
the numeric designation section.
93. under section 239, the following new section 239a, as follows:
"section 239a
(1) If, in proceedings for things measured reliably prevents the owner of the things
to be taken, or if his residence is not known, he will appoint the President of the
the Senate of the guardian. The guardian has in preventing things the same rights
as its owner.
(2) all documents intended for the owner of the case shall be served only
guardian. A summons to the owner of the things meeting the appropriate
way to publish. A public meeting is even in the absence
owner, regardless of whether the owner of the things about him
learned.
(3) the decision on the provision of custodian is admissible a complaint. ".
94. Under section 257 in the provisions of subparagraph (a)), the reference in brackets "(§ 222 para.
1 to 3) "is replaced by a reference to" (§ 222 para. 1 and 2) ".
95. In paragraph 259 paragraph. 3 the provisions under (c)):
"c) save the accused a prison sentence over fifteen and twenty
five years of imprisonment or to life imprisonment, could not save if the Court is
of first instance. ".
96. section 264 paragraph. 2 is added:
"(2) if the judgment Was cancelled as a result of appeal only
in favour of the defendant, the accused cannot be saved in a new control
a more severe penalty than what he was saved by the voided the judgment. ".
97. In section 266 paragraph be inserted after paragraph 4, 5 and 6, which
added:
"(4) a complaint for violation of the law to the detriment of the accused against
the final decision of the Court may be made only on the grounds that the Court
He proceeded in accordance with article 259 paragraph. 4, § 264 paragraph. 2, § 273 or § 289
(a). (b)).
(5) the provisions of paragraph 4 applies mutatis mutandis to the Court's decision,
the Prosecutor, investigator or search authority made in accordance
with § 150 of paragraph 1. 1 or 3.
(6) the Attorney General or the Minister of Justice may take back
complaint for violation of the law, which handed up until the
Supreme Court removes the final consultation. The withdrawal of the complaint takes
the resolution noted the President of the Chamber of the Supreme Court. ".
The current paragraph 4 shall become paragraph 7.
98. In section 271 para. 1 the provisions under (c)):
"c) save the accused a prison sentence over fifteen and twenty
five years, or imprisonment for life. ".
99. In paragraph 276 of the fourth sentence, the words "command to the delivery into custody" shall be replaced by
the words "arrest warrant".
100. In section 282 paragraph 1. 2 the second sentence, the words "command to the delivery into custody"
replaced by the words "arrest warrant".
The following paragraph 3 is added:
"(3) If an application for reopening of proceedings in favour of the
the accused, the Court may, given the nature of the facts and the evidence, that the newly
come to light, to postpone or interrupt a sentence lawfully imposed in
main proceedings. ".
101. Section 301 para. 3 read as follows:
"(3) the provisions of this section concerning the participation of the authority responsible for the care of the youth
is he
and in the field of military justice),
(b)) in the enforcement process, if the Act is carried out after the completion of the
the nineteenth year of the young person ".
102. in title nineteenth deleted the third section (section 307 to 314).
103. section 314a para. 1 reads as follows:
"(1) a judge of the court seised on criminal offences for which the law provides for the
a prison sentence whose upper limit does not exceed one year. ".
In paragraph 2 are deleted the words "against a person who was a court already
condemned as a particularly dangerous recidivist ".
104. section 314b:
"section 314b
(1) a judge has the same rights and obligations as the Senate and its President.
(2) a non-public meeting of the single judge does not take place. ".
105. section 314c:
"§ 314c
(1) the Judge shall examine the preliminary indictment is not pending, however, it
the factors listed in § 181 paragraph. 1 and § 186. According to the results of a review
the indictment of a single judge
and take one of the decisions) listed in § 188 paragraph. 1 (b). a) to (e)),
(b)) may stop the prosecution, if the circumstances referred to in section 172
paragraph. 2, or
(c)) returns to the Prosecutor of the case, if the search has not been outof
clarified basic facts relevant to the decision on the guilt.
(2) the provisions of § 189 to 191 are used also to proceedings before a single judge.
(3) if the accused Is in custody, a judge decides, after examining the
the prosecution always also about another duration do not binding, if the main version.
(4) against the decision referred to in paragraph 1, the Prosecutor may file a complaint,
that is, unless the interruption of criminal prosecution, suspensory effect. ".
104. section 314d:
"§ 314d
(1) If a judge does not do any of the decisions referred to in paragraph 314c paragraph.
1, the main version.
(2) If, after the judgment the Prosecutor and the accused surrendered to the
the appeal, a judge may draw up simplified written judgment,
that does not include the preamble. ".
105. in title nineteenth deleted section five (§ 314e-314g).
106. in title twentieth, deleted partition first (§ 316 to 319).
107. In section 321 para. 3, the quote "§ 69 para. 2 "is replaced by the quote" § 69
paragraph. 3. "
108. Section 322 paragraph. 2 is added:
"(2) the sentence on a pregnant woman and her mother
the newborn child the presiding judge shall postpone for a period of one year after the
birth. ".
Paragraph 3 is deleted.
The current paragraph 4 shall become paragraph 3 and the words "in accordance with
paragraphs 1 to 3 "shall be replaced by" referred to in paragraphs 1 and 2 ".
109. In paragraph 325 paragraph. 1 the text after the semicolon is added: "the President of the Senate, always
suspends execution of a sentence on a pregnant woman or a mother of a child under the age of one
year. ".
110. Section 329 paragraph. 1 reads as follows:
' (1) as soon as it became legally valid judgment imposing a prison sentence
freedom, whose performance has been suspended in view of the fact that
an Association of citizens guaranteed under the axle of the convicted person, the Chairman shall send the
a copy of the judgment of the Senate, hobby Association, which has taken over the guarantee, and
ask them about the educational interaction. At the same time is to ask if
that would guarantee to fulfil its mission and interest Association for the way of life
the convicted person, violation of the restrictions and conditions laid down by the Court or of the
other causes of warranty, this appealed the Court's decision. ".
In paragraph 2, the words "the social organization of the worker" shall be replaced by
"Special-interest Association of citizens" and the word "its" is replaced by
"his".
In paragraph 3, the words "social organizations" shall be replaced by
"special-interest Association of citizens".
111. In paragraph 330 of paragraph 1. 1 the second sentence, the words "social organizations"
shall be replaced by "Guild of the citizens".
In paragraph 2, the words "social organizations" shall be replaced by
"the interest Association of citizens".
112. In paragraph 331 paragraph. 2 the first sentence, the words "the organization mentioned" are replaced by
the words "special-interest Association of citizens" and the second in the sentence, the word "her"
replaced by the word "him".
In paragraph 3, the words "social organizations" shall be replaced by
"the interest Association of citizens".
113. In section 332 paragraph 1. 1 the first sentence, the words "social organization"
shall be replaced by "Guild of the citizens".
In paragraph 2, the words "social organizations" shall be replaced by
"the interest Association of citizens".
114. the following section is inserted after section 334 335, which including the title reads as follows:
"§ 335
The abandonment of the performance of the rest of the sentence were carried out in the
the military correctional unit
(1) the abandonment of the performance of the rest of the sentence were carried out in the
the military correctional unit decides in the public session of the military court,
in the place where the sentence of imprisonment, on a proposal from the Prosecutor shall exercise
the Chief of the military correctional unit or or at the request
of the convicted person.
(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has
suspensory effect. ".
115. in title twentieth, deleted partition of the third (section 336 to 340).
116. In paragraph 344 paragraph. 1 the words "if it is clear that the recovery would not be
or "are replaced by the words" or its remainder if
convicted as a result of circumstances independent of his will to become a long term
Unable to pay a financial penalty or ".
In paragraph 2, the word "paid" shall be inserted after the words "and, where
apparent that the execution of this penalty or part thereof could be defeated "
replaced by the words "does not come into consideration procedure referred to in paragraph 1 or §
342 para. 1 and enforcement would not lead to a result. "
117. § 350 including title:
"§ 350
The performance penalty of disqualification
(1) the President of the Chamber shall decide immediately after the judgment, which was
ordered the disqualification penalty, netting the period during which
It was ordered before the legal power of the judgment, which authorized
is the subject of the prohibition, in connection with a criminal offence is withdrawn in accordance with
Special regulations, or on the basis of the measures of the State authority was not allowed
This activity, in the performance of the sentence of the prohibition
activity. Against this decision is admissible a complaint.
(2) The procedure for conditional abandonment of the rest of the performance penalty of prohibition
activities, as well as on the procedure for the performance of the rest of this regulation is
governed the provisions of § 331 to 333. All decisions, however, makes
the Court in the case ruled in first instance (section 315 (2)). ".
118. section 359 including title:
"§ 359
Waiving of punishment as a result of warranty,
If the Court accepted a guarantee of interest association referred to in section 4, paragraph 4. 1 and in
as a result, refrained from punishing, delivers a copy of the hobby Association
the judgment. At the same time it is requested, within the meaning of the guarantee to take care of yourself
the axle of the convicted person and be geared to the damage caused by the
the crime, if it did not happen before. ".
119. In paragraph 363, the words "the organizations referred to" be replaced by "interest
the Association referred to ".
120. In § 364 para. 3, after the word "degree" is replaced by a comma and full stop
the words "and in the case of conditionally released, the Court said that
conditionally released youthful works "are deleted.
121. In paragraph 369 of the last sentence, the words "social organizations"
replaced by the words "interest associations of citizens".
122. section 370a including title is deleted.
123. In paragraph 377 of paragraph 1. 2, the number "48" is replaced by "24".
124. In section 378, paragraph 3, last sentence deleted and connect the new
paragraphs 4 and 5, which read as follows:
"(4) if the foreign State for the enforcement of a sentence or a preventive measure, the person
that was the final sentence or protective measures, and
make a reservation to apply to the judgment or proceedings
the previous district court after the takeover of the convicted person by the authorities of the choir
national security in a private meeting of the judgment to the extent necessary
cancels and decide on the next steps, to the satisfaction of the reservation.
If the whole sentence or just his opinion on the punishment, decides at the same time about
the binding. If it is necessary to supplement the findings of fact, may return
the public prosecutor for investigation.
(5) against the decisions referred to in paragraphs 3 and 4, the complaint is admissible,
has, unless the decision on custody, suspensory effect. ".
125. In § 381 para. 1 the first sentence is replaced with a comma and dot connect
the words "if it has not made the Prosecutor in accordance with paragraph 1.".
The present paragraph 1 shall become paragraph 2 and paragraph 2
shall become paragraph 1.
126. § 382 paragraph. 2 is added:
"(2) issue after its permit and the associated release of persons
the Edition goes, from custody, President of the Senate shall arrange for a regional court. ".
127. the twenty-fourth in the head section, the second section is inserted the third,
that including the title reads as follows:
"THE THIRD SECTION
Acceptance and surrender of criminal case
section 383a
Taking over a criminal case from abroad
On the proposal of the competent authority of a foreign State to criminal prosecution
Czechoslovak citizen who committed on the territory of that State Court
offence, the competent Czechoslovak authorities took decisions
General Prosecutor's Office of the Czech and Slovak Federal Republic, or
responsible for the public prosecutor's Office, which in the case of a positive decision on the
the proposal puts the initiative without delay to materially and locally competent authority for
prosecution under the provisions of this Act.
section 383b
Commit criminal case abroad
If a citizen of a foreign State against a criminal prosecution for
an offense committed on the territory of the Czech and Slovak Federal Republic,
the General Prosecutor's Office of the Czech and Slovak Federal Republic and after
indictment Department of Justice pass criminal prosecution
the competent authority of a foreign State of which the accused is a citizen. ".
The third section shall become section 4 and section
the fourth as the fifth section.
128. section 385:
"§ 385
From the 1. July 1990 to the provisions concerning criminal procedure in force before this
the date used in the limits of the provisions of this section. ".
129. paragraph 386 as follows:
"§ 386
(1) The proceedings for the tort in cases in which the Court was served with the
the punishment before the 1. in July 1990, the provisions applicable shall be used before the
on this day.
(2) The execution of a sentence imposed before the corrective action 1. July
1990 the provisions in force before that date.
(3) the criminal orders issued before 1 January 2005. July 1990 are governed by existing
regulations. ".
130. section 389:
"§ 389
(1) the decision on the fact that under article II of Act No. 175/1990 Coll.,
does not take a penalty before the 1. in July 1990, the Court in
the case decided in the first instance.
(2) the decision on the fact that under article II of Act No. 175/1990 Coll.,
a relatively reduced sentence imposed before the 1. in July 1990, the public
the meeting of the Court, in a case decided in the first instance.
(3) if the death penalty Was saved before the 1. July 1990 changed in punishment
deprivation of liberty, shall decide on the manner of its performance in the public meetings of the
the Court in the case decided in the first instance.
(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,
has a suspensory effect. ".
131. the following section shall be added after paragraph 391 391a and 391b is added:
"§ 391a
(1) the Federal Ministry of national defence shall be empowered to issue the rules of procedure
for the military courts, which in greater detail the steps the military courts
When dealing with criminal matters.
(2) the Ministry of Justice of the Czech Republic and the Ministry of
of Justice of the Slovak Republic are hereby authorized to issue rules of procedure for the
District and regional courts, which in greater detail the process of district and
regional courts in handling criminal cases.
§ 391b
The Ministry of finance, prices and wages of the Czech Republic and the Ministry of
Finance, prices and wages of the Slovak Republic are hereby authorized to modify the agreement with
The General Prosecution Office of the Czech Republic, the General Prosecutor
The Slovak Republic, the Ministry of Justice of the Czech Republic and
the Ministry of Justice of the Slovak Republic, and with the Federal
the Ministry of national defence generally binding legal regulation procedure
national committees in ensuring and providing for the administration of the secured assets. ".
Article II
The Bureau of the Federal Assembly is hereby authorised, in the collection of laws
announced a full text of the code of criminal procedure, as is apparent from later laws.
Article. (III)
This Act shall take effect on 1 January 2000. July 1990.
Havel, v. r.
DUBCEK in r.
Čalfa in r.
