283/2004 Coll.
LAW
of 8 March. April 2004,
amending Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended by later regulations, and Act No. 265/2001 Coll.
amending Act No. 141/1961 Coll., on criminal court proceedings
(criminal procedure code), as subsequently amended, Act No. 140/1961 Coll.,
the criminal code, as amended, and certain other laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the criminal procedure code
Article. (I)
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional
Court of the United States declared under no 214/1994 Coll., constitutional
Court of the United States declared under # 8/1995 Coll., Act No. 152/1995
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998
Coll., Act No. 166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000
Coll., Act No. 30/2000 Coll., Act No. 227/2000 Coll., constitutional
Court of the United States declared under no. 77/2001 Coll., Act No.
144/2001 Coll., Act No. 265/2001 Coll., Constitutional Court of the Czech
the Republic declared under no. 424/2001 Coll., Act No. 220/2002 Coll.
Act No. 229/2002 Coll., Act No. 320/2002 Coll., Act No. 218/2003 Coll.
Act No. 279/2003 Coll., Act No. 235/2004 Coll. and Act No. 257/2004
Coll., is amended as follows:
1. In article 8, paragraph 2, the following paragraph 3 is added:
"(3) the reasons referred to in paragraph 2, the State Prosecutor and after administration
the prosecution or punishment of the President of the Senate proposal to order tracking
bank account or the account in the securities Centre, a maximum
for six months. If the purpose for which it has been tracking account
ordered to, even after this period, this monitoring can be extended on the basis
the authority before which the proceedings are conducted at that time, for a further six
months, even repeatedly. The data obtained pursuant to this provision, cannot be
use it for any purpose other than for criminal proceedings in which they were
acquired. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
2. In section 8 paragraph 1. 6, the number "4" is replaced by "5".
3. under section 11 is added to § 11a is inserted:
"§ 11a
Criminal proceedings against the same person for the same Act and cannot be started if
the State Prosecutor in abbreviated preparatory proceedings
and decided to approve an out-of-court settlement) and the thing, or
(b)), decided to postpone the submission of the proposal on conditional on the punishment and
the suspect worked, or it is considered, that has been proven. "
4. In article 33 paragraph 2 reads as follows:
"(2) if the accused Proved, that does not have sufficient funds to pay the
the cost of the defence, the President of the Chamber shall decide, and in preparatory proceedings
the judge, that he is entitled to defence of a free or for a reduced fee.
It is clear from the evidence gathered, that the accused does not have sufficient
funds to cover the costs of defence, may, if necessary to protect the
the rights of the accused, the President of the Senate and decide in the preparatory proceedings on
the proposal of the public prosecutor, the judge about the claim of defence free of charge or for a
reduced fee motion of the accused. In the cases referred to in the sentence
the first and second cost of Defence wholly or partially borne by the State. ".
5. In section 39 shall be inserted after paragraph 1, paragraphs 2 and 3 shall be added:
"(2) for these purposes, the Court ordered waiting list alphabetically lawyers leads
(hereinafter referred to as "waiting list"), who want to exercise a duty of defence as
the provisions of the advocates for this Court and have their registered office in the circuit of the competent
the regional court. If you cannot appoint a lawyer from the waiting list, leads
court waiting list of lawyers, who are based in the circuit court.
(3) Lawyers are on the waiting list management ustanovováni as advocates
each of the accused, as in a row following their
the last name on the waiting list. If the lawyer appointed in this way, the
which are reasons for exclusion from the defence, or if it could not be
lawyer appointed for other reasons, appoints the first subsequent Attorney
for which these reasons. ".
The current paragraph 2 shall become paragraph 4.
6. in paragraph 44, the following new section 44a is inserted:
"§ 44a
(1) if the authority finds that active in criminal proceedings, the victim or
There is a danger to the witness in connection with the stay of the accused or
a convict at large, shall instruct the victim or a witness of the possibility to apply
for information about how the
and the accused was discharged from) the binding or fled from it, or
(b)) the convicted was released from imprisonment, or
He fled.
(2) damaged or the witness may request pursuant to paragraph 1, filed with the Court and
in the preparatory proceedings by the public prosecutor. If the convicted person in the performance of
imprisonment, the request referred to in paragraph 1, the Court, which
in the first instance. ".
7. section 55b including title:
"section 55b
Some peculiarities of the protokolace in the proceedings before the Court
(1) on the progress of the trial is, unless important reasons
President of the Chamber decides otherwise, created an audio recording.
(2) If a party to the action as the writer of the higher court official or
logging an official protocol is not dictated by, but separately it according to
Audio takes a higher court official or logging
official.
(3) testimony of people that have already been heard, to the Protocol on the
the main version or in public meetings be recorded only as long as
contain derogations or additions to the earlier testimonies or explanations.
The Prosecutor or the accused may request that testimony taken in the proceedings
before a court or a part thereof has been literally logged; the President of the
the Senate such a request, if the subject of the testimony is not just
the repetition of what is already captured in the log.
(4) the Protocol of the trial or public session need not be in writing
make, if the accused person and the Prosecutor shall declare that
surrendering to appeal against the decision and on a written copy
the Protocol of the trial or public meetings do not last, or no
the absence of the authorized persons of the appeal and the decision has become final
power. In this case, draw up a higher court official or
logging an official brief record of the course of the trial, or
public meeting, stating the place and duration of the trial
or public meeting, the persons present, the operative part of the decision, stating the
the statutory provisions to which it is applied, and the observations of the beneficiaries
on the use of legal remedies.
(5) If a sound recording made before the Court on the progress of the Act and, if not
given the reason for the procedure under paragraph 4, record its essential content
already in the course of the Act or immediately after its completion to the log.
(6) in proceedings before the Court is responsible for correctness and completeness of the protokolace
the higher the clerk or the clerk, logging if he was joined as a
the writer.
(7) the sound recording shall be kept in the data medium, along with the document, and
If there is no connection to the file possible, noting the log or
brief record instead of saving it. Delete the audio recording could not be
execute the file before shredding.
(8) if the Act is carried out outside the building of the Court and an audio record cannot be
buy, picked up the slack to the Act and President of the Senate he writer Protocol
dictates. ".
8. In section 70a para. at the end of paragraph 1, the period is replaced by a comma and
the following point (j)), which read as follows:
"(j)) of the request the victims or witness under section 44a.".
9. In article 70a is inserted after paragraph 1, paragraph 2, which reads as follows:
"(2) a damaged or a witness who has made an application under section 44a, the appropriate
in a way, inform about the release of the accused from custody or escape of
in a day when this event has occurred. ".
The former paragraph 2 becomes paragraph 3.
10. In section 70a para. 3, the words ' paragraph 1 ' shall be replaced by the words ' paragraphs 1 and
2. "
11. In § 71 para. 2 the second sentence, the words ' this does not apply, if it is discovered,
that the accused has already served on witnesses or spoluobviněné or otherwise thwart
clarifying the facts of relevance for the prosecution "are replaced by the words
"if it was found that the accused has already served on witnesses or
spoluobviněné or otherwise thwart investigation of facts of relevance for
the prosecution, in preliminary proceedings, decides to keep the accused in
binding on the proposal of the public prosecutor, the judge and the Court after indictment ".
12. in paragraph 71, the following new section 71a is inserted:
"section 71a
If the Court declared the conviction, the accused was
sentenced to imprisonment for a particularly serious
an intentional criminal act, do not apply time limits for detention pursuant to § 71 para. 8
and 9 to the regulation of the enforcement of the sentence of deprivation of liberty. ".
13. In article 81 paragraph 1. 2, the third and fourth sentences shall be replaced by the phrase "in the case of
the thing that the accused received a criminal offence, or if the accused has not requested
on the return of the case and the right to the thing has not brought anyone else within six
months after the expiry of the period referred to in paragraph 1, second sentence, the thing
to State ownership; This does not prejudice the right of the owner to demand
such things or the release of the amounts charged for its sale. ".
14. In article 81 paragraph 1. 3, the words ", and if it is a matter of slight price, it can be
surrender to the authority competent under the specific legislation to implement, and it
in both cases ' shall be deleted.
15. In article 81 paragraph 1. 4, the words "surrender things to the competent authority referred to in
specific legislation to implement the ' shall be deleted.
16. in paragraph 152, the following new section 152a, which reads as follows:
"section 152a
For claims arising in respect of unpaid State criminal
proceedings referred to in § 152 paragraph 1. 1 the State paid in the course of proceedings, the
interest on arrears is charged. ".
17. in paragraph 154, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Court may, depending on the nature of the case and the circumstances of the case, decide on the
proposal to the effect that the sentence imposes an obligation to pay
the victim whole or in part the costs associated with the participation of the victim
in criminal proceedings, even in the case that the victim was not entitled
for damages or partially. ".
18. In article 155 para. 2, after the words "criminal proceedings" shall be replaced
"or other costs associated with the participation of the victim in criminal proceedings".
19. in paragraph 173 of paragraph 1. 1 (b). (d)), the words "If the prosecution passed"
replaced by the words "it is proposed to transfer criminal prosecution".
20. in section 173a, the words "within five days of" shall be replaced by "without delay
After ".
21. In article 174a of the paragraph. 1, the word "two" shall be replaced by the word "three".
22. in paragraph 179c paragraph. 2, letter e) the following points (f) and (g))),
are added:
"(f)), decided to postpone the case where the approval of a settlement with the
Similarly, the provisions of § 309 et seq.,
g) case conditionally postpone pursuant to § 179g, ".
Subparagraph (f)), and (g)) shall become points (h) and (i))).
23. the following section shall be added after paragraph 179f 179g and 179h, including title
shall be added:
"Conditional postponement of the submission of the proposal for punishment
§ 179g
(1) instead of the lodging of the punishment, the State Prosecutor for the
the conditions referred to in section 307, decide that the request for the
punishment conditionally deferred, if
and the suspect to the crime),
(b)) for the damage, if the offence caused,
(c)) with a conditional postponement, the request for the punishment of its assent,
and given the person a suspect, taking into account the previous
life and circumstances of the case it is reasonable to consider such a decision
for pleasant.
(2) in a decision on conditional postponement of the submission of the proposal for punishment is
provides for a trial period of six months to a year. The trial period begins
legal force of this decision.
(3) a suspect can also save, in order to comply with the trial period
reasonable restrictions and obligations to make him lead an orderly life.
(4) the decision on a conditional postponement of the submission of the proposal for punishment
suspect and damaged may lodge a complaint, which has a suspensory effect.
§ 179h
(1) if the suspect during the trial period, he led an orderly life and
with other constraints, the State Prosecutor, who will decide
conditionally postponed submission of the proposal for punishment in the first instance, that the
tried and tested. Otherwise, and, where appropriate, during the trial period, it shall proceed according to the
§ 179f para. 2 (a). (b)).
(2) If, within six months from the expiry of the probationary period has not been made
the decision referred to in paragraph 1, without the guilt of the suspect had on it, it is considered
that has worked well.
(3) the legal power to decide that the suspect worked, or
expiry of the period referred to in paragraph 2 of the effects referred to in § 11a
paragraph. 1 (b). (b)).
(4) against the decision referred to in paragraph 1 may submit the suspicious and corrupted
the complaint, which has a suspensory effect. ".
24. § 321 including title:
"§ 321
Regulation of the enforcement of a sentence
(1) as soon as the decision to execute punishment
deprivation of liberty, has become enforceable, President of the Chamber, the competent prison
send prison regulation and invite the convicted person, if it is at liberty to
the penalty within a specified period. Where statement on the imposition of punishment
imprisonment in an enforceable decision of the Court of appeal shall order performance
This punishment for the convicted person who is in custody, the President of the Senate
the Court of appeal immediately after delivery of the decision; the President of the Senate
the Court of appeal may do so also for the convicted person who is not in custody,
If specific facts found that his stay at liberty is
dangerous, or if his conduct or other specific
facts justified concern that the convicted person will abscond or will
to hide.
(2) the absence of the specific facts found that a stay of the convicted person
the freedom is dangerous, or if it does not follow from his conduct or other
specific facts justified concern that flees, or will hide,
and not as justification for immediate imprisonment regulation
freedom, the President of the Senate to the boarding penalty to provide
to the person a reasonable period in order to procure his affairs.
This period may not be longer than one month from the date determined by the
the decision referred to in paragraph 1.
(3) if the convicted person does the penalty within the time limit which has been granted,
or if any of the specific facts found that his stay on
freedom is dangerous, or if his conduct or other
specific facts justified concern that flees or will
hide, President of the Chamber, in order of imprisonment delivered.
If there is no known place of residence of the convicted person, shall be used for the command to
delivery to imprisonment, mutatis mutandis, the provisions of § 69 para. 3. Is the instead
the stay of the convicted person known, can be used to its delivery to the execution of a sentence
the provisions of § 83 para. 2. the President of the command of the Senate always asks
the police authority of the immediate submission of information about whether he was convicted
imprisonment is delivered, or what the circumstances of delivery in the performance
the penalty.
(4) an order referred to in paragraph 3 shall be issued even if the convicted person fails to
its obligation specified in § 322 paragraph. 1, last sentence, or under the conditions
referred to in Section 322 paragraph. 3 the second sentence.
(5) if the injured party has filed an application, pursuant to section 44a, the President of the Senate shall be sent, together
with the regulation, the competent prison sentence information about corrupted,
that should be about the release or escape of the convicted person. In
the case that the victim has lodged an application at the time when the person in the performance of
imprisonment, the Court shall send to the prison in which the convicted person shall exercise
imprisonment, relevant information. The prison is required to
the injured party shall immediately notify in writing, not later than on the day of
After the fact, referred to in § 44a para. 1 (b). b).".
25. Section 322:
"§ 322
(1) the President of the Senate postpones the necessary for the performance of the sentence
freedom, if medical reports of hospitalization of the convicted person in the
inpatient medical facility or from other reality shows that
the sentence would have endangered his life or health.
(2) If a convicted person for deferment of imprisonment on grounds of
referred to in paragraph 1, however, the President of the Senate has considered that such
the reasons are not apparently made, prompts the convicted person at the latest when
the onset of imprisonment has submitted a report on your health
the State of the prison. If it is found that the prison health
the convicted person does not allow to submit to imprisonment,
Depending on the nature of the Court shall propose its deferment or interruption.
(3) the sentence on a pregnant woman and the newborn's mother
child's President of the Chamber shall postpone for one year after giving birth.
(4) against the decisions referred to in paragraphs 1 and 3 shall be admissible, a complaint that has
suspensory effect. ".
26. the following section is inserted after section 364 364a, which reads as follows:
' paragraph 364a
President of the Chamber of the District Court referred to in § 364 para. 1 also decides
about the deletion of the conviction of a foreign court, which is recorded in the
Register of criminal records; effects abroad can have such a decision
only if provided for by an international treaty ".
Article II
Transitional provision
The period of six months referred to in § 81 para. 2 of the code of criminal procedure, as amended by
This Act begins to run from the first day of the calendar month
following the date of entry into force of this Act.
PART TWO
Amendment of the Act No. 265/2001 Coll.
Article. (III)
In the article. II, point 3, of Act No. 265/2001 Coll., amending Act No.
141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by
amended, and Act No. 140/1961 Coll., the criminal act, as
amended, and some other laws, the second sentence shall be deleted.
PART THREE
The EFFECTIVENESS of the
Article IV
This Act shall take effect on 1 January 2000. July 2004.
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