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Amendment To The Criminal Code And Certain Other Laws

Original Language Title: změna trestního řádu a některých dalších zákonů

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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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