55/2017 Sb.



LAW



of 19 December 2003. January 2017,



amending the Act No. 40/2009 Coll., the criminal code, as amended by

amended, Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to the criminal code



Article. (I)



Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.,

Act No. 181/2007 Coll., Act No. 330/2007 Coll., Act No. 357/2007 Coll.

Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 193/2009 Coll.,

Act No. 360/2012 Coll., Act No. 390/2009 Coll., Act No. 399/2012 Coll.

Act No. 494/2012 Coll., Act No. 105/2013 Coll., Act No. 241/Sb.

Constitutional Court declared under No 259/2013 Coll., Act No.

141/2014 Coll., Act No. 86/2015 Coll., Act No. 165/2015 Coll., Act No.

377/2015 Coll., Act No. 47/2016 Coll., Act No. 150/2016 Coll., Act No.

163/2016 Coll., Act No. 188/2016 Coll., Act No. 321/2016 Coll., Act No.

323/2016 Coll. and Act No. 455/2016 Coll., is amended as follows:



1. in section 70 is at the end of paragraph 3 the following sentence "the penalty of confiscation

affects both the fruits and benefits such things that belong to the offender. ".



2. In article 98 para. 1, the word "stuff" the words ", prevents the parts

the property ".



3. In paragraph 98, at the end of paragraph 3 the following sentence "prevents part of the assets

Unable to save in addition to forfeiture of the same part of the property. ".



4. In § 101 paragraph. 1 introductory part of the provisions for the text "section 70 ' shall be

the words "paragraph. 2 (a). and) ".



5. In article 101, paragraph 2 reads as follows:



"(2) the Court may save prevents things, which was obtained by the criminal offence

or as a reward for a criminal offence or that was, albeit only partially,

acquired as a matter of a criminal offence or obtained as a matter of forming a reward for

a criminal offence, if the value of things, which was obtained by the criminal offence, or

as a reward for him, not in relation to the value of the acquired things insignificant,

and if such a thing



and the perpetrators, which belongs to) has been convicted of a crime from which the thing

comes,



(b)) perpetrators, which cannot belong to prosecute or condemn,



(c)), from which the perpetrator belongs to the punishment the Court dropped,



(d)) belong to the person who committed the insane act of a different crime,



e) belongs to another person, to which the offender is transferred or that such a thing

otherwise acquired, or



(f)) is part of the assets in the Trust Fund or other similar device (hereinafter

"the Trust Fund") or in a mutual fund. ".



6. In article 101, paragraph 2, the following paragraph 3 is added:



"(3) prevents you from things affects even the fruits and benefits of the things that belong to the

a person whose case is occupying. ".



Paragraphs 3 to 5 shall become paragraphs 4 to 6.



7. In § 101 paragraph. 6, the number "4" is replaced by "5".



8. in paragraph 102, the following new section 102a including title:



"section 102a



Prevents part of the assets



(1) the Court may save prevents the part of the perpetrator, which was recognized by the

guilty vandalized, for which the Criminal Code provides for the punishment

the deprivation of liberty of a maximum of at least four years of penalties, or

the offence of production and other dealings with child pornography (section 192),

unauthorized access to computer systems and the information medium (§

230), and possession of access device and password to

the computer system, and other such data (section 231), scheming when you enter

public procurement and tender procedures (para. 257), the scheming in the public

auction (section 258), the illicit cultivation of plants containing narcotic

or psychotropic substance pursuant to § 285 para. 2 to 4, the spread of drug addiction (§

287), active bribery (article 332) or indirect bribery (article 333), if

the perpetrator of such a crime for himself or for another won or

trying to get the property benefits and the Court finds that a certain part of his

the property is the proceeds of crime due to the fact that the value of

the property, which the offender has acquired or transferred to another person or to

the assets in the Trust Fund at the time of not more than 5 years before committing

such a criminal offence at the time of committing a criminal offence, or when it is

in gross income disparity of the offender acquired in accordance with the law or

other factors were found which would justify such a conclusion.



(2) the Court may save prevents part of the assets in relation to things that would

otherwise could be taken pursuant to paragraph 1, if the offender is such a thing



and transferred to another person) free of charge or at advantageous conditions

and that person knew or could and should have known, that such a thing

converted the reason to avoid it prevents, or that such a thing

has been obtained in violation of the law,



(b)) to a person nearby,



c) transferred to the legal entity, in which it has itself or in conjunction with

persons close to a majority stake, a majority shareholding on

voting rights or decisive influence on proceedings, and such a thing

the offender is free of charge or at advantageous terms used



(d) the assets transferred in) Trust Fund, or



e) became the common property of the spouses.



(3) the Court in the determination of part of the assets, which prevents stores, provides

specific things subject to prevent. If the gross discrepancy has been detected

between the value of the assets and income of the offender acquired in accordance with the law

in the reference period can determine any matter the offender in

the value up to the observed gross disparity.



(4) if it is not known where things that might be used, located,

or prevents is not appropriate, in particular with regard to the rights of third

people, or if the one who could be a thing seized, it

the decision to prevent the destroy, damage, steal, or otherwise prevent

stymie, a court may impose prevents the replacement value, including cash

of the amount, up to the amount which corresponds to the value of such things. The value of things,

which prevents the Court, could the Court determined on the basis of vocational

representation or an expert.



(5) prevent affects even the fruits and benefits of the things that belong to the person

such a thing occupies. Prevents does not apply to things that are strictly

need to satisfy basic needs of the person, which occupies part of the

property, or people whose nutrition or education of the person referred to in

the law required to take care of. ".



9. In § 103 para. 1 the second sentence, the words "4 and 5" are replaced by the words "5 and 6".



10. In § 104 paragraph. 1, after the word "thing", the words "occupied part of

the property ".




11. In § 104 paragraph. 2, after the words "saving stuff" prevents the words "

prevents part of assets ", the words" § 101 paragraph. 4 "shall be replaced by the words" §

paragraph 101. 5 "and the words" § 101 paragraph. 5 "shall be replaced by the words" § 101 paragraph.

6. "



12. In paragraph 135, the words "or the owner of the" and the word "owner" shall be deleted.



13. in paragraph 227, the words "their assets or the assets of a legal person,

You shall be entitled to act, "shall be replaced by the word" property ".



14. At the end of footnote 1, the following sentence "Directive

The European Parliament and of the Council of 2014/42/EU of 3. April 2014

seizing and confiscation of instrumentalities and the proceeds of crime in the

The European Union ".



Article II



Transitional provision



For the purposes of the imposition of a safeguard measure prevents part of assets pursuant to section

102A of Act No. 40/2009 Coll., in the version in force from the date of entry into force of

This law, can be used in determining the amount of the gross disparity between the value of

the property, which the offender has acquired or transferred to another person or to

the assets in the Trust Fund, or similar device, and its income

acquired in accordance with the law to take into account only to the property which the offender

acquired or transferred to another person or to the assets in the Trust Fund

or similar device from the date of entry into force of this Act.



PART TWO



Amendment to the criminal procedure code



Article. (III)



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

the Court declared under no. 214/1994 Coll., Constitutional Court

declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.

150/1997 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., the Constitutional Court declared

under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.

Constitutional Court declared under no. 424/2001 Coll., Act No.

200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.

587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.

Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.

165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.

170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award

The Constitutional Court declared under no. 90/2008 Coll., Act No. 121/2008 Coll.,

Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.,

Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.,

Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Coll.,

Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Coll.,

Act No. 272/2009 Coll., Act No. 306/2009 Coll., Constitutional Court

declared under the No 163/2010 Coll., Act No. 197/2010 Coll., the award

The Constitutional Court declared under no 219/2010 Coll., Act No. 150/2011

Coll., Act No. 181/2007 Coll., Act No. 207/2007 Coll., Act No. 330/2011

Coll., Act No. 341/2011 Coll., Act No. 348/2007 Coll., Act No. 357/2011

Coll., Act No. 459/2011 Coll., Constitutional Court declared under no.

43/2009 Coll., Act No. 193/2009 Coll., Act No. 273/2009 Coll., Act No.

390/2009 Coll., Act No. 45/2013 Coll., Act No. 105/2013 Coll., Act No.

141/2014 Coll., Act No. 77/2015 Coll., Act No. 86/2015 Coll., Act No.

150/2016 Coll., Act No. 163/2016 Coll., Act No. 243/2016 Coll., Act No.

264/2016 Coll., Act No. 298/2016 Coll., Act No. 301/2016 Coll. and act

No 455/2016 Coll., is amended as follows:



1. in paragraph 7, the following paragraph 7a is inserted:



"§ 7a



(1) to determine the nature, size or location of the goods for the purposes of their

ensure, to determine the financial circumstances of the accused or for the purposes of

ensure the enforcement of criminal penalties, the President of the Senate and in the preparatory

the management of the public prosecutor or police authority shall ask the person whose property

is discovered, or a person close to her, that he laid down in the appropriate

the time limit has sent a statement of assets a person whose property is explored.

Invited person has right to refuse to make statements about the property; in doing so,

apply by analogy to § 92 para. 1, § and § 158 paragraph 100. 8. In the invitation is to be

to notify a person who has to make a declaration of assets, on the consequences of

non-compliance of this request and instructed her to deny her right to make

statement of assets.



(2) the person referred to in paragraph 1, shall be invited, so that in the statement of assets

in so far as such facts are known, the data

relating to the assets of the person whose assets are discovered, in particular



and the rewards of) the payer of an employment relationship, or the relationship of the like relation

employment or other income and the amount of such remuneration or other

income,



(b)) in which banks, savings and credit cooperatives, institutions

electronic money, electronic money issuer is small,

the payment institution, the payment service provider is small or

similar to a foreign person has this person, the amount of receivables and accounts numbers

accounts, or other unique identifiers according to the law on payment systems



c) borrowers, in respect of which the person claims, their reason, amount and

time limit for payment,



d) overview of the things in the possession or ownership of that person, including

the amount of co-ownership and the location of the goods, and



e) trust funds or similar device, that this person has set up,

or for which the beneficiaries.



(3) the President of the Senate and in preliminary proceedings, the Prosecutor or

Police Authority may ask the person referred to in paragraph 1 to make

the new statement of assets a person whose property is discovered, if the

It is reasonable to consider that there was a change of matrimonial property regimes of the person whose

assets are discovered.



(4) If a person does, which was invited to make a statement about

property, this Declaration within the time limit or if the authority

criminal proceedings, to make her statement of assets called on the


doubts about the veracity or completeness of the declarations made by her, may

her subpoena to give evidence; the provisions of this law governing

submission of explanation, the hearing of the accused and the witness shall apply

mutandis. ".



2. In section 8 paragraph 1. 2, the first sentence is replaced by the phrase "if it is in

criminal proceedings must be to properly clarify the circumstances indicating

the fact that the crime has been committed, to identify the nature, scope or

the location of the goods for the purposes of their collateral, to determine matrimonial property regimes

the accused or for the purpose of securing the enforcement of criminal penalties, the State

Representative and on submission of the prosecution or punishment of the President of the Senate proposal

request data, which are subject to banking secrecy, and the data from the

registration of investment instruments and the dematerialized securities. ".



3. In § 8 para. 2, the second sentence is inserted after the phrase "in criminal proceedings, in

where you can save the protective measures will prevent the parts of the property, the State

Representative and on submission of the prosecution or punishment of the President of the Senate proposal

ask the tax information from the decision on the determination of income tax

for the purposes of assessing compliance with the conditions for the imposition of this protective

measures or for the purpose of ensuring its performance; the provision of information

According to this provision, it is not a violation of the obligations of confidentiality under the

the tax code. "



4. In section 8 paragraph 1. 2 the fourth sentence, after the words "taxes", the words "for

other purposes ".



5. In section 8 paragraph 1. 3 the first sentence after the word "instruments", the words "or

book-entry securities "and the words" special Act "are replaced by the

the words "other legislation".



6. In article 8 d of paragraph 1. 2 the second sentence, the words ' devoid of legal

capacity or of limited competence to perform legal acts "shall be replaced by

"with limited legal capacity".



7. In article 8 d of paragraph 1. 2 at the end of the text of the second sentence, the words "or

the guardian ".



8. In section 11 (1) 1, the following point (e)) the following points (f) and (g)))

shall be added:



"(f)) against the severe disease permanently rule out its position before

the Court,



g) against whom mental illness that occurred after committing

the Act, makes it impossible to understand the meaning of permanently criminal prosecutions ".



Subparagraph (f)) to) shall become letters (h)) to m).



9. in section 11 (1) 2 (a). (b) point 4), the words ' i) or (j)) "shall be replaced by

"k) or (l))".



10. In section 11 (1) 4, the words "or i)" shall be replaced by "or".)



11. in section 30 paragraph 2. 1, after the words "legal representatives" is inserted after the word ",

guardians ".



12. In § 33 para. 1 the seventh sentence, the words "if it is deprived of the capacity to

legal capacity or if his competence to perform legal acts is limited "

replaced by the words "if his legal capacity is restricted".



13. In the title of § 34, the words "legal representative" shall be replaced by

"The guardian".



14. in section 34 para. 1 the first sentence, the words "the legal representative of the accused,

that is deprived of legal capacity or the capacity to

legal capacity is limited "is replaced by" Guardian of the accused,

which is limited in the incapacitation ".



15. in section 34 para. 1 the second sentence of § 37, para. 1, section 198 paragraph 1. 2 and section 215

paragraph. 1 the words "legal representative" are replaced by the word "guardian".



16. In article 34 paragraph 2 reads as follows:



"(2) in the event that there is a risk of delay and a guardian cannot

to exercise their rights referred to in paragraph 1, or if the accused was not

appointed, although there are reasons for its provisions, the President of the Senate

and in preliminary proceedings, the Prosecutor shall designate the accused person for the performance of

These rights of the guardian. Another person than a lawyer can be appointed

guardian only with its consent. Could appoint a person, in respect of which

You can have a reasonable concern that for their interest in the outcome of the proceeding will be

duly defend the interests of the accused. The provisions of the resolution on the guardian

indicates a person who is appointed by, and shall not preclude the nature of things,

whether or not the accused. Against the resolution on the provision of custodian is admissible

complaint. ".



17. § 36 odst. 1 (b)):



"(b)), if his legal capacity is limited,".



18. in § 36a para. 1, letter a) is added:



"and if his) is a limited legal capacity".



19. in § 37 para. 1 the second sentence, the words "deprived of the legal

capacity or if his competence to perform legal acts is limited "is replaced by

the words "limited in incapacitation".



20. In § 41 para. 4, the words "the accused person deprived of legal

capacity or if his competence to perform legal acts "shall be replaced by

"the legal capacity of the accused".



21. in § 42 para. 1, after the word "thing", the words "or part of the

the property ".



22. In article 42, paragraph 3 reads:



"(3) if the person concerned is not fully enjoys or is limited in

incapacitation, performs its rights under the law, her legal

representative or guardian. In the event that there is a risk of default, and

legal representative or guardian cannot exercise the rights referred to in the sentence

the first, or if the guardian has not been appointed, although there are reasons for

its provisions, it is necessary to immediately appoint a guardian. Guardian

It is necessary to establish without delay in the event that there is a risk of

the delay and the person concerned is a legal person and has the person

the eligible amount to acts in the proceedings. ".



23. In article 42, paragraph 3, the following paragraph 4 is added:



"(4) the President of the Senate and appoints the Guardian in preparatory proceedings

State representative. Another person than a lawyer can be appointed guardian

only with its consent. Could appoint a person can have

reasonable concern that for your interest in the outcome of the proceedings will not be properly defend

the interests of the person concerned. Resolution on provisions of a guardian shall be notified

a person who is appointed by, and shall not preclude the nature of things, whether or not

to the person concerned. The decision on the provision of a guardian is

admissible complaint. ".



The current paragraph 4 shall become paragraph 5.



24. In § 42 para. 5, the words "of the trust or mutual" are replaced by

the words "in a trust fund, or similar device, or in mutual"

and the words "trustee" with the words "Device Manager

like svěřenskému Fund ".



25. In paragraph 45, paragraphs 1 and 2 shall be added:



"(1) if there is a damaged person fully competent or is limited in

incapacitation, its rights exercised under this Act its legal

representative or guardian. In the event that there is a risk of default, and

legal representative or guardian cannot exercise the rights referred to in the sentence

the first, or if the guardian has not been appointed, although there are reasons for


its provisions, it is necessary to immediately appoint a guardian. Guardian

It is necessary to establish without delay in the event that there is a risk of

the delay and the sufferer is a legal entity and does not have a person do

acts in the proceedings.



(2) the President of the Senate and appoints the Guardian in preliminary proceedings the State

representative. Another person than a lawyer can be appointed guardian only with

its consent. Could appoint a person can have a reasonable

afraid for his interest in the outcome of the proceedings will not be duly defend the interests

the injured party. Resolution on provisions of the guardian shall be notified to the person who is

appointed by him, and does not exclude the nature of things, whether or not the victim. Against the

the decision on the provision of custodian is admissible a complaint. ".



26. in § 47 para. 3 the words "real estate" is replaced by "immovable

case ".



27. in § 47 para. 5, after the words "enforcement", the words ",

public auction ".



28. in paragraph 47 of the text at the end of paragraph 5, the words "shall be added; This does not apply,

If the enforcement is carried out or if it is with this property in enforcement

or insolvency proceedings or at a public auction and usage to meet

the claim of the State ".



29. in paragraph 47, at the end of paragraph 5, the following sentence "on payment of the debt,

that are subject to enforcement, public sale, execution or

insolvency proceedings are preferably used assets intact

decision. ".



30. In paragraph 47, at the end of paragraph 8, the following sentence "when you check in, issue and

another treatment is secured, the things that have been issued or revoked,

progressing reasonably under the provisions on the return, issue, and another

dealing with things important for the criminal proceedings. ".



31. in § 50 para. 1 at the end of the text of the first sentence, the words "shall be added; about

It is necessary to teach ".



32. In § 50 para. 2 the words "is deprived of the capacity to perform legal acts

or whose capacity to perform legal acts is limited "shall be replaced by

"it is not fully enjoys or whose legal capacity is limited".



33. In section 51b para. 1, the words ' the interpreter, the accused, the legal representative

the accused, the defence counsel of the person concerned, damaged, agent

the victim, agent of an interested person, a confidant of the accused or

the injured party, the expert shall be replaced by the accused, the person concerned,

damaged, their legal representatives, guardians, agents and důvěrníci,

lawyer, expert, interpreter ".



34. In article 65 paragraph 1. 1 the second sentence, the words "have the guardians"

replaced by the words "has a legal representative or guardian" and the words "are

deprived of legal capacity or if their eligibility for

limited legal capacity "are replaced by the words" are not fully enjoys or

If their legal capacity is limited ".



35. under the first heading of the head in the fourth after the word "THINGS"

the words "that are IMPORTANT for the CRIMINAL PROCEEDINGS".



36. In part one of the fourth head in the heading section of the fourth word

"the things", the words "relevant to criminal proceedings".



37. under the first head of the fourth section of the fourth, the following new subsection

1, including the title reads as follows:



"Subsection 1



Common provisions



section 77b



(1) the things important for the criminal proceedings is the thing that



and) can be used for evidentiary purposes,



(b)) was intended to commit an offence or a criminal offence was to

used (hereinafter referred to as "crime"),



(c)) was obtained by the criminal offence or as a reward for a criminal offence, or

It was, even if only in part, acquired as a matter of a criminal offence or obtained as a matter of

forming a reward for criminal offences, including fruits and benefits (hereinafter referred to as "revenue from the

crime "), or



(d) the replacement value) is a thing referred to in subparagraphs (a) (b)), and (c)).



(2) if the collateral is subject to a thing that is part of the assets in the trust

Fund or mutual fund, shall be svěřenskému or Manager

obhospodařovateli mutual fund. If it is not known who matter

for the criminal proceedings shall include without mentioning the person to whom it was

ensured; the measure shall specify when and where and for what reason, to ensure the

things occurred.



(3) ensuring things for evidentiary purposes has priority over other reasons

ensuring things. The reason for ensuring you can change in the course of criminal proceedings

the resolution, against which a complaint is admissible. Because of the change

ensure there is no need to adjudicate in the case when the conditions are met

no forfeiture or prevent things that is secured to the

evidentiary purposes.



(4) if it does not jeopardise the achievement of the purpose of criminal proceedings, does not ensure the thing

worthless or thing whose collateral is inappropriate for other reasons. Always

However, ensure that the thing to be forfeited or be taken on the basis of

the Court's decision, which have not yet acquired legal force.



(5) unless otherwise provided by law, the rights of third parties to secured stuff

important for criminal proceedings apply only in proceedings relating to

civil. ".



38. under the first head of the fourth section of the fourth, after subsection 1 the following

a new subsection 2, including the title reads as follows:



"Subsection 2



Ensuring things for evidentiary purposes ".



39. section 78 and 79, including the following titles:



"§ 78



Obligation to submit or issue



(1) who has a thing that can be used for evidentiary purposes, it is required to

submit it to the Court, the public prosecutor or the police

authority; If it is necessary for the purposes of the proper findings of fact

important for the criminal proceedings shall be obliged to ensure that such a thing to

This prompted authorities to issue. When you are prompted, it should be noted,

that does not comply with the invitation, he may be the thing taken away, as well as other consequences

fail (section 66). Call for submission or issue is entitled to

President of the Chamber, in preliminary proceedings, the Prosecutor or the police

authority.



(2) the obligation referred to in paragraph 1 shall not apply to the Charter or to another

tangible medium containing video, audio or data record, which

the content relates to the circumstances of that prohibition on questioning, unless there has been a

exemptions from the obligation to maintain secrecy or to acquittal

obligations of confidentiality.



(3) you cannot force Anyone to submit or taken a thing that at a time when

her submission is requested or the release, can be used as evidence

against him or against him in; This is without prejudice to the provisions of

the withdrawal of the case, a search warrant, search warrant other premises and land and

personal search.



(4) if it is necessary for the purpose of preventing the destruction of the forfeiture or


prevents things, authority in criminal proceedings referred to in paragraph 1 shall issue

the statement that the person to whom the case was ensured, not for ensuring the

such a thing to any other person or to encumber it. Legal act

made in contravention of this prohibition is null and void; Court to the invalidity of the

even without taking into account the proposal. About how you need to teach this person.



(5) a person who has submitted or issued a thing which can be used for

evidential purposes, the authority that carried out the operation immediately a written confirmation

on the acceptance of the item or a copy of the Protocol; thing in them must be sufficiently

precisely described, so that it was possible to determine her identity.



(6) the Body active in criminal proceedings to which the thing was released, which may

serve for evidential purposes, takes her into custody.



(7) a person to whom a case has been ensured, is entitled to request reimbursement of the

that sort of thing. Such applications shall authority in criminal proceedings

referred to in paragraph 1 shall decide without delay. If the application is rejected,

It may be this person, unless new reasons, repeating until after the

the expiration of 30 days from the decision.



§ 79



The withdrawal of the case



(1) if the thing which can be used for evidential purposes, at the invitation

presented, or issued by, who has it on him, he may be on the command

President of the Senate, and in preparatory proceedings at the behest of the public prosecutor or

the police authority revoked. The police authority it needs to issue such

the prior approval of the public prosecutor; without the prior consent of the

the command can be issued to the police authority only if you cannot

the prior consent of reach and the matter urgent.



(2) if the authority fails to make that command to the things he published, the withdrawal of the case

himself, performs a cover of the police's authority.



(3) the withdrawal of the things possible, from requiring a person who is not on the things

involved.



(4) are removed from the thing shall apply by analogy to § 78 para. 4 to 7. ".



40. under the first head of the fourth section of the fourth behind section 79 the following

a new subsection 3, including the title reads as follows:



"Subsection 3



Ensure the instrumentalities and proceeds from criminal activity and the replacement values ".



41. Section 79a of up to 79 grams including the following titles:



"§ 79a



Ensure the instrumentalities and proceeds of crime



(1) if the facts Indicate that a certain thing is a tool

or the proceeds of crime, the President of the Senate and in the preparatory

the management of the public prosecutor or police authority may decide to provide

that sort of thing. The police authority to such a decision needs the previous

the consent of the Attorney General. The prior consent of the public prosecutor is not

in urgent cases, should be that they can't be in delay. Police authority

in such a case shall, within 48 hours of their decision to submit

to the Prosecutor, who either give their consent, or is canceled.

The decision on the complaint is admissible.



(2) in the decision or in the attached schedules is required

and accordingly to define things subject to ensure unmistakable. If

provided by law, which may be provided and the right only in the future

incurred. In the decision to provide it, to whom the case was ensured,

disables after notification of the decision to such a thing to another or

It has put, and if secured tangible thing, also, that it intentionally

damaging or destroying. If it is necessary for the purpose of securing or

the Administration secured the things can be in the decision regarding the securing of the case or even

subsequent decision to prohibit or restrict the exercise of other rights also

related with assured things, including rights only in the future

incurred, as well as the call for the release of all documents or other tangible

carriers, whose submission is required to exercise a right to

secured by stuff, with a warning of the consequences of non-compliance of such a challenge in

the prescribed time limit (section 66 and 79). The additional decision on the prohibition or

restrictions on the exercise of other rights related with things

the provisions of the decision regarding the securing of apply mutatis mutandis.



(3) in the decision to provide it, to whom the case was secured,

to law enforcement authority, which decided to ensure

within 15 days of notification of the decision said what the rights of third persons

related to the case, whether it is secured in any other way restricted the rights of her performance

to dispose of, and if it was to ensure the right of property, whether or not the person who is

required to provide the appropriate performance, with a warning of the consequences of

non-compliance of such invitation within the time limit (section 66).



(4) the Body active in criminal proceedings, which took the collateral, shall take

all acts necessary for the performance of such a decision.



(5) the decision on the complaint is admissible.



§ 2



The delivery of the decision on seizure and notification about it



(1) the authority in criminal proceedings, which took the collateral,

promptly deliver a decision regarding the securing of a body or person that are

relevant for the implementation of the collateral, and then, what authority or person shall

collateral, and the person for whom the case was secured. At the same time authorities or persons

competent to perform, to ensure, if it finds that the things

that was assured, treated that threatens the destruction of or worsening of the purpose

ensure, without delay, notify him of that fact. The authority or person

relevant for the implementation of the collateral shall, immediately after delivery

the decision to provide the make and do everything to ensure things needed to

to avoid infringement of the prohibitions and restrictions laid down in the decision

ensuring things.



(2) if the secured claim, and unless the claim on the account to

the Bank or any other body authorized to lead the account for another, the authority

active in criminal proceedings, which took the decision shall ensure

ensure the debtor of the claim and the owner also saves him instead

the performance of the owner of the subject of performance, he composed in his custody or to other

the specified point. The composition of the subject of performance into custody or to a specified location

the debtor their commitment in the range of the service provided. The decision on the

ensure the debtor shall be notified before the owner of the secured debt.



(3) where the Authority considers active in criminal proceedings, which took the

ensure necessary for achieving the purpose of the collateral, it shall notify the

ensuring things other than institutions and persons referred to in paragraph 1, that

on the basis of other legislation the stored records, supervisory


or other obligation in relation to the secured case or its owner

or the holder of, and at the same time asks you to give him, if it determines that it is

secured goods handled in a way that threatens to thwart the purpose of their

ensure, without delay, notify this fact; These bodies and persons

are required to meet such a challenge. In addition to ensuring informed persons and

authorities, for which he is known to have secured an option to purchase things,

lease or other right, or proceeding in which lead was restricted performance

rights with such things. Body active in criminal proceedings,

decided to ensure a share of the business corporation, of this fact

shall inform the legal power of such a decision is also the business corporation.



(4) the Body active in criminal proceedings, which took the ensuring real estate

things shall inform the land registry office on the legal force of such

decision.



§ 79c



Implementation of the collateral of movable property



(1) who has a movable thing, which may be subject to ensure it is

shall such a thing on the invitation of the President of the Senate, and in preparatory proceedings

the public prosecutor or police authority to issue; If it does, you may

him be withdrawn. On the procedure for the issue and the withdrawal of the movable property shall be used

Similarly, section 78 and 79.



(2) the authority in criminal proceedings, to issue an order for the withdrawal of

things may, in the assessment of all the relevant circumstances leave the movable thing

at the place where it is located, if the



and) withdrawal of such things would lead to its devaluation or to

the depreciation of the things with which it is functionally linked,



(b)) the withdrawal of such things would be associated with inadequate technical

difficulties,



(c)) it is a matter requiring special care or is it associated with care

disproportionate costs, or



(d)) it is a matter of negligible value.



(3) If a movable thing left in place where it is located, this

the fact is, along with the reason for such a procedure to the Protocol and the

movable thing is adequately define so as not to be confused with the other.

The competent authority responsible for issuing the deprivation of things at the same time issue a command to

refraining from dealing with things in which the movable thing properly and

the unmistakable shall define and forbid it ever legally treated

or in fact treated in a way that would lead to the destruction of the purpose of its

ensure in particular that has been converted to another injured, damaged

or destroyed. Prohibition of acts against all and is effective at the moment of posting

command on the spot where the movable thing is located; in this sense, it must command

include lessons learned, including warnings on the consequences associated with the violation of the

the ban. Legal action taken in breach of the prohibition referred to in the

is invalid, and the Court shall take into account the invalidity without design. Movable

thing left on the spot shall be marked so that it was clear that her

apply command to refrain from dealing with things.



(4) Leaving movables in the place where it is located, does not prevent the

body active in criminal proceedings the competent to decide on such things

Subsequently, whenever called for the release of such things or issued a command to

the withdrawal, if it considers that this is necessary from the perspective of the purpose of the detention.

Body active in criminal proceedings, to rule on the issued or

withdrawal of movable property may at any time decide that leaves it for reasons of

referred to in paragraph 2, the person that has been secured; When it progresses

mutatis mutandis in accordance with paragraph 3. It is not a complaint against this decision

permissible.



(5) a decision under Section 79a on the movable property that was

issued or withdrawn in accordance with paragraph 1, or that has been left in place

referred to in paragraph 2 must be given within 96 hours from the time of such Act.



(6) paragraphs 1 to 5 shall apply mutatis mutandis to the identified machines or other

fixed devices that are part of the immovable property and are

separable.



section 79 d



Inspection of immovable property



(1) on the basis of an order for examination of real estate property issued by the Chairman of the

the Chamber and the pre-trial judge on the proposal of the public prosecutor may

the Court or prosecutor or on the basis of their instruction of the police

authority shall carry out an inspection of immovable property and its accessories for the purpose of

determine the State of the immovable property and the assessment of the effectiveness of the latter.

Body active in criminal proceedings, conducting an inspection of immovable property

inform about the time and place of inspection, the owner of the immovable property or person,

It lives in a common household, and also the person that is known,

It has immovable property rights. These persons are required to explore real estate

the case and its accessories.



(2) the authority conducting the inspection, it may put the person whose participation

When an inspection is necessary, in particular for the purposes of the valuation of immovable property.



(3) if the examination of immovable property or movable machine detected

or other attached devices that are part of the immovable property and are

separable, for which there are grounds for seizure under Section 79a,

You can proceed by analogy with § 79c para. 2 to 5 without issuing the

a house search or inspection of other premises and land.



§ .79e



The effects of collateral



(1) legal actions taken by the person in respect of whom directed the prohibitions referred to in

the decision to provide, in violation of the prohibitions referred to in it, it is

invalid; about how you need to teach this person. Court to the invalidity of the

even without taking into account the proposal.



(2) goods, which are subject to the decision to ensure the

enforcement, public sale, execution or of insolvency proceedings

handle only with the prior consent of the President of the Senate, and in the preparatory

control of the public prosecutor; This does not apply if the enforcement is carried out

or if it is with this thing in enforcement or insolvency proceedings or in the

public auction managed to satisfy the claims of the State. To cover the

claims that are subject to enforcement, public auctions,

execution or insolvency proceedings are preferably used thing untouched

a decision on detention.



(3) if the transfer or to establish rights to secured the necessary write stuff

in the register kept under other legislation, authority or person,

that lead such evidence, may, after notification of the decision to provide

Enroll to such things on the basis of legal proceedings the person was

thing, only with the prior consent of the President of the Senate and in the

the preliminary proceedings, the Prosecutor.




(4) If, according to land registry Act filed for registration of the rights to

real estate property in the land register on the basis of legal proceedings

the person to whom the immovable thing assured, before issuing a resolution on the

collateral, and pending such resolution on secure it was about him

the competent authority of a final decision, losing his proposal, submitted

legal effect at the date of acquisition of the legal force of the resolution on its collateral.



(5) if the secured claim in the account, to ensure it applies to

the funds, which are found on the account at the time in which the

the Bank or any other body, who leads the account for another, delivered

decisions about their collateral, up to the amount specified in this

decision and its accessories. Exceeds the amount referred to in

the decision to ensure the balance of funds on the account, subject to the

to ensure even on funds that subsequently run out of account, and

It's up to the amount specified in the decision, including its accessories.

Unless otherwise provided in this Act, from the time of service of the order on the

ensure the claims on the bank account or another entity authorized

lead account for another is prohibited in any way dispose of cash

resources that are on your account, up to the amount of the collateral.



section 79e



Revocation or limitation to ensure



(1) ensuring things are canceled or restricted, unless it no longer needed or it

There is no need in the determined range. It was cleared to ensure things

She was left in a place where it is located, also appeals to delay command

We handle things.



(2) the person to whom a case has been ensured, has the right at any time to request a cancellation

or limitation of collateral. On such an application it is necessary to urgently

decide. If the application is denied, the person may, unless

the new grounds, repeating until after the expiration of 30 days from the decision.



(3) the revocation or limitation of collateral shall be decided by the President of the Senate, and in

the preliminary proceedings, the Prosecutor or with the prior consent of the

the police authority.



(4) the decision on the revocation or limitation of collateral is permissible

the complaint, which has a suspensory effect.



(5) the final decision on the abolition of the collateral shall be delivered to, and constraints

authorities and the persons to whom it was delivered a decision on detention. Authorities and the

persons who have been informed of the decision to provide, you must

inform about the decision referred to in the first sentence; on the limitation of collateral

notify only those of them which the restriction refers to.



§ 79 grams



Ensure the replacement values



(1) If you cannot ensure that the thing that is an instrument or proceeds of crime

activities may be provided instead of the replacement value, which corresponds to,

even if only in part, its value; in doing so, proceed by analogy with the

the relevant provisions governing seizures, which is an instrument

or the proceeds of crime (Section 79a to 79e). Replacement value can be

ensure that the person who had the obligation to endure to ensure the original stuff.



(2) the President may, for important reasons of the Senate, and in preparatory proceedings

State representative, on the proposal of the person that was the replacement value

assured of the Act, which applies to secured the replacement values.

Against this decision is admissible a complaint, which has suspensive

effect. ".



42. under the first head of the fourth section of the fourth behind § 79 grams is added to

new subsection 4, which including the title reads as follows:



"Subsection 4



Return, release and other waste things relevant to criminal

control ".



43. the heading above section 80 shall be repealed.



44. In § 80 para. 1 the first sentence, the words "in accordance with § 78 released or pursuant to §

79 "shall be replaced by" or "released.



45. In § 80 para. 1 at the end of the fourth sentence of the text, the words "; thing

worthless shall be destroyed ".



46. In § 80 para. 1 and 2, the last sentence shall be deleted.



47. In paragraph 80, the following paragraph 4 is added:



"(4) case on the basis of the decision of sale referred to in paragraphs 1 and 2 will sell

the one who has it in the Administration, or the one who is in charge of sales,

the procedure under special legislation. ".



48. In article 81 paragraph 1. 1 the first sentence, the words "the accused released or withdrawn

the thing received or is likely to get a criminal offence "shall be replaced by

the words "issued or revoked thing that was obtained or was

probably obtained a criminal offence ".



49. In article 81 paragraph 1. 2 the first sentence, the word "accused" is replaced by "because you

to whom a case has been ensured ".



50. in § 81 para. 2 the second sentence, the words "for the danger of destruction" be deleted and the

the word "accused" shall be replaced by the words "to ensure it,".



51. In article 81 paragraph 1. 2 the third sentence, the words "that the accused was awarded"

replaced by the words "obtained" and the words "If the accused has not requested"

replaced by the words "did not apply if the person who was assured".



52. In paragraph 81, the following paragraph 5 is added:



"(5) in accordance with paragraphs 1 to 4 shall also apply mutatis mutandis, if the

ensure unknown person or thing if the person to whom the matter was

assured, dying, was declared dead or missing or

ceased to exist, is not known to the person to whom the thing could be issued, and such things

It is no longer needed for further proceedings. ".



53. In section 81a, the words "of the funds in the account, book-entry

securities, real estate and other intangible things that were

provided in accordance with § 79a to .79e "shall be replaced by" immovable property and

intangible things that have been secured under Section 79a of the "and the words" in accordance with §

79e "are replaced by the words" in accordance with § 79 grams ".



54. In § 85 para. 3, the words "in § 79 paragraph 2. 5 "shall be replaced by the words" in § 78

paragraph. 5. "



55. In article 130 paragraph 1. 2 the words "legal representative" shall be replaced by

"the guardian".



56. In article 130 paragraph 1. 3, after the words "legal representative" the words

"or guardian" and after the words "legal representatives" with the words

"or guardian".



57. In article 137 para. 2 the second sentence, the words "deprived of the capacity to

legal capacity or capacity to act is limited, "

replaced by the words "which is not fully enjoys or whose legal capacity is

limited and ".



58. In article 137 para. 2 at the end of the text of the second sentence, the words "or

guardian ".



59. In article 137 para. 3 the first sentence, the words "which is deprived of the capacity to

legal capacity or the capacity to perform legal acts is limited "

replaced by the words "whose legal capacity is limited" and the words "lawful

the representatives of "shall be replaced by the word" guardian ".



60. In article 137 para. 3 the second sentence, the words "capacity to act"


shall be replaced by "legal capacity".



61. In paragraph 143 of paragraph 1. 1, § 248 paragraph. 2 and § 265e para. 2, the words

"legal representative" are replaced by the word "guardian".



62. In paragraph 144 of paragraph 1. 3 § 250, para. 3 and § 280 para. 4, the words "legal

representative "shall be replaced by the word" guardian ".



63. In § 146a of paragraph 1. 1 letter c) is added:



"(c)) thing about the established facts indicate that it is

tool or the proceeds of crime, decided to limit such

security or has not complied with a request for revocation or limitation of such

ensure ".



64. In § 146a of paragraph 1. 1, points (d) to (f))) shall be deleted.



Subparagraph (g)) to l) shall become points (d) to (i))).



65. In § 146a of paragraph 1. 1 (b). (d)), the text "(section 79e)" is deleted.



66. In § 146a of paragraph 1. 1 (b). (e)), the text "(§ 79 grams)" is deleted.



67. In § 146a of paragraph 1. 1 (b). (f)), the text "(section 47 and section 48 para. 2 to 4) "

repealed.



68. In § 146a of paragraph 1. 1 (b). (g)), the text "(section 344a, 344b, 347 and 349)"

repealed.



69. In § 146a of paragraph 1. 1, letter g) the following point (h))

added:



"h) ensure assets for performance purposes prevents under assets, decided to

the limitations of such collateral, did not perform the Act concerning

seized property, or has not complied with a request for revocation or limitation

such collateral ".



Subparagraph (h)) and i) are referred to as letters i) and (j)).



70. in § 146a of paragraph 1. 2 the words "pursuant to section 66 paragraph 1. 1, Section 79a of the paragraph. 1, §

paragraph 2, § 79c. 2, 3 and 5, § 79 d of paragraph 1. 1 and 7, § .79e para. 1, 2 and 8, §

79e para. 1 or § 79 grams "are replaced by the words" which have decided to save

fine, changed the reason for securing things, thing

the established facts indicate that it is a tool, or the income from the

crime, decided to limit such security or has not complied with

a request for revocation or limitation of such collateral, secured the replacement

a value judgment on the restrictions to ensure the replacement value or fail

a request for revocation or limitation of such collateral ".



71. In section 158 paragraph 2. 5, and in section 233 para. 1, after the words "legal representative"

the words "or guardian".



72. In Section 163a para. 1 (b). (b)), the words "has been deprived of the capacity to

legal capacity, or that it was his capacity to perform legal acts "

replaced by the words "was his legal capacity".



73. In paragraph 173 of paragraph 1. 2, the first sentence is inserted after the phrase "providing things

important for the criminal proceedings and during the break of the criminal takes

prosecution. ".



74. In § 178 odst. 1 the words "protective treatment or security

detention or protective upbringing or the prevents things "shall be replaced by

"some of the protective measures".



75. In paragraph 196 of paragraph 1. 1 the first sentence, the words "deprived of the legal

capacity or if his competence to perform legal acts is limited "is replaced by

the words "limited in incapacitation" and the words "legal representative" with the

shall be replaced by the word "guardian".



76. In paragraph 196 of paragraph 1. 1 sentence of the third paragraph and section 230. 3, the word "stuff"

the words "or part of the assets".



77. the heading above section 239 is added:



"Protective measures".



78. In article 239 para. 1 the words "treatment, detention or about security

prevents the things "shall be replaced by the word" measures ".



79. In article 239 para. 2 the words "healing, about security detention and about the

prevents the things "shall be replaced by the word" measures ".



80. in section 239a, the following paragraph 4 is added:



"(4) Likewise, in accordance with paragraphs 1 to 3 shall proceed in the proceedings to prevent

part of the property. ".



81. In paragraph 246 para. 1 at the end of the text of subparagraph (c)), the words "or

prevents part of the assets ".



82. In paragraph 247 of paragraph 1. 2 sentence third paragraph and in section 265d. the fifth sentence the words 2

"deprived of legal capacity or if his capacity to

legal capacity is limited "is replaced by" limited in incapacitation "and

the words "legal representative" shall be replaced by the word "guardian".



83. In article 257 paragraph. 2 the term "i)" shall be replaced by "to)".



84. In § 278 at the end of paragraph 2 the following sentence "restoration procedure, which

ended by a final court resolution to halt a prosecution for

inadmissibility for reasons mentioned in section 11 (1) 1 (b). f) or (g))

enables changes to the State of health of the accused so that the defection of the reasons

to prevent his prosecution. ".



85. In § 278 at the end of paragraph 3 the following sentence "restoration procedure, which

ended by a final resolution of the Prosecutor to stop the criminal

the prosecution as inadmissible on the grounds referred to in section 11 (1) 1 (b). (f))

or (g)), shall be allowed, if the State of health of the accused, so that

the reasons for his defection to prevent prosecution. ".



86. In paragraph 308 of paragraph 1. 3, the word "f)" is replaced by "(h))".



87. In article 314e para. 6 (a). and) the words "which is deprived of the capacity to

legal capacity or capacity to act is "be replaced by

the words "whose legal capacity is."



88. under the third head of the 20th the first section heading of the seventh:



"The performance of the protective measures".



89. in paragraph 358, the following new section 358a and that including heading 358b

shall be added:



"§ 358a



Performance prevents part of the assets



On the performance of part of the assets avoids shall apply mutatis mutandis to section 345 and 346.



§ 358b



Ensure performance prevents part of the assets



(1) if the accused Is prosecuted for an offence for which it is to be given to the

the nature and gravity of the offence and the circumstances of the accused expected

Save prevents part of the assets, the Court and, in preliminary proceedings the State

representative to ensure things the accused or of another person where revision

the facts established that the conditions are met to prevent them

pursuant to section 102a of the criminal code.



(2) to ensure that you cannot take the assets that are under a special legal

prescription excluded from enforcement of the collateral.



(3) the decision on the complaint is admissible.



(4) On making a decision on securing the exercise of part of the assets and how to prevent

while ensuring the otherwise applicable § 47 para. 4 to 6 and § 47 para. 8

by analogy. The decision on the revocation or limitation of collateral and to allow

the Act of the seized assets shall apply by analogy to § 344b. ".



PART THREE



Amendment of the Act on property in the Czech Republic and its representation in legal

relations



Article IV



In § 16 para. 2 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations, the words "the penalty of forfeiture of

^ 29) property Affairs and resources for which the doubts that may arise

they are necessary to meet the basic needs of the convicted person, or

people whose nutrition or education of the person obliged to take care ^ 30) and


are the assumptions that could be claimed for their exemption ^ 31)

the appropriate organizational unit (section 11) carrying out the punishment of confiscation of the

assets disposed of with these things and means only after 3 months from the

the date on which the judgment became legally valid "shall be replaced by the words" the punishment of confiscation of the

property or protective measure prevents part of the assets of the 29 ^ ^), and

resources, which may arise from doubts about whether they are strictly

necessary to satisfy the basic needs of the convicted person, or other person whose

part of the property was seized, or people whose nutrition or education is

the convicted person is obliged to take care or this ^ 29), and the assumptions,

that could be claimed for their exemption ^ 30), the

organisational unit (section 11) carrying out the punishment of confiscation of property, or

protective measures to prevent part of the assets disposed of with these things and

funds up after 3 months from the date on which the decision took

legal power. "



Footnote # 29 and 30:



"29) section 66 and 102a of the criminal code.



30) § 346 paragraph 1. 1 of the criminal procedure code and article 358a. ".



Footnote 31 is repealed.



PART FOUR



Amendment of the Act on the judiciary in matters of youth



Article. In



Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain acts (the Act on

the judicial system in matters of youth), as amended by law no 383/2005 Coll., Act

No 253/2006 Coll., Act No. 345/2007 Coll., Act No. 129/2008 Coll., Act

No 41/2009 Coll., Act No. 181/2007 Coll., Act No. 301/2007 Coll., Act

No 357/2010 Coll., Act No. 375/2007 Coll., Act No. 459/2007 Coll., Act

No 193/2009 Coll., Act No. 390/2009 Coll., Act No. 45/2013 Coll., Act

No 77/2015 Coll., Act No. 86/2015 Coll., Act No. 150/2016 Coll. and act

No. 250/2016 Coll., is amended as follows:



1. In article 11 (1) 2 first sentence, section 20 (2). 2 the first sentence and section 20 (2).

3, after the words "representatives" shall be inserted the word "guardian".



2. In article 11 (1) 2 the second sentence and in § 20 para. 2 the second sentence after the word

"representative" shall be inserted the word "guardian".



3. In article 20 (2). 1, after the word "representative", the words "or

guardian ".



4. in section 21 para. 1, after the words "things ^ 9)" the words ", prevents the

part of the assets ^ 37) ".



Footnote No. 37:



"37) section 102a of the criminal code.".



5. in section 21 para. 2, the words "and avoid the things" shall be replaced by ", prevents the

things, and prevents the part of the assets ".



6. In the title of § 43, after the words "representative", the words "or

the guardian ".



7. In § 43 para. 1, after the words "legal representative" and after the words "legal

the representative of "the words" or guardian ".



8. In section 43 at the end of paragraph 1, the following sentence "the legal representative or

the guardian of the young person also has the right to ask questions of the persons examined,

look in the files, with the exception of the Protocol on the vote and personal data

a witness pursuant to § 55 para. 2 of the code of criminal procedure, the claims of these excerpts and

notes and take the cost of a copy of the files and their parts ".



9. In article 43, paragraph 2 reads as follows:



"(2) in the event that there is a risk of delay and legal representative or

the guardian of the young person cannot exercise their rights referred to in paragraph 1

or if the guardian has not been appointed, although there are reasons for his

the provisions of the President of the Senate and, in preliminary proceedings, the Prosecutor

establishes juvenile to exercising these rights of the guardian. Another person than

a lawyer can be appointed guardian only with its consent. It cannot be

establishing a person can have a reasonable concern that for your interest in

the result of the proceeding will be duly defend the interests of the young person. Resolution on the

the provisions of the guardian shall be notified to the person who is appointed by, and

does not exclude the nature of things, whether or not a juvenile. Against the resolution on the

the provisions of the custodian is admissible a complaint. ".



10. In section 44 para. 2 the first sentence after the word "representative" shall be replaced

"or guardian".



11. In paragraph 44, the following paragraph 4 is added:



"(4) a young person who is not a Lawyer fully enjoys may exercise

the rights referred to in § 41 para. 2 and 3 of the code of criminal procedure, even against the will of

juvenile. ".



12. In § 46 para. 2 and in section 60, after the words "representative", the words "or

guardian ".



13. in § 54 para. 1 the first sentence, after the words "Attorney, guardians"

inserted the word "guardian" and the words "agent, guardian"

the words "and the guardians".



14. in section 64 shall be inserted at the beginning of paragraph 2, the phrase "President of the Senate can be

a copy of the indictment to deliver also the legal representative or guardian

juvenile. ".



15. In § 64 para. 2 the second sentence, after the words "whether or not" the words

"the legal representative or guardian of the juvenile and".



16. in section 67 para. 1, the word "also", the words "legal representative

or guardian of the juvenile, ".



17. In article 67, the following paragraph 3 is added:



"(3) announces the juvenile, which is not fully enjoys the resolution,

against which it has the right to lodge a complaint, you need to notify to him, so

even its advocates and its legal representative or guardian. "



18. In paragraph 72, at the end of paragraph 1, the following sentence "appeal and the appeal in

favour of a young person is not fully enjoys can be given, and

against his will, whether or not its legal representative or guardian and its

advocate. ".



19. in paragraph 72, the following new section 72a, which including the title reads as follows:



"§ 72a



The deadline for lodging an appeal and the withdrawal



(1) the time limit for bringing an appeal against a decision

delivers or Announces as a juvenile, and his lawyer, or

legal representative or guardian, runs from effected, or

the announcement, which was carried out at the latest.



(2) a complaint against the order or appeal against the judgment, filed in

favour of a juvenile other authorised person or a young person

counsel or legal representative or guardian may be taken

back only with the express consent of the juvenile. The Prosecutor may, however,

take such a challenge back even without the consent of a juvenile; in this

the event runs juvenile new time limit for appeal from the

Notice that the appeal was withdrawn.



(3) the application for reopening proceedings brought for the benefit of the young person

other authorised person or young person an advocate or a legal

representative or guardian may be withdrawn only with the express

consent of the young person; This does not apply if such a proposal filed by State

representative or, if such a proposal was filed by an authorized person after death

juvenile. ".




20. in section 88a of paragraph 1. 3 (b). (c)), after the word "stuff" the words "or

protective measures to prevent part of the assets ".



21. in section 91 paragraph 2. 1, after the words "legal representatives" the words "or

the guardian ".



22. in paragraph § 95a. 1 third sentence, the words "the parents or other legal

representative "are replaced by the words" legal representative or guardian ".



23. in paragraph § 95a. 3 and § 95a paragraph. 4 the second sentence, after the words "legal

the representative of "the words" or guardian ".



PART FIVE



Amendment of the Act on the enforcement of the property and things in criminal proceedings



Čl.VI



Act No. 279/2003 Coll. on the execution of the property and Affairs of the criminal

management and amending certain laws, as amended by law No 112/2006 Coll.

Act No. 115/2006 Coll., Act No. 253/2006 Coll., Act No. 218/2009 Coll.,

Act No 420/2007 Coll., Act No. 18/2009 Coll., Act No. 193/2009 Coll., and

Act No. 86/2015 Coll., is amended as follows:



1. In article 1 (1). 1, after the word "punishment" the words ", performance

the protective measures will prevent part of the assets ".



2. in paragraph 1 of the text at the end of paragraph 3, the words "unless the

the thing about the sale decision was made pursuant to section 80 of the code of criminal procedure ".



3. In article 1 (1). 5 the first sentence after the word "stuff" the words ",

the proposal to prevent part of the assets ".



4. In section 2, the following shall be added at the end of paragraph 1, the sentence "the decision to ensure the

delivered to the person or body responsible for the implementation of the collateral, and

After the authority or person shall provide, and the person for whom it was a matter of

assured. At the same time the Court authority or person responsible for the implementation of

ensure prompt, so that, if it finds that the property that has been

secured, shall be treated, that threatens to thwart or impede the purpose of ensuring

He immediately notified of this fact. ".



5. In article 2 (2). 2 the second sentence, after the words "the law", the words "and

unless the claim against the Bank on the account or to another entity

authorized lead account for another ".



6. In article 2 (2). 3, the first sentence is replaced by the phrase "if it sees fit, the Court,

who decided to ensure, as necessary for the purpose of ensuring

shall inform the other institutions and to ensure people who have, on the basis

special legislation imposed accounting, supervisory, or other

the obligation in relation to a secure asset or its owner or

holder, and at the same time asks you to give him, if it finds that it is the

seized assets are treated in a way that threatens to thwart the purpose of its

ensure, without delay, notify this fact; These bodies and persons

are required to comply with such a call. ".



7. In article 2 (2). 3, the following sentence "the first sentence of the Court which ruled on the

ensuring a share of the business corporation, shall inform after

the legal force of such decisions also business corporation. ".



8. In article 2 (2). 3 the third sentence, the word "property" is replaced by

"immovable property" and the words "real estate" is replaced by "with the immovable

things ".



9. in section 2 (2). 4, after the words "such registration", the words "on the basis of the

legal proceedings the person to whom the property has been secured, "and the words"; in

the case of the registration of rights to real estate in the land register secured

According to the land registry law, consent is only required if

is implemented on the basis of a legal act by which the accused

disposes of the property "shall be deleted.



10. section 5 and 6, including the following titles:



"§ 5



The discovery of movable assets



(1) the Court is entitled to determine the movable property for the purposes of the performance of

the decision to provide the required personal examination of the accused and a tour of the

an apartment or other premises used for housing or space to them

belonging ("the dwelling"), and other premises and land where you can

assume that the accused has his property; These tours runs the authority

that is ordered, or a police authority.



(2) the inspection authority may, that tour is performed, add also the person

whose participation during the inspection is needed in particular for the purposes of the proper

identification, valuation and security identified the sale of goods.



(3) a person who performs the inspection, prepare and of movable property to which the collateral

and if they are not movable found during the examination referred to in

decision regarding the securing of assets, will fill those of them that are not in accordance with

This law of excluded. It should be drawn up of movable property

appropriately defined so that they are not interchangeable with the other.



(4) if it is not in paragraphs 1 to 3 shall apply, unless otherwise specified on the

Regulation and enforcement of the provisions of the code of criminal procedure, mutatis mutandis, tours of the personal

the search warrant, search warrant and the search warrant other premises and land.



(5) If the accused person has the right to release or delivery of movable property,

shall transfer these things to the Court or in its instruction to the person who is responsible for

management of seized property.



(6) any person who has a movable assets from the assets of the accused, it is after

a decision regarding the securing of property, shall, without delay, about

notify the Court or the person who has been entrusted with the administration of the secured assets.



§ 6



Management identified by the movable things



(1) if it is necessary for the purposes of ensuring things written, pursuant to section 5 shall

who is he, withdraw, if the challenge is issued; in doing so,

proceed by analogy with § 78 and 79 code of criminal procedure. The authority conducting the

a tour of the may assessment of all the relevant circumstances, leave the

matter where it is located, if the



and withdrawal of such things) would have led to its deterioration or to

the depreciation of the things with which it is functionally linked,



(b)), the withdrawal of such things has been associated with inadequate technical

difficulties,



(c)) it is a matter requiring special care or is it associated with care

disproportionate costs, or



(d)) it is a matter of negligible value.



(2) If a movable thing left in place where it is located, this

the fact is, along with the reason for such a procedure to the inventory and the thing

define properly so as not to be confused with the other. Authority

at the same time issues the inspection to refrain from dealing with

things, in which case properly and unmistakably define, and disables the

was ever legally or de facto, of the branch, and usage in a way that would

thwarting the purpose of the led to ensure in particular that has been converted to

another injured, damaged, or destroyed. Prohibition of acts against all and is

effective upon posting the statement on the place where the thing is located; in this

the meaning of the command must include the lesson, including a warning of the consequences of


associated with the violation of the ban. Legal action taken in breach of the prohibition

specified in the command is invalid, and the Court shall take into account to the invalidity of the

without design. Movable thing left on the spot shall be marked so as to be

clearly, that applies to it the command to refrain from dealing with things.



(3) Leaving movables in the place where it is located, does not prevent the

body active in criminal proceedings the competent to decide on such things

According to the code of criminal procedure at any time subsequently called for the release of such things or

issued a command to its withdrawal, if it considers that this is necessary from the point of view

the purpose of the detention.



(4) the authority in criminal proceedings the competent to decide on the matter issued by the

or withdrawn in accordance with the criminal procedure code may at any time decide that leaves it

for the reasons mentioned in paragraph 1 for the person to whom it was provided; in doing so,

shall proceed mutatis mutandis pursuant to paragraph 2. Against such a decision is not

the complaint admissible.



(5) paragraphs 1 to 3 shall apply mutatis mutandis to the identified machines or other

fixed devices that are part of the immovable property and are

separable. ".



11. In the heading of section 7, the words "book-entry securities," shall be deleted and the

the words "and other" shall be replaced by the words "in cash and".



12. In paragraph 7 (2). 1 the first sentence, after the words "book-entry securities"

the words "and investment tools".



13. in section 7 (2). 1 the first sentence and second sentence, and paragraph 7 (1). 5, after the words

"book-entry securities", the words "and investment tools".



14. in section 7 (2). 1 the second sentence, after the words "book-entry securities"

the words "and investment instruments".



15. in section 7 (2). 1 at the end of the text of the second sentence, the words "and

investment instruments ".



16. In the heading of section 8 the word "property" is replaced by "immovable

things ".



17. in § 8 para. 1 the first sentence, the word "property" is replaced by

"immovable property".



18. in § 8 para. 1 the second sentence, the word "property" is replaced by

"the real thing".



19. in § 8 paragraph 2 reads as follows:



"(2) on the basis of an order for examination of real estate property issued by a court, and in

preliminary proceedings by the judge on the proposal of the public prosecutor or the Court may

the Prosecutor, or on the basis of the instruction of the police authority to perform

inspection of immovable property and its accessories in order to determine the status of

immovable property and assess the effectiveness of the latter. Authority

law enforcement conducting the inspection of immovable property shall notify the time and

site inspection, the owner of the immovable property or a person who lives with him in the

a common household, and also the person that is known, that has real estate

the case law. These persons are required to explore the real estate property and its

allow the accessories. The authority conducting the examination may add to it

persons whose participation in the inspection is needed, in particular for the purposes of

valuation of immovable property. If the examination of real estate property found movable

thing or a machine or other attached devices that are part of the

immovable property and are separable, for which there are reasons for their

ensure you can ensure by leaving in place even without the issue of the

tour of homes or other premises, and inspection of land; in doing so,

proceed by analogy with § 6 para. 1 to 3 ".



20. In § 8 para. 3, the first sentence shall be deleted.



21. in § 8 para. 3, the words "this resolution" be replaced by "resolution

of the ensuring of immovable property ".



22. in section 10, paragraph 1. 1 (b). (b)), the words "or" shall be deleted.



23. in section 10, paragraph 1. 3, the words "or the owner" shall be deleted.



PART SIX



Amendment of the Act on the criminal liability of legal persons and proceedings against them



Article. (VII)



Act No. 418/2007 Coll. on criminal liability of legal persons and proceedings

against them, as amended by Act No 105/2013 Coll., Act No. 141/2014 Sb.

Act No. 86/2015 Coll., Act No. 375/2015 Coll., Act No. 135/2016 Coll.

Act No. 183/2016 Coll. and Act No. 455/2016 Coll., is amended as follows:



1. in article 15, the end of the text of paragraph 2, the words "or the prevents

part of the assets ".



2. in article 15, paragraph 2. 3 the second sentence, after the words "financial penalty"

the words "or the prevents part of the assets" and the words "in addition to forfeiture"

the words "the same parts".



3. In the third section, in the title of title IV is replaced by the word "TRADE"

the word "TRADE".



4. under section 26 the following new section 26a, which including the title reads as follows:



"§ 26a



Prevents part of the assets



The Court may impose a legal person protective measure prevents the part

assets under the conditions laid down in the criminal code. ".



PART SEVEN



Amendment of the Act on international judicial cooperation in criminal matters



Article. (VIII)



Act No. 104/2013 Coll., on international judicial cooperation in matters

criminal matters, as amended by Act No. 77/2015 Coll. and Act No. 86/2015 Sb,

be amended as follows:



1. in § 9 para. 4 (b). (f)), after the words "legal guardian" is inserted

the word "guardian".



2. in § 14 para. 2 (c)):



"(c)) if limited in incapacitation".



3. § 47 para. 2 (a). (b)) after the word "asset", the words ",

the performance of a financial penalty, or part of the assets avoids performance "and the words

"fifth" section with the words "and the seventh".



4. In section 226 paragraph 1. 1 (b). a), the words "or is the proceeds of crime"

replaced by the words "(hereinafter referred to as" crime "), or has been

obtained by the criminal offence or as a reward for a criminal offence, or has been, even if

only partly, acquired as a matter of a criminal offence or obtained as a matter of forming

the reward for the crime, including the fruits and benefits (hereinafter referred to as "the proceeds of crime

the activities of the ")".



5. In § 278 paragraph. 1 (b). and that) the words "obtained a criminal offence

or as a reward for it, or has been, even if only in part, acquired a thing

that was obtained by the criminal offence or as a reward for him, or

the replacement value of the thing the Court can declare a forfeit or

occupied by "shall be replaced by the words" which is the proceeds of crime or

the replacement value for the proceeds of crime ".



6. In § 278 paragraph. 1 (b). (b)), the words "has been made, or used to

Commission of the offence "shall be replaced by the words" is a tool of criminal

activities ".



7. In § 278 paragraph 2, including footnote No 25:



"(2) in accordance with this part shall also, when recognition and enforcement

final decision of a Court of another Member State, issued in the

criminal proceedings which have been saved will prevent asset ^ 25).



25) article 5 of Directive of the European Parliament and of the Council/42/EU of 3.

April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime

activities in the European Union. ".




8. In paragraph 292 paragraph 2. 1 at the end of the text of subparagraph (c)), the words ", or

It was saved under assets. "prevents the



PART EIGHT



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the 15th day following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.