Act No. 105 / 2013 Coll.
Act on the amendment of certain laws in connection with the adoption of the Act on International Judicial Cooperation in Criminal Matters
Valid
Law
Effective from 01.01.2014
Contents
ČÁST PRVNÍ
Čl. I
㤠76a
㤠350h
㤠364a
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
㤠4
ČÁST ŠESTÁ
Čl. VI
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
㤠34a
ČÁST JEDENÁCTÁ
Čl. XI
㤠405a
ČÁST DVANÁCTÁ
Čl. XII
ČÁST TŘINÁCTÁ
Čl. XIII
㤠42
ČÁST ČTRNÁCTÁ
Čl. XIV
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105
THE LAW
of 20 March 2013
amending certain laws in connection with the adoption of the Law on International Judicial Cooperation in Criminal Matters
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / No.
1. In Paragraph 11 (1), the word "or 'shall be deleted at the end of point (i).
2. In Article 11, at the end of paragraph 1, the dot is replaced by "or 'and the following point (k) is added:
"(k) against the person in respect of whom the criminal proceedings for the same offence have been brought to a foreign State, where a criminal offence or a protective measure which he has carried out or which he has already carried out for that purpose has been imposed on him by a foreign court, or is not enforceable under the law of that State, or the foreign court has been definitively waived or a final decision to exonerate him."
3. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) The prosecution cannot be initiated and, if it has already been initiated, it cannot be continued and it must also be terminated if a decision has been given by a court or other judicial authority of a Member State of the European Union or of a State associated with an international treaty to implement the Schengen rules for the same act,
(a) a person has been ordered to suffer a final sentence or a safeguard measure which he or she has already carried out, or which cannot be executed under the law of that State, or which has been definitively waived; or
(b) the person has been definitively acquitted or has the effect of having the final cessation of prosecution, unless:
1. does not create in the State in which it was issued a final obstacle to the matter,
2. Issued solely on the grounds that criminal proceedings against the same person have been brought in another State for the same offence,
3. Issued solely on the grounds that the act is not a criminal offence or does not fall within the competence of the authorities of the State which issued the decision; or
4. Issued solely for one of the reasons set out in paragraph 1 (a), (c) to (e), (i) or (j). ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
4. In Article 11 (3), the words "or 2 'shall be inserted after the words" paragraph 1'.
5. Paragraph 11 (5) reads as follows:
"(5) The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to decisions of the International Criminal Court, the International Criminal Tribunal, or, where appropriate, a similar international judicial authority having jurisdiction in criminal matters which satisfy at least one of the conditions set out in Paragraph 145 (1) (a) of the Act on International Judicial Cooperation in Criminal Matters, not on the grounds of a lack of its competence or due to the lack of the seriousness of the offence or danger of the offender."
6. In Article 12 (10), the words "and the Act on International Judicial Cooperation in Criminal Matters' shall be inserted after the words" the procedure under this Act shall be understood as follows'.
7. In Paragraph 28, the sentence "If the defendant exercises the right referred to in Paragraph 2 (14), the interpreter shall, at his request and in his consultation with the lawyer during the procedural proceedings, be added at the end of paragraph 1."
8. In the first sentence of Paragraph 28 (2), the words ", Order on the order of observation of the defendant in the medical institution 'shall be inserted after the word" custody'.
9. In Article 28, paragraphs 4 and 5 are added:
"(4) In accordance with the conditions laid down in paragraph 1, a document other than that referred to in paragraph 2 shall also be translated in writing to ensure a fair trial, in particular for the proper exercise of the right of defence, to the extent specified by the criminal proceedings authority, which is strictly necessary to acquaint the defendant with the facts which he is accused of; If the reasoned application by the defendant, who has exercised the right referred to in Article 2 (14), is not complied with to obtain a translation of such a document, the law enforcement authority shall decide by a resolution. Instead of a written translation according to the first sentence, the document or its essential content may be translated; the provisions of the first sentence shall not apply if the document or its essential content has already been translated into the language of the defendant or if the defendant, having been informed, declares that he does not require the translation of the document. A complaint is admissible against a decision under the first sentence. The procurement of the translation and its delivery shall be provided by the law enforcement authority conducting the proceedings.
(5) The rights referred to in paragraphs 1 and 4 also belong to the suspect. "
10. In Paragraph 30 (2), the words "detention order 'are inserted after the words" issued'.
11. in Article 36 (4), the word "or" shall be added at the end of point (a).
12. in Paragraph 36 (4), the comma shall be replaced by a dot at the end of point (b) and points (c) to (f) shall be deleted;
13. in Article 51b (2), at the end of the text of the second sentence, the words "and a copy thereof shall be sent not later than 30 days after the date of instruction to the National Security Authority."
14. in Article 65 (4), the words "and the national member of Eurojust" shall be inserted after the words "the institutions."
15. in Article 72a (5):
"(5) The duration of the detention procedure (Article 265l (4) and Article 265o (2)), the infringement complaint (Article 275 (3)), the application for renewal (Article 282 (2) and Article 287), after the annulment of the sentence by the Constitutional Court (Article 314k (1)) or the enforcement proceedings (Article 350c (1)), shall be examined separately and independently of the detention in the main proceedings. The first sentence shall apply mutatis mutandis to links in proceedings under the Law on International Judicial Cooperation in Criminal Matters. ';
16. in Article 73a (1), the words "aggression (Article 405a of the Penal Code)" shall be inserted after the words "apartheid and discrimination against a group of people (Article 402 of the Penal Code),";
17. The following Section 76a is inserted after Section 76:
Detention order
(1) If one of the grounds for detention is given and the person suspected of committing the offence is not able to deliver a copy of the order initiating the prosecution and such person cannot be summoned, demonstrated or detained without delay, the Judge, acting on a proposal from the Prosecutor, shall issue a warrant for his detention.
(2) The detention order shall contain, in addition to data ensuring that the person to be detained is not confused with another person, an exact description of the reasons for which it is issued. It shall be accompanied by a copy of the resolution initiating the prosecution.
(3) The detention shall be carried out on the basis of an order by the police authorities, which are also required, if necessary, to trace the whereabouts of the suspect.
(4) The police authority which has detained the suspect on the basis of an order must immediately deliver to him a copy of the order initiating the prosecution, hear him and, with a protocol on his questioning and other evidence, forward him to the prosecutor in such a way that he may, where appropriate, submit a motion for his detention within 48 hours of the detention; otherwise such a person must be released.
(5) The judge to whom the detained person has been supplied shall proceed accordingly in accordance with Paragraph 77 (2). "
18. in Article 83c (2) (a), the words "detention order" shall be inserted after the words "issued."
19. in Paragraph 87b, paragraph 3 is deleted;
Paragraph 4 shall become paragraph 3.
20. in Article 87b (3), the part of the sentence of the second sentence, including the semicolon, shall be deleted;
21. in Paragraph 158e, paragraph 8 is deleted;
22. in Articles 159a (2), 172 (1) (d), 179c (2) (e) and 223 (1), the words "paragraph 1" shall be deleted;
23. In Paragraph 166, the sentence "The defendant who has exercised the right referred to in Paragraph 2 (14) shall be added at the end of paragraph 1, at the same time, be invited to state whether he requests the translation of certain documents pursuant to Paragraph 28 (4)."
24. in Article 172 (2) (b), the words "or by an international criminal court, an international criminal tribunal or, where appropriate, a similar international judicial authority having jurisdiction in criminal matters, even if they do not comply with one of the conditions set out in Article 145 (1) (a) of the Law on International Judicial Cooperation in Criminal Matters," shall be inserted after the word "the Office."
25. in Article 173 (1) (d), the words "where the transfer of a criminal prosecution is proposed abroad or" shall be deleted.
26. In Paragraph 227, "3 'is replaced by" 4'.
27. in Paragraph 327 (1):
"(1) The court may waive the execution of the sentence or the remainder of the sentence if the sentenced person has been or is to be:
(a) extradited to a foreign State or transferred to a foreign State pursuant to Part Five, Title II, of the Law on International Judicial Cooperation in Criminal Matters; or
(b) expelled. ';
28. Paragraph 327 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
29. In Paragraph 327 (2), the words "referred to in paragraph 1 or for expulsion referred to in paragraph 2 'are replaced by the words" or for expulsion pursuant to paragraph 1'.
30. In Paragraph 327 (4), "paragraph 4 'is replaced by" paragraph 3';
31. in Paragraph 334f (1):
"(1) The court may waive the execution of the sentence of house arrest or the remainder of it if the defendant has been or is to be
(a) extradited to a foreign State or transferred to a foreign State pursuant to Part Five, Title II, of the Law on International Judicial Cooperation in Criminal Matters; or
(b) expelled. ';
32. in Article 334f, paragraph 2 is deleted;
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
33.In Article 334f (2), the words "referred to in paragraph 1 or for expulsion referred to in paragraph 2 'shall be replaced by the words" or for expulsion referred to in paragraph 1';
34. in Article 334f (4), "paragraph 4" is replaced by "paragraph 3";
35. § 350h, including the title reads:
Suspension of execution of expulsion and abandonment of expulsion
(1) The President of the Chamber may, for important reasons, suspend the execution of the expulsion sentence for the time required. If the reasons for the interruption are omitted, the President of the Chamber shall withdraw the interruption.
(2) The period during which the execution of the expulsion sentence has been suspended shall not be counted against the period of execution of the sentence.
(3) A complaint shall be admissible against the decision referred to in paragraph 1.
(4) The enforcement of the expulsion sentence or the rest of the sentence shall be waived by the court if, following the judgment imposing that sentence, the facts for which the expulsion penalty cannot be imposed have occurred. If the sentenced person is in detention or in the execution of a prison sentence, the President of the Chamber shall inform the competent prison of the final waiver of the sentence of expulsion.
(5) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 4. ';
36. in Paragraph 356 (2):
"(2) The court may waive the performance of a security detention where the defendant has been or is to be
(a) extradited to a foreign State or transferred to a foreign State pursuant to Part Five, Title II, of the Law on International Judicial Cooperation in Criminal Matters; or
(b) expelled. ';
37.Paragraph 356 (3) is deleted.
Paragraph 4 shall become paragraph 3.
38. In Paragraph 356 (3), the words "pursuant to paragraph 2 or for expulsion under paragraph 3 'are replaced by the words" or for expulsion under paragraph 2'.
Paragraph 364a reads:
The President of the Chamber of the District Court referred to in Paragraph 364 (1) shall also rule on:
(a) the destruction of a conviction by a foreign court, an international criminal court, an international criminal tribunal or a similar international judicial authority having jurisdiction in criminal matters which is recorded in the register of the Register of Penalties on the basis of recognition of a decision of the foreign court or a decision of the Supreme Court under a special law, or on which, pursuant to a decision of the Supreme Court under a special law, is treated as a conviction by a court of the Czech Republic;
(b) the destruction of convictions recorded in the record of the Register of Penalties under the Treaty between the Government of the Czech Republic and the Government of the Slovak Republic on the exchange of data from information funds contained in the criminal record;
such a decision may have effects abroad only if the international treaty so provides. ';
40. in Article 460y (1), the word "regional" shall be deleted;
41. In Part Four, Title Twenty-fifth, including the title and footnotes 6 to 8c, shall be deleted.
Amendment of the Income Tax Act
Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 6, No 6, No 6, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 5, No 6, No 6, No 6, No 6, No 5, No 2004, No 6, No 5, No 2006, No 2006, No 5, No 6, No 6, No 5, No 5, No 6, No 5, No 5,
1. in Articles 3 (4) (d) and 18 (2) (d), the words "friendly settlement of a matter before the European Court of Human Rights" shall be replaced by the words "settlement of a matter before the European Court of Human Rights on the basis of an amicable or unilateral declaration by the Government."
2. In Article 3, at the end of paragraph 4, the dot is replaced by a comma and the following point (i) is added:
"(i) income arising from compensation granted by an international criminal court, an international criminal tribunal or, where appropriate, a similar international judicial authority which fulfils at least one of the conditions laid down in Section 145 (1) of the Act on International Judicial Cooperation in Criminal Matters."
Amendment to the Public Prosecutor's Act
Act No. 283 / 1993 Coll., on State Prosecutor, as amended by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 14 / 2002 Coll., Act No. 151 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 630 / 2004 Coll., Act No. 129 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 18 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 129 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 314 / 2011 Coll., amended as follows:
1. In Section 12i, the word "Processing 'is replaced by" Processing'.
2. In Article 12i, the following sentence is added at the end of paragraph 1: "For the purpose of carrying out Eurojust's tasks, a national member of Eurojust shall also have access to the central records of the prosecuted persons. For the purpose of carrying out tasks under the Law on International Judicial Cooperation in Criminal Matters, data from the central records of prosecuted persons may also be provided to the Ministry of Justice on request. '
3. In the first sentence of Paragraph 19a (1), after the words "outside the territory of the Czech Republic for the longest time" the number "3" is replaced by "5."
4. In Article 19a (2), at the end of the third sentence, the words "in the case of temporary secondment to Eurojust, the Minister of Justice shall do so on a proposal from the Attorney General 'shall be added.
Amendment of the law on enforcement
In Article 14 of Act No. 293 / 1993 Coll., on the Enforcement of the Link, as amended by Act No. 208 / 2000 Coll., Act No. 52 / 2004 Coll. and Act No. 539 / 2004 Coll., paragraph 3 reads:
"(3) For persons in custody under the Law on International Judicial Cooperation in Criminal Matters, the President of the Chamber shall lay down the conditions for carrying out a visit, in particular the date of the visit, the number of persons and the presence of an authority active in criminal proceedings. Where a person is in pre-trial or interim custody for the purpose of carrying out the preparatory procedure, these conditions shall be laid down by the Prosecutor. ';
Amendment to the Penal Register Act
Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 306 / 2009 Coll., Act No. 357 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 167 / 2012 Coll., and Act No. 193 / 2012 Coll., is amended as follows:
1.
(1) Data on convictions are also recorded in the Register of Penalties
(a) by the foreign court, where the court has decided to recognise the decision of such a court under a special law and the recognised decision has been given by the foreign court for the offence and under the law of the Czech Republic,
(b) by an international criminal court, an international criminal tribunal or, where appropriate, a similar international judicial authority (hereinafter referred to as the "international court") which fulfils at least one of the conditions laid down in Paragraph 145 (1) (b) or (c) of the Act on International Judicial Cooperation in Criminal Matters, where recognition of its decision has been decided by the court under the Law on International Judicial Cooperation in Criminal Matters;
(c) an international court which fulfils at least one of the conditions laid down in Paragraph 145 (1) (a) of the Act on International Judicial Cooperation in Criminal Matters as regards the conviction of a citizen of the Czech Republic, a stateless person who is authorised to reside in its territory, a legal person who has his registered office in the Czech Republic or has an undertaking or organisational component in the Czech Republic, or at least carries his or her assets there, or another person who carries out a sentence imposed by such an international court in the Czech Republic.
(2) The Supreme Court, acting on a proposal from the Ministry of Justice, shall decide to record in the Register of Penalties any other conviction of a citizen of the Czech Republic by a court other than a Member State of the European Union or by an international court which fulfils at least one of the conditions set out in Paragraph 145 (1) (b) or (c) of the Act on International Judicial Cooperation in Criminal Matters, where such conviction relates to an offence which is criminal even under the law of the Czech Republic, and the registration is justified by the seriousness of the offence and the type of penalty imposed on him.
(3) The Supreme Court, acting on a proposal from the Ministry of Justice, shall decide to record in the Register of Penalties any other conviction of a stateless person who is allowed to reside in the territory of the Czech Republic, or a legal person who has his registered office in the Czech Republic or has an undertaking or organisational component located in the territory of the Czech Republic, or at least carries his or her activity there or holds his or her property, if the conviction is made by a foreign court or international court which fulfils at least one of the conditions laid down in § 145 (1) (b) or (c) of the Act on International Judicial Cooperation in Criminal Matters, and where such conviction relates to an act which is criminal even under the Czech law and the registration is justified by the seriousness and the nature of the offence.
(4) Where information on the conviction of a citizen of the Czech Republic, a stateless person who is authorised to reside on its territory or legal persons referred to in paragraph 2 or 3 has been entered in the Register of Penalties, and the court pursuant to the Law on International Judicial Cooperation in Criminal Matters subsequently decides on the recognition of such a decision, the Supreme Court shall, on the initiative of that court, revoke its prior decision on the recording of the data on the conviction; In such cases, the criminal record shall only record the decision on recognition.
(5) The judgment of the foreign court or international court recorded in the register of the Register of Penalties referred to in paragraphs 1 to 3 shall be treated as a conviction by the court of the Czech Republic. "
2. footnotes 2 and 2a are deleted.
3. In Paragraph 4a (3), the word "may 'is deleted.
4. In Paragraph 4a (3), the word "decision 'is replaced by" decision'.
5. At the end of § 5, the sentence "The Ministry of Justice shall immediately send the Register of Penalties the information referred to in § 3 (3) concerning the final convictions referred to in § 4 (1) (c), § 4 (2) and (3) and § 4a (3)."
6. Paragraph 10 (1) (d) is deleted.
Points (e) and (f) shall be renumbered as points (d) and (e).
7. In Section 10 (1) of the final part of the provision, the words "criminal proceedings if they are competent under a special law 'shall be replaced by" if they are competent under the law on international judicial cooperation in criminal matters'.
8. In the first sentence of Article 10 (3), the words "and persons' shall be inserted after the words" institutions'.
9. In Article 10 (3), at the end of paragraph 3, the sentence "The Register of Penalties shall also issue a copy at the request of an international court which fulfils at least one of the conditions set out in Section 145 (1) (a) of the Act on International Judicial Cooperation in Criminal Matters and its institutions."
10. In Article 10 (5), the word "foreign 'is deleted and the words" foreign and international courts' are inserted after the word "convictions'.
11. in Article 13 (1), the words "foreign courts" shall be deleted and the words "foreign and international courts" shall be inserted after the words "condemnation";
12. in the first sentence of Article 16a (4), the words "or national member of Eurojust" shall be inserted after the words "criminal proceedings."
Amendment of the Act on Liability for Damage in the Enforcement of Public Power by Decision or by maladministration
Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by a decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 120 / 2001 Coll., the Constitutional Court found under Act No. 234 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 160 / 2006 Coll., Act No. 41 / 2009 Coll., Act No. 41 / 2011 Coll., and Act No. 396 / 2012 Coll., is amended as follows:
1. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the purposes of this Act, the official person of a foreign State shall also be considered to be an official person for the duration of his or her duties as a joint investigation team on the territory of the Czech Republic if he or she fulfils the conditions laid down in § 127 of the Criminal Code. '
2. In Article 4 (1), "§ 3 (b) 'is replaced by" § 3 (1) (b)';
Amendment of the Asylum Act
Act No. 325 / 1999 Coll., on asylum and amending Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 140 / 2008 Coll., Act No. 501 / 2004 Coll., Act No. 41 / 2009 Coll., Act No. 20 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 136 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 170 / 2007 Coll.
1. In Article 3, at the end of paragraph 2, the sentence "A declaration of international protection shall not be regarded as a manifestation of the will of a stranger referred to in paragraph 1 if the alien has made such a statement after the Czech Republic has received a request for its transmission to an international criminal court, to an international criminal tribunal or, where appropriate, to a similar international judicial authority which fulfils at least one of the conditions laid down in Section 145 (1) of the Act on International Judicial Cooperation in Criminal Matters."
2. In Paragraph 3f, at the end of paragraph 2, the sentence "This shall not prevent the transfer of a stranger to an international criminal court, to an international criminal tribunal or, where appropriate, to a similar international judicial authority which fulfils at least one of the conditions set out in Section 145 (1) of the International Criminal Cooperation Act."
Amendment to the Travel Documents Act
Act No. 329 / 1999 Coll., on Travel Documents and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Travel Documents), as amended, as amended, Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 106 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 140 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 197 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 281.
1. In Article 6, at the end of paragraph 1, the sentence "A citizen's signature may not contain a travel document if it is issued in accordance with Article 17 (11)."
2. In Paragraph 15 (1), the sentence "A travel document shall also be issued to a citizen who does not have another travel document, if it is a citizen to be issued or transferred from a foreign State to the Czech Republic, or a citizen to be expelled from a foreign State and on whom an arrest warrant, arrest warrant, order for delivery to the execution of the sentence, arrest order or European arrest warrant has been issued in the Czech Republic."
3. In Article 17 (11), the words "or, in the cases referred to in Article 15 (1), second sentence 'shall be added at the end of the second sentence.
Amendment to the Act on Special Protection of Witnesses and Others in connection with criminal proceedings
In Article 1 (3) of Act No. 137 / 2001 Coll., on the special protection of witnesses and other persons in connection with criminal proceedings and on the amendment of Act No. 99 / 1963 Coll., the Civil Code, as amended, as amended, as amended, as amended, as amended by Act No. 349 / 2005 Coll., the words "a court or tribunal established on the basis of a declared international treaty, the ratification of which Parliament has given its consent and which the Czech Republic is bound, or by a decision of an international organisation to which the Czech Republic is a member (hereinafter referred to as a judicial authority) 'are replaced by the words" a criminal court, an international criminal tribunal, or a similar international judicial authority, which fulfils at least one of the conditions laid down in Section 145 (1) of the Act on international judicial cooperation in criminal matters (hereinafter referred to "judicial authority') '.
Amendment to the Police Act of the Czech Republic
Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended by Act No. 41 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 150 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 375 / 2011 Coll. and Act No. 459 / 2011 Coll., is amended as follows:
1. in Paragraph 26 (1) (g), the word "or" shall be deleted;
2. In Paragraph 26, the dot at the end of paragraph 1 is replaced by "or 'and the following point (i) is added:
"(i) has been caught on the basis of persecution carried out by a member of a foreign security force pursuant to Paragraph 92."
3. In Paragraph 26, the words "the security referred to in paragraph 1 (i) shall not, however, last more than 6 hours unless the competent authority of a foreign State requests the restriction of a person at liberty for the purpose of extradition or surrender, the hours between midnight and 9 a.m. shall not be counted '.
4. In Paragraph 34, the following paragraph 5 is added:
"(5) If the case is not issued or withdrawn for further proceedings, the officer shall issue it to a person whose right to the case is not in doubt; otherwise return it to the person who issued it or who was taken away. ';
5. The following Section 34a is inserted after Section 34:
Preliminary securing of the case
(1) A police officer is entitled to invite a person to issue a case if, on the basis of the facts established, it can reasonably be assumed that a foreign State may request the detention or surrender of such a case.
Contents
ČÁST PRVNÍ
Čl. I
㤠76a
㤠350h
㤠364a
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
㤠4
ČÁST ŠESTÁ
Čl. VI
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
㤠34a
ČÁST JEDENÁCTÁ
Čl. XI
㤠405a
ČÁST DVANÁCTÁ
Čl. XII
ČÁST TŘINÁCTÁ
Čl. XIII
㤠42
ČÁST ČTRNÁCTÁ
Čl. XIV
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Regulation Information
| Citation | Act No. 105 / 2013 Coll., on the amendment of certain laws in connection with the adoption of the Act on International Judicial Cooperation in Criminal Matters |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Taxes
Finance
International law
International public law
Social security law
Judicial and Public Prosecutor's Office
Administrative law
Criminal law
Criminal law substantive
Criminal law
Constitutional (state) law
General internal administration
Fundamental human rights
Minimum of life, Emergency
The regulation text is for informational purposes only.
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