What is Act No. 141 / 1961 Coll.?

Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code) — Law on criminal proceedings judicial (criminal order).

When it became Act No. 141 / 1961 Coll. effectiveness?

Act No. 141 / 1961 Coll. became effective 01.01.1962.

Is Act No. 141 / 1961 Coll. still valid?

Yes, Act No. 141 / 1961 Coll. is still valid and effective.

Act No. 141 / 1961 Coll.

Law on criminal proceedings judicial (criminal order)

Valid Effective from 01.01.1962

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 6 § 7 § 7a § 7b § 8 § 8a § 8b § 8c § 8d § 9 § 9a § 10 § 11 § 11a § 12 HLAVA DRUHÁ Oddíl první § 13 § 14 § 16 § 17 § 18 § 20 § 21 § 22 § 23 § 24 § 25 § 26 Oddíl druhý § 27 § 27a § 27b § 27c § 28 § 29 § 29a Oddíl třetí § 30 § 31 § 31a Oddíl čtvrtý § 32 § 33 § 34 Oddíl pátý § 35 § 35a § 36 § 36a § 36b § 37 § 37a § 38 § 39 § 40 § 40a § 41 Oddíl šestý § 42 Oddíl sedmý § 43 § 44 § 45 § 45a § 46 § 47 § 47a § 48 § 49 Oddíl osmý § 50 § 51 § 51a Oddíl devátý § 51b HLAVA TŘETÍ § 52 § 52a Oddíl první § 53 § 54 Oddíl druhý § 55 § 55a § 55b § 56 § 57 § 58 Oddíl třetí § 59 Oddíl čtvrtý § 60 § 61 Oddíl pátý § 62 § 63 § 64 § 64a Oddíl šestý § 65 Oddíl sedmý § 66 HLAVA ČTVRTÁ Oddíl první § 67 § 68 § 69 § 70 § 70a § 71 § 71a § 72 § 72a § 72b § 73 § 73a § 73aa § 73b § 73c § 73d § 73e § 73f § 73g § 74 § 74a Oddíl druhý § 75 § 76 § 76a § 76b § 77 Oddíl třetí § 77a Oddíl čtvrtý Pododdíl 1 § 77b Pododdíl 2 § 78 § 79 Pododdíl 3 § 79a § 79b § 79c § 79d § 79e § 79f § 79g § 79h Pododdíl 4 § 80 § 81 § 81a § 81b Oddíl pátý § 82 § 83 § 83a § 83b § 83c § 84 § 85 § 85a § 85b § 85c Oddíl šestý § 86 § 87 § 87a § 87b § 87c Oddíl sedmý § 88 § 88a Oddíl osmý § 88b § 88c § 88d § 88e § 88f § 88g § 88h § 88i § 88j § 88k § 88l § 88m § 88n § 88o HLAVA PÁTÁ § 89 Oddíl první § 90 § 91 § 92 § 93 § 95 Oddíl druhý § 97 § 98 § 99 § 100 § 101 § 101a § 101b § 102 § 102a § 103 § 103a § 104 Oddíl třetí § 104a § 104b § 104c § 104d § 104e Oddíl čtvrtý § 105 § 106 § 107 § 108 § 109 § 109a § 110 § 110a § 110b § 111 Oddíl pátý § 111a Oddíl šestý § 112 Oddíl sedmý § 113 § 113a § 114 § 115 § 116 § 117 § 118 HLAVA ŠESTÁ § 119 Oddíl první § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 133 Oddíl druhý § 134 § 135 § 136 § 137 § 138 Oddíl třetí § 139 § 140 HLAVA SEDMÁ § 141 § 142 § 143 § 144 § 145 § 146 § 146a § 147 § 148 § 149 § 150 HLAVA OSMÁ § 151 § 151a § 152 § 153 § 154 § 154a § 155 § 156 ČÁST DRUHÁ § 157 § 157a HLAVA DEVÁTÁ § 158 § 158a § 158b § 158c § 158d § 158e § 158f § 159 § 159a § 159b § 159c § 159d HLAVA DESÁTÁ Oddíl první § 160 Oddíl druhý § 161 § 162 § 163 § 163a § 164 § 165 § 166 § 167 Oddíl třetí § 168 § 169 § 170 Oddíl čtvrtý § 171 § 172 § 173 § 173a Oddíl pátý § 174 § 174a § 175 Oddíl šestý § 175a § 175b Oddíl sedmý § 176 § 177 § 178 § 178a § 179 Oddíl osmý § 179a § 179b § 179c § 179d § 179e § 179f § 179g § 179h § 179i ČÁST TŘETÍ HLAVA JEDENÁCTÁ § 180 § 181 § 182 § 183 § 183a § 184 HLAVA DVANÁCTÁ § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 195 HLAVA TŘINÁCTÁ Oddíl první § 196 § 197 § 198 Oddíl druhý § 199 § 200 § 201 Oddíl třetí § 202 § 203 § 204 § 205 § 206 § 206a § 206b § 206c § 206d § 206e Oddíl čtvrtý § 207 § 208 § 209 § 210 § 211 § 212 § 212a § 213 § 214 § 215 Oddíl pátý § 216 § 217 § 218 Oddíl šestý § 219 Oddíl sedmý § 220 § 221 § 222 § 223 § 223a § 224 § 225 § 226 § 227 § 228 § 229 § 230 Oddíl osmý § 231 HLAVA ČTRNÁCTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239 § 239a HLAVA PATNÁCTÁ § 240 § 242 § 243 § 244 HLAVA ŠESTNÁCTÁ § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 HLAVA SEDMNÁCTÁ § 265a § 265b § 265c § 265d § 265e § 265f § 265g § 265h § 265i § 265j § 265k § 265l § 265m § 265n § 265o § 265p § 265r § 265s HLAVA OSMNÁCTÁ § 266 § 266a § 267 § 268 § 269 § 270 § 271 § 273 § 274 § 274a § 275 § 276 HLAVA DEVATENÁCTÁ § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 HLAVA DVACÁTÁ § 290 Oddíl první § 291 Oddíl druhý § 302 § 303 § 304 § 305 § 306 § 306a Oddíl třetí § 307 § 308 § 308a Oddíl čtvrtý § 309 § 310a § 311 § 313 § 314 Oddíl pátý § 314a § 314b § 314c § 314d § 314e § 314f § 314g Oddíl šestý § 314h § 314i § 314j § 314k Oddíl sedmý § 314l § 314m § 314n Oddíl osmý § 314o § 314p § 314q § 314r § 314s HLAVA DVACÁTÁ PRVNÍ Oddíl první § 315 § 316 Oddíl druhý § 320 § 321 § 322 § 323 § 324 § 324a § 325 § 327 § 328 § 329 § 330 § 330a § 331 § 331a § 332 § 333 § 333a § 334 Oddíl třetí § 334a § 334b § 334c § 334d § 334e § 334f § 334g § 334h Oddíl čtvrtý § 335 § 336 § 336a § 337 § 338 § 338a § 339 § 340 § 340a § 340b Oddíl pátý § 341 § 342 § 342a § 343 § 343a § 344 § 344a § 344b § 345 § 346 § 347 § 348 § 349 § 349b § 350 § 350a § 350aa § 350ab § 350b § 350c § 350d § 350e § 350f § 350g § 350h § 350i § 350j Oddíl šestý § 350k § 350l Oddíl sedmý § 350m Oddíl osmý § 351 § 351a § 352 § 353 § 354 § 355 § 356 § 357 § 358 § 358a § 358b Oddíl devátý § 359 § 359a § 360 § 360a § 361 § 361a § 362 HLAVA DVACÁTÁ DRUHÁ § 363 § 364 § 364a § 365 ČÁST ČTVRTÁ HLAVA DVACÁTÁ TŘETÍ Díl první § 366 § 367 § 368 § 369 § 370 Díl druhý § 370a § 370b § 370c ČÁST PÁTÁ § 461 § 462 § 463 § 464 § 465 § 466 § 466a § 466b § 466c § 467 § 468 § 468a § 469 § 471

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141

THE LAW

of 29 November 1961

on criminal proceedings (criminal order)

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

COMMON PROVISIONS

HLAVA PRVNÍ

GENERAL PROVISIONS

§ 1

Purpose of the law

(1) The purpose of the Code of Criminal Procedure is to adjust the procedure of law enforcement authorities to ensure that the offences are properly detected and that their perpetrators are punished fairly by law. In doing so, management must act to consolidate legality, to prevent and prevent crime, to educate citizens in a spirit of strict respect for the laws and rules of civil coexistence, and to honour the obligations of the state and society.

(2) Helping to achieve the purpose of criminal proceedings is the right and the duty of citizens under the provisions of this law.

§ 2

Basic principles of criminal proceedings

(1) No one can be prosecuted other than for legal reasons and in the manner laid down by this law.

(2) Until a final judgment condemning the court is ruled guilty, one against whom criminal proceedings are brought cannot be seen as guilty.

(3) The prosecutor is required to prosecute all offences which he / she will learn unless the law, directly applicable European Union law or the declared international treaty, which the Czech Republic is bound by, provides otherwise.

(4) Unless otherwise provided for in this law, the law enforcement authorities shall act on an official basis. Criminal matters must be dealt with promptly without undue delay; with the greatest acceleration, they shall discuss, in particular, detention matters and matters in which the property has been secured, if necessary in view of the value and nature of the property secured. Criminal cases shall be dealt with in full respect of the rights and freedoms guaranteed by the Charter of Fundamental Rights and the international treaties on human rights and fundamental freedoms by which the Czech Republic is bound; when carrying out criminal proceedings, those rights of persons affected by such acts may be affected only in justified cases by law and to the extent necessary to ensure the purpose of criminal proceedings. The content of petitions interfering with these obligations shall not be taken into account by law enforcement authorities.

(5) The law enforcement authorities shall act in accordance with their rights and obligations set out in this Act and under the cooperation of the Parties in order to establish the facts of a case of which there are no reasonable doubts, to the extent necessary for their decision. The confession of the defendant shall not relieve the law enforcement authorities of the obligation to examine all essential circumstances of the case. In the preparatory proceedings, law enforcement authorities shall, in the manner set out in this Act, and without the proposal of the parties, make equally carefully clear the circumstances which testify to the benefit and to the detriment of the person against whom the proceedings are conducted. In court proceedings, prosecutors and accused persons may propose and carry out evidence in support of their opinions. The D.A. 's duty is to prove the defendant's guilt. This does not deprive the court of its obligation to supplement the evidence itself to the extent necessary for its decision.

(6) The law enforcement authorities shall assess the evidence on the basis of their internal beliefs based on careful consideration of all the circumstances of the case individually and in summary.

(7) All law enforcement authorities cooperate with and benefit from the interest associations of citizens.

(8) The prosecution before the courts is only possible on the basis of an indictment, an application for punishment or an application for approval of an agreement on a declaration of guilt and the acceptance of a sentence (hereinafter referred to as the "guilty and punishable agreement ') by a prosecutor. The public action before the court shall be represented by the prosecutor.

(9) In criminal proceedings, the Board or a single Judge shall act before a court; The President of the Chamber shall act alone only where the law expressly so provides. Where the Court of First Instance decides in the preparatory proceedings, the decision shall be taken by a judge.

(10) Criminal cases shall be dealt with in public before the courts in such a way that citizens can attend and monitor the hearing. In the main proceedings and in a public meeting, the public may be excluded only in the cases expressly provided for in this or in a special law.

(11) The hearing before the courts shall be oral; evidence of testimony by witnesses, experts and accused persons shall, as a general rule, be carried out by questioning such persons.

(12) When deciding in the main proceedings and in a public, detention and private session, the court may take account only of the evidence which was carried out in that hearing.

(13) He against whom criminal proceedings are conducted must be informed, in an appropriate manner and in a clear manner, of the rights enabling him to exercise his full defence and of the fact that he may also choose a lawyer; all law enforcement authorities are obliged to allow it to exercise its rights.

(14) The law enforcement authorities shall conduct proceedings and draw up their decisions in the Czech language. Anyone who declares that he does not control the Czech language shall be entitled to use his mother tongue or language in criminal proceedings for which he or she claims to control it.

(15) The authorities involved in criminal proceedings shall be required to enable the injured person to exercise fully his rights in an appropriate manner and in a clear manner, according to law, in order to be able to meet his claims; the proceedings must lead, with due consideration, to the injured person and to the investigation of his personality.

(16) The law enforcement authorities shall ensure that, where appropriate, conditions are created for the voluntary and active participation of the injured and accused persons in the resolution of the consequences of the offence and the correction of relations affected by the offence.

Cooperation with citizens' interest associations

§ 3

(1) Trade unions or employers' organisations and other civil associations, with the exception of political parties and political movements, churches, religious societies and legal persons pursuing charitable purposes in their subject matter (hereinafter referred to as "interest associations of citizens") may act in preventing and preventing crime in the manner set out in this Act.

(2) Citizens' interest associations may co-operate in the upbringing of persons for whom the court has ruled on the suspension of supervised punishment or whose prosecution has been suspended on a conditionally suspended basis, in the case of conditionally convicted, suspended for imprisonment with supervision and suspended; help also create conditions for the sentenced to live after the sentence has been carried out properly.

§ 6

(1) A citizens' interest association may offer to take over the guarantee:

(a) for the conduct of an accused person whose prosecution has been suspended on condition;

(b) for the reeducation of a convicted person who has been suspended with supervision on condition that the sentence of imprisonment has been suspended for a probationary period, in the case of a suspended sentence with supervision; or

(c) for the completion of the remedy of a convicted person who carries out a custodial sentence, a prohibition of activity, a prohibition of holding and rearing animals, a prohibition of public procurement or participation in a competition, a prohibition of receiving subsidies and subsidies or a prohibition of residence; in such cases, the interest association of citizens may join the application of a sentenced person for suspension of imprisonment or for suspension of the remainder of the sentence of prohibition of activity, prohibition of possession and rearing of animals, prohibition of public procurement or participation in competition, prohibition of receiving subsidies and subsidies or residence, and may, with the consent of the sentenced person, inform of his conduct and the course of execution of the sentence.

(2) A citizens' interest association may also propose that the detention of the defendant be replaced by its guarantee (Paragraph 73) and that the defendant be asked to grant mercy and to exterminate the conviction for the sentenced.

(3) A citizens' interest association which has taken over the guarantee is required to act on the defendant or the sentenced in order to live a proper life and to take the necessary measures; the interest association of citizens shall also ensure that it makes good the damage or non-property damage caused by the offence, or that it issues unjustified enrichment obtained by the offence.

Synergies of state authorities, natural and legal persons

§ 7

(1) The law enforcement authorities are obliged to assist each other in the performance of the tasks arising under this law.

(2) The law enforcement authorities shall cooperate, where appropriate, with the Probation and Mediation Service, which may transmit information for the performance of the tasks within its competence.

§ 7a

(1) In order to establish the nature, extent or location of the items for the purposes of securing them, to establish the property regimes of the defendant or to ensure the execution of criminal penalties, the President of the Chamber and, in the preparatory proceedings, the prosecutor or the police authority may invite the person whose property is ascertained, or the person close to him, to send him a declaration of the property of the person whose property is ascertained within a reasonable time. The person invited shall have the right to refuse a declaration of property; Article 92 (1), Article 100 and Article 158 (8) shall apply mutatis mutandis. The invitation shall draw the attention of the person to make the declaration of property to the consequences of failure to comply with it and shall be informed of its right to refuse the declaration of property.

(2) The person referred to in paragraph 1 shall be invited to enter in the property statement, to the extent that such facts are known to him, information relating to the property of the person whose property is examined, in particular:

(a) the payer of remuneration from an employment relationship or a relationship similar to that of an employment or other income and the amount of such remuneration or other income;

(b) where a bank, savings and credit cooperative, electronic money institution, small-scale electronic money issuer, payment institution, small-scale payment service provider or similar foreign person has accounts, amounts of claims and account numbers or other unique identifiers under the Payment Act;

(d) an overview of the cases owned or co-owned by that person, including the amount of the joint ownership and the location of the cases; and

(e) trust funds or similar facilities which the person has set up or for which he is fabricated.

(3) The President of the Chamber and, in the preparatory procedure, a prosecutor or a police authority may invite the person referred to in paragraph 1 to make a new declaration of the property of the person whose property is ascertained, if he considers that there is a change in the property circumstances of the person whose property is ascertained.

(4) Where a person who has been requested to make a declaration of property has not sent such a declaration within the prescribed time limit or where the law enforcement authority which has requested it to make a statement of property has doubts as to the veracity or completeness of the declaration made to him, he may call him to give a statement; the provisions of this law governing the submission of explanations, the examination of the defendant and the examination of the witness shall apply mutatis mutandis.

§ 7b

(1) Where it is necessary to prevent the loss, destruction or alteration of data relevant to criminal proceedings stored in a computer system or on a medium of information, the person who holds or controls those data may be ordered to keep such data unchanged for the period laid down in the order and to take the necessary measures to prevent the disclosure of information on the maintenance of the data.

(2) Where this is necessary to prevent the continuation or recurrence of a crime, the person who holds or controls data stored in a computer system or on a medium of information may be ordered to prevent the access of other persons to such data.

(3) The order referred to in paragraph 1 or 2 shall be issued by the President of the Chamber and in the preparatory procedure by a prosecutor or police authority. The police authority shall require the prior consent of the prosecutor to issue such an order; without prior consent, an order may be issued by a police authority only if the prior consent cannot be obtained and the case cannot be delayed.

(4) The order referred to in paragraph 1 or 2 shall indicate the data to which the order relates, the reason for which the data are to be stored or to be denied access and the period during which those data are to be stored or access which must not exceed 90 days. The command shall contain a lesson on the consequences of disobeying the command.

(5) The authority which issued the order referred to in paragraph 1 or 2 shall immediately deliver it to the person to whom it is directed.

§ 8

(1) State authorities, legal entities and natural persons are required to comply without undue delay and unless the special rule provides otherwise, with requests from law enforcement authorities in the performance of their tasks. In addition, state authorities are required to notify the prosecutor or police authorities without delay of facts suggesting that an offence has been committed.

(2) Where, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that an offence has been committed, to establish the nature, extent or location of the items for the purpose of securing them, to establish the property regimes of the accused or to ensure the execution of criminal penalties, the Prosecutor may, after filing an indictment or application for punishment by the President of the Chamber, request information which is the subject of bank secrecy and information on the registration of investment vehicles and book-entry securities. For the purposes set out in the first sentence, under the conditions laid down by the special law, the authority exercising the jurisdiction of the Office for the Recovery of Assets from Crime in the Czech Republic may also require, under the conditions laid down by the Special Law, data which are the subject of banking secrecy, pursuant to a regulation of the European Union governing cooperation between law enforcement authorities. 13). In criminal proceedings under Section 180 of the Criminal Code, the law enforcement authority may require individual data obtained under a special law for statistical purposes. In criminal proceedings in which a protective measure may be imposed to prevent part of the property, the prosecutor and, after the indictment or the application for punishment, the President of the Chamber may request information from the tax administrator from the decision on the determination of income tax for the purpose of assessing compliance with the conditions for the imposition of such protection measure or for the purpose of ensuring its enforcement; the provision of information under this provision is not a breach of the obligation of secrecy under the tax rules. The conditions under which a criminal authority may require data obtained in tax administration for other purposes shall be laid down in a separate law. Data obtained under this provision shall not be used for any purpose other than the criminal proceedings under which they were requested.

(3) For the reasons referred to in paragraph 2, the President of the Chamber may, on a proposal from the Prosecutor, order the monitoring of a bank account or account with a person authorised to register investment vehicles or book-entry securities under other laws, for a maximum period of six months. If the purpose for which the monitoring of the account has been ordered persists even after that period, the monitoring may be extended by a further six months, including repeatedly, on the basis of an order from a senior court judge and in a preparatory procedure, on a proposal from the district court prosecutor. Data obtained under this provision shall not be used for any purpose other than the criminal proceedings under which it was obtained.

(4) The performance of the obligations referred to in paragraph 1 may be refused with reference to the obligation to maintain the secrecy of classified information protected by a special law or by a State imposed or recognised obligation of confidentiality; That doesn't apply.

(a) if the person who has these obligations would otherwise be exposed to a risk of prosecution for non-notification or non-interference; or

(b) in the handling of a request to an authority active in criminal proceedings for an offence where the requested person is simultaneously the notifier of the offence.

Under this law, the State-recognised obligation of secrecy is not regarded as such an obligation whose scope is not defined by law, but results from a legal act under the law.

(5) Where a special law does not lay down the conditions under which, for the purposes of criminal proceedings, information which is classified under that law or which is subject to an obligation of confidentiality may be disclosed, such information may be requested for criminal proceedings after the prior consent of the Judge. This is without prejudice to the obligation of confidentiality of a lawyer under the Law on the Law of the Advocate.

(6) The provisions of paragraphs 1 and 5 are without prejudice to the obligation to maintain confidentiality imposed on the basis of a declared international agreement binding on the Czech Republic.

(7) Everyone shall be obliged to remain silent about everything he has learned in connection with the cooperation required under paragraphs 1 to 3; he shall not be bound by the obligation of confidentiality for the purposes of proceedings before a court or other authority, to the extent necessary to protect his rights or to perform his duties. This obligation and the consequences of its infringement must be informed.

Provision of information on criminal proceedings and persons involved in criminal proceedings

§ 8a

(1) In providing information on their activities to the public, the law enforcement authorities shall ensure that they do not jeopardise the clarification of the facts relevant to criminal proceedings, do not disclose data not directly related to criminal activity and do not infringe the principle that until a final conviction is ruled out, the person against whom criminal proceedings are conducted cannot be regarded as being guilty (§ 2 (2)). In preparatory proceedings, they shall not disclose information enabling the identification of the person against whom the criminal proceedings, the injured party, the interested party and the witness are conducted.

(2) When providing the information referred to in paragraph 1, law enforcement authorities shall take special care to protect personal data and the privacy of persons under the age of 18.

(3) The law enforcement authorities shall inform the public of their activities by providing the information referred to in paragraph 1 to the public media; the provision of information shall be refused for reasons of protection of the interests referred to in paragraphs 1 and 2. If, in preparatory proceedings, a prosecutor reserves the right to provide information on a particular criminal case, the police authority may provide it only with its prior consent.

§ 8b

(1) Persons who have been provided with information which is subject to a publication ban pursuant to the second sentence of Paragraph 8a (1) for the purpose of criminal proceedings or for the exercise of the rights or obligations laid down by a specific law may not provide it to anyone else unless such disclosure is necessary for those purposes. This must be learned from these people.

(2) No one may disclose, in the context of a criminal offence committed on the victim in any way, information enabling the identification of the injured person, who is a person under 18 years of age or against whom a criminal offence has been committed (§ 159 to 162 of the criminal code), the killing (§ 141 of the criminal code), any criminal offence which has been caused by serious harm to health, a criminal offence affecting the sexual health (§ 155 of the criminal code), any criminal offence against the child's pregnancy (§ 159 to 162 of the criminal law), any criminal offence against human trafficking (§ 168 of the criminal law), any criminal offences against persons living in a common habitation (§ 199 of the criminal law), the child's abduction and persons affected (§ 200 of the criminal law (§ 195 of the criminal law), or criminal prosecution (§ 354 of the criminal law), criminal law), the torture (§ 168 of the criminal law), the criminal law, the abuse of persons living in common habit( § 199 of the person (§ 199 of the criminal law), criminal law).

(3) The publication of images, images and phonograms or other information on the course of the main trial or public meeting which would enable the identification of the injured party referred to in paragraph 2 to be established shall be prohibited.

(4) The judgment may not be published in the public media, giving the name or, where appropriate, the names, surnames and residence of the injured party referred to in paragraph 2. The President of the Chamber may, taking into account the person injured and the nature and nature of the offence committed, decide on further restrictions linked to the publication of a final judgment of condemnation in order to protect the interests of such a person.

§ 8c

No person may, without the consent of the person concerned, disclose information on the Regulation or the conduct of the wiretap and the recording of the telecommunications operation referred to in Article 88 or the information obtained therefrom, the data on the telecommunications operation established pursuant to the Order under Article 88a or the information obtained by the monitoring of persons and goods pursuant to Article 158d (2) and (3), provided that it is not used as evidence in proceedings before the courts.

§ 8d

(1) Information subject to a prohibition of disclosure pursuant to paragraphs 8a to 8c may, to the extent necessary, be disclosed for the purpose of searching for persons, for the purpose of the criminal proceedings, or, if this law so permits. That information may also be disclosed if the public interest so justifies, if it outweighs the right to the privacy of the person concerned; care must be taken in particular to protect the interests of a person under the age of 18.

(2) Information subject to a prohibition of disclosure under § 8a to 8c may also be disclosed where the person to whom the prohibition of disclosure relates has given express consent to the disclosure. If a person has died or has been declared dead, consent to the disclosure of the information shall be granted by his spouse, partner or her children, and if it is not, his parents; in the case of a person under 18 years of age or a person with limited professional capacity, his legal representative or guardian. Consent to disclosure may not be granted by a person who is the perpetrator of a criminal offence against a person who has died or has been declared dead.

(3) Information subject to a prohibition of disclosure under Sections 8a to 8c may also be disclosed where the person to whom the prohibition of disclosure relates has died or has been declared dead and no person is entitled to consent to the disclosure under paragraph 2.

§ 9

Assessment of questions referred for a preliminary ruling

(1) The law enforcement authorities shall examine the questions referred for a preliminary ruling separately; However, if such a question is a final decision by a court or other state body, the law enforcement authorities shall be bound by such a decision, unless it concerns the assessment of the defendant's guilt.

(2) The law enforcement authorities are not authorised to deal separately with the questions referred for a preliminary ruling on the personal situation decided in civil proceedings. If a decision on such a question has not yet been taken, they shall await its publication.

§ 9a

Preliminary rulings of the Court of Justice

(1) Paragraph 9 shall not apply to questions referred for a preliminary ruling, which are decided exclusively by the Court of Justice established by the provisions of the European Communities (hereinafter referred to as the Court of Justice).

(2) Where a court in proceedings under this law makes a request for a preliminary ruling to the Court of Justice, it shall give a decision to stay the proceedings.

(3) When making a request for a preliminary ruling to the Court of Justice, the court shall comply with the relevant rules governing proceedings before the Court of Justice.

(4) The Court's preliminary ruling is binding on all law enforcement authorities.

§ 10

Exemptions from the jurisdiction of law enforcement authorities

(1) Persons enjoying privileges and immunities under law or international law shall be excluded from the jurisdiction of law enforcement authorities under this law.

(2) If there is doubt as to whether or to what extent someone is excluded from the jurisdiction of the law enforcement authorities under this law, the Supreme Court shall decide on the proposal of the person concerned, the prosecutor or the court.

§ 11

Inadmissibility of criminal prosecution

(1) The prosecution cannot be initiated and, if it has already been initiated, it cannot be continued and it must be stopped

(a) if the President of the Republic so commands, use his right to pardon or amnesty,

(b) where the prosecution is suspended,

(c) if there is a person who is excluded from the jurisdiction of the law enforcement authorities (§ 10), or a person for whom consent is required under the law if such consent has not been given by the competent authority, unless temporary removal or prosecution of a person for lack of the consent of an authorised authority is inadmissible only temporarily;

(d) if there is a person who is not responsible for the lack of age,

(e) against him who died or was declared dead,

(f) against him whose severe illness permanently excludes his or her status from court;

(g) against whom a mental illness which has occurred after the crime has been committed permanently makes it impossible to understand the meaning of criminal prosecution;

(h) against which the previous prosecution for the same act has ended in a final judgment of the court or by a judgment of a court or of another authorised authority, and where the decision has not been annulled in the prescribed proceedings,

(i) against which the earlier prosecution for the same act has ended with a final decision approving the settlement if the decision has not been annulled in the prescribed procedure;

(j) against which the previous prosecution for the same act has resulted in a final decision to refer the case with the suspicion that the act is an offence or a criminal offence, unless the decision has been annulled in the prescribed procedure;

(k) if the earlier proceedings for the same action against the same person have ended in a final decision on the infringement and if the time limit for initiating the review procedure has expired under another law in which the decision on the infringement may be annulled;

(l) where the criminal prosecution is subject to the consent of the injured party and the consent has not been given or withdrawn;

(m) if an agent so provides,

(n) where it provides for an international treaty so declared, which the Czech Republic is bound by; or

(o) against the person in respect of whom the criminal proceedings for the same offence have been brought to a foreign State, provided that he has been ordered, by a foreign court, by a final judgment or a protective measure which he has carried out or has already carried out, or cannot be executed under the law of that State, or by the foreign court, by a final decision to exonerate him.

(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 on one of the grounds appropriate to the reasons referred to in paragraph 1 (a), (c) to (e), (l) or (n).

(3) Where the reason referred to in paragraph 1 or 2 concerns only one of the partial attacks of an ongoing offence, this shall not prevent criminal prosecution of the remainder of the offence.

(4) However, in criminal proceedings which have been brought to an end on the grounds referred to in paragraph 1 (a), (b) or (l), the defendant shall continue to be declared within three days of the date on which the order to stop the prosecution was notified to him that he insisted on hearing the case. That's what the defendant needs to be taught.

(5) The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the decisions of the International Criminal Court, the International Criminal Tribunal or, where appropriate, a similar international judicial authority having jurisdiction in criminal matters which fulfil at least one of the conditions laid down in Paragraph 145 (1) (a) of the Law 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 the danger of the offender.

§ 11a

(1) Criminal proceedings against the same person and for the same act may not be initiated if the prosecutor in the interim preparatory procedure:

(a) decide to approve the settlement and postpone the case; or

(b) decide on a conditional postponement of the application for punishment and the suspect has proved himself or is deemed to have proved himself;

if the decision has not been revoked in the prescribed procedure.

(2) The prosecution against the same person and for the same act may not be initiated if the prosecutor has decided not to prosecute the suspect under Paragraph 159d (1), unless the decision has been annulled in the prescribed procedure.

§ 12

Interpretation of certain terms

(1) Criminal authorities are the courts, prosecutors and police authorities.

(2) The supervisory authorities are:

(a) the services of the Police of the Czech Republic,

(b) General inspection of security corps in proceedings concerning criminal offences of members of the Police of the Czech Republic, of the Prison Service of the Czech Republic, of customs officers or of employees of the Czech Republic, of criminal offences of employees of the Czech Republic, of the Prison Service of the Czech Republic or of the Customs Administration of the Czech Republic, committed in connection with the performance of their duties,

(c) mandated authorities of the Czech Prison Service in proceedings concerning criminal offences of persons in custody, custodial sentence and security detention committed in a detention facility, prison or detention centre;

(d) authorised customs authorities in criminal proceedings

1. committed by infringement of legislation on the import, export or transit of goods and legislation in respect of the placing and acquisition of goods in the Member States of the European Union, when such goods are transported across the national borders of the Czech Republic,

2. committed by violation of tax rules in cases where the customs authorities of the Czech Republic are the tax administrator or by violation of tax provisions governing value added tax or gambling tax;

3. committed by infringement of gambling legislation, trade in protected species of wild fauna and flora or intellectual property rights;

4. the legalisation of proceeds from crime (Section 216 of the Criminal Code) and the legalisation of proceeds from negligence (Section 217 of the Criminal Code), if any of the offences referred to in points 1 to 3 are the criminal offences from which they originate;

(e) authorised authorities of the Military Police in criminal proceedings involving members of the armed forces and persons committing crime against members of the armed forces in military buildings or against military objects, military material or other property of a State with which the Ministry of Defence or its established organisational units of a State are competent or with whom they are competent to manage or have the right to manage state organisations established or constituted by the Ministry of Defence;

(f) authorised authorities of the Security Information Service in criminal proceedings of members of the Security Information Service,

(g) entrusted by the authorities of the Office for Foreign Relations and Information in criminal proceedings of the members of the Office for Foreign Relations and Information,

(h) mandated military intelligence authorities in proceedings concerning criminal offences of members of military intelligence;

(i) Authorised bodies of the General Inspection of Security Councils in proceedings concerning the crimes of members of the General Inspection of Security Councils or the offences of employees of the Czech Republic, included in the General Inspection of Security Councils.

This shall be without prejudice to the authorisation of a public prosecutor under Section 157 (2) (b). Unless otherwise specified, those authorities shall be entitled to all criminal proceedings falling within the competence of the police authority.

(3) Where this law refers to a court, that is to say, according to the nature of the case, a district court, a regional court, a Supreme Court or a Supreme Court.

(4) Where this law refers to a district court, it means a district court or another court having the same jurisdiction; where this law talks about the Regional Court, it means the Municipal Court in Prague.

(5) Where this law refers to the President of a Chamber, it also means a single judge, unless something else arises from the nature of the case.

(6) Where this law refers to a district attorney, it means a district prosecutor or another state prosecutor with the same jurisdiction, where the law refers to a regional prosecutor, it means a municipal prosecutor in Prague. The term "European Prosecutor 'means the European Prosecutor-General, the European Prosecutor-General and the European Prosecutor-General within the scope of their mandate, as laid down in Council Regulation (EU) 2017 / 1939 implementing enhanced cooperation with a view to the establishment of the European Public Prosecutor's Office.

(7) The party shall be the person against whom criminal proceedings are conducted, the person concerned and the injured party and, in court, the prosecutor and the social representative; the same status as the Party shall be established by another person whose application or request is led by proceedings or who has brought an appeal.

(8) Unless the nature of the case implies otherwise, the defendant and the defendant shall also be understood to be the defendant.

(9) After the order of the main trial, the defendant is referred to as the defendant.

(10) The judge is the one against whom a judgmental sentence has been given, which has already acquired legal authority.

(11) Criminal proceedings shall mean proceedings under this law and the law on international judicial cooperation in criminal matters, criminal prosecutions, proceedings from the initiation of criminal proceedings to the legal power of the judgment, or any other decision of the criminal authority on the substance of the case and the preparatory management of the proceedings under this law, from the drawing up of a record of the opening of criminal proceedings or the execution of urgent and unreproducible acts immediately preceding it, and where such proceedings have not been carried out, from the initiation of criminal proceedings to the filing of an indictment, the application for approval of an agreement on guilt and punishment, the transmission of a case to another authority, or to the decision or to the formation of other facts having the effect of the cessation of criminal proceedings before the prosecution, or until another decision terminating the preparatory proceedings, including clarification and examination of the facts of the facts suggesting that it has been committed.

(12) If the defendant continues to act for which he is prosecuted, even after the indictment has been notified, such action shall be considered as a new act.

(13) The act under this law shall also mean a partial attack on an ongoing offence, unless expressly stated otherwise.

HLAVA DRUHÁ

COURT OF JUSTICE AND PERSONS CONCERNED

Oddíl první

Jurisdiction and jurisdiction of courts

§ 13

Enforcement of criminal justice

Judgments in criminal matters are carried out by district courts, regional courts, supreme courts and the Supreme Court.

§ 14

Entry into court

(1) A single judge shall be brought before the District Court.

(2) In the case of a regional court, proceedings shall be held at first instance by the Chamber, except in the case of particularly serious crimes referred to in Part Two, Titles V and VI of the Criminal Code, and the offence of the murder of a newborn child by a mother under Section 142 of the Criminal Code.

(3) In cases other than those referred to in paragraph 2, proceedings shall be held at first instance before the Regional Court by a single judge.

(4) The proceedings in the second instance shall be held by the Chamber before the Regional Court.

Jurisdiction

§ 16

The proceedings at first instance shall be conducted, unless otherwise provided for in this law, by the district court.

§ 17

(1) The Regional Court shall at first instance conduct criminal proceedings where the law provides for a custodial sentence of at least five years, or where exceptional penalties may be imposed. On criminal offences

(a) the killing, the murder of a newborn child by a mother, the wrongful removal of tissues and organs, the illicit treatment of tissues and organs, the collection of tissue, the organ and the execution of transplantation against payment, the illicit treatment of human embryos and human genome, trafficking in human beings, sexual assault pursuant to Article 185a (3) of the Criminal Code;

(b) committed through investment vehicles which are admitted to trading on a trading venue or for which admission to trading on a trading venue has been requested, or counterfeit or imitation thereof, where their legal character is to cause significant damage or gain significant benefits;

(c) infringements of competition rules, tampering with the course of investment instruments, misuse of information in trade, misuse of trading positions, damage to the financial interests of the European Union, infringement of the rules on the control of exports of dual-use goods and technology, infringement of the obligations to export dual-use goods and technology, distortion of data and failure to provide supporting documents concerning exports of dual-use goods and technology, conduct of foreign trade in military material without authorisation or licence, infringement of the obligation to issue and licence of foreign trade in military material, distortion of data and failure to provide supporting documents concerning the external trade in military material, development, manufacture and possession of prohibited combat equipment; and

(d) terrorist attacks, participation in a terrorist group, financing terrorism, support and promotion of terrorism, threats to terrorist crime, sabotage, abuse of state representation and international organisations, espionage, threats to classified information, illegal activities for foreign power, cooperation with the enemy, peace-threatening contacts, use of prohibited means of combat and illegal conduct of fighting, looting in the area of war operations,

if the lower limit of imprisonment is lower.

(2) The Regional Court shall also, at first instance, conduct proceedings for the offence of drunkenness in the event that the offence otherwise committed by the perpetrator in a state of insanity which he is guilty of, fulfils the characteristics of the facts of one of the offences in respect of which the jurisdiction of the Regional Court is established pursuant to paragraph 1.

(3) The Regional Court also acts at first instance on partial attacks of an ongoing offence where, in accordance with the procedure laid down in Article 45 of the Criminal Code, the decision on the guilt of one of the offences referred to in paragraph 1 or 2 is taken into account in that proceedings.

Local jurisdiction

§ 18

(1) The proceedings are carried out by a court in whose district the offence has been committed.

(2) If the crime scene cannot be ascertained or if the offence has been committed abroad, proceedings shall be held by the court in whose district the defendant lives, works or stalls; If these places cannot be identified or are outside the territory of the Czech Republic, the proceedings shall be held by a court within whose territory the act has become apparent.

Joint management

§ 20

Zobrazit všechna ustanovení (3481)

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Regulation Information

Citation	Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.12.1961
Effective from	01.01.1962
Effective until	-
Status	Valid

The regulation text is for informational purposes only.