Act No. 141 / 2014 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, and Act No. 418 / 2011 Coll., on Criminal Liability of Legal Persons and Proceedings Against them, as amended by Act No. 105 / 2013 Coll.
Valid
Effective from 01.08.2014
141
THE LAW
of 19 June 2014
amending Act No. 141 / 1961 Coll., on criminal proceedings of judicial (criminal order), as amended, Act No. 40 / 2009 Coll., the Criminal Code, as amended, and Act No. 418 / 2011 Coll., on criminal liability and proceedings against legal persons, as amended, Act No. 105 / 2013 Coll.
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. 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 / 2004, Act No. 5 / 2004, Act No. 5 / No 97, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 99, Act No. 99, Act No. 5, Act No. 99, Act No. 5 / 2004, Act No. 5, Act No. 5, No 2006, Act No. 5, Act No. 2006, Act No, Act No. 2006, No. 2006, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No.
1. In Article 2 (13), the words "in an appropriate and comprehensible manner 'shall be inserted after the words" management period'.
2. In Paragraph 28, paragraph 6 is added:
"(6) Under the conditions set out in paragraph 1, the person who is detained or arrested shall, without undue delay, be required to translate in writing the lessons of his rights (Sections 33 (6) and 76 (5)). '.
3. In Article 33, at the end of paragraph 5, the sentence "The defendant who has been detained or arrested shall also be informed of the right to urgent medical assistance, the maximum period for which he may be restricted to freedom before being brought to trial and the right to have the consular office and family member or any other natural person notified, if he is brought into custody, of the information needed to be informed."
4. In Article 33, paragraph 6 is added:
"(6) The law enforcement authority which has conducted the detention or arrest shall, without undue delay, provide the defendant with a written instruction on his rights; the defendant must be able to read this lesson; the defendant shall have the right to keep this information in his possession throughout the period of limitation or deprivation of liberty. ';
5. In the first sentence of Paragraph 70, the words "or any other natural person with whom the defendant gives the information necessary for notification 'shall be inserted after the word" accused'.
6. In Article 76 (5), the words ", 5 and 6 'shall be inserted after the words" Article 33 (1)'.
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 390 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 494 / 2012 Coll., Act No. 105 / 2013 Coll., Act No. 241 / 2013 Coll.
1. In Section 168 (1) of the Introductory Part of the Provisions and in Section 168 (2) of the Introductory Part of the Provisions, the word ',' shall be inserted after the word 'retains', 'shall be deleted' and the word 'others' shall be deleted.
2. in Article 168 (1) and (2), the word "other" shall be inserted at the beginning of points (a) and (b).
3. in Paragraph 192, the following paragraph 2 is inserted after paragraph 1:
"(2) In the same way, whoever gains access to child pornography through information or communication technology will be punished."
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
4. In Section 192 (4) of the Introductory Part of the Provisions and in Section 192 (5) of the Introductory Part of the Provisions, "2 'is replaced by" 3'.
5. After Paragraph 193, the following Sections 193a and 193b are inserted:
Participation in pornographic performances
Anyone participating in a pornographic performance or another similar performance in which a child is performing will be punished by deprivation of liberty for up to two years.
Making illicit contact with the child
Any person who proposes to meet a child under 15 years of age intending to commit a criminal offence pursuant to § 187 (1), § 192, 193, § 202 (2) or any other sexually motivated offence shall be punished by deprivation of liberty for up to two years. "
6. In Article 405, the words "other crimes of Nazis and communists against humanity" are replaced by "Nazi, communist or other crimes against humanity or war crimes or crimes against peace."
7. The following Section 419a is inserted after Section 419, including the title and footnote 1:
Implementation of European Union law
This law implements the relevant provisions of the European Union1).
1) Directive 2011 / 36 / EU of the European Parliament and of the Council of 5 April 2011 on preventing, combating and protecting victims, replacing Council Framework Decision 2002 / 629 / JHA. Directive 2011 / 92 / EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children and child pornography, replacing Council Framework Decision 2004 / 68 / JHA. Directive 2005 / 60 / EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. Directive 2008 / 99 / EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment in criminal law. Directive 2009 / 123 / EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005 / 35 / EC on ship-source pollution and introducing penalties for infringements. Council Directive 2004 / 81 / EC of 29 April 2004 on residence permits for third-country nationals who are victims of trafficking in human beings or have received assistance for illegal immigration and who cooperate with the competent authorities. Directive 2009 / 52 / EC of the European Parliament and of the Council of 18 June 2009 on minimum standards for penalties and measures against employers of illegally staying third-country nationals. Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC. ';
Amendment to and proceedings against the Act on criminal liability of legal persons
In Section 7 of the Act No. 418 / 2011 Coll., on the criminal liability of and proceedings against legal persons, the words "rape (§ 185 of the Criminal Code) '," rape (§ 193 of the Criminal Code)' are inserted after the words "(§ 193 of the Criminal Code) ', the words" participation in a pornographic performance (§ 193a of the Criminal Code), the formation of illegal contact with a child (§ 193b of the Criminal Code)', the words "usury (§ 218 of the Criminal Code) 'are inserted.
EFFECTIVE
That law shall take effect on the first day of the first calendar month following its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 141 / 2014 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, and Act No. 418 / 2011 Coll., on Criminal Liability of Legal Persons and Proceedings Against them, as amended, Act No. 105 / 2013 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2014 |
|---|---|
| Effective from | 01.08.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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