Act No. 150 / 1997 Coll.
Act amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Valid
Law
Effective from 01.10.1997
150
THE LAW
of 12 June 1997
amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 141 / 1961 Coll., on the Criminal Procedure of the Judicial (Criminal Code), as amended by Act No. 57 / 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. 178 / 1990 Coll., Act No. 303 / 1990 Coll., Act No. 558 / 1991 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 292 / 1993 Coll., Act No. 154., Act No. 154 of the Constitutional Court of the Czech Republic No. 214 / 1994 Coll.
1. In Paragraph 70, the following sentence is added at the end: "Unless otherwise declared by the international treaty, which the Czech Republic is bound by, the court shall also inform the consular office of the State of which the alien is a citizen of the removal of the alien."
2. The following Sections 350b to 350f are inserted after Section 350a, including the title above Section 350b:
"Execution of expulsion punishment
(1) As soon as the judgment imposing the expulsion penalty is obtained, the President of the Senate shall send the order of execution to the police of the Czech Republic and invite the sentenced to leave the Czech Republic without delay.
(2) If there is no fear that a sentenced person who is free will hide or otherwise obstruct the execution of the expulsion penalty, the President of the Senate may grant him a reasonable period of time to procure his affairs. That period may not exceed one month from the date on which the judgment became final.
(3) The time limit referred to in paragraph 2 may be extended by the President of the Chamber, at the request of the sentenced and repeatedly, for a maximum period of 180 days from the date on which the judgment became final, if the sentenced proves that he has done all the necessary tasks to procure travel documents and other formalities necessary to travel, but cannot yet leave the Czech Republic.
Exhaust binding
(1) If there is a risk that the sentenced person will hide or otherwise obstruct the execution of the expulsion sentence, the President of the Chamber may decide to take the sentenced person into custody unless he decides to replace him with a guarantee, a promise or a money guarantee.
(2) Unless otherwise provided for in paragraph 1, the provisions of Title Four, Section 1, of Title IV, shall apply to the removal procedure and its replacement.
(3) If the sentenced person has been taken into custody under paragraph 1, the President of the Chamber shall, if necessary, request the travel documents necessary for the execution of the expulsion penalty to the Police of the Czech Republic.
Where a sentenced person who has been finely sentenced to an expulsion is subject to a custodial sentence, the President of the Chamber shall also inform the competent prison of the order of enforcement of the expulsion. At the same time, the police of the Czech Republic in the order for the execution of the sentence pursuant to Paragraph 350b (1) shall, if necessary, request the provision of the travel documents necessary for the execution of the expulsion penalty so that the sentence is immediately followed by the execution of the sentence of imprisonment.
If the court decides to waive the sentence of imprisonment or the remainder of the sentence, to make conditional release from the sentence of imprisonment or to participate in an amnesty to which the remainder of the sentence is remitted to the sentenced person to whom the sentence of expulsion has been imposed, it shall immediately inform the court responsible for the execution of the sentence of expulsion and the police of the Czech Republic, irrespective of the legal power of such a decision; the Ministry of Justice shall proceed in the same way if the Minister of Justice has decided to waive the sentence of imprisonment or the rest of the sentence.
If the sentenced person is no longer in the territory of the Czech Republic at the time the court accedes to the enforcement order, the President of the Senate shall send the order of enforcement to the police of the Czech Republic and no further acts shall be carried out. "
3. In Article 380 (1), the following shall be inserted after the word "representative ':" in a public sitting'.
4. In Paragraph 380 (3), the word "regional 'is deleted.
5. The following Section 382a is inserted after Section 382:
Short-term extradition procedures
(1) If the person to whom the extradition is sought declares before the court that he or she agrees to be extradited to a foreign State for criminal prosecution or for the execution of the sentence for an act referred to in the extradition application, the prosecutor may bring the matter before the Ministry of Justice with a proposal that the Minister of Justice authorise extradition without prior decision on the admissibility of the extradition.
(2) If the person to whom the extradition is sought only gives his consent during a public meeting held on the admissibility of the extradition, the prosecutor may withdraw his proposal under Paragraph 380 (1) and proceed with the procedure laid down in paragraph 1. It may withdraw the application at the latest until the court has taken up its final deliberations.
(3) The person whose issue is concerned must be informed in advance of the importance of consent to the issue and of the consequences associated with such a declaration. Consent to extradition cannot be withdrawn.
(4) If the Minister of Justice has doubts as to the admissibility of the extradition, even if the person concerned has given his consent, he may refer the case back to the State's Attorney for the first time to the Court of First Instance in accordance with Paragraph 380 (1). '
6. The following Section 389a is inserted after Section 389:
The Prosecutor's Office shall investigate any complaints for infringement of the law addressed to him or referred to him by the Minister of Justice. In order to investigate, the competent public prosecutor is directly superior to the public prosecutor, who was in the main proceedings in the case at last instance. After examining the State's Attorney General, he shall submit an opinion to the Minister of Justice proposing either to postpone the complaint or to file a complaint for infringement. '
This Law shall take effect on 1 October 1997.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 150 / 1997 Coll., amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.07.1997 |
|---|---|
| Effective from | 01.10.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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