Act No. 152 / 1995 Coll.
Act amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, and Act No. 59 / 1965 Coll., on the Enforcement of Penalties, as amended
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Law
Effective from 01.09.1995
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152
THE LAW
of 29 June 1995
amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure of the Judicial (Criminal Code), as amended, Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, and Act No. 59 / 1965 Coll., on the Enforcement of Jail, 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.
Article 1 (2) (3) reads as follows:
"(3) The prosecutor is obliged to prosecute all offences which he / she will learn of unless the law or the declared international treaty, which the Czech Republic is bound by, provides otherwise. '
Article 8 (2) reads as follows:
"(2) Where, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that a criminal offence has been committed, or in proceedings before a court, also to assess the circumstances of the accused or to enforce a decision, the Prosecutor may, after filing the indictment, request information which is the subject of bank secrecy, security records and tax-reduction proceedings, as well as data obtained in tax proceedings. Such data shall not be used for any purpose other than the criminal proceedings under which they were requested. ';
3. In Paragraph 8 (3), the following sentence is added at the end: "A State-recognised obligation of confidentiality shall not be regarded as such under this law, the scope of which is not defined by law, but results from a legal act adopted under the law. '
4. In Paragraph 12 (2), the following sentence is added at the end: "The position of the police authorities also has customs offices in criminal proceedings
(a) infringements of the provisions relating to the circulation of goods in contact with a foreign person under Section 124 of the Criminal Act;
(b) infringements of the provisions on the handling of controlled goods and technology pursuant to Sections 124a to 124c of the Criminal Act;
(c) falsification and modification of stickers for the identification of goods or articles proving compliance with the fee obligation under Section 145a of the Criminal Act;
(d) a threat to the foreign exchange economy pursuant to Article 146 of the Criminal Act, where the offence has been committed in connection with the import or export of foreign exchange values, the Czech currency or values denominated in the Czech currency;
(e) the reduction of taxes, fees and similar benefits under Section 148 of the Criminal Act, where the act has been committed by the reduction of customs duties, value added tax, excise duty or road tax;
(f) infringement of the rules on stickers for marking goods under Section 148a of the Criminal Act;
(g) the illicit manufacture and possession of narcotic drugs and psychotropic substances and poisons pursuant to Section 187 of the Criminal Act, where the act has been committed in connection with the import, export or transit of narcotic drugs and psychotropic substances and poisons;
except in the case of crimes involving members of the armed forces or armed corps. ';
5. Article 55 (2) reads as follows:
"(2) If the circumstances established indicate that the witness or the person close to him in connection with the submission of the evidence appears to be in danger of harm to health or of any other serious risk of infringing their fundamental rights, and if the protection of the witness cannot be reliably ensured otherwise, the criminal authority shall take measures to protect the appearance of the witness; the name and surname and other personal data shall not be entered in the Protocol, but shall be kept separate from the criminal record and may only be made known to law enforcement authorities. The witness shall learn the right to request the secrecy of his form and to sign the protocol with the fictional name and surname under which he is then kept. If the reasons for the identity of the witness and the separate keeping of the personal data of the witness are omitted, the data shall be added to the criminal record and the form of the witness shall no longer be classified. ';
6. In the first sentence of Paragraph 65 (1), the following words are inserted after the words "on the vote ':" and the personal data of the witness referred to in Article 55 (2)'.
7. In Paragraph 67 (b), the following words are inserted after the words "to act on ':" not yet heard by the court' and in point (c), the following words are inserted after the word "activity ':" for which he is prosecuted'.
8. In the last sentence of Paragraph 71 (3) and paragraphs 5 and 7, the word "highest 'is replaced by the word" top'.
9. In the second sentence of Paragraph 72 (2), the period at the end of the sentence shall be replaced by a semicolon and the following words shall be added: "He shall send the statement to the defendant."
10. In Paragraph 74 (2), the first sentence is: "The suspensive effect shall be only on a complaint by the prosecutor against a decision to release the defendant for custody or against a decision rejecting the application for extension of the detention and on the decision of the parties to obtain the State's money guarantee."
11. After Paragraph 79, the following Section 79a is inserted:
Insurance of funds in an account with a bank
(1) If they indicate that the funds in the bank's account are intended to commit or have been used for the commission of the offence or are a proceeds of crime, the President of the Senate and in the preparatory proceedings may decide to secure the funds in the account. The investigator and the police authority need the prior consent of the prosecutor for such a decision.
(2) The decision referred to in paragraph 1 shall be delivered to the bank that holds the account and to the account holder after the collateral has been made by the bank. The decision shall specify the bank connection which shall be understood as the account number and the bank code and the amount of money in the relevant currency to which the collateral relates. Unless otherwise provided for by the law enforcement authority referred to in paragraph 1, any disposition of funds on the account shall be prohibited until the amount of the security, except for the enforcement of the decision, is prohibited when the decision is received. In order to pay the claims which are the subject of the enforcement of the decision, the funds not affected by the decision on collateral shall preferably be used and, if they are not sufficient to cover the claim, the funds secured.
(3) If the freezing of funds in an account for the purposes of criminal proceedings is no longer necessary, or the freezing of funds is no longer necessary, the law enforcement authority referred to in paragraph 1 shall cancel or restrict the freezing. The investigator and the police authority need the prior consent of the prosecutor for such a decision. The decision to cancel or limit the security must be delivered to the bank and to the account holder.
(4) The account holder whose funds have been secured in the account has the right at any time to request the cancellation or limitation of the collateral. If the prosecutor does not comply with such a request in the preparatory procedure, he shall submit it to the court without delay. Such a request shall be decided without delay. If the application has been rejected, the account holder may not repeat the application until 14 days after the legal authority has given it new reasons.
(5) A complaint is admissible against the decisions referred to in paragraphs 1, 3 and 4. "
12. Section 5 of Title Four of Part One, including the title, shall read as follows:
Detention and opening of consignments and their replacement
Detention of the consignment
(1) Where, in order to clarify the facts relevant to criminal proceedings, it is necessary to establish the contents of undelivered telegrams, letters or other consignments coming from, or being addressed to, the defendant, the President of the Chamber and, in the preparatory proceedings, the prosecutor shall order the post office or the person carrying out their transport to issue them to him or to the prosecutor, or to the investigator, or to the police authority.
(2) Without the regulation referred to in paragraph 1, the transport of the consignment may be delayed at the order of the investigator or of the police authority, provided that the matter cannot be delayed and the Regulation cannot be reached in advance. Where the post office or the person carrying the consignments does not receive it within three days of the regulation referred to in paragraph 1, the transport of the consignments shall not delay further.
Opening of the consignment
(1) Only the President of the Chamber and, in preparatory proceedings, in agreement with a judge, a prosecutor, an investigator or a police authority may open a consignment issued under Paragraph 86 (1).
(2) An open consignment is to be surrendered to the addressee and, if its residence is unknown and the consignment is not intended for its own hands, to one of its family members; otherwise the consignment shall be returned to the consignor. However, if there is a concern that the surrender of the consignment could be undermined or significantly impeded by the purpose of the prosecution, the consignment shall be attached to the file; where appropriate, the contents of the letter or telegram shall be notified to the addressee. If his residence is unknown and the consignment is not intended for its own use, notification shall be made to one of his family members.
(3) The consignment which was not recognised as having to be opened shall be returned immediately to the consignee or returned to the post office or person who issued it.
Exchange of consignments
(1) In order to identify persons involved in the handling of a consignment containing narcotic substances, psychotropic substances, poisons, radioactive material, counterfeit money and counterfeit securities, firearms, ammunition and explosives, or any other item for which a special authorisation is required, items intended to commit a crime, or objects derived from a criminal offence, the President of the Chamber and, in preparation, with the consent of the Judge of the Prosecutor, may order that the contents of such a consignment, issued in accordance with Paragraph 86 (1), be replaced by another and the consignment thus modified for further transport.
(2) The substitution shall be carried out by a police authority which shall record and ensure the preservation of the interchangeable items and materials. It is treated as being taken away. "
13. In the last sentence of Paragraph 88 (1), the word "Use 'shall be replaced by" Implementation' and the following sentence shall be added: "If the police authority finds that the defendant is communicating with its lawyer during the wiretap and recording of telecommunications, it shall immediately suspend the wiretap, destroy the record of its content and not use the information it has received in this connection. '
14. In Paragraph 88 (2), the following sentence is inserted after the last sentence: "A copy of the order shall be sent to the prosecutor without delay."
15. in Article 146 (2) (c), the following shall be inserted after the word "court": "and the President of the Senate of the Supreme Court."
16. In Paragraph 151 (3), the following sentence is added at the end: "At the request of a lawyer, the law enforcement authority may take measures to ensure that the lawyer is provided with an adequate advance on remuneration and reimbursement of the final expenses before the end of the prosecution, where justified by the duration of the prosecution or by other serious reasons. '
17. Paragraph 158 is added to paragraph 6:
"(6) If the measures or acts referred to in the preceding paragraphs are carried out by a police authority other than the police authority of the Czech Republic, the subject matter of the investigation shall be notified without delay by the police authority of the Czech Republic, which would otherwise be competent to proceedings. If there is a dispute over jurisdiction between the authority of the Police of the Czech Republic and another police authority, it shall bring the matter before the investigator for consideration. The opinion of the investigator shall be binding on these authorities. ';
18. The following Section 159a is inserted after Section 159:
Temporary postponement of criminal prosecution
(1) Where this is necessary to clarify the criminal activity committed for the benefit of a criminal organisation, a particularly serious intentional offence or any other intentional offence which the declared international treaty obliges to prosecute, or to identify its perpetrators, the investigator may, with the consent of the public prosecutor, temporarily postpone the initiation of the prosecution for a period of no more than two months.
(2) If the reasons for which the prosecution has been temporarily suspended remain, the prosecutor may, on a proposal from the investigator, give his consent to an extension of the period referred to in paragraph 1 for a maximum of two months, including repeatedly.
(3) An investigation shall be carried out by the investigator on the temporary postponement of the criminal prosecution and a copy thereof shall be sent to the prosecutor within 48 hours.
(4) If the reasons for the temporary suspension of criminal proceedings are omitted, the investigator shall immediately initiate prosecution. "
19. In the first sentence of Article 160 (1), the following shall be inserted after the words "Article 159 (2) and (3) ':" or Article 159a (1)'.
20. In the first sentence of Paragraph 160 (2), the following words are inserted after the word "indictment ':" or the opening of criminal proceedings has been temporarily postponed'.
21. In Paragraph 165 (1), the following sentence is added at the end: "If a witness is involved in an interview whose identity is to be kept secret for the reasons set out in Paragraph 55 (2), the investigator shall take measures which make it impossible for the defendant to establish the actual identity of the witness."
22. § 179 reads:
In order to file an indictment and to represent it in a court of law, the public prosecutor of a higher prosecutors shall be responsible than he is present in a court of law if he has supervised the maintenance of legality in the preparatory proceedings and has not transferred the case to a lower public prosecutor. ';
23. In Article 188 (1) (f), the dot at the end of the sentence shall be deleted and the following words shall be added: "or the decision to approve the settlement shall be taken in accordance with Article 309 (1)."
24. in Paragraph 188 (3), the words "points (a) to (e)" shall be replaced by the words "points (a) to (f)" and the following sentence shall be added at the end: "A complaint having suspensory effect, whether or not damaged, may be lodged against a decision on suspension; where the court decides to approve a settlement pursuant to Article 309 (1), only the prosecutor may lodge a complaint having suspensory effect. ';
25. Paragraph 209, including the title, reads:
"Implementation of further evidence
(1) The Chairman of the Senate shall ensure that the witness is not present in the hearing of the defendant and other witnesses. If there is a concern that a witness in the presence of the defendant will not tell the truth, or if it is a witness to whom, or a person close to him, he or she is in danger of causing harm to his health, death or other serious danger, the President of the Chamber shall take measures appropriate to ensure the security or confidentiality of the identity of the witness, or, where appropriate, he or she shall, during the hearing of such a witness in the Chamber. However, on his return to the Chamber, the defendant must be informed of the content of the witness's statement, be able to comment on it and, without meeting the witness, may ask questions through the President of the Chamber. If there is a witness whose identity is to be kept secret (Paragraph 55 (2)), the President of the Chamber shall take measures to prevent the identification of the witness.
(2) If a witness whose identity has been kept secret has been heard in the main trial (§ 55 (2)), the court shall, on its own motion, take all necessary steps to verify its credibility. "
26. The following Section 22a is inserted after Section 223:
Contingency of criminal prosecution and approval of settlement
(1) The Court of First Instance shall suspend or decide to approve the settlement on condition that the circumstances referred to in Article 307 (1) or in Article 309 (1) are found to exist.
(2) A public prosecutor may lodge a complaint against the decision referred to in paragraph 1 with suspensive effect. Such a complaint may also be lodged by the defendant and the injured party against a decision on the suspension of criminal prosecution. ';
27. in Article 225 (1), the following shall be inserted after the words "pursuant to § 223": "for the suspension of criminal prosecution or approval of settlement pursuant to § 2223."
28.
(1) If one of the circumstances referred to in Article 223 (1) and (2), Article 2223 (1) or Article 224 (1) and (2) is manifested outside the main proceedings, the court shall decide whether to suspend the prosecution or to suspend it, to suspend the prosecution or to approve the settlement.
(2) The decision approving the settlement may be taken by a court outside the main court only in a public hearing.
(3) The decision referred to in paragraph 1 may be appealed against by a prosecutor who has suspensory effect, if not for the suspension of the prosecution. Such a complaint may also be lodged by the defendant and the injured party against a decision on the suspension of criminal prosecution. ';
29. Article 266 (1) reads as follows:
"(1) The Minister of Justice may lodge a complaint with the Supreme Court against a final decision of a court, prosecutor or investigator which has infringed the law or which has been made on the basis of a malfunctioning procedure. '
Section 266a is deleted.
31. in § 274, the words "Attorney General" shall be replaced by the words "Attorney General of the Supreme Prosecutor's Office";
32. in Title 19, the following Section 4 is inserted after Section 3:
Settlement
(1) If the defendant declares before the court that he has committed an act for which he is being prosecuted, pays the injured party the damage caused by the offence, or does the necessary action to pay it, or otherwise atone for the harm caused by the offence, and composes on the court's behalf a sum of money intended for the benefit of a particular addressee, and such execution is not likely to be disproportionate to the seriousness of the offence, the court may, with the consent of the accused and the injured party, decide to approve the settlement, if the defendant is not in reasonable doubt and considers that the case is being dealt with.
(2) When deciding, the court shall take into account the nature and gravity of the offence committed, the extent to which the public interest has been affected by the offence, the defendant and his personal and property circumstances.
(3) A decision to approve a settlement may be taken by the court if the defendant is prosecuted for an offence to which the law provides for a custodial sentence, the upper limit of which does not exceed five years.
(4) A public prosecutor may lodge a complaint against the decision referred to in paragraph 1 with suspensive effect.
Before a settlement decision is taken, the court shall always hear the defendant and the injured party.
(1) The decision approving the settlement and the cessation of the prosecution must contain a description of the action to which the settlement relates, its legal assessment, the content of the settlement, including the amount of damage paid or damage to which the necessary actions have been carried out, or a method of other atonement of the damage caused by the offence, the amount of money intended for the general purpose, indicating the recipient and the order to stop the prosecution. In determining the recipient of the sum of money for general good, the court shall be bound by the defendant's application.
(2) The decision approving the settlement shall also include a statement to stop the prosecution for an act involving the offence to which the settlement relates.
The sums for municipalities and other legal persons based in the Czech Republic for the financing of science and education, culture, education, fire protection, support and protection of youth, animal protection, social, health and environmental, humanitarian, charitable, religious for registered churches and religious societies, physical and sporting purposes shall be considered as the amount of money intended for general benefit.
The settlement decision shall be recorded as relevant to criminal proceedings under a special law.
Specific provisions concerning the court's decision to approve settlement in preparatory proceedings
(1) Unless otherwise specified, the provisions of Sections 309 to 313 shall apply to the procedure for the application for a settlement decision in the preparatory procedure.
(2) In the preparatory procedure, the prosecutor may apply to the court for a settlement decision if he considers that the procedure laid down in Article 309 (1) may be followed. The application shall be accompanied by the evidence gathered so far and the statement of the defendant and the injured party that he agrees to such action. The defendant may lodge a sum of money intended for public use only after such an application has been lodged by the court.
(3) The decision approving the settlement in the preparatory procedure shall be taken by a Judge in a public session.
(4) The decision by which the court rejected the application by a prosecutor to approve the settlement and stop the prosecution may be brought by the prosecutor, the accused and the injured.
(5) The prosecutor may withdraw the settlement application until the judge has taken the decision.
(6) The submission of a proposal pursuant to paragraph 2 shall not impede the implementation of further acts of the preparatory procedure. If such an application has been withdrawn or has been definitively rejected, the statement of the defendant under Paragraph 309 (1) may not be regarded as evidence in the subsequent proceedings. '
The fourth section in Title 19 shall be renumbered as the fifth.
33.In Article 314c (1) (a), '(a) to (d)' is replaced by '(a) to (d) and (f)';
34. in Article 314c (2), the following sentence shall be added at the end: "The approval of the settlement shall be decided by a single Judge in a public session."
35. in Article 314c (4), the words "may the prosecutor" shall be replaced by the words "may the prosecutor and the defendant" and the following sentence shall be added at the end: "He may lodge a complaint which has suspensive effect, whether or not damaged, against a decision on suspension; where the court decides to approve a settlement pursuant to Article 309 (1), only the prosecutor may lodge a complaint having suspensory effect. ';
36. Paragraph 314e (2) reads as follows:
"(2) The penalty can be imposed
(a) prison sentence within one year;
(b) punishment for community service;
(c) a penalty of up to five years;
(d) criminal penalties;
(e) the penalty for failing the case. ';
37.
Deciding to change the way in which the sentence is enforced
(1) A change in the manner of execution of the sentence shall be decided in a public session, on a proposal from the prosecutor or the warden of the prison, and not on a decision to transfer a minor to a prison for the other sentenced, whether or not at the request of the sentenced person or without such initiative, by the district court in whose district the sentence of imprisonment is served.
(2) The sentenced person must be heard before deciding to change the manner in which the sentence is to be enforced.
(3) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
38. In the title of Section 328, the following words are added at the end: "and the sentenced persons called to perform civil service '.
39. In Paragraph 328 (1), the dot at the end of the sentence is deleted and the following words are added: "or civil services."
40. In the first sentence of Article 328 (2), the following shall be inserted after the word "military ':
41. Paragraph 335 to 340b, including the headings, read:
Enforcement of the sentence of community service
General provisions
The sentence of community service is carried out by the defendant in the district court in which he resides. With the consent of the defendant, the sentence may be executed outside this district.
Order of enforcement
(1) As soon as the decision to execute the sentence of general service becomes enforceable, the President of the Chamber shall send a copy to the district court in whose district the sentence is to be served.
(2) The nature and place of the work of general interest shall be decided by the district court referred to in paragraph 1. In doing so, it shall be based on the need to carry out such work in its district and shall take account of the fact that the sentenced person carries out the sentence as close as possible to where he lives. At the same time, the sentenced person shall be informed of the obligation to appear within 14 days of receipt of the call to the municipal office in whose district the sentence is to be served to discuss the conditions for the execution of the sentence.
If the sentenced person fails to fulfil the obligation laid down in Paragraph 336 (2) or does not carry out the specified work without any serious reason, the municipal authority shall inform the court which ordered the execution of the sentence without delay. It shall also inform him without delay when the sentenced person has carried out the sentence of public utility work.
(1) If the court has accepted the guarantee of a citizen's interest association as a remedy to the condemned or if it considers the educational coexistence of a citizen's interest association to be beneficial, it shall act accordingly in accordance with Article 329.
(2) The District Office is obliged to concentrate the requirements of municipalities for the performance of community service in its district and to transmit them to the District Court in order to ensure an ongoing overview of the need for such work.
Suspension and suspension of execution
(1) The President of the Chamber shall, for the period required, postpone or suspend the execution of the sentence of general service if the sentenced is suffering from a disease preventing him from serving the sentence.
(2) The term of office of the President of the Chamber shall be one year after the birth.
(3) For other important reasons, the President of the Chamber may postpone the execution of the sentence of public utility work for a maximum period of three months from the date on which the decision imposing the sentence became final.
(4) If the reasons for the suspension or interruption are omitted, the President of the Chamber shall withdraw the suspension or interruption.
(5) The period during which the execution of the sentence of general service has been postponed or interrupted does not count for a period of one year in which the sentence is to be executed.
(6) A complaint having suspensory effect shall be admissible against the decisions referred to in paragraphs 1 to 4.
Deferred and suspended execution of sentence in respect of soldiers and sentenced persons authorised to perform civil service
(1) The President of the Chamber shall postpone or suspend the execution of the sentence of public utility work if the sentenced is called upon to perform a military active service or civil service.
(2) Paragraph 339 (4) and (5) shall apply mutatis mutandis to those sentenced to whom the execution of the sentence has been suspended or suspended pursuant to paragraph 1.
(3) A complaint having suspensory effect shall be admissible against the decisions referred to in paragraphs 1 and 2.
Withdrawal
(1) The President of the Chamber shall refrain from the execution of a sentence of public utility work or the rest of it if the sentenced is unable to perform the sentence in the long term as a result of a change in his state of health.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1.
Transforming the punishment of community service into a prison sentence
(1) The President of the Chamber, acting on a proposal from the District Office or without such a proposal, shall decide whether or not to convert the sentence of public utility work or the remainder of it into a custodial sentence.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
42. In Paragraph 341, the words "payment enforced 'are replaced by the words" the execution of a detention sentence'.
43. § 343 is deleted.
44. In Paragraph 344 (2), the words "and recovery would not result 'are deleted.
45. Paragraph 362, including the title, reads:
Measures in the settlement clearance procedure
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Regulation Information
| Citation | Act No. 152 / 1995 Coll., amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, and Act No. 59 / 1965 Coll., on the Enforcement of Penalties, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.1995 |
|---|---|
| Effective from | 01.09.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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