Act No. 163 / 2016 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and Act No. 40 / 2009 Coll., Criminal Code, as amended
Valid
Law
Effective from 01.07.2016
Text versions:
01.07.2016
23.05.2016
163
THE LAW
of 27 April 2016
amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, and Act No. 40 / 2009 Coll., the Criminal Code, as amended
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. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No 2004, Act No. 5, Act No. 5, Act No. 2006, No, Act No. 2006, Act No. 2006, No 1999, Act No. 5, No 1999, Act No. 5, Act No. 2006, No 1999, No 1999, No 1999
1. In Article 11 (1), at the end of the text in point (c), the words "if not for temporary exemption or if the prosecution of a person for lack of consent of an authorised authority is not admissible only temporarily 'shall be added.
2. Article 11a reads:
(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if the decision has not been revoked in the prescribed procedure.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 a suspect under Paragraph 159d (1), unless the decision has been annulled in the prescribed procedure. '
3. The heading of Paragraph 146a reads: "Decision of the Court of First Instance on a complaint against decisions of a prosecutor or police authority."
4. in Article 146a (1) (k), the word "or" shall be deleted;
5. in Article 146a (1) (l), the words "(§ 81b (1))," shall be replaced by "(§ 81b (1)), or"
6. in Article 146a (1), the following point (m) is inserted after point (l):
"(m) decide not to fulfil the conditions laid down in Article 159c (1),"
7. In Article 159b (2), the words "in accordance with paragraph 1 'shall be inserted after the word" prosecution'.
8. In 159b, the following paragraph 3 is inserted after paragraph 2:
"(3) The police authority shall temporarily postpone the initiation of the prosecution of a person even if that person is temporarily excluded from the jurisdiction of the law enforcement authorities (Section 10) or if its prosecution is temporarily inadmissible for lack of the consent of the authorised authority. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
9. The following Sections 159c and 159d are inserted after Section 159b:
Special provisions on temporary postponement of criminal prosecution
(1) The police authority shall decide on the temporary postponement of the prosecution of a suspected criminal offence in insolvency proceedings pursuant to Article 226 (2), (4) or (5) of the Criminal Code, the infringement of the rules on competition pursuant to § 248 (1) (e), (3) or (4) of the Criminal Code, the pletiche in the award of a public contract and the public tender pursuant to § 257 (1) (b), (2) or (3) of the Criminal Code, shall notify the police authority of the fact which is known to him about the criminal activity of which, in the event of a public auction or another claim, and of the fact that he has made a claim to the court, voluntarily and without undue delay to the public prosecutor of a notice to the State representative or to the police authority, if the suspect has promised to whom he is aware of the criminal activity, or has made a claim for the property, or otherwise, or otherwise, or otherwise, and has made a claim to the pleading, in the proceedings before the Court of the Court of a pleadjudication.
(2) A decision on the temporary postponement of the prosecution referred to in paragraph 1 may not be taken if a bribe, property or other benefit has been promised in connection with the exercise of the authority of an official referred to in Article 334 (2) (a) to (c) of the Criminal Code or an official referred to in Article 334 (2) (d) of the Criminal Code, if it is for an official in a legal person in which a foreign State has a decisive influence.
Decision not to prosecute a suspect
(1) In the absence of further findings which exclude a decision to suspend the prosecution temporarily and if the suspect has fulfilled his obligations under Article 159c (1), the prosecutor shall decide not to prosecute, otherwise he shall decide that the suspect has failed to comply with the conditions under Article 159c (1). There is an admissible complaint against this order which has suspensory effect.
(2) A decision on the non-prosecution of a suspect may be taken only after the final termination of the criminal proceedings of a person who has requested a bribe, property or other benefit of the suspect if the period for the lodging of a claim has elapsed or the period for lodging a constitutional complaint has elapsed or the decision has been made on the lodged constitutional complaint, or after the final postponement or other settlement of the case, unless the prosecution of the person who has requested a bribe, property or other benefit of the suspect has elapsed.
(3) The order on the non-prosecution of the suspect shall be delivered without delay by the prosecutor to the Supreme Public Prosecutor.
(4) Following the legal authority of a decision not to comply with the conditions laid down in Article 159c (1), the police authority shall immediately prosecute. ';
10. in Article 160 (1), the words "or 159b (1)" are replaced by the words "or 159b (1) and (3) or 159c (1)";
11. in Article 173 (1), the following point (d) is inserted after point (c):
"(d) where the accused is temporarily excluded from the jurisdiction of the law enforcement authorities (Section 10) or where his prosecution is temporarily inadmissible due to a lack of consent from the competent authority, '.
Point (d) shall be renumbered as point (e).
12. Article 174a reads:
(1) The Attorney General may, within three months of the legal authority, revoke the unlawful orders of the lower prosecutors on the non-prosecution of a suspect pursuant to Paragraph 159d (1), on the cessation of criminal prosecution or on referral.
(2) To this end, the Prosecutor of the Supreme Prosecutor may request files, documents, materials and reports from the lower prosecutors and carry out verifications.
(3) If the Attorney General withdraws a resolution on the cessation of criminal prosecution or referral, he shall continue the proceedings of the Prosecutor who took his decision at first instance. In doing so, it is bound by the legal opinion expressed in its decision by the Supreme Prosecutor and is obliged to carry out the acts and additions which the Supreme Prosecutor ordered to carry out.
(4) If the Attorney General withdraws a resolution on the non-prosecution of the suspect, the police authority shall decide on the initiation of the prosecution, unless otherwise dealt with. '
13. In Article 179b, the following paragraph 6 is added:
"(6) If the suspect is a suspect who is temporarily excluded from the jurisdiction of the law enforcement authorities (Section 10) or whose prosecution is temporarily inadmissible for lack of the consent of the authorised authority, the prosecutor shall act accordingly in accordance with the provisions of Section 159b (3). '
14. in Articles 186 (c) and 188 (1) (d), the words "(a) to (d)" shall be deleted;
15. in Articles 224 (1), 255 (1) and 314r (5), "(b) to (d)" shall be replaced by "(b) to (e)."
16. In Article 284, the words "including a decision not to prosecute a suspect (Article 159d (1)), if it has been made following the annulled contested decision 'shall be added at the end of the text of paragraph 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. 259 / 2013 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 241 / 2013 Coll., Act No. 241.
1. In Paragraph 34, at the end of paragraph 3, the dot is replaced by a comma and the following point (h) is added:
"(h) the period during which the prosecution has been temporarily suspended."
2. Paragraph 240 (3) reads as follows:
"(3) By withdrawing liberty for five to ten years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed to a large extent; or
(b) commit the act referred to in paragraph 2 (c) in conjunction with an organised group operating in several States. ";
3. In Section 240, the following paragraph 4 is added:
"(4) Preparation is criminal."
4. In Article 367 (1), the words "the reduction of taxes, fees and similar compulsory payments pursuant to Article 240 (3) 'are deleted.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 163 / 2016 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and Act No. 40 / 2009 Coll., Criminal Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.05.2016 |
|---|---|
| Effective from | 01.07.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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