Act No. 166 / 1998 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Valid
Law
Effective from 01.01.1999
166
THE LAW
of 12 June 1998
amending 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 Court (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. 209 / 1990 Coll., Act No. 148 / 1998 Coll., Act No. 558 / 1991 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll.
1. Paragraph 8 (2) reads as follows:
"(2) If, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that a criminal offence has been committed or, in court, also to assess the circumstances of the defendant or for the enforcement of the decision, the Prosecutor and the President of the Chamber may, after filing the indictment, request information which is the subject of a bank secret and information relating to the security records. The conditions under which a criminal authority may require data obtained in tax proceedings shall be laid down in a separate law. Data subject to bank secrecy or security records or data obtained in tax proceedings shall not be used for any purpose other than the criminal proceedings under which they were requested. ';
2. Paragraph 67, including the title, reads:
Reasons for the link
(1) The defendant may only be brought into custody if there are specific facts which justify concern,
(a) that he will flee or hide in order to avoid prosecution or punishment, in particular if his identity cannot be ascertained immediately, if he is not domiciled or is facing a high sentence;
(b) that it will affect witnesses or co-defendants not yet heard or otherwise impede the clarification of facts relevant to criminal prosecution; or
(c) to continue the criminal activity for which he is prosecuted, to complete the offence which he has attempted or to carry out the offence which he has prepared or threatened.
(2) In the preparatory proceedings, the court may decide to take the defendant into custody or to extend him only if one of the grounds for the detention referred to in paragraph 1 and the facts as to which it has been found suggest that the action for which the charge has been made has been committed, has all the characteristics of the offence, and there are obvious grounds for suspecting that the offence has been committed by the defendant. '
3. In the last sentence of Paragraph 75, the number "24 'is replaced by" 48'.
4. In the last sentence of Paragraph 76 (4), the number "24 'is replaced by" 48'.
5. In the first sentence of Paragraph 77 (1), "24 'is replaced by" 48'.
6. In Paragraph 157 (2), the following sentence is added at the end: "In order to examine the notification of facts suggesting that a criminal offence has been committed, the prosecutor shall be entitled to:
(a) require the investigator and the police authority to request files, documents, materials and reports on the procedure for examining notifications;
(b) withdraw any action from an investigator or police authority and take measures to order it to another investigator or police authority;
(c) withdraw the case from the police authority and order it to the investigator for the reasons set out in this law,
(d) temporarily delay the initiation of criminal proceedings. "
7. In Article 163a (1), the following shall be added after the words "the unauthorised use of a foreign object pursuant to Article 249,": "the unlawful interference with the right to a house, apartment or non-residential space pursuant to Article 249a (1),"
8. The following Section 330a is inserted after Section 330:
(1) Where a suspended sentence has been imposed with supervision, the court shall monitor the conduct of the suspended and compliance with the restrictions and obligations imposed in the manner to which the law authorises it. Depending on the nature of the case, it shall request cooperation between public authorities, interest associations of citizens and other institutions, institutions and persons. In the exercise of supervision, no obligations other than those arising from the law or judgment of the court may be imposed on the subject of a cross-compliance.
(2) Paragraph 330 shall apply mutatis mutandis to the decision on whether or not a suspended sentence has been certified as a suspended sentence. '
9. After Paragraph 359, the following Section 359a is inserted:
Convicted abandonment of punishment with supervision
Unless otherwise provided for, the procedure for the exercise of supervision of a convicted person who has been suspended with supervision on condition and for the decision on whether or not the convicted person has proved himself or is subject to a penalty shall be applied mutatis mutandis to the provisions of Paragraph 330a. The court shall decide in a public sitting to impose a sentence on a sentenced person who has been suspended with supervision. '
This Act shall take effect on 1 January 1999.
Zeman v. r.
Havel v. r.
Tošovský v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 166 / 1998 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1998 |
|---|---|
| Effective from | 01.01.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0