Act No 178 / 1990 Coll.
Law amending and supplementing the Code of Criminal Procedure
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Effective from 01.07.1990
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178
THE LAW
of 2 May 1990
amending and supplementing the Code of Criminal Procedure
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended by Acts No. 57 / 1965 Coll., No. 58 / 1969 Coll., No. 149 / 1969 Coll., No. 48 / 1973 Coll., No. 29 / 1978 Coll., No. 43 / 1980 Coll. and No. 159 / 1989 Coll., are amended as follows:
1. In the second sentence of Paragraph 1 (1), the word "socialist 'is deleted and the word" socialist' is replaced by the word "civil '.
In paragraph 2, the words "and social organisations' shall be deleted.
2. In Paragraph 2 (7), the words "social organisations' are replaced by the words" public interest associations'.
in paragraph 10, the word "workers' is replaced by" citizens';
3. The title above Section 3 reads:
"Cooperation with interest associations of citizens."
4. In Paragraph 3 (1), the words "social organisations' are replaced by the words" citizen interest associations'.
In the first sentence of paragraph 2, the words "Social organisations' are replaced by the words" citizens' interest associations' and the words "socialist 'are deleted. In the third sentence, the words" social organisations' shall be replaced by the words "citizen interest associations'; the words" workers' shall be replaced by the words "citizens'; the words" those organisations' shall be replaced by the words "those associations'; the words" in the execution of the penalty for corrective action 'and "working person' shall be deleted.
5. In the first sentence of Article 4 (1), the words "Basic organisations of the Revolutionary Trade Union Movement and Youth Organisations' are replaced by the words" Interest associations of citizens which, for the purposes of this Act, refer in particular to trade unions and other social organisations, working groups and churches, with the exception of political parties and political movements', and the word "workers' is deleted. The second sentence is released. In the third sentence, the words" collective labour 'are replaced by the words "collective interest association'. In the last sentence, the words" impose the penalty for corrective action or 'are replaced by "or impose'.
In paragraph 2, the words "the organisation which took over 'shall be replaced by the words" the interest association which took over' and the word "her 'shall be replaced by the word" him'.
6. In Article 5, the words "Organisation referred to 'are replaced by the words" Interest associations referred to', the words "before the District Court as a representative of the Social Prosecutor or Social Counsel 'are replaced by the words" before the District Court and the Regional Court as a court calling off its representative' and the word "workers' is replaced by the words" their collective '.
7. In the first sentence of Article 6 (1), the words "Organisation referred to 'are replaced by the words" Interest associations referred to';
In paragraph 2, the words "the organisation 'are replaced by the words" the interest associations' and the reference in brackets to "(§ 73 (1)) 'is replaced by the words" (§ 73)'.
8.
"(1) State authorities and all organisations shall be obliged to assist law enforcement authorities in the performance of their tasks, in particular with the utmost urgency to comply with their requests. Furthermore, the State authorities shall immediately notify the Prosecutor or the National Security Corps of the facts suggesting that a criminal offence has been committed. ';
9. In Paragraph 9 (1), the words "or the decisions of a social organisation issued by that organisation in the performance of the tasks of a public authority 'are deleted.
10. In Paragraph 10 (1), the words "diplomatic immunity and privileges' are replaced by the words" privileges and immunities under law or international law '.
11. in Article 11 (1), the provisions of point (g) shall be deleted, the existing provisions of point (h) shall be renumbered as (g) and the following provisions (h) and (ch) shall be added:
"(h) where the criminal prosecution is subject to the consent of the injured party and the consent has not been given or withdrawn (§ 163a); or
(ch) if so declared international treaty, which is bound by the Czech and Slovak Federal Republic. "
12. in Article 12 (1), the comma after the word "institution" shall be replaced by a dot, and the words "as well as the clarification authority," shall be deleted.
in paragraph 5, the words "the applicant or, where appropriate, the social lawyer 'are replaced by the words" the representative';
Paragraphs 10 and 11 shall be deleted.
Paragraph 12 becomes paragraph 10 and the words "Supreme Court of the Czech Socialist Republic or Supreme Court of the Slovak Socialist Republic 'are replaced by the words" Supreme Court of the Czech Republic or Supreme Court of the Slovak Republic'.
Paragraph 13 is renumbered paragraph 11 and the words "Prosecutor General of the Czech Socialist Republic or Prosecutor General of the Slovak Socialist Republic 'are replaced by the words" Prosecutor General of the Czech Republic or Prosecutor General of the Slovak Republic'.
Paragraph 14 shall become paragraph 12.
13. In Paragraph 13, the words "Supreme Court of the Czech Socialist Republic, Supreme Court of the Slovak Socialist Republic" are replaced by the words "Supreme Court of the Czech Republic, Supreme Court of the Slovak Republic."
14. in Article 14 (3) (b):
"(b) for offences of espionage (§ 105 tr. zak.) and threats to state secrecy (§ 106, 107 tr. zak.), if they were particularly threatened by the interest of defence of the country."
15. In the first sentence of Paragraph 17 (1), the words "death penalty 'are replaced by the words" exceptional punishment' and in the second sentence, the words "subverting the Republic 'and" damaging the state of the world socialist system' are deleted.
16. In Paragraph 20 (2), the words' and offence 'and the words' which 'shall be replaced by' which 'shall be deleted.
17. in Paragraph 30 (2), the word "applicant" shall be replaced by "representative" and the words "social defence lawyer" shall be deleted.
18. Paragraph 33 (1) reads as follows:
"(1) The defendant has the right to comment on all the facts which he is accused of and the evidence of them, but is not obliged to testify. It may state the circumstances and evidence used to defend it, make proposals and appeal. It has the right to choose and consult an attorney during acts carried out by a criminal authority. However, in the course of his interview, he cannot consult the lawyer on how to answer the question already put. It may request that he be questioned with the participation of his lawyer and that he participate in other preparatory proceedings (§ 165, 169). If he is in custody or in the execution of a prison sentence, he may speak to the lawyer without the presence of a third party. Those rights shall also apply to the defendant if he is deprived of his legal capacity or is limited to his legal capacity. ';
the following paragraph 2 is inserted after paragraph 1:
"(2) The defendant who has insufficient resources to cover the costs of the defence shall be entitled to the defence free of charge."
Paragraph 2 shall become paragraph 3.
19. In Paragraph 34, the current text of the paragraph becomes paragraph 1 and the following paragraph 2 is added:
"(2) In cases where the legal representative of the accused cannot exercise his rights as referred to in paragraph 1 and there is a danger of delay, the President of the Chamber and, in the preparatory proceedings, the Prosecutor may appoint a guardian to exercise those rights. A complaint shall be admissible against a decision on the provision of a guardian. ';
20. Paragraph 35 (1) is deleted. Paragraph 2 shall be renumbered paragraph 1 as follows:
"(1) A criminal defense attorney can only be a lawyer. In criminal proceedings, if the facts forming the subject of state secrecy are discussed, only a lawyer who can become acquainted with state secrecy may be a lawyer. The selection of such lawyers shall be made by the advocacy bodies in accordance with the aspects set out in the rules governing the protection of state secrets and shall keep lists thereof. ';
Paragraph 3 shall become paragraph 2.
21. In Paragraph 36, the heading "Necessary defence" moves beyond the numerical description of the paragraph.
In paragraph 4, the comma after the word "foreign 'shall be replaced by" a', the comma after the word "treatment 'shall be replaced by a dot, and the words" in the absence of protective anti-alcoholic treatment' shall be deleted from the proceedings.
22. The following Section 36a is inserted after Section 36:
(1) In an enforcement procedure in which the court decides in a public session, the sentenced lawyer must have:
(a) is deprived of legal capacity or is limited to legal capacity;
(b) if there is a conditional release from the imprisonment of a minor who did not complete the nineteenth year at the time of the public meeting,
(c) is in custody or in the execution of a prison sentence; or
(d) where there is doubt as to its ability to defend itself properly.
(2) In the infringement complaint proceedings and the recovery order proceedings, a convicted lawyer must have:
(a) if the cases referred to in Article 36 (1) (a) or (b) are concerned,
(b) if there is an offence for which the law provides for a custodial sentence, the upper limit of which exceeds five years;
(c) if, at the time of the public meeting, the young person has not completed the nineteenth year of his or her application for renewal, or
(d) where there is doubt as to his ability to defend himself properly. ";
23. In the first sentence of Paragraph 38 (1), the reference in brackets to "(§ 36) 'is replaced by a reference to" (§ 36 and 36a)'.
24.
Where necessary, the lawyer shall be appointed by the prosecutor and the President of the Court in the proceedings. ';
25. In Paragraph 40, the following sentence is added at the end: "The acquittal shall be decided by the Prosecutor and by the President of the Court of Justice in court. '.
26. in Paragraph 41, the following paragraph 6 is added:
"(6) The defendant shall have the right at all stages of the criminal proceedings to request in advance a copy or a copy of the Protocol (§ 55) of any action of the criminal proceedings. The law enforcement authorities (§ 12 (1)) are obliged to comply with it; may refuse only if it is not possible for technical reasons. The costs associated with this shall be borne by the State. '.
27. in Paragraph 43, paragraph 3 is deleted.
28. in Paragraph 44 (2), the first sentence shall be deleted.
29. In Paragraph 45, the following paragraph 2 is added:
"(2) In cases where the legal representative of the injured party is unable to exercise his or her rights as referred to in paragraph 1 and there is a danger of delay, the President of the Chamber and, in the preparatory proceedings, the prosecutor may appoint a guardian to exercise those rights to the injured party. A complaint shall be admissible against a decision on the provision of a guardian. ';
Paragraph 2 shall become paragraph 3.
30. In Paragraph 47 (4), the last sentence is: "In preparatory proceedings, the prosecutor may also ensure that the victim is entitled, on his own motion, to protect his interests, in particular if there is a risk of delay."
31. paragraph 3 shall be deleted in Paragraph 50. Paragraph 4 is renumbered paragraph 3 and the citation "Paragraph 35 (2) 'is replaced by the citation" Paragraph 35 (1)'.
32. In the second sentence of Paragraph 58 (4), the words "or the President of the Supreme Court 'shall be deleted.
33. in Article 60 (3), the words "or leave of work" shall be inserted after the words "on the day of work."
34. In Paragraph 62 (5), "diplomatic privileges and immunities' is replaced by" privileges and immunities under international law ';
35. in Paragraph 65 (1), the first sentence is: "The accused, the injured and the interested party, their lawyers and agents, as well as the social representative, have the right to inspect the files, with the exception of the voting protocol, make copies of them and make notes and make copies of them at their expense."
Paragraph 36 of Paragraph 66 reads:
(1) Anyone who, despite prior notice, rescues the proceedings or who acts in an offensive manner to a court, prosecutor, investigator or search authority or who, without a sufficient excuse, disobeys an order or fails to comply with a challenge given to him under this law, may be punished by a court, prosecutor, investigator or search authority by the President of the Senate and in preparatory proceedings by an order of order up to 1000 Kcs.
(2) Where the conduct referred to in paragraph 1 is carried out by a member of the armed forces or an armed corps in active duty, the competent commander or chief may be left to disciplinary punishment. Where such conduct is committed by a person who is in custody or in the execution of a prison sentence, he may be left to the Chief of the Prison or Correctional Institute for the imposition of an order or disciplinary punishment. The competent master or chief shall inform the criminal authority of the outcome.
(3) Where the conduct referred to in paragraph 1 is committed by a lawyer or by a prosecutor in proceedings before a court, he shall be referred to the competent authority for disciplinary action. That authority shall inform the law enforcement authority of the outcome.
(4) A complaint having suspensory effect shall be admissible against the decisions referred to in paragraphs 1 to 3. ';
37. In Section 67, the word "specific 'shall be inserted before the word" facts'; in point (a), the words "or employment 'are deleted.
38. Paragraph 69, including the title, reads:
Arrest warrant
(1) If there is sufficient justification for a concern based on any of the grounds of detention under Paragraph 67, and the defendant cannot be summoned, demonstrated or detained, thereby ensuring that he is present in the hearing, the prosecutor and the President of the Chamber shall order the defendant to be arrested in court.
(2) The arrest warrant shall contain, in addition to data ensuring that the defendant is not confused with another person, a brief description of the offence for which the defendant is being prosecuted, an indication of the offence which is seen in that action and a precise description of the reasons for the arrest warrant.
(3) The arrest shall be carried out on the basis of an order by the National Security Corps authorities, which are also required, if necessary, to trace the defendant's whereabouts.
(4) The authority of the National Security Corps which has arrested the defendant under an order must deliver him without delay and within 24 hours at the latest to the authority which issued the order; If this is not possible due to the considerable distance between the place of arrest and the location of the authority issuing the order, the defendant must be delivered within 24 hours of his arrest to another court having jurisdiction and in the preparatory proceedings of the prosecutor. If not, the accused must be released.
(5) The institution to which the defendant has been delivered must immediately hear the defendant, decide on the detention and the decision to notify the defendant within 24 hours of being delivered to him. Where the hearing of the accused is carried out by another competent authority in substance, it shall inform the authority which issued the arrest warrant of its outcome. Upon receipt of the information on the hearing, that authority shall decide on the detention and notify its decision through the hearing authority of the defendant. The decision on detention shall be notified to the defendant within 24 hours of the time when the defendant was delivered to the hearing authority. If the accused is not notified within 24 hours of being delivered to the hearing authority, the defendant shall be released.
(6) In proceedings before a court, the President of the Chamber shall decide on the detention of the arrest.
(7) Where necessary, the supply of the defendant to the place of enforcement shall be carried out by the national security authority. ';
39. In the second sentence of Paragraph 71 (1), the words "each month shall not exceed one month but shall not exceed one year 'shall be replaced by the words" not exceeding six months'. In the third sentence, the words "only the Prosecutor General of the Czechoslovak Socialist Republic shall extend the link for a maximum of one month 'are replaced by the words" only the Prosecutor General shall extend the link'. In the fifth sentence, "two years' is replaced by" one year '.
In paragraph 2, the first sentence shall read: "In proceedings before a court, the detention may take no more than one year."
In paragraph 3, the following sentence is added at the end: "In a case in which the defendant has already been brought into custody in preparatory proceedings, the time limit referred to in paragraph 2 shall be calculated from the date on which the defendant was served."
40.
Replacement by guarantee or promise
(1) If the reason for the detention referred to in Article 67 (a) or (c) is given, the detention authority may leave the defendant free or release him if:
(a) the association referred to in Article 4 (1), or a trustworthy person able to influence the conduct of the defendant favourably, offer to take over the guarantee for the further conduct of the defendant and for the defendant to appear at the court, prosecutor, investigator or search authority at all times, and to notify in advance of his departure from the place of residence and the court or in preparatory proceedings the prosecutor considers the guarantee to be sufficient for the defendant and the nature of the case in question; or
(b) the defendant shall make a written promise that he will lead a proper life, in particular that he will not commit a crime and that he will fulfil the obligations and respect the restrictions imposed on him and that the court or the prosecutor, in preparatory proceedings, considers the oath to be sufficient in relation to the defendant and to the nature of the case in question and accepts it.
(2) The Tribunal and, in the preparatory proceedings, the prosecutor shall inform the person offering the guarantee referred to in paragraph 1 (a) and fulfil the conditions for its acceptance, with the substance of the accusation and the facts in which the grounds for detention are found. "
41. After Paragraph 73, the following Section 73a is inserted:
Property guarantee
(1) If the reason for the detention referred to in Section 67 (a) is given, the court and the prosecutor may, in the preparatory proceedings, leave the defendant or release him or her free if the defendant or, with his consent, another person offers a property guarantee in the form of money or freely convertible securities, the court or the prosecutor considers it sufficient and accepts it in relation to the defendant and the nature of the case. If the property guarantee is offered by a person other than the accused, the nature of the charges and the facts in which the reason for the detention is found shall be known before its adoption.
(2) In the light of the property ratios of the defendant or of the person offering the property guarantee, the nature of the act committed and the amount of the damage caused, the court and, in the preparatory proceedings, the prosecutor shall determine the form and amount of the property guarantee in the range of 10 000 to 1 000 000 Kčs, the period by which it must be lodged and its duration.
(3) If the property guarantee is lodged by a person other than the defendant, he may withdraw. Withdrawal is effective only by the adoption of a new property guarantee or by a decision to revoke it.
(4) If the defendant escapes or hides, or does not notify a change of residence in order to prevent the delivery of a summons or other document to the court, prosecutor, investigator or search authority, the property guarantee of the State shall be assumed. This consequence must be brought to the attention of the accused and the person who lodged the property guarantee must be brought to the fore.
(5) The property guarantee will be revoked on the application of the defendant or of the person who lodged it, or on his own motion by the court and in the preparatory proceedings by the prosecutor, if the reasons for its adoption have ceased to exist. If the defendant has been convicted of a final sentence, the court may decide that the property guarantee shall continue until the date on which the defendant commences the execution of the sentence.
(6) A complaint is admissible against the decision on the property guarantee. Only a complaint against the decision to place the State's property guarantee shall have suspensory effect. '
42. The following Section 74a is inserted after Section 74:
Restrictions on the defendant in the execution of a prison sentence
(1) Where criminal proceedings are brought against the defendant in the execution of a custodial sentence and one of the grounds for detention referred to in paragraph 67 is given, he shall decide on the grounds, content and duration of the necessary restrictions to be applied against him, the court and the preparatory proceedings of the prosecutor.
(2) The restrictions imposed must not be more serious than those to which the defendant would otherwise be subject in custody.
(3) Paragraphs 71, 72 and 74 shall apply mutatis mutandis to the limitation and duration proceedings. "
43. In the second sentence of Paragraph 75, "48 'is replaced by" 24'.
44. In the second sentence of Article 76 (2), the words "the Prosecutor or the investigator or authority of the National Security Corps' shall be replaced by the words" the Prosecutor, the investigator, the search authority or the National Security Corps'.
In the second sentence of paragraph 4, "48 'is replaced by" 24'.
In paragraph 5, the following sentence is added at the end: "The detained person shall have the right to choose an attorney and to consult him already during detention; he shall also have the right to be present at the hearing referred to in paragraph 4 and at the hearing held by the prosecutor before the decision on detention (Paragraph 77), unless the lawyer is unattainable within the time limits set therein. ';
45. in § 77, the number "48" is replaced by "24."
46. in the last sentence of Paragraph 83 (1), "48" is replaced by "24."
In the first sentence of paragraph 3, the words "order for delivery to custody 'are replaced by the words" arrest order'.
47. in Paragraph 85 (4), the number "48" is replaced by "24."
48. In Title Four, the following Section sixth is inserted after Section Five:
Phone call eavesdropping
(1) Following the initiation of criminal proceedings for a particularly serious intentional offence or for any other intentional offence which the declared international treaty obliges to prosecute, the President of the Senate and in the preparatory proceedings, the Prosecutor may order the wiretap of telephone calls if it can reasonably be assumed that significant facts for criminal proceedings will be disclosed by them. However, phone calls between the defendant and the defendant cannot be monitored.
(2) The order for wiretap telephone calls must be issued in writing and justified. At the same time, it must specify the time during which the wiretap of telephone calls will be made. The listening shall be provided by the National Security Corps.
(3) Where criminal prosecution is conducted for a criminal offence other than that referred to in paragraph 1, the law enforcement authority may order the wiretap of telephone calls only with the consent of the subscriber of the eavesdropping telephone station.
(4) If the recording of a telephone call is to be used as evidence, it shall be accompanied by a record indicating the location, time, manner and content of the record made and the person who issued the alert. ';
49. In Paragraph 89, after paragraph 2, the following paragraph 3 is added:
"(3) The evidence obtained by illegal coercive or threat of such coercive shall not be used in proceedings except where it is used as evidence against the person who used such coercive or threat of coercion. ';
50. In the first sentence of Paragraph 105 (1), the words "to be gained by an expert 'shall be replaced by the words" to be decided by the law enforcement authority to take over the expert'.
The following paragraph 3 is added after paragraph 2:
"(3) A complaint having suspensory effect shall be admissible against decisions to add an expert. ';
51. In Paragraph 107 (2), the following sentence is added at the end: "The judgment is served on the defence's costs. '
52. In Paragraph 120 (1) (a), the words "and not of the judgment of the Supreme Court" shall be deleted.
53. In the first sentence of Paragraph 122 (1), the words "social organisation 'are deleted.
54. In the fifth sentence of Paragraph 125, the words "If a social organisation 'are replaced by the words" If a citizen's interest association'.
55. in Article 126 (f), the words "social organisation" are replaced by the words "citizen interest association."
56. Paragraph 130 (4) reads as follows:
"(4) If a social representative is present at the main trial, a copy of the judgment shall also be delivered to the interest association of the citizens who sent it. '
57. the last sentence of Paragraph 141 (2) shall be deleted and the following paragraph 3 shall be inserted after paragraph 2:
"(3) A complaint may be lodged against the order of the Attorney General only if it is on the order on the seizure of persons or property pursuant to Paragraph 146a. The complaint shall be decided by the competent Supreme Court. '.
Paragraph 3 shall become paragraph 4.
58. in Article 146a, the following provision (b) is inserted after the provisions of (a):
"(b) The prosecutor has imposed restrictions on the defendant in the execution of the sentence of imprisonment or has rejected the defendant's application for annulment (§ 74a),"
The existing provisions under (b), (c), (d) shall be marked (c), (d), (e).
59. In Section 151, the word "withdrawal 'is replaced by" election'; the current text of the paragraph becomes paragraph 1 and new paragraphs 2, 3, 4 are added:
"(2) The defendant who has been appointed by the defendant shall be entitled to remuneration and reimbursement against the State in accordance with the legal fee.
(3) The amount of remuneration and the reimbursement of final expenses shall be decided on a proposal from the lawyer by the law enforcement authority whose decision has been final. In proceedings before a court, the President of the Chamber of the Court of First Instance shall decide.
(4) A complaint having suspensory effect shall be admissible against a decision under paragraph 3. ';
60. in Paragraph 152 (1), the following paragraph (b) is inserted after point (a):
"(b) the remuneration and final expenses paid by the designated lawyer by the State, unless he is entitled to the defence free of charge,";
The current provisions under (b), (c) are marked (c), (d).
in paragraph 3, "(c) 'is replaced by" (d)';
61. In Article 155, the words "and the obligation to reimburse remuneration and expenses incurred by the designated lawyer by the State 'shall be inserted after the words" binding' and the reference in brackets to "[Paragraph 152 (1) (a)] 'shall be replaced by" [§ 152 (1) (a), (b)]'.
62. In Section 156, the reference in brackets to "[§ 152 (1) (c) and § 153 (1)] 'is replaced by" [§ 152 (1) (d) and § 153 (1)'.
63. § of the title of the second part is deleted by the words "and clarification of offences."
64. In Section 157, the words "and the clarification body 'are deleted and the comma after the word" investigator' is replaced by "a '.
65.In paragraphs 1 and 3 of Paragraph 158, the words "criminal offences" are replaced by the words "facts suggesting that an offence has been committed."
66. In Paragraph 159 (4), the first sentence is: "The order to postpone the case must always be delivered to the notifier and the injured party who may file a complaint against it."
67. In Paragraph 163 (4), the following sentence is added at the end: "If a criminal prosecution has not yet been initiated for this act, a decision must first be taken within the meaning of Paragraph 160 (1)."
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Regulation Information
| Citation | Act No. 178 / 1990 Coll., amending and supplementing the Code of Criminal Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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