Act No. 181 / 2011 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Valid
Law
Effective from 01.07.2011
Text versions:
01.07.2011
30.06.2011
181
THE LAW
of 8 June 2011
amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 99, Act No. 100 / 2004, Act No. 100, Act No. 100, Act No. 100, Act No. 100, Act No. 1999, Act No. 99, Act No. 1999, Act No. 99, Act No. 100, Act No. 1999, Act No. 100, Act No. 2004, Act No. 1999, No 1999, No 1999, No 1999, No 1999, Act No. 1999, Act No. 1999, Act No. 1999, Act No. 99, No 1999, No 1999, Act No. 1999, No 1999, No 1999, No 1999, No 1999,
1. In Article 6 (3), the words "or non-property damage 'shall be inserted after the word" damage' and, at the end of the text of the paragraph, the words "or to grant unfounded enrichment obtained by a criminal offence 'shall be added.
2. At the end of the title of Section 43 and in Section 314f (2) at the end of the first sentence, the words "or non-property damage or for the issue of unjustified enrichment 'shall be added.
3. In Paragraph 43 (1), the words "moral or other 'are replaced by the words" or non-property damage, or at the expense of which the offender has been enriched by the offence'.
4. Paragraph 43 (3) reads as follows:
"(3) The injured party shall also be entitled to propose that the court, in a condemning judgment, impose an obligation on the defendant to pay in cash the damage or non-property damage caused by the injured party by the offence, or to issue an unjustified enrichment which the defendant has acquired at his expense by the offence. The application must be made at the latest for the main trial before the taking of evidence (Section 206 (2)). The application shall show the reasons for and the extent to which the claim for compensation or non-property damage is claimed or for what reasons and to what extent the claim for unjust enrichment is claimed. '
5. In § 44 (2), second and last sentences, § 47 (3), § 47a (1), first and second sentences, § 47a (2) and (3), § 155 (3), § 175 (1) (e), § 198 (2), last sentence, § 206 (3), second sentence, and in § 207 (1), the words "or non-property damage or unfounded enrichment shall be inserted after the word" damage. "
6. In Paragraph 45 (3), the words "or for the issue of unjustified enrichment 'shall be inserted after the word" damage'.
7. Paragraph 47 (1) reads:
"(1) Where there is a reasonable concern that the claim of the injured party to compensation or non-property damage caused by a criminal offence or to the issue of an unjustified enrichment obtained by a criminal offence will be undermined or made more difficult, the claim may be secured on the defendant's property up to the likely amount of damage or non-property damage or up to the likely extent of unfounded enrichment. '
8. Paragraph 51a (1) reads as follows:
"(1) If the injured party who has claimed, in accordance with the law, a claim for compensation or for loss of property or for the issue of an unjustified enrichment that he does not have the means to pay for the costs incurred by the agent, the President of the Chamber of the Court of First Instance and in the preparatory proceedings shall decide that he is entitled to legal aid provided by the agent free of charge or for reduced remuneration; This shall not apply where, in view of the nature of the compensation claimed, or of the amount of damage or of the amount thereof, or of the nature and extent of the unjustified enrichment, the representation by the agent would appear to be redundant. ';
9. In Paragraph 59 (5), at the end of the first sentence, the words "or non-property damage or for the issue of unfounded enrichment 'shall be added.
10. in Article 73a (6), the words "paragraph 7 shall not be affected" shall be added at the end of the first sentence.
11. in Article 73a, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) Where a judgment condemning the defendant has imposed an obligation to compensate the damaged property damage or non-property damage in cash and the injured party has requested it within the prescribed time limit, the cash guarantee shall be used for the recovery of the injured party's claim after the sentenced has fulfilled his obligations referred to in paragraph 6. If the cash guarantee is not sufficient to satisfy the claims of all the injured parties, those claims shall be satisfied on a pro rata basis.
(8) As soon as the cash guarantee can be used to cover the injured party's claim under paragraph 7, the court shall inform the injured party accordingly. If the injured party does not request the use of a cash guarantee to cover his claim within three months of such notification, the cash guarantee shall be returned to the sentenced or the person who lodged the cash guarantee. This must be taught to the victim. '
Paragraph 7 shall become paragraph 9.
12. in Article 73a (9), the word "or" shall be replaced by a comma and after the word "proceedings" shall be inserted the words "or in order to pay the injured party's claim."
13. in Paragraph 89 (1) (e), the word "a" is replaced by a comma and the words "and unfounded enrichment" are added at the end of the text of the letter.
14. in Paragraph 121 (a):
"(a) on compensation for damage or non-property damage in cash or on the issue of unjustified enrichment where the claim for compensation or non-property damage in money or for the issue of unjustified enrichment has been applied in due time (§ 43 (3)),"
15. at the end of the text in point (g), the words "or non-property damage in money or unfounded enrichment" shall be added.
16. in § 130 (1), § 154 (2), § 229 (3), § 278 (1), first sentence and in § 284 (3), the words "or non-property damage in money or for the issue of unjustified enrichment" shall be inserted after the word "damage."
17. in Article 154 (1):
"(1) If the injured party has at least partly been granted a claim for compensation or for non-property damage in cash or for the issue of unjustified enrichment, the sentenced person to whom the obligation to make good or non-property damage in money or to make good the damage was imposed shall be obliged to reimburse the injured party also the costs necessary for the effective exercise of that claim in criminal proceedings, including those incurred by the removal of the agent. ';
18. in Article 179g (1), at the end of the text referred to in point (b), the words "or issued unfounded enrichment by an act obtained."
19. In the first sentence of Article 206 (2), the words "or non-material damage in money 'shall be inserted after the words" or for the purpose of the unfounded enrichment obtained by the offence'.
20. Paragraph 228 (1) reads as follows:
"(1) If the court condemns the defendant for a criminal offence involving other property damage or non-property damage or which he has inadvertently enriched himself or has inadvertently enriched at the expense of the injured party, it shall require him in the judgment to make good the property damage or non-property damage to the victim in cash, or to grant unfounded enrichment where the claim has been applied in good time (Paragraph 43 (3)), unless otherwise provided for in that law; If there is no legal impediment to this, the court shall always impose an obligation on the defendant to make good or to make good the damage or the amount of unjust enrichment if the amount of the damage or the amount of unfounded enrichment is part of the description of the action referred to in the judgment in which the defendant is recognised as guilty, and the damage to that amount has not yet been paid or the unjust enrichment has not yet been made to that extent. '
21. In the first sentence of Paragraph 228 (2), the words "or non-property damage in money or for the issue of unjustified enrichment 'shall be inserted after the word" damage'.
22. In Article 228, the following paragraph 4 is added:
"(4) If the court condemns the defendant for an unconditional custodial sentence and grants the injured party at least in part a claim for compensation or for unlawful enrichment, it shall instruct the injured party to ask for information on the holding of a public session on the suspension of the prison sentence. The request of the injured party shall be submitted to the court which made the decision at first instance. ';
23. Paragraph 229 (1) reads as follows:
"(1) Where, according to the results of the taking of evidence, there is no need for further evidence to be made in respect of compensation or non-material damage in cash or for the issue of unjustified enrichment, or for a decision to make compensation or non-property damage in money or to issue unjustified enrichment, the court shall refer the injured party to civil proceedings or proceedings before another competent authority. ';
24. in Article 246 (1) (d):
"(d) the injured party who has claimed compensation or non-property damage or for the issue of unfounded enrichment, for the imperfections of the claim for compensation or non-property damage in cash or for the issue of unjustified enrichment."
25. In Paragraph 247 (1), the words "or non-material damage in money or for the issue of unjustified enrichment" shall be inserted after the word "damage," and at the end of the text of the paragraph, the words "or non-property damage, or for the issue of unjustified enrichment," shall be added.
26. In Article 259 (4), the words "or non-material damage in money or the issue of unjustified enrichment 'shall be inserted after the word" damage' and the words "or non-property damage or undue enrichment 'shall be added at the end of the text of the paragraph.
27. At the end of the title of Section 265, the words "or non-property damage in cash or unfounded enrichment 'are added.
28. in Articles 265, 265m (2) and 271 (2), the words "or non-property damage in money or the issue of unjustified enrichment" shall be inserted after the word "damage."
29. in Article 307 (1), the following point (c) is added:
"(c) has issued unfounded enrichment by an act obtained, or has concluded an agreement with the injured party concerning its issue, or has taken other appropriate measures to issue it,"
30. In Paragraph 307 (3), the words "or an agreement to issue unfounded enrichment 'shall be inserted after the word" damage' and the words "or to issue unfounded enrichment at that time 'shall be added at the end of the text of the paragraph.
31. In Paragraph 308 (1), the words "or to issue unjustified enrichment 'shall be inserted after the word" damage'.
32. in Article 309 (1) (b), the word "a" shall be deleted;
33.In Article 309 (1), the following point (c) is inserted after point (b):
"(c) issue unfounded enrichment obtained by offence or take other appropriate measures to issue it, and ';
Point (c) shall be renumbered (d).
34. At the end of the text § 310a, the words "or for the issue of unjustified enrichment 'are added.
35. in Article 311 (1), the words "the extent of the unjustified enrichment which has been issued or the necessary operations have been carried out" shall be inserted after the words "the necessary operations."
36. in Article 314f (1) (e):
"(e) a statement on compensation or non-property damage in money or the issue of unjustified enrichment (Sections 228 and 229 (1) and (2)), where the claim for compensation or non-property damage in money or for the issue of unjustified enrichment has been duly claimed (Sections 43 (3)),"
37. in Article 331 (1), the sentence "The Court of First Instance shall inform the party who so requested (§ 228 (4)) of the public meeting."
38. In Paragraph 343 (2), at the end of the first sentence, the words "or non-property damage in cash or for the issue of unjustified enrichment 'shall be added.
39. in § 396 (2), the word "73a" is replaced by "§ 73a (1) to (6), § 73a (9)."
Amendment to the law on the execution of prison sentences
Act No. 169 / 1999 Coll., on the enforcement of the prison sentence and on the amendment of certain related laws, as amended by Act No. 359 / 1999 Coll., Act No. 3 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 109 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 346 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 281 / 2009 Coll., and the Constitutional Court Act No. 341 / 2010 Coll., is amended as follows:
1. In Paragraph 25 (4), the words "or non-property damage 'shall be inserted after the word" damage'.
2. Paragraph 52 (4) reads as follows:
"(4) The review of the decision to impose disciplinary penalties under § 46 (3) (e) to (h) and the decision to prevent a case may be brought before a court under the conditions laid down by a special law to the same extent that such review is possible in infringement proceedings. Decisions given in disciplinary proceedings imposing disciplinary penalties under § 46 (3) (a) to (d) and (i) shall not be subject to review by the court. ';
Amendment to the Probation and Mediation Service Act
In Article 4 (2) (b) of Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 359 / 1999 Coll., on the Social Protection of Children (Law on Probation and Mediation Service), the words "or the issue of unjustified enrichment 'are inserted after the word" Damage'.
Amendment of the Judicial Act on Youth Affairs
Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters), as amended by Act No. 383 / 2005 Coll., Act No. 253 / 2006 Coll., Act No. 345 / 2007 Coll., Act No. 129 / 2008 Coll. and Act No. 41 / 2009 Coll., is amended as follows:
1. In the second sentence of Paragraph 14 (2), the words "or atone for non-property damage 'shall be inserted after the word" damage' and the words "or in order to give unfounded enrichment obtained by guilt 'shall be added at the end of the text of the paragraph.
2. Paragraph 17 (3) reads as follows:
"(3) It shall, as a general rule, be imposed on the young person to make good the damage he has done, or to atone for the non-property damage that he has done, or to make good the unjust enrichment obtained by the guilt."
3. In Paragraph 70 (3), the words "fully or at least partially recovered unfounded enrichment obtained by guilt and damaged by such a range of recovery unfounded enrichment was added after" agreed. "
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., is amended as follows:
1. in Articles 48 (3), 60 (4), 75 (3), 82 (2) and 85 (2), the words "or atone for non-property damage" shall be inserted after the word "damage," and at the end of the text of the paragraph shall be added the words "or to give unfounded enrichment obtained by a criminal offence."
2. In Paragraph 63 (2), the words "or atone for non-property damage 'shall be inserted after the word" damage' and the words "or in order to give unfounded enrichment obtained by offence 'shall be added at the end of the text of the paragraph.
3. In Paragraph 88 (3), at the end of the text of the first sentence, the words "or to issue unfounded enrichment obtained by a criminal offence 'shall be added.
4. In the first sentence of Paragraph 89 (2), the words "or atone for non-property damage" shall be inserted after the word "damage," and the words "or, at the end of the text of the first sentence," shall be added to the word "unfounded enrichment obtained by a criminal offence."
EFFECTIVE
That law shall take effect on the first day of the first calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 181 / 2011 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2011 |
|---|---|
| Effective from | 01.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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