Act No. 193 / 2012 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
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Effective from 01.09.2012
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01.09.2012
12.06.2012
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193
THE LAW
of 26 April 2012
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. 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. 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 / 2006, Act No. 99, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No 2004, Act No. 5, Act No 1999, No 2006, No 1999, No 1999, Act No. 99, No 1999, No 1999, No 1999, Act No. 5, No 1999, No 1999, No.
1. In Paragraph 2 (8), the first sentence is replaced by the sentence "Criminal prosecution before courts is only possible on the basis of an indictment, an application for punishment or an application for approval of an agreement on a declaration of guilt and the acceptance of a sentence (hereinafter referred to as the" guilty and penalty agreements ") lodged by a prosecutor."
2. In Article 12 (10), the words "referral of a case to another authority or suspension of a prosecution, or until a decision or creation of another fact which has the effect of stopping a criminal prosecution before the prosecution is brought 'are replaced by the words" application for approval of an agreement on guilt and punishment, referral of a case to another authority, suspension of criminal prosecution, or until a decision or creation of another fact which has the effect of stopping a criminal prosecution before the prosecution is brought or by another decision terminating preparatory proceedings'.
3. In Paragraph 22, the words', the motion for punishment, the proposal for approval of the agreement on guilt and punishment 'shall be inserted after the word' indictment '.
4. In the first sentence of Article 24 (1), the number "295 'is replaced by" 39 of the Law on the Judicial Matters of Youth', after the word "indictment ', the words" a motion for punishment, a motion for approval of a guilty and punishable agreement' and the words "Article 257 (1) (a) 'are inserted after the word" an indictment';
5. In the first sentence of Paragraph 28 (2), the words', the guilty and the penalty agreement and the application for its approval 'shall be inserted after the word "indictment'.
6. In the second sentence of Article 30 (2), in the second sentence of Article 72 (3), in the second sentence of Article 72a (3), in the third sentence and in the third sentence of Article 104a (7), the words "or an application for approval of a guilty and punishable agreement 'shall be inserted after the word" indictment'.
7. In Paragraph 30 (2), the words "or with which an agreement on guilt and punishment has been negotiated 'shall be added at the end of the second sentence.
8. In Paragraph 36 (1) (b), the word "or 'is deleted.
9. In Paragraph 36, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:
"(d) in the negotiation of a plea and punishment agreement."
10. in Paragraph 43 (1):
"(1) He who has been harmed by a criminal offence, caused property damage or non-property damage, or at the expense of whom the offender has enriched (damaged), has the right to make a proposal to supplement the evidence, to consult the files (§ 65), to take part in the negotiation of a guilty and punishable agreement, to take part in the main trial and in a public hearing held on appeal or to approve the guilty and punishment agreement and to comment before the end of the proceedings."
11. in Paragraph 43 (3), the words "if a guilty and punishable agreement is agreed, the proposal shall be made at the latest at the first hearing on such an agreement (Paragraph 175a (2))."
12. The following sentence shall be added at the end of Paragraph 46: "Where proceedings are conducted for an offence for which an agreement on guilt and punishment can be negotiated, the authorities involved in criminal proceedings shall draw attention to the lessons learned in the preparatory proceedings of the injured party, in particular to the possibility that an agreement on guilt and punishment may be negotiated and in which case he may claim compensation or non-property damage in cash or the issue of unjustified enrichment at the latest at the first hearing of such an agreement."
13. in Paragraph 64 (1) (a), the words', motion for approval of the agreement on guilt and punishment 'shall be inserted after the word "prosecution."
14. in Paragraph 64 (5) (a), the words "the proposal for approval of the agreement on guilt and punishment" shall be inserted after the words "the punishment."
15. In Article 65, the words "and when negotiating a guilty and punishable agreement 'shall be added at the end of the text of paragraph 2.
16. in Article 70a (1) (i) and in Article 161 (1), the words', an application for approval of a guilty and punishable agreement 'shall be inserted after the word "indictment."
17. In the first sentence of Article 72 (3), the words "or a proposal to approve an agreement on guilt and punishment negotiated with the defendant in custody" shall be inserted after the words "the defendant in custody."
18. In Paragraph 91 (1), the following sentence is inserted after the first sentence: "Where proceedings are conducted for an offence for which an agreement on guilt and punishment can be negotiated, the defendant must also be brought to the attention of the instruction that, in preparatory proceedings, he may, in the presence of an attorney, negotiate an agreement on guilt and punishment approved by the court. The defendant must be informed of the nature and consequences of the agreement on guilt and punishment, of the waiver of the right to hear the case in the main proceedings and of the right to appeal against the judgment by which the court approved the agreement on guilt and punishment, except where such a judgment does not comply with the agreement on guilt and punishment with which he has agreed (§ 245 (1), second sentence), and of the conditions under which the court may decide on the properly exercised claim of the injured party (§ 314r (4). '
19. In Paragraph 120, the following paragraph 4 is added:
"(4) If the court approves the agreement on guilt and punishment, the sentence to approve the agreement on guilt and punishment is also included."
20. In the third sentence of Article 125 (1), the words "particularly serious' shall be deleted; the words" in conjunction with an organised group 'shall be inserted after the words "in conjunction with an organised group' and the words" or helped prevent or prevent the trial or completion of such an offence 'shall be deleted.
21. in Article 175 (1), the following point (c) is inserted after point (b):
"(c) negotiate with the defendant an agreement on guilt and punishment and submit a motion for its approval to the court;"
Points (c) to (i) shall be renumbered (d) to (j).
22. In Part Two, Title 10, the following Section 6 is inserted after Section Five:
Guilt and Punishment Agreement
(1) If the results of the investigation provide sufficient evidence that the act has occurred, that the act is a criminal offence and that the defendant has committed it, the prosecutor may open negotiations on a plea and punishment agreement on the defendant's proposal or without such a motion. If the prosecutor fails to find the defendant's motion, he shall inform the defendant of his position and, if the defendant has the defendant, his.
(2) He shall call the defendant to the hearing on the guilty plea and punishment agreement; the time and place of the hearing shall be notified by the defendant of the defendant and the injured party, who has not expressly stated that he has waived the procedural rights granted to him by the law as the injured party. At the same time, it shall draw the attention of the injured party to the possibility, at the latest at the time of the first negotiation of the agreement on guilt and punishment, to claim compensation or non-property damage in the money caused to him by the offence or to issue an unjustified enrichment which has been obtained at his expense.
(3) A condition for the conclusion of an agreement on guilt and punishment shall be that the defendant has committed the act for which he is prosecuted, unless there are reasonable doubts as to the veracity of his declaration on the basis of evidence and other results of the preparatory procedure. The plea and punishment agreement is negotiated by the D.A. with the defendant in the presence of a lawyer.
(4) If the prosecutor considers that the legal conditions for the imposition of a safeguard measure are met, he shall draw the defendant's attention to the possibility of proceeding under Paragraph 178 (2) even if an agreement on guilt and punishment is reached in which the safeguard measure will not be agreed. Without such notice, it may only act under Paragraph 178 (2) if the grounds for imposing a safeguard measure have come to light only after the application for approval of the plea and the sentence of the court.
(5) The State Prosecutor also takes care of the interests of the injured party when negotiating a guilty and punishable agreement. Where the damaged negotiation of a guilty and punishable agreement is present, it shall, in particular, be expressed on the extent and manner of compensation or non-property damage or the issue of unjustified enrichment. An agreement on guilt and punishment may be negotiated even without the presence of the injured party, if he does not appear to act, even if he has been duly informed of it, or if he does not appear to act and claim compensation or non-property damage, or to issue unjustified enrichment, he has already claimed or declared that he will not apply it. If the injured party, who is not present at the hearing, has claimed a claim for compensation or for non-property damage or for the issue of unjustified enrichment, the prosecutor may agree with the accused for the extent and manner of compensation or non-property damage or the issue of unjustified enrichment up to the amount of the claim claimed.
(6) The Agreement on Guilt and Punishment contains:
(a) the designation of the public prosecutor, the defendant and the injured party, if the negotiation of an agreement on guilt and punishment was present and agreed to the extent and manner of compensation or non-property damage or the issue of unjustified enrichment;
(b) the date and place of its listing;
(c) a description of the offence for which the defendant is prosecuted, indicating the place, time and manner in which he or she was committed, or other circumstances in which he or she was involved, so that he / she could not be confused with another action;
(d) the identification of the offence which is seen in that action, by its legal name, by indicating the relevant provisions of the law and all legal characteristics, including those justifying a certain criminal rate;
(e) a statement by the defendant that he has committed an act for which he is prosecuted and which is the subject of an agreed agreement on guilt and punishment;
(f) in accordance with the Code of Criminal Procedure, the agreed type, measure and manner of execution of the sentence, including the duration of the probationary period and, in the cases provided for in the Penal Code, the waiver or waiver of the penalty, and the extent of the appropriate restrictions and obligations where the Penal Code so permits and agreed; the agreement on the type and size of the sentence shall also take into account whether the accused has obtained or tried to obtain property gain (Section 39 (7) of the Criminal Code);
(g) the extent and method of compensation for damage or property damage or the issue of unjustified enrichment, if agreed;
(h) a safeguard measure where it is imposed and agreed;
(i) the signature of the prosecutor, the defendant and the lawyer, and the signature of the injured party, provided that the agreement on guilt and punishment was in place and agreed to the extent and method of compensation or non-property damage or the issue of unjustified enrichment.
(7) If an agreement on guilt and punishment is reached, the prosecutor shall deliver a copy of it to the defendant, his lawyer and the injured party, who has applied his claims properly and in due time (§ 43 (3)). If there is no agreement on guilt and punishment, the prosecutor shall record it in the record; in that case, a declaration of guilt made by the defendant in the subsequent proceedings shall not be taken into account.
(8) An agreement on guilt and punishment cannot be negotiated in a particularly serious criminal proceedings and in a case against a fugitive.
(1) If an agreement on guilt and punishment has been negotiated, the prosecutor shall submit to the court, within the scope of the agreement negotiated, an application for approval of the agreement on guilt and punishment. If there has not been an agreement on compensation or non-property damage or the issue of unjustified enrichment, the prosecutor shall draw the court's attention to this fact in the application for approval of the guilty and penalty arrangements.
(2) The application shall be accompanied by an agreed agreement on guilt and punishment and other documents relevant to the proceedings and decisions. "
Sections sixth and seventh shall be renumbered Sections seventh and eighth.
23. In Paragraph 178a (1) of the Introductory Part of the provision, the words "particularly serious' are deleted.
24. in Article 178a (1) (a), the words "clarification of such" shall be replaced by "clarification" and "or to help prevent the completion of such a crime," shall be deleted;
25. In Paragraph 178a, the following paragraph 2 is inserted after paragraph 1:
"(2) If the cooperating defendant has not committed a criminal offence that is more serious than the crime that he has contributed to clarifying, if he has not contributed as an organiser or a guide to committing a crime that he has contributed, if he has not intentionally caused serious harm to health or death, and if there are no grounds for an extraordinary increase in the sentence of imprisonment (Section 59 of the Criminal Code), the prosecutor may in the prosecution propose the waiver of punishment, if he considers it necessary in view of all the circumstances, in particular in relation to the nature of the offence referred to him or her in comparison with the criminal offence, in respect of which he or she has committed against the person, and to the extent that he or she may contribute to the crime committed by the organised group, in connection with an organised group or in favour of an organised crime group, to the purpose of his or to which he / she has committed evidence, in respect of the case, and in particular, and in respect of the case of the case of a criminal proceedings, in particular, and in question, in connection with the case of an offence, or in connection with, a criminal proceedings.
Paragraph 2 shall become paragraph 3.
26. In Article 179b, the following paragraph 5 is added:
"(5) The prosecutor may, in a short preparatory procedure with the suspect, negotiate a plea and punishment agreement; Paragraph 175a shall apply mutatis mutandis to the terms and procedure for its negotiation. By delivering an application for approval of the guilty plea and the sentence of the court, criminal prosecution shall be initiated. '.
27. in Article 179c (2), the following point (b) is inserted after point (a):
"(b) submit an application to the court for approval of an agreement on guilt and punishment, applying mutatis mutandis Article 175b;"
Points (b) to (i) shall be renumbered (c) to (j).
28. In Article 179e, the words "or with a proposal for approval of a guilty and punishable agreement 'shall be inserted after the word" punishment'.
29. in Article 179f (2), at the end of the text of point (a), the words "in the case of negotiation of an agreement on guilt and punishment (Article 179b (5)), no more than 30 days."
30. § 179g reads:
(1) Instead of filing a motion for punishment, the prosecutor may decide to suspend the application for punishment on condition that the suspect:
(a) has confessed to the act,
(b) replace the damage if it has been caused by an act or has entered into an agreement with the injured party to replace it or has taken other necessary measures to replace it;
(c) issue unfounded enrichment by an act obtained, or conclude an agreement with the injured party to issue it, or take other appropriate measures to issue it;
(d) has given his consent to the conditional postponement of the application for punishment;
and in view of the person of the suspect, taking into account his or her life and the circumstances of the case, such a decision may reasonably be considered sufficient.
(2) Where justified by the nature and gravity of the offence committed, the circumstances of the offence or the circumstances of the suspect, the prosecutor shall decide on the suspension of the application for punishment only if the suspect fulfils the conditions referred to in paragraph 1; and
(a) undertake to refrain from any activity in respect of which he has committed a criminal offence during the trial period; or
(b) lodge on behalf of the Prosecutor's Office a cash amount to the State for the financial assistance to victims of crime under special legislation and this amount is not likely to be disproportionate to the gravity of the offence;
and in view of the person of the suspect, taking into account his or her life and the circumstances of the case, such a decision may reasonably be considered sufficient.
(3) The decision to suspend the application for punishment shall specify a trial period of six months to two years, in the case of a decision referred to in paragraph 2 up to five years. The probationary period shall begin with the legal power of this Decision.
(4) A suspect who has entered into an agreement with the injured party on the method of compensation or an agreement on the issue of unjustified enrichment shall be ordered in the decision to suspend the application for punishment in order to make good the damage during the trial period or to issue unfounded enrichment at that time.
(5) The decision on the suspension of the application for punishment referred to in paragraph 2 shall also include the amount of the cash amount allocated to the State for the financial assistance to victims of crime or the identification of an activity which the suspect undertakes to refrain from during the trial period. If a suspect undertakes to refrain during the probationary period of the suspension of the application for the enforcement of motor vehicle driving, he shall be informed of the obligation to surrender a driving licence under a special legislation and of the fact that the decision on the suspension of the application for the suspension of the suspension of the application for the suspension of the suspension of the application for the suspension of the suspension of the application for the suspension of the suspension of the authorisation shall cease.
(6) The suspect may also be ordered to comply with adequate restrictions and obligations in the trial period to lead a proper life.
(7) A suspected and damaged person may file a complaint with suspensive effect against a decision to suspend the application. '
31. in Paragraph 179h (1):
"(1) If the suspect has led a proper life during the trial period, he has fulfilled the obligation to compensate for the damage caused, to grant unfounded enrichment or any other obligation which he has undertaken to fulfil and to comply with other restrictions imposed, the prosecutor who has suspended the application for punishment at first instance shall decide that he has proved himself to be successful. Otherwise, even during the probationary period, the suspect shall decide that the suspect has failed to prove himself and shall continue to proceed in accordance with Sections 179c to 179f. Exceptionally, in view of the circumstances of the case and of the person suspected, the prosecutor may leave the suspension of the application for punishment in force and extend the trial period for up to one year; However, the test period shall not exceed five years. The obligation to compensate for the damage caused, to issue unjustified enrichment and other obligations to which the suspect has committed himself, as well as other restrictions imposed, shall continue during the extended trial period. ';
32. in Article 179h (2), "six months" is replaced by "one year."
33.Paragraph 180 (1) reads as follows:
"(1) The prosecution shall be on the basis of an indictment or an application for punishment, which shall be lodged and represented by a prosecutor before the courts, or on the basis of an application for the approval of a guilty and punishable plea. In proceedings before the District Court, the Prosecutor may be represented by a legal candidate, if not by a procedure for the approval of a guilty and punishable agreement. '
34. In Section 186, the word "that 'is added at the end of the introductory part of the provision.
35. in § 186 (a) to (f), the word "that" shall be deleted;
36. in Paragraph 186 (e), the word "or" shall be deleted;
37. In Paragraph 186, the dot at the end of point (f) is replaced by "or 'and the following point (g) is added:
"(g) in the light of the circumstances of the case, it would be appropriate to negotiate an agreement on guilt and punishment, in particular where such a procedure has been proposed by the prosecutor or defendant."
38. In Paragraph 187, the following paragraph 4 is added:
"(4) Where a preliminary hearing of the prosecution is held on the ground set out in Paragraph 186 (g), the court shall establish the position of the defendant and the prosecutor to negotiate a plea and punishment agreement. Where a prosecutor and accused person express their interest in negotiating a guilty and punishable agreement, the court shall set a reasonable time for the public prosecutor to submit an application for approval of such an agreement. If, within the time limit laid down by the court, an application for approval of a guilty and punishable agreement is lodged, the court shall proceed in accordance with § 314o to 314s; in cases where, pursuant to § 314o to 314r, the case is returned to the preparatory proceedings, the court shall act on the basis of the original indictment. If the prosecutor does not submit an application to the court within the prescribed time limit for approval of the agreement on guilt and punishment, the court shall order the main case, unless it makes any of the decisions referred to in § 188. '
39. the words "or 2" shall be inserted after the words "in Article 307 (1)."
40. In Paragraph 245, the following sentence is added at the end of paragraph 1: "The sentence to which a court has approved a guilty and punishable agreement may be appealed only if such a judgment does not comply with the guilty and punishable agreement which the prosecutor has proposed to approve. The judgment approved by the Court of Justice of a guilty and punishable agreement may be appealed against by the injured party who has claimed compensation or non-property damage or for the issue of unfounded enrichment, by appeal for the inaccuracy of the claim for compensation or non-property damage in cash or for the issue of unjustified enrichment, unless he has agreed to the extent and manner of compensation or non-property damage or the issue of unfounded enrichment in a form with which he has agreed. '
41. in Article 257 (1), the following point (d) is inserted after point (c):
"(d) the prosecution shall suspend or decide to approve the settlement on condition that the circumstances referred to in Article 307 (1) or (2) or Article 309 (1) are found;"
Point (d) shall be renumbered as point (e).
42. In Paragraph 258, the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:
"(g) if it does not comply with an agreement on guilt and punishment, the approval of which has been proposed by the Prosecutor of the Court; This shall not apply if the statement on the claim claimed by the injured party who did not agree with the agreement on guilt and punishment or the injured party whose claim properly applied does not correspond to the agreement on guilt and punishment. ';
43. In Paragraph 288 (1), the words "by the final judgment of the court which approved the agreement on guilt and punishment, or" shall be inserted after the word "ended."
44. In Paragraph 307, the following paragraph 2 is inserted after paragraph 1:
"(2) Where this is justified by the nature and gravity of the offence committed, the circumstances in which it was committed or the circumstances in which the defendant was committed, the court and, in the preparatory proceedings, the prosecutor shall decide on the suspension of the prosecution only if the defendant fulfils the conditions referred to in paragraph 1; and
(a) undertake to refrain from any activity in respect of which he has committed an offence during the trial period; or
(b) lodge, on behalf of the Court of First Instance and in preliminary proceedings, on behalf of the Prosecutor, a sum of money intended for the State for the financial assistance to victims of crime under specific legislation, and this amount is not likely to be disproportionate to the gravity of the offence;
and in the light of the person accused, taking into account his or her present life and the circumstances of the case, such a decision may reasonably be considered sufficient. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
45. In Paragraph 307 (3), at the end of the first sentence, the words "in the case of decisions under paragraph 2 up to five years' shall be added.
46. In Paragraph 307, the following paragraph 5 is inserted after paragraph 4:
"(5) The decision on the suspension of criminal proceedings referred to in paragraph 2 shall also include the amount of the amount of money allocated to the State for the financial assistance to victims of crime or the determination of the activity which the defendant undertakes to refrain from during the trial period. If the defendant undertakes to refrain during the probationary period of suspension of the prosecution of motor vehicle driving, he shall be informed of the obligation to surrender a driving licence under a special legislation and of the absence of a driving licence by the legal authority of the decision on the suspension of the prosecution. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
47.Paragraph 308 (1) reads as follows:
"(1) If the accused has led a proper life during the probationary period, he has fulfilled the obligation to compensate for the damage caused, to issue unfounded enrichment or any other obligation which he has undertaken to fulfil and to comply with other restrictions imposed, the court and the preparatory procedure shall decide that he has proved himself. Otherwise, it shall decide, including during the probationary period, that it has failed and that the prosecution is continued. Exceptionally, the court and the preparatory proceedings of the prosecutor may, in view of the circumstances of the case and of the defendant, maintain a conditional suspension of the prosecution and extend the trial period for up to one year; However, the test period shall not exceed five years. The obligation to compensate for the damage caused, to grant unfounded enrichment and other obligations to which the defendant has committed himself, and other restrictions imposed, shall continue during the extended trial period. ';
48. In Paragraph 309 (1) of the introductory part of the provision, the comma after the word "offence 'is deleted and after the word" if' the word "accused 'is inserted.
49. in Article 309 (1) (a), the word "accused" shall be deleted;
50. in Article 309 (1) (d), the words "the amount of money to be paid to a specific addressee for general purposes" shall be replaced by the words "the amount of money to be paid to the State for the financial assistance to victims of crime under specific legislation."
51. in Article 311 (1), the word "cash" shall be replaced by the word "cash" and the words "for universally beneficial purposes, indicating the beneficiary, including the amount surrendered, shall be deleted;
52. Paragraph 311 (2) is deleted and paragraph 1 is deleted.
53. Article 312 is deleted.
54. in Paragraph 314c (1) (b), the word "or" shall be deleted;
55. In Paragraph 314c, at the end of paragraph 1, the dot is replaced by "or 'and the following point (d) is added:
"(d) provide for a reasonable period of time for the public prosecutor to submit an application for approval of an agreement on guilt and punishment, if he considers that, in view of the circumstances of the case, it would be appropriate to negotiate it, in particular if he proposes such a procedure as a prosecutor or accused person; in so doing, the single judge shall act mutatis mutandis in accordance with Article 187 (4). ';
56. In Paragraph 314c, the following paragraph 2 is inserted after paragraph 1:
"(2) A single judge does not provisionally discuss the application for approval of the agreement on guilt and punishment, but will examine it from the points of view set out in Sections 314o and 314p (1). According to the results of the review, a single judge shall take one of the decisions referred to in Article 314p (3) or (4), otherwise ordering a public meeting to decide on the application for approval of a guilty and punishable agreement. '
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
57. in Article 314c (5), "(a) to (c) and (2)" shall be inserted after "paragraph 1";
58. In Paragraph 314e, the following paragraph 4 is inserted after paragraph 3:
"(4) The sentence of house arrest may be imposed by a criminal order only after prior request for a report by the probation officer containing a finding of the possibility of the execution of that sentence, including the opinion of the defendant to impose that kind of sentence. The sentence of house arrest shall be imposed taking into account this report. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
59. in Part Three, Title 20, the following Section 8 is added after Section 7:
Procedure for the approval of a guilty and punishable agreement
(1) The President of the Chamber shall examine the application for approval of the agreement on guilt and punishment and, depending on its content and the content of the file
(a) order a public meeting to decide on a proposal to approve a guilty and punishable agreement;
(b) decide to reject the application for approval of the agreement on guilt and punishment for serious procedural defects, in particular if the defendant did not have, in the course of the negotiation of the agreement on the guilt and punishment of the lawyer, or for the reasons set out in Article 314r (2); or
(c) order a preliminary examination of the application for approval of the guilty and penalty arrangements.
(2) The resolution referred to in paragraph 1 (b) shall indicate the specific defects or factual findings which were the reason for the rejection of the application for approval of the guilt and punishment agreement. There is an admissible complaint against this order which has suspensory effect.
(3) If the resolution on the rejection of the proposal to approve the agreement on guilt and punishment has acquired legal power, the matter shall be brought back to the preparatory procedure.
(4) If the defendant is in custody, the court shall also decide on the continued duration of the detention.
(5) The prosecutor may withdraw the application for approval of the guilt and punishment agreement until the court has taken a final hearing. Withdrawal of the proposal to approve the plea and punishment agreement brings the matter back to the preparatory procedure.
(1) The President of the Chamber shall order a preliminary examination of the application for approval of the agreement on guilt and punishment, if he considers that:
(a) the case falls within the jurisdiction of another court;
(b) the case is to be referred pursuant to Paragraph 171 (1);
(c) circumstances justifying the cessation of a criminal prosecution pursuant to Article 172 (1) or its interruption pursuant to Article 173 (1) are given, or circumstances justifying the suspension of a criminal prosecution pursuant to Article 307 or the approval of a settlement pursuant to Article 309.
(2) The preliminary discussion of the proposal for approval of the guilty and penalty agreements shall take place in a private session. If the President of the Chamber considers it necessary for the decision of the court, he shall order a preliminary hearing of the draft public session.
(3) Following preliminary examination of the application for approval of the guilty and punishable agreement by the court
(a) decide to refer a case to a decision on the jurisdiction of the court closest to him and to the court which he considers competent, if he considers that he is not himself competent to discuss it;
(b) refer the case to another authority where the circumstances referred to in Article 171 (1) are present,
(c) the prosecution shall cease if the circumstances referred to in Article 172 (1) are present;
(d) suspend prosecution where the circumstances referred to in Article 173 (1) are present;
(e) suspend the criminal prosecution on a conditionally basis pursuant to § 307 or decide to approve the settlement pursuant to § 309 (1);
(f) decide to reject the application for approval of an agreement on guilt and punishment for serious procedural defects, in particular if the defendant did not have, in the course of the negotiation of the agreement on the guilt and punishment of the lawyer, or for the reasons set out in Article 314r (2).
(4) Following the preliminary examination of the application for approval of a guilty and punishable agreement, the court may also suspend prosecution where the circumstances referred to in § 172 (2) are present.
(5) The decision referred to in paragraph 3 (b) to (f) and in paragraph 4 may be brought by both the prosecutor and the defendant to file a complaint which, if not for an interruption of the prosecution, has suspensory effect. The decision to suspend the prosecution and to approve the settlement may be brought by a complaint having suspensive effect, whether or not damaged.
(6) If the resolution on the rejection of the proposal to approve the agreement on guilt and punishment has acquired legal power, the matter shall be brought back to the preparatory procedure.
(1) The court shall decide on the application for approval of the guilt and punishment agreement in a public sitting. The President of the Chamber shall bring the defendant to the public session; the time and place of proceedings shall be notified by the prosecutor and the defendant and the injured party. If the injured agent is present, only his agent shall be notified of the public session. A public meeting shall be held in the presence of the defendant and the prosecutor.
(2) After the opening of the public meeting, the prosecutor shall make a proposal for approval of the guilty and penalty arrangements.
(3) After presenting a motion for approval of the agreement on guilt and punishment, the President of the Chamber shall invite the defendant to comment on the application and ask him whether:
(a) understand the agreed agreement on guilt and punishment, in particular whether it is clear to him what constitutes the substance of an act which he blames, what is his legal qualification and what criminal rates the law provides for a criminal offence which is seen in that act;
(b) a statement that he has committed an act for which he is prosecuted has been made voluntarily and without pressure and has been informed of his rights of defence;
(c) he is aware of all the consequences of the agreement on guilt and punishment, in particular that he renounces the right to hear the case in the main proceedings and the right to appeal against a judgment by which the court would approve the agreement on guilt and punishment, except for the reason set out in the second sentence of Paragraph 245 (1).
(4) Upon the statement of the defendant, the court shall allow the injured party, if he is present, to make his observations.
(5) The Court does not carry out the taking of evidence. If I consider it necessary, he may hear the defendant and provide the necessary explanations.
Decision on the proposal for approval of the guilt and punishment agreement
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Regulation Information
| Citation | Act No. 193 / 2012 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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