Act No. 200 / 2002 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Valid
Law
Effective from 01.05.2004
Text versions:
01.05.2004
24.05.2002
200
THE LAW
of 24 April 2002
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 Judicial (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. 166 / 1998 Coll., Act No. 43 / 1980 Coll., Act No. 115 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1998 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 154., Act No. 154.
1. in Article 36a (2) (c), the words "on leave" shall be inserted after the words "meeting."
2. In the second sentence of Paragraph 72 (1), the word "Judge 'is replaced by" Court'.
3. In Article 151 (6), the words "the elected defendant who is entitled to a free defence or defence for reduced remuneration" shall be inserted after the word "expenditure."
4. in Article 265b (1) (k) and (l):
'(k) a statement is missing or incomplete in the decision;
(l) a decision has been taken to reject or reject a proper appeal against the judgment or order referred to in Article 265a (2) (a) to (g), without fulfilling the procedural conditions laid down by law for such a decision, or to give it the grounds for appeal referred to in points (a) to (k) in the proceedings preceding it. "
5. In Paragraph 265d, the following sentence is added at the end of paragraph 2: "If the defendant is deprived of legal capacity or is restricted to legal capacity, he may also lodge, in his capacity as a legal representative and his lawyer, for his benefit."
6. In Paragraph 265l, the following paragraph 4 is added:
"(4) If the defendant is subject to a prison sentence imposed on him by the original judgment and the Supreme Court announces the sentence, it shall also decide on detention. '
7. In the second sentence of Article 314d (2), the word "parties' is replaced by" prosecutors and accused 'and in the third sentence the word "parties' is replaced by" prosecutors and accused '.
8. Article 359 shall be deleted;
9. In Section 363, the figure "4 'is replaced by the figure" 3'.
10. In Paragraph 384, the following sentence is added at the end of paragraph 1: "In order to carry out acts directly related to the monitoring of persons and items and the persecution of suspects and accused persons across the Czech Republic, the competent public prosecutor is to be provided with such synergies. '
11. in Article 384, the following paragraphs 5 and 6 are added:
"(5) The request of a foreign State to give its consent that the data or items which have been transmitted to that State by the Czech Republic be used as evidence in criminal proceedings abroad shall be assessed by the law enforcement authority which provided such data or items. Where they are provided by an authority other than the court and on the request of a foreign State or on the basis of an established international agreement, which the Czech Republic is bound by, only the court is authorised to give its consent, the request shall be examined by the district court in whose jurisdiction the authority which provided the information is situated.
(6) The use of data or items abroad referred to in paragraph 5 shall be agreed by the competent law enforcement authority if:
(a) their use would be possible if such criminal proceedings were conducted in the Czech Republic; and
(b) there is no risk that any other proceedings conducted in the Czech Republic will be thwarted or any other important interest seriously threatened. "
Efficacy
This Act shall enter into force on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of Article I (1) to (9), which shall take effect on the date of its publication.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 200 / 2002 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 | 24.05.2002 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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