Act No. 203 / 2019 Coll.
Act amending Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Measures in Youth Matters and on the Amendment to Certain Laws (Law on Judicial Matters in Youth Matters), as amended, Act No. 141 / 1961 Coll., on Judicial Procedure (Criminal Code), as amended, and Act No. 293 / 1993 Coll., on Enforcement, as amended
Valid
Law
Effective from 01.09.2019
Text versions:
01.09.2019
15.08.2019
203
THE LAW
of 25 July 2019
amending Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Matters in Youth Matters and amending certain laws (Law on Judicial Matters in Youth Matters), as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and Act No. 293 / 1993 Coll., on Enforcement, as amended
Parliament has decided on this law of the Czech Republic:
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., Act No. 41 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 55 / 2011 Coll., Act No. 57 / 2011 Coll., Act No. 45 / 2013 Coll., Act No. 77 / 2015 Coll., Act No. 86 / 2015 Coll., Act No. 150 / 2016 Coll., Act No. 250 / 2012 Coll., Act No. 55 / 2017 Coll.
1. In Article 1 (1), the words "incorporating the relevant European Union38 'shall be inserted after the words" the law'.
Footnote 38 reads:
"(38) Directive (EU) 2016 / 800 of the European Parliament and of the Council of 11 May 2016 on procedural guarantees for children who are suspects or accused persons in criminal proceedings.";
2. In Article 2 (1), the words "at the end of the text of point (c) shall be added; it shall be considered that the young person who completed the 15th year of age at the time of the commit of the offence but for whom it is not possible without reasonable doubt to determine that he exceeded the eighteenth year of age at the time of the commit of the offence '.
3. In Paragraph 15 (6), the words "family law 'are replaced by the words" civil code'.
4. In Paragraph 20 (1), the words "a prosecutor or guardian 'are replaced by the words" a prosecutor'.
5.
Youth Rights
(1) A young person is entitled to treatment appropriate to his age, mental maturity and medical condition.
(2) All authorities operating under this law are obliged to always instruct the young person about his rights and give him the full possibility of applying them.
(3) The young person should also be taught
(a) the stages of criminal proceedings and the role of authorities acting under this law during those stages;
(b) the right of a legal representative or guardian of a minor to be informed of the rights belonging to a minor;
(c) the right of a legal representative or guardian of a minor to take part in those acts which the minor may take part in under the law;
(d) the protection of his privacy in criminal proceedings;
(e) the obligations of the authorities acting under this law with particular care to clarify and prove the causes of his wrongdoing and the facts relevant to his personal, family and other circumstances; and
(f) the need to hold a main trial and a public meeting in its presence, if not for proceedings against the refugee.
(4) If appropriate, a minor should also be advised about:
(a) that it can only be taken into custody if the purpose of the detention cannot be otherwise achieved, that the decision to take custody must be duly justified, the duration of the detention, the examination of the grounds for the detention and the possibility of replacing the detention by other measures; and
(b) the conditions for conditional suspension of the application for punishment, suspension of the prosecution, settlement or withdrawal of the prosecution. ";
6. After Paragraph 42, the following Section 42a is inserted:
Necessary juvenile defense
(1) A young person must have a lawyer
(a) from the moment when the measures provided for in this law are applied to it or acts carried out under the criminal rules, including acts of urgency and non-reproducible, unless the execution of the act cannot be postponed and the notice of the lawyer is ensured;
(b) in the enforcement proceedings, where the Court of Youth decides in a public session; or
(c) in the proceedings concerning infringement of the law, the appeal procedure and the application for the renewal of proceedings, where the national court decides in a public session;
until the age of 18.
(2) In the case referred to in paragraph 1 (a), a juvenile lawyer must have until the age of 21, if the court and the preparatory proceedings consider it appropriate, taking into account the degree of rational and moral maturity of the minor and the circumstances of the case. "
7. In Paragraph 43, at the end of paragraph 1, the sentence "The institutions operating under this Act shall be required to inform the legal representative or guardian of the rights belonging to the minor without undue delay; where the reasons for the provision of the guardian referred to in paragraph 2 are omitted, the legal representative or the juvenile guardian shall learn about those rights of the minor which may be exercised at the current stage of the criminal proceedings. ';
8. In Paragraph 43 (2), after the first sentence, the sentence "The President of the Chamber or, in the preparatory proceedings, the Prosecutor shall appoint a guardian to a person proposed to a minor; where a minor does not propose to any person, or proposes to a person who may be reasonably concerned that he will not properly defend his interests, the President of the Chamber and, in the preparatory proceedings, the public prosecutor shall appoint another appropriate person, who may in particular be a close person, an employee of the child protection body or another person with experience in youth education or a lawyer. ';
9. In Paragraph 43 (2), the fourth sentence is deleted.
10. In the second sentence of Paragraph 55 (1), the words "and without undue delay 'shall be inserted after the words" with care'.
11. In Paragraph 55, at the end of paragraph 3, the words "which, if appropriate, involve a juvenile legal representative or guardian in the identification of the circumstances' shall be added.
12. In Article 55, the following paragraph 4 is added:
"(4) The authorities operating under this law shall re-establish the juvenile ratios if they can reasonably assume that these ratios have changed substantially. '
13. At the end of paragraph 2, the sentence "If appropriate, the child protection body or the Probation and Mediation Service shall be involved in the preparation of this report by the legal representative or guardian."
14. In Article 56, the following paragraph 4 is added:
"(4) The authorities operating under this law shall update or re-establish the report referred to in paragraph 1 if they can reasonably assume that the personal, family and social circumstances of a minor or his current life situation have changed substantially. ';
15. In Paragraph 57, the following paragraph 2 is inserted after paragraph 1:
"(2) Where, in view of the circumstances of the case and of the young person, this is appropriate and technically possible, a visual and audible recording shall be made of the young person's interrogation. ';
Paragraph 2 shall become paragraph 3.
16. in Article 69 (1), the following point (a) is inserted:
"(a) conditional postponement of the application for punishment (39),
39) Articles 179g and 179h of the Code of Criminal Procedure. '
Points (a) to (c) shall be renumbered (b) to (d).
Amendment to the Code of Criminal Procedure
In the first sentence of Section 33 (5) of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 178 / 1990 Coll., Act No. 265 / 2001 Coll. and Act No. 539 / 2004 Coll., the words "the accused of his rights of instruction 'are replaced by the words" the accused of his rights, with a focus on the ongoing stage of criminal proceedings'.
Amendment of the law on enforcement
Act No. 293 / 1993 Coll., on the exercise of custody, as amended by Act No. 208 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 7 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 276 / 2013 Coll., Act No. 204 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 57 / 2017 Coll., and Act No. 58 / 2017 Coll., is amended as follows:
1. In Paragraph 25, "18. 'is replaced by" 18.';
2. In Paragraph 26 (1), the following sentence is inserted after the first sentence: "This is also the case if a young person in the exercise of his / her 18-year term of custody, justified by his / her personal circumstances and does not conflict with the best interests of other young people who are together."
EFFECTIVE
That law shall take effect on the first day of the first calendar month following its publication.
z. Filip v. r.
Zeman v. r.
v. Schiller v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 203 / 2019 Coll., amending 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 of Youth Matters), as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and Act No. 293 / 1993 Coll., on the Enforcement of Preservation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.2019 |
|---|---|
| Effective from | 01.09.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0