Act No. 220 / 2021 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Judicial (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service and on Amendment to Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on Social Protection of Children (Law on Probation and Mediation Service), as amended, and some other laws
Valid
Law
Effective from 01.01.2022
Contents
ČÁST PRVNÍ
Čl. I
㤠27b
㤠154a
㤠179i
㤠308a
§ 329
§ 330
§ 330a
§ 331
㤠331a
㤠334c
㤠334e
㤠334g
㤠336
㤠336a
㤠337
§ 338
㤠338a
㤠350
㤠350i
㤠350k
㤠350l
„Oddíl sedmý
§ 350m
Čl. II
ČÁST DRUHÁ
Čl. III
㤠60a
㤠61
㤠82a
㤠85a
㤠403a
§ 403b
ČÁST TŘETÍ
Čl. IV
㤠8
㤠15a
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
㤠73
㤠73a
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠81
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
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220
THE LAW
of 25 May 2021
amending Act No. 141 / 1961 Coll., on the Criminal Procedure of the Court (Criminal Code), as amended, Act No. 40 / 2009 Coll., the Criminal Code, as amended, Act No. 257 / 2000 Coll., on the Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., the Labour Code, as amended and Act No. 359 / 1999 Coll., on the Social Protection of Children (Probation and Mediation Service Act), 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. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. in Article 6 (1) (c):
"(c) for the completion of the remedy of a convicted person who carries out a custodial sentence, a prohibition of activity, a prohibition of possession and rearing of animals or a prohibition of residence; in such cases, the interest association of citizens may join the application of a sentenced person for suspension of the sentence of imprisonment or for suspension of the remainder of the sentence of prohibition of activity, prohibition of holding and rearing of animals or residence and, to that end, may, with the consent of the sentenced person, inform him of his conduct and the course of the sentence to date. ';
2. In Article 7, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The law enforcement authorities shall, where appropriate, cooperate with the Probation and Mediation Service, which may transmit information for the performance of tasks within its competence. ';
3. Article 27b, including the title, reads:
Probation Officer
An official of the Probation and Mediation Service (hereinafter referred to as the Probation Officer) shall, in criminal proceedings, carry out probation and mediation activities, establish information on the person suspected or accused and on his family and social circumstances, and establish the conditions for a decision to suspend the application for punishment, suspension of criminal prosecution or settlement, on the basis of a mandate issued by an authority acting in criminal proceedings by the Probation and Mediation Service, or, where this or other law so provides, without such authorisation. ';
4. In Paragraph 30, the following paragraph 4 is inserted after paragraph 3:
"(4) Decisions on the application for the renewal of proceedings shall be excluded from the decision of the judge or adjudicator who took decisions in the main proceedings. '
Paragraph 4 shall become paragraph 5.
5. In the second sentence of Paragraph 88d (2), the words "issued to the Probation and Mediation Service 'shall be inserted after the words" mandates'.
6. In Paragraph 142, the sentence "If the first probation officer has submitted a proposal, the right to lodge a complaint shall not be added at the end of paragraph 1. '
7. in Articles 152 (1) (c) and 152 (2), the words "on suspension of imprisonment and replacement of custody" shall be deleted;
8. The following Section 154a is inserted after Section 154:
The obligation to pay the costs referred to in Article 152 (1), if not the costs associated with the execution of the custodial sentence, shall cease to exist, and Article 153 (1) and Article 154 (3), unless the court has ruled on it within three years of the date on which it was able to do so for the first time. '
9. Paragraph 155 (3) reads as follows:
"(3) The President of the Chamber shall decide on the obligation for the sentenced to bear the costs associated with the use of the electronic control system in cases other than those referred to in paragraphs 1 and 2, of the court which issued the decision the execution of which has been checked by means of the electronic control system after or during the electronic control. ';
10. In Section 158 (6), the following sentence is inserted after the first sentence: "If the official record is signed by the person giving the explanation, a copy of it shall be provided to it upon request."
11. in Article 179g (2) (a) and in Article 307 (2) (a), the words "in respect of which" shall be replaced by the words "which may also consist in the holding and rearing of animals and their care, if applicable."
12. in Article 179g (3):
"(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 for six months to five years; the probationary period begins with the legal power of this Decision. The test period may be set longer than the period for which the suspect has undertaken to refrain from certain activities referred to in paragraph 2 (a). ';
13. in Article 179g, the following paragraph 4 is inserted after paragraph 3:
"(4) Until such time as the suspect has committed himself to abstain from an activity referred to in paragraph 2 (a), the period during which the decision on the suspension of the application for the suspension of the application for a penalty for an activity subject to an obligation shall be taken into account in the context of a criminal offence withdrawn under another law or by decision or measure of a public authority shall no longer be allowed to pursue that activity. ';
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
14. In the first sentence of Article 179g (6), the words "must 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 suspect undertakes to refrain from during the trial period 'shall be replaced by the words" (a) must also include the determination of the activity which the suspect undertakes to refrain from during the trial period and the duration of that commitment; the decision to suspend the application for punishment referred to in paragraph 2 (b), as well as the amount of the amount of money allocated to the State for the financial assistance to victims of crime'.
15. at the end of paragraph 7, the words "; if it is suspected that it will refrain from driving motor vehicles during the test period, it may also be required to submit to a therapeutic programme under the law governing road traffic (hereinafter referred to as the" Driver's Therapy Programme ")."
16. in Article 179g, at the end of paragraph 7, the sentence "The Prosecutor may also provide for suspicious supervision; Article 49 to 51 of the Penal Code shall apply mutatis mutandis to the exercise of supervision. In the case of a suspect who is close to the age of young persons, the prosecutor may, in order to use the educational activities of the family, school and other bodies, impose, either on his own or in addition to appropriate restrictions and obligations, some of the educational measures referred to in the Law on the Judicial Affairs in the case of young persons under similar conditions laid down for young persons. ';
17. in Article 179h, the following paragraphs 1 and 2 are inserted:
"(1) The time set out in Paragraph 179g (4) shall be set off by the prosecutor immediately after the legal authority to decide on the suspension of the application for punishment; the decision indicates the estimated date of termination of the commitment to abstain.
(2) The public prosecutor may, on a proposal from a suspect who has undertaken to refrain from and care for the holding and rearing of animals, set a reasonable time limit to ensure the care of the animal which is kept, kept or cared for and subject to an obligation under Article 179g (2) (a); that period shall not be counted against the duration of the undertaking. This period may be extended repeatedly by the Prosecutor, on a proposal from the suspect. ';
Paragraphs 1 to 4 shall become paragraphs 3 to 6.
18. In Article 179h (3), the words "extend the trial period by up to one year; however, the trial period may not exceed five years. The obligation to compensate for the damage caused, to grant unfounded enrichment and other obligations which the suspect has undertaken to fulfil, as well as other restrictions imposed, shall continue during the extended trial period '.
19. In Article 179h, at the end of paragraph 3, the dot is deleted and the following points (a) to (f) are added:
"(a) determine the suspected surveillance;
(b) to extend the trial period by up to two years, the total duration of the trial period shall not exceed five years;
(c) to impose on the suspect a reasonable restriction or a reasonable obligation to lead a proper life;
(d) to provide the suspect with an unimposed educational measure aimed at leading a proper life if he is at an age close to the age of minors;
(e) to require a suspect to deposit a cash amount on behalf of the Prosecutor for assistance to victims of crime, or
(f) accept an undertaking or an extension of an obligation to refrain from an activity pursuant to Article 179g (2) (a). ';
20. in Article 179h (3), the following point (d) is inserted after point (c):
"(d) require a suspect who has undertaken to refrain from driving motor vehicles during the trial period, not yet required to submit to the driver's therapeutic programme,";
Points (d) to (f) shall be renumbered as points (e) to (g).
21. In Article 179h (3), the words "at the end of the text of point (g) may be added; at the same time, the prosecutor may impose an obligation on the suspect to submit to the driver's therapeutic programme."
22. In Article 179h, the following paragraph 4 is inserted after paragraph 3:
"(4) The decision referred to in paragraph 3 shall be without prejudice to the obligation of the suspect to make good the damage caused, to grant unjustified enrichment and to comply with reasonable restrictions, an appropriate obligation or educational measure imposed in the decision to suspend the application for punishment or any other obligation which he has undertaken to comply with. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
23. in Article 179h (5), "1" is replaced by "3."
24. in Article 179h (6), "2" is replaced by "5."
25. Paragraph 179h (7) reads:
"(7) A suspect may lodge a complaint against a decision under paragraphs 1 to 3; a complaint against a decision pursuant to paragraphs 2 and 3 shall have suspensory effect. ';
26. The following Section 179i is inserted after Section 179h:
(1) If a decision has been taken to suspend the application for punishment while the probation officer is in charge of supervision, the probation officer may not impose obligations on the suspect other than those resulting from the law or imposed by the prosecutor in the exercise of his supervision. If the prosecutor considers it appropriate, he shall at the same time request cooperation between public authorities, public interest associations and other institutions, institutions and persons. Paragraph 350k shall otherwise apply mutatis mutandis to the exercise of supervision.
(2) Where a decision has been taken to suspend the application for punishment subject to a reasonable limitation or an appropriate obligation or educational measure, paragraphs 329 and 350l shall apply mutatis mutandis to the procedure for carrying out the inspection; If the suspect has undertaken to refrain from holding and rearing animals and care for them, Article 350ab shall apply mutatis mutandis to the procedure for carrying out checks.
(3) If a suspect leads a proper life in the trial period and has demonstrated improvement in the performance of his or her duties, the prosecutor may, on a proposal from the suspect, withdraw an adequate limitation, an adequate obligation or educational measure if he or she can be expected to lead a proper life without it or may withdraw the supervision imposed if there is no longer a need to monitor and control his or her behaviour; This decision may be taken by the Prosecutor at the earliest after one third of the probationary period, but at least after six months of its duration. The fixed trial period shall remain unaffected by the decision referred to in the first sentence.
(4) The suspected person may lodge a request for the withdrawal of the appropriate restriction, proportionate obligation or educational measure, the control of which has been entrusted to the Probation and Mediation Service, or an application for revocation of the imposed supervision, only if it is accompanied by a positive opinion of the probation officer; If the opinion is not attached to the proposal, the prosecutor shall not decide on such a proposal and shall return it to the suspect with instructions on the need to attach such an opinion to it. If the suspect's proposal has been rejected, he may not repeat it until six months after the date on which the decision to dismiss became final; This does not apply if it has been rejected only on the ground that the period laid down in paragraph 3 has not yet expired.
(5) At the end of the half of the period for which the suspect has committed to abstain from an activity under Paragraph 179g (2) (a), the prosecutor may decide, on a proposal from the suspect, that the remainder of the commitment will not be executed if the suspect has demonstrated in the course of the duration of that commitment that his continued execution is not necessary. In so doing, the prosecutor may take into account whether the suspect has successfully undergone an appropriate social training and reeducation programme or psychological advice aimed at the activity covered by his obligation under Article 179g (2) (a).
(6) At the same time as the decision referred to in paragraph 5, the public prosecutor may extend the probationary period of the suspension of the application for punishment by up to two years, the total duration of the trial period not exceeding five years.
(7) A suspect may lodge a complaint against a decision under paragraphs 3 and 5 with suspensive effect. ';
27. In the second sentence of Article 179i (5), the words "the driver therapeutic programme 'shall be inserted after the words" submitted'.
28. In the first sentence of Paragraph 181 (3), the words "probation officer 'are replaced by" probation and mediation services'.
29. in Article 184 (2), the words "probation and mediation service by probation officers" shall be replaced by "probation and mediation service by probation officers."
30. In Paragraph 184 (3), the words "creating probation 'are replaced by the words" creating Probation' and the words "as instructed by the President of the Chamber by the Probation Officer 'are replaced by the words" acting under the authority of the President of the Senate, the Probation and Mediation Service'.
31. In Paragraph 232, the words "where the law expressly provides for it 'are replaced by the words" in cases where the law expressly provides for it or where the President of the Chamber considers it necessary for an important reason'.
32. in Article 265b (1), the following point (g) is inserted after point (f):
"(g) the relevant factual findings, which are relevant for the performance of the criminal offences, are manifestly contrary to the content of the evidence made or are based on, or have not been unreasonably provided with, the evidence which is not technically applicable;"
Points (g) to (l) shall be renumbered as points (h) to (m).
33.In Article 265b (1) (m), "k" is replaced by "l."
34. in Article 265f (1), the text "(l)" is replaced by "(m)";
35. in the second sentence of Article 278 (1), "6 and 7" is replaced by "7 and 8."
36. In § 278 (2) first sentence and § 278 (3) first sentence, "3 'is replaced by" 6'.
37. in Paragraph 307 (3):
"(3) If the defendant has already given his consent to the conditional suspension of the application for punishment, that consent shall also be deemed to be the consent of the defendant to the suspended prosecution. ';
38. in Paragraph 307, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) A decision on the suspension of a criminal prosecution shall provide for a trial period of six months to two years, six months to five years in the case of a decision referred to in paragraph 2; the probationary period begins with the legal power of this Decision. The trial period may be longer than the period for which the defendant has undertaken to refrain from certain activities referred to in paragraph 2 (a).
(5) Until such time as the defendant has committed to abstain from an activity under paragraph 2 (a), the period of time for which the decision to suspend the criminal prosecution was, before the legal authority of the Member State concerned, authorised to pursue the activity which is the subject of the undertaking in connection with an act withdrawn under another law or by a decision or measure of a public authority shall be taken into account. ';
Paragraphs 4 to 7 shall be renumbered paragraphs 6 to 9.
39. In the first sentence of Article 307 (7), the words "must 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 accused is committed to abstain during the trial period 'shall be replaced by the words" (a) must also include the determination of the activity which the accused is committed to abstain during the trial period and the duration of that commitment; the decision on the suspension of criminal prosecution referred to in paragraph 2 (b) shall also amount to the amount of money allocated to the State for the financial assistance to victims of crime'.
40. In Section 307, at the end of paragraph 8, the words "; if the defendant undertakes to refrain from driving motor vehicles during the trial period, he may also be obliged to submit to the driver's therapeutic programme '.
41. In Paragraph 307, the following sentence is added at the end of paragraph 8: "The Court of First Instance and the preparatory procedure may also provide for supervision of the defendant; Article 49 to 51 of the Penal Code shall apply mutatis mutandis to the exercise of supervision. If the accused are of a age close to the age of minors, the court and the preparatory proceedings may, in order to benefit from the educational activity of the family, school and other bodies, impose, either on his own or in addition to appropriate restrictions and obligations, some of the educational measures referred to in the Law on Justice in the case of youth, under similar conditions laid down for minors. '
42. in Paragraph 308, the following paragraphs 1 and 2 are added:
"(1) The President of the Chamber and, in the preparatory proceedings, the Prosecutor shall decide on the netting of the period referred to in Article 307 (5) immediately after the legal authority has given the decision on the suspension of the prosecution; the decision indicates the estimated date of termination of the commitment to abstain.
(2) The President of the Chamber and, in the preparatory proceedings, the Prosecutor may, on a proposal from the defendant who has undertaken to refrain from the holding and rearing of animals and care for them, set a reasonable time limit to ensure the care of the animal which is kept, kept or cared for and which is subject to an obligation under Article 307 (2) (a); that period shall not be counted against the duration of the undertaking. The President of the Chamber and, in the preparatory procedure, the Prosecutor may, on a proposal from the defendant, extend that period repeatedly. ';
Paragraphs 1 to 4 shall become paragraphs 3 to 6.
43. In § 308 (3), first and third sentences, § 324a (2), first sentence, § 324a (3), third sentence, § 324a (4), § 327 (2), § 334f (2), § 350a (4), and in § 350h (4), the first sentence, the word "court" shall be replaced by "President of the Senate."
44. In Paragraph 308 (3), the words "extend the trial period by up to one year; however, the trial period may not exceed five years. The obligation to compensate for the damage caused, to grant unfounded enrichment and other obligations to be fulfilled by the defendant, as well as other restrictions imposed, shall continue during the extended trial period '.
45. In Section 308, the dot is deleted at the end of paragraph 3 and the following points (a) to (f) are added:
"(a) establish supervision of the accused,
(b) to extend the trial period by up to two years, the total duration of the trial period shall not exceed five years;
(c) to impose on the defendant not yet imposed reasonable restrictions or reasonable obligations to lead a proper life;
(d) lay down an unimposed educational measure for the accused to lead a proper life if he is at the age of a young person who is close to his age;
(e) to require the defendant to deposit, on behalf of the court and in preparation for the account of the public prosecutor, a sum of money intended for the State to assist victims of crime; or
(f) accept an undertaking or an extension of an obligation to refrain from an activity pursuant to Article 307 (2) (a). ';
46. in Article 308 (3), the following point (d) is inserted after point (c):
"(d) require the defendant, who has undertaken to refrain from driving motor vehicles during the trial period, not yet required to submit to the driver's therapeutic programme;"
Points (d) to (f) shall be renumbered as points (e) to (g).
47. In Article 308 (3), the words "at the end of the text in point (g) shall be added; the President of the Chamber and, in the preparatory proceedings, the Prosecutor may at the same time impose an obligation on the defendant to submit to the driver's therapeutic programme '.
48. In Paragraph 308, the following paragraph 4 is inserted after paragraph 3:
"(4) The decision referred to in paragraph 3 shall be without prejudice to the obligation on the defendant to make good the damage caused, to grant unjustified enrichment and to comply with reasonable restrictions, an adequate obligation or educational measure imposed in the decision on the suspension of criminal prosecution or any other obligation which he has undertaken to comply with. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
49. In Paragraph 308 (5), "1 'is replaced by" 3'.
50. In Paragraph 308 (6), "2 'is replaced by" 5'.
51.Paragraph 308 (7) reads as follows:
"(7) The defendant may lodge a complaint against the decision referred to in paragraphs 1 to 3; a complaint against a decision pursuant to paragraphs 2 and 3 shall have suspensory effect. If such a decision is taken by the President of the Chamber, the Prosecutor shall also be entitled to do so. ';
52. The following Section 308a is inserted after Section 308:
(1) Where a decision has been made to suspend a criminal prosecution on condition of supervision, the probation officer may not, in the exercise of his or her supervision, impose obligations other than those resulting from law or the imposition of which he or she has been ordered by the court and in the preparatory proceedings by the prosecutor. If the President of the Chamber so considers it appropriate and in the preparatory procedure, the Prosecutor shall at the same time request the cooperation of public authorities, interest associations of citizens and other institutions, bodies, offices and persons. Paragraph 350k shall otherwise apply mutatis mutandis to the exercise of supervision.
(2) Where a decision has been taken to suspend the prosecution on a conditional basis, while establishing a reasonable limitation or a reasonable obligation or educational measure, Article 329 and 350l shall apply mutatis mutandis to the procedure for carrying out the inspection; If the defendant has undertaken to refrain from holding and rearing animals and care for them, Article 350ab shall apply mutatis mutandis to the procedure for carrying out checks.
(3) If the defendant leads a life of trial and has demonstrated improvement in the performance of his duties, the President of the Chamber and the preparatory proceedings of the Prosecutor may, on a proposal of the defendant, impose a reasonable limitation, an appropriate obligation or educational measure, withdraw if he can be expected to lead a proper life without them, or may withdraw the supervision imposed if there is no longer a need for increased monitoring and control of his behaviour; the decision may be taken by the President of the Chamber and by the Prosecutor in the preparatory procedure at the earliest after one third of the probationary period, but at least after six months. The fixed trial period shall remain unaffected by the decision referred to in the first sentence.
(4) The defendant may lodge a request for revocation of the appropriate restriction, proportionate obligation or educational measure which has been entrusted with control by the Probation and Mediation Service or an application for revocation of the imposed supervision only if it is accompanied by a positive opinion of the probation officer; If the opinion is not attached to the proposal, the President of the Chamber and, in the preparatory procedure, the Prosecutor shall not decide on such a proposal and shall return it to the defendant with instructions on the need to attach such an opinion to it. If the defendant's application has been rejected, it may not be repeated until six months after the date on which the decision rejecting the decision becomes final; This does not apply if it has been rejected only on the ground that the period laid down in paragraph 3 has not yet expired.
(5) On the expiry of half of the period for which the defendant has committed to refrain from an activity under Paragraph 307 (2) (a), the President of the Chamber and in the preparatory proceedings, the Prosecutor may decide, on the basis of a proposal from the defendant, that the remainder of the commitment will not be executed if the defendant has demonstrated, during the duration of that commitment, the manner of his life that his continued execution is not necessary. In so doing, the President of the Chamber and, in the preparatory proceedings, the Prosecutor may take into account whether the accused has successfully undergone an appropriate social training and reeducation programme or psychological advice aimed at the activity covered by his obligation under Paragraph 307 (2) (a).
(6) At the same time as the decision referred to in paragraph 5, the President of the Chamber and the preparatory procedure may extend the probationary period of the conditional cessation of criminal prosecution by up to two years, the total duration of the probationary period not exceeding five years.
(7) The defendant may lodge a complaint against the decision referred to in paragraphs 3 and 5 which shall have suspensory effect. If such a decision is taken by the President of the Chamber, the Prosecutor shall also be entitled to do so. ';
53. In the second sentence of Paragraph 308a (5), the words "the driver therapeutic programme 'are inserted after the words" subjected'.
54. In the first sentence of Paragraph 314c (5), the words "if not the decision to refer a case to a decision on jurisdiction" shall be inserted after the words "(c)."
(55) In Article 314e (5), the words "and a replacement sentence for imprisonment" shall be inserted after the word "freedom."
56. In Article 320 (2), the word "district 'shall be inserted after the words" this sentence'.
57. in Paragraph 322 (5):
"(5) Where, pursuant to paragraph 4, a decision has been taken to postpone the execution of a custodial sentence,
(a) a statement of oversight shall apply mutatis mutandis to the supervisory procedure of Sections 330a and 350k;
(b) the imposition of a reasonable restriction or an appropriate obligation or educational measure shall apply mutatis mutandis to the procedure for carrying out the check,
(c) the decision that the sentenced person, within the specified period of time for which the execution of the sentence has been suspended, shall be held within the prescribed period within the designated residence or part thereof, shall apply mutatis mutandis to the procedure for the exercise of that obligation, paragraphs 334b to 334e. ';
58. In Paragraph 324 (1), the word "application 'is replaced by the word" proposal' and the words "initiative of the district court in whose district the sentence of imprisonment is exercised 'are replaced by the words" proposal by the President of the Chamber'.
59. In the first sentence of Paragraph 324a (1), the words "the district court in whose territory the sentence of imprisonment is served 'shall be replaced by the words" the President of the Chamber'.
60. In the second sentence of Article 324a (2), the words "a court to also act in a private sitting 'are replaced by the words" the President of the Chamber to act outside a public sitting'.
61. in § 324a (3), first sentence, § 327 (1) and (3) and in § 334f (1) and (3), the word "Court of First Instance" shall be replaced by "President of the Chamber."
62.Paragraph 325 (4) reads as follows:
"(4) Where, in accordance with paragraph 3, a decision has been taken to suspend the execution of a custodial sentence,
(a) a statement of oversight shall apply mutatis mutandis to the supervisory procedure of Sections 330a and 350k;
(b) the imposition of a reasonable restriction or an appropriate obligation or educational measure shall apply mutatis mutandis to the procedure for carrying out the check,
(c) the decision that the sentenced person, within a specified period of time for which the execution of the sentence has been suspended, shall be held within a specified period within the designated residence or part thereof, shall apply mutatis mutandis to the procedure for the performance of that obligation, paragraphs 334b to 334e. ';
63. Article 329 to 331, including the headings, read:
"Convicted conviction
(1) The President of the Chamber shall regularly, at least every six months, determine whether the suspended person has a proper life and complies with the restrictions imposed or the appropriate obligation or educational measure; This shall not apply to a reasonable limitation, an appropriate obligation or educational measure, the control of which has been entrusted to the Probation and Mediation Service, and to the obligation imposed to stay within a specified period of time in the designated dwelling or part thereof.
(2) Where a conditional conviction has been decided in the present decision to hold a conditional sentence within a specified period of time within a designated residence or part thereof, the procedure for the exercise of that obligation shall apply mutatis mutandis to Sections 334b to 334e.
(3) The President of the Chamber may request educational cooperation if he has offered a guarantee for rearing the sentenced.
(1) The President of the Chamber, acting on a proposal from the sentenced, shall decide whether a reasonable restriction or an appropriate obligation or educational measure is to be lifted, to maintain the conditional conviction or to execute the sentence, on the basis of a proposal from the sentenced, the public prosecutor or without such a proposal; to reject the proposal only on the grounds that the time limit laid down in the Act for the abolition of the appropriate restriction or obligation or educational measure has not yet expired, the President of the Chamber may also, outside a public meeting. An application for revocation of an appropriate restriction or an adequate obligation or an educational measure may be made by the sentenced only if it is accompanied by a favourable opinion of the probation officer, if he exercises control over that proportionate restriction, proportionate obligation or educational measure; otherwise, the President of the Chamber shall not decide on such a proposal and shall refer it back to the sentenced person with instructions on the need to attach the said opinion to him.
(2) If the motion of the sentenced person for the removal of the appropriate restriction or obligation imposed or the educational measure has been rejected, the sentenced person may not repeat it until six months after the date on which the decision rejecting the decision becomes final; This does not apply if it has been rejected only on the grounds that the period laid down in the Act for the abolition of the appropriate limitation or obligation or educational measure has not yet expired.
(3) The decision that the sentenced person has certified himself and the decision which abolishes the appropriate restriction or obligation or educational measure imposed may be taken by the President of the Chamber, with the consent of the Prosecutor, outside a public meeting. The President of the Chamber shall also rely on the expression of the interest association of the citizens when deciding on a certificate of a conditional conviction.
(4) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1.
(1) In the exercise of supervision, no obligations other than those arising from the law or judgment of the court may be imposed on the subject of a cross-compliance.
(2) If the President of the Chamber so considers it appropriate, he shall request the cooperation of public authorities, public interest associations and other institutions, bodies, offices and persons.
(3) Paragraph 330 shall apply mutatis mutandis to the decision on whether or not a convicted person under supervision has been certified, the supervision imposed, the restriction imposed or the appropriate obligation imposed or the educational provision imposed, the suspension with supervision is left in force or the sentence is executed.
(4) An application for revocation of the supervision imposed may be made by the sentenced only if it is accompanied by a favourable opinion of the probation officer; otherwise, the President of the Chamber shall not decide on such a proposal and shall refer it back to the sentenced person with instructions on the need to attach the said opinion to him. There is an admissible complaint against this decision which has suspensory effect.
Discharge
(1) The suspension of the prison sentence shall be decided by the court, acting on a proposal from the sentenced, the prosecutor or the director of the prison in which the sentence is served, or without such motion in a public session. A sentenced person who carries out a prison sentence may submit a suspension application only through a prison, otherwise the President of the Chamber shall return the application to him with instructions on the need to file it in this manner. The President of the Chamber shall inform the President of a public session on the suspension of the prison sentence imposed for both the crime and the victim who so requested (§ 228 (4)).
(2) An application for conditional release pursuant to Paragraph 88 (2) of the Criminal Code may be made by the sentenced person only if he attaches a positive opinion to the director of the prison that the sentenced person has demonstrated by his standard conduct and performance of his duties that no further execution of the sentence is necessary.
(3) If a conditional release is proposed by the director of the prison where the sentenced person carries out the sentence, or if he joins such a motion, the decision to release the sentenced person may, with the consent of the State's Attorney, also be taken by the President of the Chamber outside a public meeting.
(4) A citizen interest association may also join the motion for conditional release if it offers to take over the guarantee for the completion of the sentence. If the sentenced person agrees to this, the interest association of citizens may, before joining the defendant's proposal, ask the warden of the prison in which the sentence is carried out to inform him of the status of the prisoner's overeducation.
(5) If the application for conditional release has been rejected or withdrawn, the defendant may not repeat it until six months after the legal power of the decision rejecting it or the date on which the withdrawal of the application was served on the court; This does not apply if the application has been rejected or withdrawn only because the deadline laid down in the conditional release law has not yet expired. ';
64. The following Section 331a is inserted after Section 331:
(1) Where a decision on conditional release has been taken,
(a) a statement of oversight shall apply mutatis mutandis to the supervisory procedure of Sections 330a and 350k;
(b) the imposition of a reasonable restriction or an appropriate obligation or educational measure shall apply mutatis mutandis to the procedure for carrying out the check,
Contents
ČÁST PRVNÍ
Čl. I
㤠27b
㤠154a
㤠179i
㤠308a
§ 329
§ 330
§ 330a
§ 331
㤠331a
㤠334c
㤠334e
㤠334g
㤠336
㤠336a
㤠337
§ 338
㤠338a
㤠350
㤠350i
㤠350k
㤠350l
„Oddíl sedmý
§ 350m
Čl. II
ČÁST DRUHÁ
Čl. III
㤠60a
㤠61
㤠82a
㤠85a
㤠403a
§ 403b
ČÁST TŘETÍ
Čl. IV
㤠8
㤠15a
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
㤠73
㤠73a
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠81
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
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Regulation Information
| Citation | Act No. 220 / 2021 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service and on Amendment to Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on Social and Legal Protection of Children (Law on Probation and Mediation Service), as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Smlouva o dílo - V-00641 Portál Metodické centrum pro terapeutické kurzy
Centrum dopravního výzkumu, v. v. i.
EXPECT-IT, s.r.o.
1 445 950 CZK
19.12.2022
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The regulation text is for informational purposes only.
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