What is Act No. 253 / 2006 Coll.?

Act No. 253 / 2006 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws — Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and other related laws.

When it became Act No. 253 / 2006 Coll. effectiveness?

Act No. 253 / 2006 Coll. became effective 01.07.2006.

Is Act No. 253 / 2006 Coll. still valid?

Yes, Act No. 253 / 2006 Coll. is still valid and effective.

How many times was it Act No. 253 / 2006 Coll. amended?

Act No. 253 / 2006 Coll. has 4 time versions of the text.

Act No. 253 / 2006 Coll. - Act amending Act No. 141 / 1961 Coll., o...

253

THE LAW

of 19 April 2006

amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Code of Criminal Procedure

Čl. I

Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 20 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 15 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 20 / 2004, Act No. 15 / 2004, Act No. 20 / 2004, Act No. 15 / 2004, Act No. 20 / 2004, Act No. 20 / 2004 Coll.

1. Paragraph 39 (2) reads as follows:

"(2) For the purposes of the provision of a lawyer, the court shall keep an alphabetically organised waiting list of lawyers (hereinafter referred to as" the waiting list ') who agree to execute the defence as a provision by the defenders in that court and have their seat in its district or, where appropriate, its seat. The capital of Prague is considered to be the seat of the lawyer at the district courts in Prague. If a lawyer cannot be appointed from this waiting list, the court shall appoint an attorney from the waiting list of lawyers from the superior court.'

2. In Paragraph 42 (1), the words "or other asset value 'shall be inserted after the words" the case'.

3. In Paragraph 47, the following paragraph 7 is inserted after paragraph 6:

"(7) The property of the defendant subject to the freezing decision referred to in paragraphs 1 and 2 may be treated in the course of the enforcement of the decision only after prior agreement of the court and in the preparatory proceedings of the prosecutor; This shall not apply where enforcement is carried out to satisfy the State's claim. ';

Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.

4. In Paragraph 47, the following paragraph 10 is added:

"(10) The enforcement of the decision to secure the injured party's claim and the procedure for the management of the secured property shall be laid down in specific legislation. '.

5. The title of Title Four shall read: "INSURANCE OF PERSONS, MATTERS AND OTHER PROPERTY '.

6. In the first sentence of Paragraph 76 (6), the words "listed there 'are replaced by the words" referred to in paragraph 4'.

7. In Title Four of Section Three: "Issue and withdrawal of a case, provision of funds in an account, book-entry securities, real estate and other assets'.

8. In the first sentence of Article 79a (1), the words "and, where appropriate, the funds which are subsequently received in the account, including their accessories, shall be inserted after the words" decide to secure funds in the account. "

9. In Paragraph 79a (2), the following sentence is inserted after the second sentence: "The security shall cover funds that were in the account at the time the decision was delivered to the bank up to the amount specified in the freezing decision and its accessories. If the amount specified in the decision exceeds the balance of the funds in the account, the collateral shall also apply to funds that have been subsequently received into the account, up to the amount specified in the decision, including its accessories. ';

10. In the last sentence of Paragraph 79a (2), the word "judge 'is replaced by the words" President of the Senate'.

11. in Article 79c, the following paragraph 5 is added:

"(5) The procedure for the management of secured book-entry securities is laid down in specific legislation."

12. The following Sections 79d to 79f are inserted after Section 79c:

„§ 79d

Real estate collateral

(1) If the facts established indicate that the property is intended to commit or to commit a crime has been used or is a proceeds of crime, the President of the Chamber and in the preparatory proceedings the prosecutor or police authority may decide to secure such property. The police authority needs the prior approval of the prosecutor for such a decision. The prior consent of the prosecutor is not required in urgent cases which cannot be delayed. In such a case, the police authority shall, within 48 hours, submit its decision to the public prosecutor, who shall either give his consent or cancel it. A complaint is admissible against a property security decision.

(2) The property security resolution shall prohibit the property owner from dealing with the real estate referred to in the resolution; in particular, it shall be prohibited, after notification of the order, to transfer the property to or burden it on someone else and shall be ordered to inform the court within 15 days of notification of the order whether and who has a right to pre-purchase or other property, informing the property owner otherwise liable for the damage caused by it. A copy of the freezing order shall be sent by the authority referred to in paragraph 1 to the competent cadastral office and, where this is not apparent from the order, shall notify it of the name, surname, birth number or date of birth and permanent or other residence of the owner of the property and, if the security does not affect all the property of the owner of the property, shall indicate the property to which the collateral relates. The public prosecutor shall send a copy of the decision to cancel the property security referred to in paragraph 1 to the competent cadastral office.

(3) The President of the Chamber and, in the preparatory proceedings, the prosecutor or, with his or her consent, the police authority shall, if necessary, examine the property and its accessories; inform the owner of the property or the person living with him of the time and place of the examination and the person known to have rights to the property. The owner of the property or the person living with him living in the common household, as well as the person known to have rights to the property, shall be obliged to allow the property and its accessories to be examined.

(4) The competent law enforcement authority referred to in paragraph 1 shall deliver the relevant orders to persons known to have pre-purchase, rental or other rights to the property; they shall be delivered by the Financial Office and the Municipal Office in whose territory the property is situated and in whose territory the owner of the property has a permanent or other residence. If the President of the Chamber has decided to secure the property, the final order to secure the property shall be posted on the official record of the court, it shall be published in an appropriate manner in the preparatory procedure with the appropriate prosecutor. The competent cadastral office shall inform the law enforcement authority which has decided on the collateral referred to in paragraph 1 of this resolution.

(5) A deposit of ownership or other right in respect of a secured property under a special law may only be made after the competent cadastral office has been notified in accordance with paragraph 2 with the prior agreement of the authority which has decided on the collateral under paragraph 1. An application for the deposit of a right relating to a secured property submitted under a special law before the issuing of a resolution on its collateral, which has not yet been definitively decided on by the competent authority, shall cease to have legal effect on the date of the acquisition of the legal power of the resolution on its collateral.

(6) The rights of third parties to the secured property may be exercised in accordance with specific legislation. In the course of the execution of the decision, the property secured may be handled only after the prior agreement of the Judge and in the preparatory proceedings of the Prosecutor; This does not apply if the enforcement is carried out to satisfy the State's claim.

(7) Where the freezing of property for the purposes of criminal proceedings is no longer necessary or the freezing of property is no longer necessary to the extent specified, the law enforcement authority referred to in paragraph 1 shall revoke or restrict the freezing of property. The police authority needs the prior approval of the prosecutor for such a decision. There is an admissible complaint against a decision to revoke or limit the collateral which has suspensory effect.

(8) The owner of the property which has been secured has the right at any time to request the cancellation or limitation of the collateral. The President of the Chamber must take a decision on such a request without delay. If the application has been rejected, the owner of the property may, if he does not give new reasons, repeat it only after 14 days from the date of the decision. A complaint against this decision is admissible.

(9) The procedure for the management of the secured property is laid down in specific legislation.

§ 79e

Other equity collateral

(1) If the facts established indicate that assets other than those referred to in paragraphs 78 to 79d are intended to commit or be used for the commission of a crime, or are proceeds from a crime, the President of the Chamber and the preparatory procedure may decide to secure such property. The police authority needs the prior approval of the prosecutor for such a decision. The prior consent of the prosecutor is not required in urgent cases which cannot be delayed. In such a case, the police authority shall, within 48 hours, submit its decision to the public prosecutor, who shall either give his consent or cancel it. A complaint is admissible against a decision to secure another property value.

(2) In the resolution on the provision of other property value, the owner shall be prohibited from handling the property value referred to in the resolution and from transferring another asset value to or from someone else after notification of the resolution. The resolution on other assets may also limit the exercise of other rights related to the secured asset value where this is necessary for the purposes of collateral. In addition, the proprietor of other assets shall be ordered to inform the President of the Chamber within 15 days of the notification of the order whether and who has a right to other assets by way of pre-purchase or other rights, informing him that otherwise the owner of other assets is liable for the damage caused by it. In the order to secure other assets, its owner shall be invited to issue all documents necessary for the exercise of a certain right to secured other assets, bearing in mind the consequences of failure to comply with such a request within the prescribed time limit (Sections 66 and 79). These documents shall be drawn up and deposited in the custody of the court.

(3) An order to secure other property value shall also notify the debtor of the owner of the other property value by the law enforcement authority which has decided to secure it pursuant to paragraph 1 and shall require the debtor of the owner of the other property value to deposit the object of the transaction in the custody of the court or place designated by the law enforcement authority referred to in paragraph 1. By depositing the subject-matter of the transaction in the custody of a court or a designated place, the debtor shall fulfil his obligation to the extent that the performance is provided. An order to secure other assets shall be notified to the debtor before its owner.

(4) The law-enforcement authority which has decided to ensure the security referred to in paragraph 1 shall immediately inform the authority which, under special legislation, keeps records of owners or holders of other assets which have been secured and of the territorial location of the Office for the Representation of the State in matters of property in which the owner of other assets has a permanent or other residence; where the owner of other assets has such a residence abroad, he shall inform the Office of Representation of the State of other assets in respect of the property in whose territory the secured other assets are located. At the same time, the competent law enforcement authority shall invite those authorities to notify it without delay if it finds that the secured other asset value is being treated in such a way that it threatens to thwart or complicate its purpose.

(5) Where entry in the register held under special legislation is necessary for the transfer or for the establishment of a right to secured other property value, such entry may be made only with the prior consent of the authority which decided on the collateral referred to in paragraph 1 after the notification made pursuant to paragraph 4. In the course of enforcement of the decision, any other asset value secured may be treated only after the prior agreement of the President of the Chamber and in the preparatory proceedings of the Prosecutor; This does not apply if the enforcement is carried out to satisfy the State's claim.

(6) The rights of third parties to secured other assets may be exercised under a special law.

(7) Paragraph 79d (7) and (8) shall apply mutatis mutandis to the abolition or limitation of other assets.

(8) The procedure for managing the secured other asset value is laid down in a separate legislation.

§ 79f

Replacement provision

If the issue or withdrawal cannot be achieved (Sections 78 and 79), or if it is not possible to secure funds in the account (Sections 79a and 79b), book-entry securities (Sections 79c), real estate (Sections 79d) or other property value (Sections 79e), which are intended to commit or commit a criminal offence, have been used or are a proceeds of crime, a replacement value corresponding to, even in part, their value may be provided instead; in so doing, they shall be treated mutatis mutandis in accordance with the relevant provisions governing their issue, withdrawal or detention (Sections 78 to 79e). ';

13. The heading of § 80 to 81a reads: "Repayment and further treatment of the case and other property value."

14. The following Section 81a is inserted after Section 81:

„§ 81a

The procedures for the return of funds to, and further handling of, the account, book-entry securities, real estate and other assets which have been secured under Sections 79a to 79e, as well as for the refund procedure provided for under Section 79f, and for the further handling of such funds shall be used mutatis mutandis. '

15. in Article 146a (1), the following points (d) to (g) are inserted after point (c):

"(d) has secured the property, decided to limit the property's collateral, or has failed to comply with a request for the cancellation or limitation of such collateral (Sections 79d (1), (7) and (8));

(e) it has acquired a different asset value, has decided to limit the provision of another asset value, or has failed to comply with a request for revocation or limitation of such collateral (Sections 79e (1) and (7));

(f) it has secured a replacement value, decided to limit the provision of the replacement value, or failed to comply with a request for revocation or limitation of such collateral (§ 79f);

(g) has issued an order to secure property in another Member State of the European Union, has decided to recognise an order to secure property situated in the Czech Republic, or has decided to limit such collateral (§ 460b, 460f and § 460h (2)), '.

Points (d) to (f) shall be renumbered as points (h) to (j).

16. in § 146a (1) (h), the word "(§ 47)" is replaced by "or decided to limit collateral (§ 47 and § 48 (2))."

17. In the first sentence of Article 146a (2), the words "or 'shall be replaced by a comma and after the words" § 79c (4)', "§ 79d (1) and (7), § 79e (1) and (7) or § 79f 'shall be inserted.

18. In Paragraph 348 (2), the words "and the reinsurance procedure 'are replaced by the words" 10'.

19.

„§ 349

The President of the Chamber and, in the preparatory procedure, the Prosecutor shall cancel the security if the reason for which the property has been secured is absent. A complaint with suspensive effect shall be admissible against this decision. '.

20.

„§ 349b

Enforcement of the forfeiture penalty or other assets or execution of the forfeiture of the replacement value

The President of the Chamber shall send a copy of the judgment giving rise to the forfeiture of the case or other property value or to the forfeiture of the replacement value to the organisational body of the State which is responsible for the management of the property of the State under the special law. Where a case or other property value which is subject to a forfeiture penalty or other property value or which is subject to a forfeiture of the replacement value has been secured, the President of the Chamber shall take measures to entrust such an organisational component to the management of the asset or other property value or substitute value, provided that such an organisational component does not yet exercise its management. ';

21.

„§ 358

Paragraph 349b shall apply mutatis mutandis to the execution of a case or other property value or to the prevention of a replacement value. '

22. In the first sentence of Paragraph 384 (1), the words "or if there is reason to suspect that he is staying in the State 'shall be inserted after the word" State'.

23. in Article 388 (4) and (5), the words "under paragraph 3" shall be replaced by the words "under paragraphs 2 and 3."

24. In Article 397 (4), the first sentence is replaced by the following: "A complaint is admissible against a decision pursuant to paragraphs 1, 2 and 3 which has suspensory effect in the case of a decision under paragraphs 1 and 2."

25. in Article 397 (5), "3" is replaced by "1."

26. In Article 405 (1), the words "or if there is reason to suspect that he is staying in the State shall be inserted after the word" State. "

27. In the last sentence of Paragraph 405 (5), the words', other than the official language or languages in which Member States adopt the European Arrest Warrant, and the details of its service 'shall be deleted.

28. in Article 406 (1) (d) and (e), the words "as referred to in paragraph 1" shall be deleted;

29. in Paragraph 406 (2), first and fourth sentences and in paragraph 3, "2" is replaced by "1."

30. In Article 411 (3), the words "if 'shall be inserted after the words" if';

31. In the first sentence of Paragraph 411 (5), the words "in the case of decisions under paragraphs 1 and 3 'shall be inserted after the words" have'.

32. in Article 411 (6) (a), the word "charges" shall be inserted after the word "taxes."

33. in Paragraph 412 (2) (e), the word "drugs" is replaced by the word "intoxicants."

34. in the second sentence of Paragraph 420 (1), in the first sentence of paragraph 4 and in the first sentence of paragraph 5, the words "paragraph 4" are replaced by the words "paragraph 1."

35. The heading of § 441 reads as follows: "Security and transfer of cases, other assets and property security."

36. in Paragraph 441 (1):

"(1) At the request of the authority of the requesting State, the competent authority referred to in paragraph 3 shall decide whether to secure or transfer any other property or property or part thereof which may serve as evidence or which has been obtained by a criminal offence, or what other property or property has been provided for such a case. ';

37. In the first sentence of Paragraph 441 (2), the words "goods and property or 'are replaced by the words" goods, other assets or assets or' and in the second sentence the words "goods and 'are deleted.

38. in Article 441 (3) and (4), first sentence, the words' goods and property 'shall be replaced by' goods, other assets or assets or parts thereof ';

39. in Article 441 (5), the words "surrender of goods and property" shall be replaced by the words "surrender of goods";

40. In the first sentence of Paragraph 441 (6) and in the first sentence of paragraph 7, the word "surrender 'shall be replaced by" surrender' and in the second sentence of paragraph 7, the word "surrender 'shall be replaced by" surrender'.

41. In Part Four, Title Twenty-fifth, the following Section Eight is inserted after Section Seven:

„Oddíl osmý

Specific provisions on the recognition and enforcement of decisions to secure property or evidence between Member States of the European Union

§ 460a

(1) The provisions of this Section shall apply to reinsurance:

(a) the property, or part of it, of goods or other property of which it is suspected that it has been intended to commit or has been used for the commission of the offence, or is a return on or value equivalent, even in part, to such a return (hereinafter referred to as "property"); or

(b) the evidence referred to in Paragraph 112 (hereinafter referred to as "evidence"),

if they are located in the territory of a Member State of the European Union ("the executing State ') on the basis of a freezing order issued in another Member State of the European Union (" the issuing State').

(2) A freezing order means an order issued by the competent judicial authority of the issuing State in accordance with a European Union law to prevent the destruction, alteration, transfer or sale of assets which may be forfeited or prevented or of evidence.

(3) Save as otherwise provided in this Section, the provisions of Section Three of Title Four and of Section First and Fifth of this Title shall apply to the freezing of property or evidence.

Security of property or evidence in another Member State

§ 460b

(1) If the property or means of proof in the executing State is to be secured, the President of the Chamber and, in the preparatory proceedings, the Prosecutor shall issue an order to secure it. An order to secure property or evidence shall contain:

(a) the name, address, telephone and fax numbers and the electronic address of the issuing authority;

(b) the date and place of issue of the order;

(c) a description of the facts with a precise indication of the time, place and manner in which the offence was committed;

(d) the legal name of the offence with the literal wording of the relevant legal provisions;

(e) the description and description of the property or the means of proof and the place where it is located abroad; and

(f) an appeal notice as referred to in paragraph 6.

(2) The order shall be accompanied by a certificate of issue of the freezing order in the official language or one of the official languages of the executing State or in the language in which the executing State is willing to accept the freezing order. The model of the certificate of issue of the freezing order shall be laid down by the Ministry of Justice by a decree.

(3) If the evidence is provided, a request for transmission of the evidence to the Czech Republic shall be attached to the order referred to in paragraph 1. If the property is secured, an application shall be accompanied by an application for the recognition and enforcement of a decision to forfeit the property or to forfeit or prevent a case or other property value from occurring immediately after the decision has been taken.

(4) A request may be attached to the evidence injunction for the judicial authority of the executing State to take into account in the request those provisions of the penal order, unless this is contrary to the fundamental legal principles of the executing State.

(5) If the application referred to in paragraph 3 cannot be attached, the certificate referred to in paragraph 2 shall contain an instruction to ensure that the security is maintained until the date of submission of the application, including the estimated date of submission.

(6) A complaint shall be admissible against the freezing order referred to in paragraph 1.

§ 460c

The freezing order or means of proof, including the certificate referred to in Article 460b (2), shall be sent by the President of the Chamber and, in the preparatory proceedings, by the Prosecutor without undue delay upon issue directly to the competent judicial authority of the executing State. The sending through the Ministry of Justice in the case of an order issued by the President of the Senate or through the Supreme Prosecutor's Office in the case of an order issued by a State Prosecutor shall not be excluded. The person directly affected by the freezing order or the means of proof shall be served on the order only after the competent judicial authority of the executing State has ensured the execution of the order in the executing State.

§ 460d

The President of the Chamber and, in the preparatory proceedings, the Prosecutor who has issued the freezing order or evidence shall inform the competent judicial authority of the executing State without delay of the revocation of the order.

Recognition of the freezing order issued by the judicial authority of another Member State and enforcement of the recognition decision

§ 460e

(1) In order to decide on the recognition of an order for the freezing of property issued by the judicial authority of the issuing State and to ensure the enforcement of a decision for the recognition of such an order, the competent public prosecutor of the Regional Prosecutor in whose district the property covered by that decision is situated shall be the property concerned; where several prosecutors are simultaneously responsible, the procedure laid down in Paragraph 431 (3) shall be followed.

(2) If the freezing order issued by the judicial authority of the issuing State has been sent to a public prosecutor who is not competent to decide on the recognition of such an order, that public prosecutor shall forward it without delay to the competent public prosecutor; the transfer is notified by the judicial authority of the issuing State which sent it such an order.

(3) In order to carry out the acts referred to in Title 4 for which jurisdiction is given to the court, the district court is competent in the present proceedings under § 26.

§ 460f

(1) The public prosecutor shall decide on the recognition of the freezing order issued by the judicial authority of the issuing State, except in the cases referred to in paragraphs 2 and 3, and shall without delay ensure the execution of that decision by the freezing of the property in accordance with Section 3 of Title Four, except in the cases referred to in the second sentence of paragraph 4 and Section 460g (1). The recognition of the freezing order issued by the judicial authority of the issuing State shall be decided by the prosecutor within 24 hours at the latest, provided that sufficient supporting documents can be provided within that period. If the public prosecutor does not decide on the recognition of the freezing order issued by the judicial authority of the issuing State within that period, he shall take a decision on that recognition without delay after having provided sufficient evidence for his decision. The statement shall state in the statement of reasons for which it was not possible to decide within the time limit.

(2) The public prosecutor shall decide not to recognise an order to secure property issued by the judicial authority of the issuing State if:

(a) the freezing order is not accompanied by the certificate referred to in Article 460b (2), or the certificate is incomplete or manifestly not in accordance with the content of the order, unless the information contained in the order or other document of the judicial authority of the issuing State is sufficient to decide on the recognition of the freezing order, or that authority has completed, corrected or submitted the certificate within the time limit referred to in paragraph 3;

(b) the offence is not punishable under the law of both States unless it is a matter of conduct under Paragraph 412; in the case of offences relating to taxes, duties, duties or currencies, the recognition of the order of the judicial authority of the issuing State may not be refused only on the grounds that the laws of the Czech Republic do not impose the same kind of taxes, duties or duties or do not contain the same provisions as those of the issuing State,

(c) prosecution shall be inadmissible for the reasons set out in Article 11 (1) (f), (g), (h) and (4);

(d) the property referred to in the order cannot be subject to collateral under a special law;

(e) the order has not been issued in criminal proceedings in the issuing State; or

f) the order is contrary to the interests of the Czech Republic protected in § 377.

(3) Where the information given in the freezing order issued by the judicial authority of the issuing State or in the certificate referred to in Article 460b (2) is not sufficient for the decision of the public prosecutor to recognise the order or manifestly does not correspond to the content of the order or certificate or is not attached, the public prosecutor shall invite the judicial authority of the issuing State to send the certificate or to complete the order or certificate of the necessary data or to correct it, and shall set a reasonable time limit.

(4) The public prosecutor shall immediately inform the judicial authority of the issuing State of the recognition or partial recognition of his freezing order and of the enforcement of the recognition decision. Similarly, it shall immediately inform that authority of the non-recognition of its freezing order and of the non-execution of the security, since the property which is the subject of the security has been lost, destroyed or cannot be found on the site indicated in the certificate referred to in Article 460b (2).

(5) A complaint shall be admissible against the order for the freezing of property issued by the judicial authority of the issuing State pursuant to paragraph 1. The complaint cannot be challenged by the grounds for which the freezing order was issued by the judicial authority of the issuing State. The prosecutor shall inform the judicial authority of the issuing State of the lodging of the complaint and of the outcome of the proceedings on the complaint.

§ 460g

Deferred execution of the decision on recognition of the freezing order

(1) Where a public prosecutor recognises an order to secure property issued by the judicial authority of the issuing State, he may decide to postpone the enforcement of a decision to recognise that order if:

(a) its execution could interfere with criminal proceedings pending in the Czech Republic; or

(b) the property referred to in the freezing order issued by the judicial authority of the issuing State has already been secured in the context of other criminal proceedings pending in the Czech Republic or in another State.

(2) The public prosecutor shall immediately inform the judicial authority of the issuing State of the postponement of the execution of the decision on the recognition of the order referred to in paragraph 1, including the grounds for such postponement, and, if it can be estimated, the estimated duration of such postponement. In addition, it shall inform the judicial authority of the issuing State of any further restrictions on the property referred to in the freezing order issued by the judicial authority of the issuing State, if known.

(3) As soon as the reason for the suspension of the enforcement of the recognition decision referred to in paragraph 1 has elapsed, the public prosecutor shall ensure that the decision on recognition of the freezing order is enforced in accordance with Paragraph 460f and shall immediately inform the judicial authority of the issuing State thereof.

§ 460h

Duration, limitation and cancellation of collateral

(1) The freezing of property pursuant to Paragraph 460f shall continue until the date of enforcement of the decision to recognise the order of the judicial authority of the issuing State which has been declared forfeited or prevented from forfeiting the property referred to in the freezing order or part thereof, or until the date of cancellation of the security of property by the public prosecutor pursuant to paragraph 3.

(2) The public prosecutor who has decided to recognise the freezing order issued by the judicial authority of the issuing State and has ensured the enforcement of this decision shall decide on the limitation of the freezing of the property if he has been informed by the judicial authority of the issuing State that the extent of the freezing of the property specified in the freezing order has been limited in the issuing State.

(3) The public prosecutor who has decided to recognise the freezing order issued by the judicial authority of the issuing State and has ensured the enforcement of this decision shall decide without delay on the revocation of the property security once he has been notified by the judicial authority of the issuing State that the freezing order has been revoked in the issuing State. A complaint shall be admissible against decisions pursuant to paragraphs 2 and 3 which have suspensory effect. The complaint cannot be challenged by grounds for which the extent of the security of property in the issuing State has been limited or cancelled.

Security and transmission of the evidence referred to in the evidence injunction issued by the judicial authority of another Member State

§ 460i

(1) The President of the Chamber and, in the preparatory proceedings, the Prosecutor shall without delay provide the evidence referred to in the freezing order issued by the competent judicial authority of the issuing State, except for the reasons set out in paragraphs 4 and 5 of the second sentence and in Paragraph 460k (1). It shall act mutatis mutandis in accordance with the provisions of Section 3 of Title Four.

(2) Where the measures provided for in Articles 82 to 85b, 86 to 87c, 88, 88a or 158b to 158f are needed to provide evidence, the President of the Chamber and the preparatory procedure shall ensure that the evidence is provided under the conditions set out in those provisions and with the exception of the conduct referred to in Article 412, and under the conditions of double criminality.

(3) At the request of the judicial authority of the issuing State, the President of the Chamber and in the preparatory proceedings shall take into account the procedural requirements of that authority relating to the provision of evidence, unless they are contrary to the fundamental principles of criminal proceedings under this law and the interests of the Czech Republic referred to in Section 377.

(4) Where the information provided for in the order for evidence, issued by the judicial authority of the issuing State or in the certificate referred to in Article 460b (2), is not sufficient to ensure the evidence or manifestly does not correspond to the content of the order or certificate or is not attached, the President of the Chamber and in the preparatory proceedings shall invite the judicial authority of the issuing State to send the certificate or to complete the order or certificate for the necessary data or to correct it and shall set a reasonable time limit.

(5) The President of the Chamber and, in the preparatory procedure, the Prosecutor shall immediately inform the judicial authority of the issuing State of the evidence referred to in the order of that authority. Similarly, it shall immediately inform that authority of the failure to provide evidence for the reasons set out in Paragraph 460f (2) and that the detention cannot be carried out, since the means of proof which is the subject of the detention has been lost, destroyed or cannot be found in the place mentioned in the certificate referred to in Paragraph 460b (2).

§ 460j

(1) At the request of the judicial authority of the issuing State, the President of the Chamber and, in the preparatory proceedings, the public prosecutor shall transmit the evidence to the issuing State. Upon transmission of the evidence to the issuing State, the President of the Chamber and in the preparatory proceedings, the Prosecutor shall request the competent judicial authority of that State to return it; However, it may expressly waive that right.

(2) If the required evidence has already been obtained in another criminal proceedings conducted in the Czech Republic, the President of the Chamber and the preparatory proceedings may temporarily hand over the evidence to the issuing State, on condition that it is returned, within a period which he shall specify if it is necessary for criminal proceedings conducted in the Czech Republic or thus provides for specific legislation.

(3) The President of the Chamber and, in the preparatory proceedings, the Prosecutor shall transmit to the judicial authority of the issuing State evidence indicating that it may be used only with his consent in a criminal case other than that in which he has been requested.

§ 460k

Deferral of proof

(1) The President of the Chamber and, in the preparatory proceedings, the Prosecutor may delay the provision of the evidence referred to in the freezing order issued by the judicial authority of the issuing State if:

(a) its detention could interfere with criminal proceedings pending in the Czech Republic; or

(b) the evidence referred to in the order of the judicial authority of the issuing State has already been obtained in another criminal proceedings pending in the Czech Republic or another State.

(2) The President of the Chamber and, in the preparatory proceedings, the Prosecutor shall immediately inform the judicial authority of the issuing State of the postponement of the execution of the means of proof referred to in paragraph 1, including the grounds for such postponement, and, where appropriate, of the estimated duration of such postponement.

(3) As soon as the reason for the postponement has elapsed, the President of the Chamber and in the preparatory proceedings the Prosecutor shall carry out the evidence provided for in Section 460i and inform the judicial authority of the issuing State thereof without delay.

§ 460l

Duration, limitation and revocation of the evidence

(1) The provision of the evidence referred to in Article 460i shall continue until the date of its transmission to the judicial authority of the issuing State, or until the date of revocation of the evidence, by the President of the Chamber or in the preparatory proceedings by the Prosecutor, as referred to in paragraph 3.

(2) The President of the Chamber and, in the preparatory proceedings, a prosecutor who has secured the evidence referred to in the freezing order issued by the judicial authority of the issuing State shall restrict the provision of proof if he has been informed by the judicial authority of the issuing State that the extent of the freezing of the evidence referred to in the freezing order has been limited in the issuing State.

(3) The President of the Chamber and, in the preparatory proceedings, a prosecutor who has secured the evidence referred to in the freezing order issued by the judicial authority of the issuing State shall withdraw the evidence provided that he has been informed by the judicial authority of the issuing State that the freezing order has been revoked in the issuing State.

Regression entitlement in relation to the Member States of the European Union

§ 460m

(1) The Ministry of Justice shall, subject to reciprocity at the request of the executing State, which has recognised and executed the freezing order in accordance with Paragraph 460b, pay the amount paid by it as compensation for damages, on condition that:

(a) the order for the freezing of property or evidence issued pursuant to § 460b by the President of the Chamber or in the preparatory proceedings by the Prosecutor shall be annulled;

(b) the damage which the executing State has paid to such a person under its national rules has been caused by a annulled order issued pursuant to § 460b;

(c) the request by the executing State for reimbursement of the damage paid by it or the documents annexed thereto include the amount of compensation paid, the reasons for which it is requested and the details of the authority responsible for receiving the reimbursement, including the bank connection, in order to show the amount requested or the requirement for other means of payment; and

(d) the application referred to in (c) is accompanied by a final decision by the competent authority of the executing State on compensation.

(2) Where the request of the executing Member State does not contain the necessary information, the Ministry of Justice shall invite the competent authority of the executing State to supplement it and shall set a reasonable time limit. In doing so, it shall always draw its attention to the consequences of non-compliance with this call. If the competent authority of the executing State does not comply with the request within the prescribed time limit, without stating the reasons on which it could not do so, the Ministry of Justice shall not comply with the request.

(3) The Ministry of Justice will not reimburse the executing State for any damage caused by malpractice by the authorities of the executing State.

§ 460n

(1) The Ministry of Justice is entitled to apply to the issuing State, under the conditions laid down by it, for payment of the amount which it has paid as compensation where:

(a) the prosecutor has recognised, pursuant to § 460f, an order to secure property issued by the judicial authority of the issuing State and has ensured the enforcement of this recognition decision;

Citation	Act No. 253 / 2006 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	02.06.2006
Effective from	01.07.2006
Effective until	-
Status	Valid

Act No. 253 / 2006 Coll.

Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and other related laws

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