Act No. 265 / 2001 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 140 / 1961 Coll., Criminal Act, as amended, and certain other laws
Valid
Law
Effective from 01.01.2002
Contents
ČÁST PRVNÍ
Čl. I
㤠3
㤠6
㤠11
㤠17
㤠24
㤠27a
§ 27b
§ 27c
㤠28
㤠31a
㤠37a
㤠40a
㤠45a
㤠51a
㤠55
㤠55a
§ 55b
㤠62
§ 63
§ 64
㤠64a
㤠67
㤠68
㤠70a
㤠71
㤠72
㤠73
㤠73a
㤠73b
㤠74
㤠79a
㤠79b
§ 79c
㤠83a
§ 83b
㤠86
㤠87b
§ 87c
㤠88a
㤠103
㤠104
„Oddíl třetí
§ 104a
§ 104b
§ 104c
§ 104d
§ 104e
㤠105
㤠110
㤠110a
㤠146a
㤠151a
㤠155
„ČÁST DRUHÁ
§ 157
§ 157a
HLAVA DEVÁTÁ
§ 158
§ 158a
§ 158b
§ 158c
§ 158d
§ 158e
§ 158f
§ 159
§ 159a
§ 159b
HLAVA DESÁTÁ
Oddíl první
§ 160
Oddíl druhý
§ 161
§ 162
§ 163
§ 163a
§ 164
§ 165
§ 166
§ 167
Oddíl třetí
§ 168
§ 169
§ 170
Oddíl čtvrtý
§ 171
§ 172
§ 173
§ 173a
Oddíl pátý
§ 174
§ 174a
§ 175
Oddíl šestý
§ 176
§ 177
§ 178
§ 179
Oddíl sedmý
§ 179a
§ 179b
§ 179c
§ 179d
§ 179e
§ 179f
㤠180
㤠181
㤠183
㤠183a
㤠189
㤠198a
㤠212
㤠219
㤠226
㤠228
㤠251
㤠254
㤠257
㤠260
„HLAVA SEDMNÁCTÁ
§ 265a
§ 265b
§ 265c
§ 265d
§ 265e
§ 265f
§ 265g
§ 265h
§ 265i
§ 265j
§ 265k
§ 265l
§ 265m
§ 265n
§ 265o
§ 265p
§ 265r
§ 265s
㤠266a
㤠267
㤠274
㤠277
㤠303
㤠305
㤠306a
㤠309
§ 310
㤠310a
㤠311
㤠314
„Oddíl šestý
§ 314h
§ 314i
§ 314j
§ 314k
㤠329
㤠338
㤠349a
§ 349b
㤠350f
㤠350h
㤠351
㤠358
㤠380
㤠381
㤠384c
㤠384e
„Oddíl šestý
§ 384g
Čl. II
Čl. III
ČÁST ŠESTÁ
Čl. IX
ČÁST DEVÁTÁ
Čl. XII
ČÁST DESÁTÁ
Čl. XIII
ČÁST JEDENÁCTÁ
Čl. XIV
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265
THE LAW
of 29 June 2001
amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 140 / 1961 Coll., the Criminal Act, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE CRITERIA
Act No. 141 / 1961 Coll., on the Criminal Procedure of the Judicial (Criminal Code), as amended by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 29 / 1978 Coll., Act No. 29 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 151 / 1994 Coll., Act No. 148 / 1998 Coll., Act No. 166 / 1998 Coll., Act No. 29 / 1993 Coll., Act No. 25 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1998 Coll., Act No. 166 / 1998 Coll.
1. In Paragraph 2 (1), the words "as accused 'are deleted.
2. Paragraph 2 (4) reads as follows:
"(4) Unless otherwise provided for in this law, the law enforcement authorities shall act on an official basis. Criminal matters must be dealt with as quickly as possible and with the full investigation into the rights and freedoms guaranteed by the Charter of Fundamental Rights and the international treaties on human rights and fundamental freedoms by which the Czech Republic is bound; when carrying out criminal proceedings, those rights of persons affected by such acts may be affected only in justified cases by law and to the extent necessary to ensure the purpose of criminal proceedings. The content of petitions interfering with these obligations shall not be taken into account by law enforcement authorities. '.
3. Paragraph 2 (5) reads as follows:
"(5) The law enforcement authorities shall act in accordance with their rights and obligations set out in this Act and under the cooperation of the Parties in order to establish the facts of a case of which there are no reasonable doubts, to the extent necessary for their decision. The confession of the defendant shall not relieve the law enforcement authorities of the obligation to examine all essential circumstances of the case. In the preparatory proceedings, law enforcement authorities shall, in the manner set out in this Act, and without the proposal of the parties, make equally carefully clear the circumstances which testify to the benefit and to the detriment of the person against whom the proceedings are conducted. In court proceedings, prosecutors and accused persons may propose and carry out evidence in support of their opinions. The D.A. 's duty is to prove the defendant's guilt. This does not relieve the court of its obligation to supplement the evidence itself to the extent necessary for its decision.'
4. Paragraph 2 (8) reads as follows:
"(8) The prosecution before the courts shall be possible only on the basis of an indictment or an application for punishment brought by the prosecutor. The plaintiff shall represent the prosecutor in the proceedings. ';
5. Paragraph 2 (11) reads as follows:
"(11) The hearing before the courts shall be oral; evidence of testimony by witnesses, experts and accused persons shall, as a general rule, be carried out by questioning such persons. ';
6. Paragraph 2 (14) reads as follows:
"(14) The law enforcement authorities shall conduct proceedings and draw up their decisions in the Czech language. Anyone who declares that he does not control the Czech language shall be entitled to use his mother tongue or language which he or she claims to control before the law enforcement authorities."
7.
(1) Trade unions or employers' organisations and other civil associations, with the exception of political parties and political movements, churches, religious societies and legal persons pursuing charitable purposes in their subject matter (hereinafter referred to as "interest associations of citizens") may act in preventing and preventing crime in the manner set out in this Act.
(2) Citizens' interest associations may co-operate in the upbringing of persons for whom the court has ruled on the suspension of supervised punishment or whose prosecution has been suspended on a conditionally suspended basis, in the case of conditionally convicted, suspended for imprisonment with supervision and suspended; help also create conditions for the condemned to live after the execution of the sentence with a proper life. '
8. Sections 4 and 5 are deleted.
9.
(1) A citizens' interest association may offer to take over the guarantee:
(a) for the conduct of an accused person whose prosecution has been suspended on condition;
(b) for the reeducation of a convicted person who has been suspended with supervision on condition that the sentence of imprisonment has been suspended for a probationary period, in the case of a suspended sentence with supervision; or
(c) for the completion of the correction of a convicted person who carries out a custodial sentence, a criminal offence or a criminal offence; in such cases, the interest association of citizens may at the same time propose the conditional release of a sentenced person from prison or the suspension of the remainder of the sentence of the prohibition of activity or residence. In order to obtain evidence for such a request, he may, with the consent of the sentenced, inform himself of the conduct of his or her conduct and the course of the sentence.
(2) A citizens' interest association may also propose that the detention of the defendant be replaced by its guarantee (Paragraph 73) and that the defendant be asked to grant mercy and to exterminate the conviction for the sentenced.
(3) A citizens' interest association which has taken over the guarantee is required to act on the defendant or the sentenced in order to live a proper life and to take the necessary measures; the interest association of citizens shall also ensure that it makes good the damage caused by the offence. ';
10. in Article 8 (2) and (3):
"(2) Where, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that a criminal offence has been committed or, in court, also to assess the circumstances of the defendant or for the enforcement of the decision, the Prosecutor may, following the filing of the indictment or the application for punishment, request the President of the Chamber for information which is the subject of bank secrecy and the information on the securities records. In criminal proceedings under Section 178 of the Criminal Code, the law enforcement authority may require individual data obtained under a special law for statistical purposes. The conditions under which a criminal authority may require data obtained in tax administration shall be laid down in a separate law. Data obtained under this provision shall not be used for any purpose other than the criminal proceedings under which they were requested.
(3) Compliance with the obligations referred to in paragraph 1 may be refused with reference to the obligation to maintain the secrecy of classified information protected by a special law or by a State imposed or recognised obligation of confidentiality; That doesn't apply.
(a) if the person who has these obligations would otherwise be exposed to a risk of prosecution for non-notification or non-interference; or
(b) in the handling of a request to an authority active in criminal proceedings for an offence where the requested person is simultaneously the notifier of the offence.
Under this law, a State-recognised obligation of secrecy is not regarded as such an obligation whose scope is not defined by law, but results from a legal act under the law. '
11. in Paragraph 8, paragraphs 4 and 5 are added:
"(4) Where a special law does not lay down the conditions under which, for the purposes of criminal proceedings, facts which are classified under that law or which are subject to an obligation of confidentiality may be disclosed, those facts may be required for criminal proceedings after the prior consent of the Judge. This is without prejudice to the obligation of confidentiality of a lawyer under the Law on the Law of the Advocate.
(5) The provisions of paragraphs 1 and 4 are without prejudice to the obligation to maintain confidentiality imposed on the basis of a declared international agreement binding on the Czech Republic. "
12.
Inadmissibility of criminal prosecution
(1) The prosecution cannot be initiated and, if it has already been initiated, it cannot be continued and it must be stopped
(a) if the President of the Republic so commands, use his right to pardon or amnesty,
(b) where the prosecution is suspended,
(c) if there is a person who is excluded from the jurisdiction of the law enforcement authorities (§ 10), or a person whose prosecution requires consent under the law if such consent has not been given by the competent authority;
(d) if there is a person who is not responsible for the lack of age,
(e) against him who died or was declared dead,
(f) against which the previous prosecution for the same act has ended in a final judgment of the court or by a judgment of a court or of another authorised authority, in so far as the decision has not been annulled in the prescribed proceedings,
(g) against which the earlier prosecution for the same act has ended in a final decision approving the settlement if the decision has not been annulled in the prescribed procedure;
(h) against which the previous prosecution for the same act has ended in a final decision to refer the case with the suspicion that the act is an offence, an administrative delicacy or a criminal offence, unless the decision has been annulled in the prescribed procedure;
(i) where criminal prosecution is subject to the consent of the injured party and the consent has not been given or withdrawn; or
(j) if it so provides for a declared international treaty, which the Czech Republic is bound by.
(2) Where the reason referred to in paragraph 1 concerns only one of the partial attacks of an ongoing offence, this shall not prevent criminal prosecution of the remainder of the offence.
(3) However, in criminal proceedings which have been brought to an end on the grounds referred to in paragraph 1 (a), (b) or (i), the defendant shall continue to be declared within three days of the date on which the order to stop the prosecution has been notified that he insists on hearing the case. This must be taught to the accused. '
13. In Article 12 (1), the comma after the word "representative 'and the word" investigator' are deleted.
14. Paragraph 12 (2) reads:
"(2) The police authorities are the services of the Police of the Czech Republic and in proceedings concerning criminal offences of police officers by the Ministry of Interior for Inspection. The same rank is held in criminal proceedings involving members of the armed forces entrusted by the Military Police, criminal proceedings involving members of the Prison Service of the Czech Republic and criminal proceedings involving members of the Security Information Service authorised by the Security Information Service. The position of the police authorities shall also be that of the authorised customs authorities in proceedings concerning offences committed by breach of customs legislation and rules on the import, export or transit of goods, including where the offences of members of the armed forces or armed forces and services are involved. Unless otherwise specified, those authorities shall be entitled to all criminal proceedings falling within the competence of the police authority. ';
15. In Article 12 (10), the words "section from the beginning of criminal proceedings, where applicable, from the execution of urgent or unreachable acts (§ 160 (1), (2) to the filing of the indictment, the transfer of a case, the interruption or suspension of the prosecution before the prosecution," shall be replaced by the words "section from the opening of proceedings under this law to the drawing up of a record of the opening of criminal proceedings or to the decision or to the formation of other facts having the effect of the cessation of criminal proceedings before the prosecution, including clarification and examination of facts suggesting that a criminal offence has been committed, and the investigation."
16. In Article 12, paragraph 12 is added:
"(12) The act under this law shall also mean a partial attack on an ongoing offence, unless expressly stated otherwise. ';
17.
(1) The Regional Court shall at first instance conduct criminal proceedings where the law provides for a custodial sentence of at least five years, or where exceptional penalties may be imposed. On criminal offences
(a) treason, dissolution of the Republic, terror, corruption, sabotage, espionage, threats to classified facts, genocide and crime pursuant to § 1 of Act No. 165 / 1950 Coll., for the protection of peace,
(b) committed by means of notes, cheques and other securities, derivatives and other values negotiable on the capital market, or by means of forgeries and imitation thereof, provided that their legal feature is to cause significant damage or gain significant benefits; and
(c) infringements of the regulations on the handling of controlled goods and technology pursuant to § 124a to 124c, infringements of the regulations on foreign trade in military material pursuant to § 124d to 124f, infringements of binding rules on economic traffic pursuant to § 127, abuse of information in trade pursuant to § 128, unfair competition pursuant to § 149 of the Criminal Act,
if the lower limit of imprisonment is lower.
(2) The Regional Court shall, at the first stage, also conduct proceedings for partial attacks on an ongoing offence where, in accordance with the procedure laid down in Article 37a of the Criminal Act, the decision on the guilt of one of the offences referred to in paragraph 1 is taken into account in that proceedings. "
18.Paragraph 20 (1) reads as follows:
"(1) All accused persons whose offences are related shall be subject to joint proceedings, unless there are important grounds for doing so, against all attacks on an ongoing or mass crime and all parts of the criminal offence in progress. Other offences shall be managed jointly if such a procedure is appropriate for the speed and economy of the proceedings. '
19. In Section 22, the words "referred to by a non-competent court 'are replaced by the words" ordered by a superior court'.
20.
Decision on jurisdiction of the court
(1) Where doubts arise as to the jurisdiction of the court, it shall decide which court is competent to hear the case, the court which is closest together to the superior of the court with which the indictment has been brought, to which the case has been referred pursuant to Paragraph 295 or to which it has been ordered by a superior court, and the court which is to be responsible under the decision to refer the case to a decision on jurisdiction [§ 188 (1) (a), § 222 (1), § 257 (1) (a)]. It is only bound by the legal aspects relevant to the determination of jurisdiction (Sections 16 to 22). If the court to which the case has been referred for judgment is not the superior of the court competent under the law, it shall refer the case to the jurisdiction of the court which is jointly superior of the court to the referring court and to the court competent under the law.
(2) At the same time, the court which decides on the jurisdiction of the court may decide to withdraw and order the case on the grounds set out in Paragraph 25. "
21. In Paragraph 27, the following sentence is added at the end: "Where an audible record is made in proceedings before the court and, as a result, the President of the Chamber does not dictate the protocol, the Registrar shall, if necessary, be a senior judicial officer or a reporting official. '
22. The following Sections 27a to 27c are inserted after Section 27, including the title:
Senior judicial officer
Simple decisions, with the exception of guilty and punishable decisions, shall, as a general rule, be issued and executed and administrative acts relating to the proceedings shall be carried out by a senior judicial officer; the special law shall determine its jurisdiction and determine which acts may be carried out separately by a senior judicial officer and when he is acting under the authority of the Judge.
Probation Officer
(1) An official of the Probation and Mediation Service (hereinafter referred to as the "Probation Officer") shall, in criminal proceedings, supervise the accused, consisting of, on the one hand, the positive management and assistance of the accused and, on the other hand, the control of his conduct and, in cases where supervision has not been imposed, carry out actions to ensure that the accused leads a proper life, where a decision has been taken:
(a) the release of the accused of the detention under the current terms of supervision;
(b) conditional cessation of criminal prosecution;
(c) the suspension of supervised punishment;
(d) conditional convictions, including conditional convictions with supervision;
(e) conditional release from the execution of a custodial sentence, including suspension from the execution of a custodial sentence, with a simultaneous declaration of supervision; or
(f) the imposition of a penalty for community service or a ban on residence while imposing adequate restrictions and obligations.
(2) The probationary officer may be authorised to seek information on the defendant and on his social circumstances and the conditions for the decision to approve the settlement and on the suspension of criminal proceedings in a court of the President of the Chamber. Under the conditions laid down by a special law, it may carry out individual actions without such instructions. In proceedings before a court, he may exercise individual enforcement tasks, in particular where a non-deprivation sentence has been imposed, or where the sentenced person has been suspended from the execution of a deprivation sentence, or in the execution of individual types of protection measure.
(3) The closer conditions under which the probation officer exercises his duties are laid down in a separate law.
Assistant Supreme Court Judge
The Assistant Judge of the Supreme Court shall perform individual criminal proceedings under the authority of the Supreme Court Judge. It shall be governed by a special law. ';
23.
(1) Where the content of the document, notice or other procedural act needs to be translated or where the accused right referred to in Paragraph 2 (14) is used, the interpreter shall be added; The same applies if the provisions of the interpreter go to a person with whom there is no communication other than sign language. The interpreter can also be a writer. If the defendant does not state the language which he controls, or if he indicates a language or dialect which is not the language of his nationality or the official language of the State of which he is a citizen, and for such a language or dialect no person is registered in the list of interpreters, he shall designate an authority which is active in the criminal proceedings of the interpreter for the language of his nationality or the official language of the State of which he is a citizen. If they are a non-citizen, they mean the State of residence or the State of origin.
(2) Under the conditions set out in paragraph 1, the order initiating the prosecution, the order on detention, the prosecution, the application for punishment, the judgment, the criminal order, the decision on appeal and the suspension of the criminal prosecution shall be translated in writing; that is not the case if the defendant, after instruction, declares that he does not require the translation of such a decision. Where such a decision concerns more than one accused person, only the part of the decision relating to him shall be transferred to the defendant if it can be separated from the other statements of the decision and their reasons for it. The issuing of a translation of the decision and its delivery shall be provided by the criminal authority whose decision is concerned.
(3) Where service of the decision referred to in paragraph 2 is linked to the beginning of the period and a written translation of the decision is required, the decision shall be deemed to have been received after the receipt of the written translation. ';
24. in Paragraph 29 (2):
"(2) The amount of compensation and the remuneration of the interpreter shall be determined by the institution which has gained the interpreter and by the President of the Chamber, without undue delay in proceedings before the Court, no later than two months after the bill of payment and the fee of the interpreter. If the interpreter is not in agreement with the amount of compensation charged and the interpreter's remuneration, he shall decide by order. There is an admissible complaint against the resolutions which has suspensory effect. '
25. In Paragraph 29, the following paragraph 3 is added:
"(3) Reimbursement and remuneration of the interpreter shall be paid without undue delay after their admission, no later than 30 days."
26. In the first sentence of Article 30 (1), the words "the investigator and 'shall be deleted and after the words" the institution' shall be inserted the words "or the person employed in it '.
27. in the first sentence of Paragraph 30 (2), the words "investigator," shall be deleted;
28. The following Section 31a is inserted after Section 31:
The reasons for which a senior judicial or probation officer is excluded from carrying out criminal proceedings and the procedure for deciding on exclusion shall be laid down in a separate law. ';
29. In Paragraph 32, the words "the charge communicated to him 'are replaced by the words" criminal proceedings against him'.
30. Paragraph 33 (2) reads:
"(2) If the defendant certifies that he does not have the resources to cover the costs of the defence, the President of the Chamber and, in the preparatory proceedings, the Judge shall decide that he is entitled to the defence free of charge or for reduced remuneration. In such a case, the costs of the defence shall be borne by the State in whole or in part. ';
31. In Paragraph 33, the following paragraph 3 is inserted after paragraph 2:
"(3) The application for a decision referred to in paragraph 2, including the annexes to prove that it is justified, shall be lodged by the defendant in the preparatory proceedings through the public prosecutor and in the proceedings before the court which is in charge of the proceedings at first instance. A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 2. ';
Paragraph 3 shall become paragraph 4.
32. in Paragraph 35 (2):
"(2) The lawyer against whom he or she is or has been prosecuted may not be a lawyer and, as a result, in the proceedings in which he or she should be heard, has the status of defendant, witness or interested party. ';
33. In Paragraph 35, the following paragraph 3 is inserted after paragraph 2:
"(3) In criminal proceedings, a lawyer who testifies as a witness, gives an expert opinion or is active as an interpreter may not be a lawyer. '
Paragraph 3 shall become paragraph 4.
34. in Paragraph 35 (4):
"(4) In criminal proceedings in which classified information is discussed protected by a special law, the law-enforcement authority shall be obliged to instruct the lawyer under such law. The lessons learned shall be recorded in the file and notified in writing by the National Security Office within 30 days. ';
35. in Paragraph 36 (2), the words "investigator or" shall be deleted;
36. In Article 36 (4), the words "in the main version of the simplified procedure against the detainee 'shall be inserted after the words" also'.
37. in Article 36a (2), the words "in the infringement proceedings and in the recovery authorisation proceedings" shall be replaced by "in the infringement proceedings, in the appeal proceedings and in the recovery authorisation proceedings";
38. In Paragraph 37 (2), the following sentence shall be added at the end: "If he notifies the change of lawyer in such a way that the lawyer can be informed of the act within the legal period laid down by law, the law enforcement authority shall, from the date of receipt of such notification, notify the newly elected lawyer. Otherwise, the lawyer previously appointed or elected, unless excluded from the defence, shall be obliged to execute the defence until the lawyer elected to take it personally. '
39. In Paragraph 37, the following paragraph 3 is added:
"(3) If the defendant chooses two or more defenders and the criminal authority do not at the same time notify which of those defenders he has empowered to receive documents and to communicate the conduct of criminal proceedings, he shall be designated by the President of the Chamber and by the Prosecutor in the preparatory proceedings; notify its decision to all elected defenders. ';
40. The following Section 37a is inserted after Section 37:
(1) The President of the Chamber and, in the preparatory proceedings, the Judge shall also decide, on his own motion, to exclude the lawyer as the elected defence lawyer
(a) on the grounds referred to in Article 35 (2) or (3), or
(b) where the lawyer repeatedly fails to appear for criminal proceedings in which his or her participation is necessary, or does not ensure the participation of his or her representative, although he or she has been duly informed of such acts in good time.
(2) The President of the Chamber and, in the preparatory proceedings, the Judge shall also decide on the exclusion of a lawyer as an elected lawyer if the lawyer exercises the defence of two or more co-defendants whose interests are contrary in criminal proceedings. The defendant who has been excluded for this reason may no longer pursue the defence of any defendant in the same case.
(3) Before a decision referred to in paragraph 1 or 2, the President of the Chamber and in the preparatory proceedings shall allow the defendant and the lawyer to make their views known and shall take such observations into account in the decision. If he decides to exclude the lawyer, he shall also allow the defendant to choose another lawyer within a reasonable time; If there is a need for defence, it shall proceed in accordance with Paragraph 38 (1).
(4) A complaint having suspensory effect shall be admissible against the orders referred to in paragraphs 1 and 2. ';
41. The following Paragraph 40a is inserted after Paragraph 40:
(1) For the reasons set out in Paragraph 37a (1) or (2), or where the designated defence is not carried out for a longer period of time, the President of the Chamber and, in the preparatory proceedings, the Judge shall decide, on his own motion, to exempt the designated defence lawyer; before the decision allows the defendant and the lawyer to comment.
(2) A complaint with suspensive effect shall be admissible against the orders referred to in paragraph 1. ';
42. In the second sentence of Paragraph 41 (5), the words "the appeal and to take part in the appeal proceedings before the Supreme Court shall be inserted after the words" the defendant still ".
43. In Paragraph 43, the following paragraph 2 is inserted after paragraph 1:
"(2) A person who, while feeling morally or otherwise harmed by a criminal offence, is not considered to be damaged, but the injury caused is not caused by the perpetrator's fault or its formation is not in the causal link with the criminal offence. '
Paragraph 2 shall become paragraph 3.
44. In Paragraph 43, the following paragraph 4 is added:
"(4) The injured party may also waive the procedural rights conferred on him by this law as a injured party by an express declaration to the criminal authority. '
45. in Paragraph 44 (2):
"(2) If the number of victims is extremely high and the individual exercise of their rights could be jeopardised by the rapid conduct of the prosecution, the President of the Chamber and, in the preparatory procedure, on a proposal from the Prosecutor, the Judge shall decide that the damage may only be exercised by means of a joint agent chosen by him. The decision shall be notified by the court and the preparatory procedure of the prosecutors who have already claimed compensation; notify the other injured party of the decision in the first action of the criminal proceedings to which they are called or are informed. If the total number of elected agents would rise to more than six and the damage would not be agreed between each other on the selection, the selection shall be made taking into account the interests of the injured court. The common agent shall exercise the rights of the victims he represents, including the exercise of the right to compensation in criminal proceedings. ';
46. in Article 44 (3), "2" is replaced by "3."
47. in Paragraph 45 (3), "2" is replaced by "3."
48. The following Section 45a is inserted after Section 45:
All documents addressed to the injured party shall be delivered to the address indicated by the injured party. If he has an agent, it shall be delivered only to him; This shall not apply if a request is sent to the injured party to do something in person. ';
49. The following Section 51a is inserted after Section 51:
(1) If the injured party who has claimed, in accordance with the law, a claim for compensation does not have the means to bear the costs incurred in detaining the agent, the President of the Chamber of the Court of First Instance, and in the preparatory proceedings, the Judge shall decide, on his application, that he is entitled to legal aid provided by the agent free of charge or for reduced remuneration; This does not apply if, in view of the nature of the compensation applied, or the amount thereof, the agent's representation would appear to be redundant.
(2) The application for a decision referred to in paragraph 1, including the annexes to prove its rationality, shall be submitted by the injured party in the preparatory procedure through the public prosecutor, who shall attach his observations to it.
(3) Under the conditions laid down in paragraph 1, the President of the Chamber and in the preparatory proceedings shall be appointed by the Judge by the agent of the injured lawyer. The costs incurred in taking up such an agent shall be borne by the State.
(4) If the reasons which led to the provision of the injured agent or if, for important reasons, the injured agent cannot continue to be represented, the President of the Chamber and, in the preparatory proceedings, the judge shall decide, on his own motion, to waive the obligation to represent the injured party.
(5) A complaint having suspensory effect shall be admissible against the orders referred to in paragraphs 1, 3 and 4. ';
Contents
ČÁST PRVNÍ
Čl. I
㤠3
㤠6
㤠11
㤠17
㤠24
㤠27a
§ 27b
§ 27c
㤠28
㤠31a
㤠37a
㤠40a
㤠45a
㤠51a
㤠55
㤠55a
§ 55b
㤠62
§ 63
§ 64
㤠64a
㤠67
㤠68
㤠70a
㤠71
㤠72
㤠73
㤠73a
㤠73b
㤠74
㤠79a
㤠79b
§ 79c
㤠83a
§ 83b
㤠86
㤠87b
§ 87c
㤠88a
㤠103
㤠104
„Oddíl třetí
§ 104a
§ 104b
§ 104c
§ 104d
§ 104e
㤠105
㤠110
㤠110a
㤠146a
㤠151a
㤠155
„ČÁST DRUHÁ
§ 157
§ 157a
HLAVA DEVÁTÁ
§ 158
§ 158a
§ 158b
§ 158c
§ 158d
§ 158e
§ 158f
§ 159
§ 159a
§ 159b
HLAVA DESÁTÁ
Oddíl první
§ 160
Oddíl druhý
§ 161
§ 162
§ 163
§ 163a
§ 164
§ 165
§ 166
§ 167
Oddíl třetí
§ 168
§ 169
§ 170
Oddíl čtvrtý
§ 171
§ 172
§ 173
§ 173a
Oddíl pátý
§ 174
§ 174a
§ 175
Oddíl šestý
§ 176
§ 177
§ 178
§ 179
Oddíl sedmý
§ 179a
§ 179b
§ 179c
§ 179d
§ 179e
§ 179f
㤠180
㤠181
㤠183
㤠183a
㤠189
㤠198a
㤠212
㤠219
㤠226
㤠228
㤠251
㤠254
㤠257
㤠260
„HLAVA SEDMNÁCTÁ
§ 265a
§ 265b
§ 265c
§ 265d
§ 265e
§ 265f
§ 265g
§ 265h
§ 265i
§ 265j
§ 265k
§ 265l
§ 265m
§ 265n
§ 265o
§ 265p
§ 265r
§ 265s
㤠266a
㤠267
㤠274
㤠277
㤠303
㤠305
㤠306a
㤠309
§ 310
㤠310a
㤠311
㤠314
„Oddíl šestý
§ 314h
§ 314i
§ 314j
§ 314k
㤠329
㤠338
㤠349a
§ 349b
㤠350f
㤠350h
㤠351
㤠358
㤠380
㤠381
㤠384c
㤠384e
„Oddíl šestý
§ 384g
Čl. II
Čl. III
ČÁST ŠESTÁ
Čl. IX
ČÁST DEVÁTÁ
Čl. XII
ČÁST DESÁTÁ
Čl. XIII
ČÁST JEDENÁCTÁ
Čl. XIV
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Regulation Information
| Citation | Act No. 265 / 2001 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 140 / 1961 Coll., Criminal Act, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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