Act No. 283 / 2004 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and 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
Valid
Law
Effective from 01.07.2004
Text versions:
01.07.2004
07.05.2004
283
THE LAW
of 8 April 2004
amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and Act No. 265 / 2001 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, 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 to the Code of Criminal Procedure
Act No. 141 / 1961 Coll., on the criminal proceedings of the judicial (penal order), 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. 148 / 1978 Coll., Act No. 166 / 1999 Coll., Act No. 115 / 1993 Coll., Act No. 202 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 292 / 1993 Coll., Act No. 152 / 1995 Coll.
1. In Paragraph 8, the following paragraph 3 is inserted after paragraph 2:
"(3) For the reasons set out in paragraph 2, the Prosecutor may, following an indictment or an application for punishment, order the President of the Chamber to monitor the bank account or account with the Securities Centre for a maximum period of six months. If the purpose for which the monitoring of the account has been ordered persists even after that period, such monitoring may be extended by a further six months, including repeatedly, following an order from the authority before which the proceedings are conducted at that time. Data obtained under this provision shall not be used for any purpose other than the criminal proceedings under which they were obtained. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
2. In Paragraph 8 (6), "4 'is replaced by" 5'.
3. The following Section 11a is inserted after Section 11:
Criminal proceedings against the same person and for the same act may not be initiated if the prosecutor in the short trial
(a) decide to approve the settlement and postpone the case; or
(b) decide on a conditional postponement of the application for punishment and the suspect has proved himself or is deemed to have proven himself. "
4. Paragraph 33 (2) reads as follows:
"(2) If the defendant has testified that he does not have the means 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. If the evidence gathered shows that the defendant does not have sufficient resources to pay the costs of the defence, the President of the Chamber may, if necessary for the protection of the rights of the defendant, and in preparatory proceedings on a proposal from the Prosecutor, decide on the right of defence free of charge or for reduced remuneration, even without the defendant's proposal. In the cases referred to in the sentence, the first and second costs of the defence shall be borne by the State in whole or in part. ';
5. In Paragraph 39, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) For this purpose, the court shall keep an alphabetically organised waiting list of lawyers (hereinafter referred to as the" waiting list ') who wish to exercise the defence obligation as a provision by the defenders in that court and have their seat in the district of the regional court concerned. If a lawyer cannot be appointed from this waiting list, the court shall be kept by a waiting list of lawyers who have their seat in the district of the court.
(3) Advocates in the waiting list are appointed as defenders of individual defendants gradually as their surnames in the waiting list follow. If, in this way, a lawyer with grounds for expulsion from the defence is appointed or could not be established for other reasons, the first subsequent lawyer without such grounds shall be established. ';
Paragraph 2 shall become paragraph 4.
6. The following Section 44a is inserted after Section 44:
(1) If the law enforcement authority finds that there is a danger to the injured person or witness in connection with the stay of the accused or sentenced person, it shall instruct the injured person or witness to request information that:
(a) the defendant has been released from or escaped custody; or
(b) the sentenced has been released from prison or escaped from prison.
(2) The injured or witness may lodge the application referred to in paragraph 1 before the court and in preparatory proceedings with the prosecutor. Where the sentenced person is in the execution of a prison sentence, the application referred to in paragraph 1 shall be submitted to the court which took the decision at first instance. ';
7. § 55b, including the title reads:
Certain peculiarities of the protocol in court proceedings
(1) If, for important reasons, the President of the Chamber does not decide otherwise, an audio recording is made.
(2) If a senior judicial officer or a reporting official is recruited as a recorder, the protocol shall not be dictated, but shall be taken separately by a senior judicial officer or a certifying official, according to the phonogram.
(3) The denunciation of persons who have already been heard shall be entered in the minutes of the main hearing or in a public session only if they contain derogations or additions to previous statements or explanations. A public prosecutor or defendant may request that a statement made in a court of law or part thereof be literally registered; The President of the Chamber shall accept such a request unless the subject of the denunciation is merely a repetition of what is already recorded in the Protocol.
(4) The minutes of the main proceedings or of the public sitting need not be drawn up in writing if the defendant and the public prosecutor declare that they are giving up an appeal against the decision and do not insist on a written copy of the minutes of the main proceedings or of the public sitting, or no person entitled to appeal and the decision becomes final. In that case, the senior judicial officer or the reporting officer shall draw up a brief record of the conduct of the main trial or of the public meeting, indicating the place and duration of the main trial or of the public meeting, the persons present, the operative part of the decision, indicating the legal provisions to which he has applied and the statements of the persons entitled to appeal.
(5) If the phonogram has been issued for the conduct of an operation before a court and if there is no reason for the procedure referred to in paragraph 4, its essential content shall be recorded immediately after or during the operation in the record.
(6) In proceedings before a court, a senior judicial officer or a certifying officer shall be responsible for the accuracy and completeness of the declaration, provided that he has been recruited as a recorder.
(7) The audio recording shall be kept on the medium of information together with the file and, if its connection to the file is not possible, shall be noted in the record or brief record instead of its storage. The deletion of the sound recording may not be carried out before the file is shredded.
(8) If an action is carried out outside the courthouse and the sound recording cannot be taken, the recorder shall be added to the act and the President of the Chamber shall dictate the protocol to him. '
8. In Paragraph 70a (1), the dot is replaced by a comma at the end of the paragraph and the following point (j) is added:
"(j) the submission of an application to the injured party or witness in accordance with § 44a."
9. In Paragraph 70a, the following paragraph 2 is inserted after paragraph 1:
"(2) The injured party or the witness who made the request pursuant to Article 44a shall be informed, in an appropriate manner, of the release of the defendant for custody or of his escape from custody on the day on which that fact occurred. ';
Paragraph 2 shall become paragraph 3.
10. in Article 70a (3), "paragraph 1" is replaced by "paragraphs 1 and 2";
11. In the second sentence of Article 71 (2), the words "not applicable if the defendant has been found to have already been involved in witnesses or co-accused or otherwise obstructed the clarification of facts relevant to criminal prosecution 'shall be replaced by the words" if the defendant has been found to have already been involved in witnesses or co-accused or otherwise obstructed the clarification of facts relevant to criminal prosecution, the court shall decide, in preparatory proceedings, to keep the defendant in custody on a proposal from the prosecutor and after the prosecution,'.
12. The following Section 71a is inserted after Section 71:
Where a court has been given a judgment condemning the sentence by which the defendant has been sentenced to an unconditional prison sentence for a particularly serious intentional offence, the time limits for the duration of the detention provided for in Articles 71 (8) and (9) shall not apply until the order for the execution of the prison sentence imposed. ';
13. In Paragraph 81 (2), the sentences of the third and fourth shall be replaced by the sentence "If the defendant is concerned by a criminal offence or has not requested the defendant to refer the case back and the right to the case has not been exercised by another person within six months of the expiry of the period referred to in paragraph 1 of the second sentence, the matter shall be held by the State; This shall be without prejudice to the right of the owner to request the issue of such a case or the issue of the amount withheld for its sale. ';
14. In Paragraph 81 (3), the words "and, if there is a small price issue, it may be submitted to the authority competent under the special rules for implementation, in both cases', are deleted.
15. in Paragraph 81 (4), the words "surrender to the authority responsible under the special rules for implementation" shall be deleted;
16. The following Section 152a is inserted after Section 152:
The interest on late payments shall not be measured for claims incurred by the State as a result of the outstanding costs of criminal proceedings referred to in Article 152 (1) which the State has paid in the course of the proceedings. '.
17. In Paragraph 154, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Court of First Instance may, depending on the nature of the case and the circumstances of the case, decide, on a request from the injured party, that the defendant is required to pay the injured party in whole or in part the costs relating to the participation of the injured party in criminal proceedings, even if the injured party is not entitled to compensation even in part. '
18. In Article 155 (2), the words "or other costs relating to the participation of the injured party in criminal proceedings' shall be inserted after the words" in criminal proceedings'.
19. in Paragraph 173 (1) (d), the words "if a prosecution has been handed over" shall be replaced by the words "if a surrender of a prosecution is proposed."
20. In Paragraph 173a, the words "within five days of 'are replaced by the words" immediately after'.
21. in Article 174a (1), "two" is replaced by "three."
22. in Article 179c (2), the following points (f) and (g) are inserted after point (e):
"(f) postpone the case if it has decided to approve the settlement, applying mutatis mutandis the provisions of Paragraph 309 et seq.,
(g) the case shall be suspended on condition that Article 179g, ';
Points (f) and (g) shall be renumbered as points (h) and (i).
23. After Paragraph 179f, the following paragraphs 179g and 179h are inserted:
"Suspended postponement of application for punishment
(1) Instead of filing a motion for punishment, the prosecutor may decide, under the conditions set out in Section 307, that the application for punishment is suspended on condition that:
(a) the suspect has confessed to the crime,
(b) compensation for damage caused by an act;
(c) has given his consent to the suspension of the application for punishment,
and in view of the person of the suspect, taking into account his or her life and the circumstances of the case, such a decision may reasonably be considered sufficient.
(2) The decision to suspend the application for punishment shall set a trial period of six months to one year. The probationary period shall begin with the legal power of this Decision.
(3) The suspect may also be ordered to comply with adequate restrictions and obligations in the trial period to lead a proper life.
(4) A suspected and injured person may file a complaint with suspensive effect against a decision to suspend the application.
(1) If, during the probationary period, the suspect has led a proper life and has complied with other restrictions imposed, the prosecutor who has suspended the application for punishment at first instance shall decide that he has proved himself. Otherwise, even during the probationary period, it shall proceed in accordance with Paragraph 179f (2) (b).
(2) If, within six months of the expiry of the probationary period, a decision has not been taken pursuant to paragraph 1 without the suspect being guilty, he shall be deemed to have proved himself.
(3) The decision that the suspect has proved himself or the expiry of the period referred to in paragraph 2 shall give rise to the effects referred to in Paragraph 11a (1) (b).
(4) The decision referred to in paragraph 1 may be subject to a complaint by the suspect and the injured party which has suspensory effect. '.
24. § 321, including the title:
Order of enforcement
(1) As soon as the decision to execute an unconditional custodial sentence has become enforceable, the President of the Chamber shall send the sentence order to the prison responsible and invite the sentenced, if he is at liberty, to take the sentence within the prescribed period. If the sentence imposing a custodial sentence is imposed by an enforceable decision of the Court of Appeal, the President of the Board of Appeal shall order the execution of that sentence with the defendant in custody immediately after the decision has been delivered; The President of the Board of Appeal may also do so with a defendant who is not in custody if it is established from specific facts that his or her stay at liberty is dangerous, or if his or her actions or other specific facts show reasonable concern that the sentenced will flee or hide.
(2) If it has not been established from the specific facts that the stay of the sentenced person is dangerous, or if there is no reasonable concern that he will flee or hide, and there is no reason for an immediate regulation of the execution of the sentence, the President of the Chamber may grant the sentenced person a reasonable period of time to file for his affairs. That period may not exceed one month from the date on which the decision referred to in paragraph 1 became final.
(3) The President of the Chamber shall order that he be delivered until the execution of the sentence be carried out. If the place of residence of the sentenced person is not known, the provisions of Paragraph 69 (3) shall apply mutatis mutandis to the order for his delivery until the execution of the sentence. Where the place of residence of the sentenced person is known, the provisions of Section 83c (2) may be used to supply him until the sentence is served. In the order of the Board, the President shall always request the police authority to provide information without delay as to whether the sentenced person has been delivered in the course of the execution of the sentence or, where appropriate, what circumstances prevent the delivery before the execution of the sentence.
(4) The order referred to in paragraph 3 shall be issued even if the sentenced fails to fulfil his obligation referred to in the last sentence of Paragraph 322 (1) or under the conditions set out in the second sentence of Paragraph 322 (3).
(5) If the injured party has made a request pursuant to Paragraph 44a, the President of the Chamber, together with the order for the execution of the sentence, shall send information to the competent prison on the victims to be informed of the release or escape of the sentenced person. In the event that the injured party has lodged the application at the time when the sentenced person is in prison, the court shall send the relevant information to the prison where the sentenced person is in prison. The prison shall notify the injured party in writing without delay but no later than the day following the fact referred to in Paragraph 44a (1) (b). '
25. § 322 reads:
(1) The President of the Chamber shall postpone the execution of the prison sentence for the necessary period if the medical report on the hospitalisation of a sentenced person in a hospital or other facts indicate that the execution of the sentence would jeopardise his life or health.
(2) If the sentenced person asks for the suspension of the sentence for the reasons set out in paragraph 1, but the President of the Chamber considers that such grounds are not manifestly given, he shall invite the sentenced person to submit a report on his state of health to the prison concerned at the latest on the entry into prison of the sentence. If the prison finds that the state of health of the convicted person does not allow it to submit to the execution of the sentence of imprisonment, it shall, depending on its nature, propose to the court the suspension or interruption of the sentence.
(3) The term of office of the President of the Chamber shall be postponed for a period of one year after the birth, in respect of a pregnant woman and the mother of a newborn child.
(4) A complaint having suspensory effect shall be admissible against the decisions referred to in paragraphs 1 and 3. ';
26. The following Section 364a is inserted after Section 364:
The President of the Chamber of the District Court referred to in Paragraph 364 (1) shall also rule on the destruction of the conviction by the foreign court, which shall be recorded in the Register of Penalties; such a decision may have effects abroad only if the international treaty so provides. ';
Transitional provision
The period of six months referred to in Paragraph 81 (2) of the Criminal Code, as amended by this Law, shall begin to run from the first day of the calendar month following the date of entry into force of this Law.
Amendment to Act No. 265 / 2001 Coll.
In Article II (3) of Act No. 265 / 2001 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 140 / 1961 Coll., Criminal Act, as amended, and some other laws, the second sentence is deleted.
EFFECTIVE
This Law shall take effect on 1 July 2004.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 283 / 2004 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and 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 | 07.05.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law
The regulation text is for informational purposes only.
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