Act No. 292 / 1993 Coll.
Act amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure, Act No. 21 / 1992 Coll., on Banks, and Act No. 335 / 1991 Coll., on Courts and Judges
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Effective from 01.01.1994
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292
THE LAW
of 10 November 1993
amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure, Act No. 21 / 1992 Coll., on Banks, and Act No. 335 / 1991 Coll., on Courts and Judges
Parliament has decided on this law of the Czech Republic:
Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (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. 43 / 1980 Coll., Act No. 159 / 1989 Coll., Act No. 178 / 1990 Coll., Act No. 303 / 1990 Coll., Act No. 558 / 1991 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., is amended and supplemented as follows:
Article 1 (2) (5) reads as follows:
"(5) The law enforcement authorities shall proceed in such a way as to establish the facts of a case of which there are no reasonable doubts, to the extent necessary for their decision. In the absence of a proposal from the parties, the circumstances in favour and against the defendant are explained equally carefully. The confession of the defendant shall not relieve the law enforcement authorities of the obligation to examine all circumstances of the case. ';
2. In Paragraph 2 (7), the words "to the widest extent 'are deleted.
3. In the first sentence of Paragraph 2 (10), the words "to a large extent 'shall be deleted.
4. The following sentence is added to Paragraph 2 (14): "The law enforcement authorities shall conduct proceedings and draw up their decisions in the Czech language."
5. The heading above Section 7 reads as follows: "Synergies between state bodies, natural and legal persons."
6. In Paragraph 8 (1), the first sentence is: "State authorities, legal entities and natural persons shall be required without undue delay and, unless otherwise provided for in a special provision, to comply with requests from law enforcement authorities in the performance of their duties. '
7. Article 8 (2) and (3) read as follows:
"(2) Information otherwise covered by bank secrecy and in proceedings concerning a tax reduction or other similar act, as well as data obtained in tax proceedings, may, with the consent of the Judge, request a prosecutor in preparatory proceedings. In proceedings before a court, the President of the Chamber may request such information.
(3) The provisions of paragraphs 1 and 2 are without prejudice to the obligation to maintain national and economic secrets or to the obligation of confidentiality imposed or recognised by the State. "
8. In Paragraph 10 (2), the words "the statement of the Minister of Justice must be sought; This statement shall be binding on all law enforcement authorities" shall be replaced by "the Supreme Court shall decide on the application of the person, prosecutor or court '.
9. In the first sentence of Article 11 (2), "(a) or (b) 'is replaced by" (a), (b) or (h)'.
10. In Article 12 (1), the word "search" is replaced by "police."
11. Article 12 (2) reads as follows:
"(2) The supervisory authorities are the authorities of the Czech Police. They have the same status in criminal proceedings involving members of the armed forces as well as in the military police and in criminal proceedings involving members of the Czech Prison Service."
12. in Article 12 (3), the words "military district court, higher military court" shall be deleted.
13. In Paragraph 12 (4) of the first sentence, the words "and where the provisions do not imply otherwise, the military circumference court 'and the sentence" and where the provisions do not imply otherwise, the higher court' are deleted.
14. In Paragraph 12 (5), the words' and, if there is no other provision, the military district attorney 'and the words' and if there is no other provision, the senior military prosecutor 'are deleted.
15. Article 12 (10) reads as follows:
"(10) Criminal proceedings shall mean proceedings under this law, criminal proceedings, proceedings from the initiation of criminal proceedings to the legal power of the judgment, or any other decision of the criminal authority on the substance of the case and the preparatory proceedings of the proceedings from the initiation of criminal proceedings, or the execution of urgent or unreproducible acts (Section 160 (1) (2)) until the prosecution, referral, suspension or termination of the prosecution before the prosecution. ';
16. Article 12 (11) reads as follows:
"(11) If the accused continues in the conduct for which he is prosecuted, even after the indictment has been notified, such action shall be considered as a new act. '
17. In Section 13, the words "military district courts, higher military courts' are deleted.
18. Sections 14 and 15 are deleted, including the title above Section 14.
19. Paragraph 20 repeals paragraph 3.
20. In Article 26, the current text becomes paragraph 1, the word "district 'is inserted before the word" court' and the following paragraph 2 is added:
"(2) The Court of First Instance, with which the Prosecutor has made a request pursuant to paragraph 1, shall be responsible for carrying out all the proceedings of the Court of First Instance throughout the preparatory procedure, provided that the case is not referred for the jurisdiction of another Prosecutor acting outside the jurisdiction of that Court."
21. Article 30 (1) reads as follows:
"(1) A judge or associate, prosecutor, investigator and police authority may be excluded from carrying out criminal proceedings where it is doubtful that he cannot make an impartial decision in relation to the ratio to the case or to the persons directly concerned by the action, to their lawyers, legal representatives and agents, or to the relationship with another law enforcement authority. The actions taken by excluded persons shall not constitute grounds for a decision in criminal proceedings. ';
22. In the first sentence of Paragraph 30 (2), the word "search 'is replaced by" police'.
23.
(1) The exclusion for the reasons set out in Paragraph 30 shall be decided by the authority to which those grounds relate, including on its own motion. The Board shall decide on the exclusion of a Judge or associate if they take a decision in the Chamber.
(2) A complaint shall be admissible against the decision referred to in paragraph 1.
(3) The complaint shall be decided by the authority directly superior to the authority which issued the contested decision. "
24. In Article 32, the words "against the defendant only if he was accused (§ 163) or was accused (§ 169) 'are replaced by the words" only if he was accused (§ 160)'.
25. In § 33 (1), the reference in brackets in the fifth sentence is: "(§ 165)."
26. the second sentence of Paragraph 35 (1) reads: "For each action of criminal proceedings, with the exception of proceedings before the Regional Court as a court of first instance, before the Supreme Court and the Supreme Court, the lawyer may be represented by a Judge."
27. in Paragraph 36a (1) (b), 'nineteenth' is replaced by 'eighteenth';
28. in Paragraph 36a (2) (c), 'nineteenth' is replaced by 'eighteenth';
29. In the last sentence of Paragraph 40, the words "The waiver shall be decided 'shall be replaced by the words" Obligations of the defence shall be waived'.
30. In Paragraph 41 (2), the words "and search" shall be deleted.
31. in the first sentence of Article 45 (2), the words "may provide for the exercise of those rights to the injured party" shall be replaced by "shall provide for the exercise of the rights to the injured party."
32. In the first sentence of Paragraph 53 (1), the word "search 'shall be replaced by" police' and in the second sentence the word "search 'shall be replaced by" police' and the words ", where appropriate, by requesting a military court or military prosecutor '.
33.Paragraph 3 is deleted in Paragraph 53.
34. in Paragraph 55 (1) (c), the following words are added at the end: "and, in the case of the defendant, the address to be indicated for service (§ 62, 63),"
35. In Paragraph 55, the following paragraph 2 is inserted after paragraph 1:
"(2) Where a witness or a person close to him is facing obvious harm to health or any other serious danger, the name and surname of the witness and his other personal data shall not be entered in the record, but shall be kept separately from the criminal file and may only be made known to law enforcement authorities. The witness will learn about the right to sign the interview report with the fictional name and surname under which it is then kept. If the reasons for the separate keeping of the witness' personal data are omitted, such data shall be added to the criminal record. ';
Paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5.
36. In the second sentence of Paragraph 59 (1), a comma and the word "telefax 'are inserted after the word" telegraphically'.
37. in Article 60 (4) (a), the word "search" is replaced by "police."
38. In Paragraph 62 (1), the following sentence is added at the end: "If the defendant is the addressee, he shall be served on the address he has indicated for that purpose [Paragraph 55 (1) (c)]."
39. in Paragraph 62 (2), the following words are added after the word "authority": "or the authority of the municipality."
40. In Paragraph 62 (4), the first sentence is: "If there is no such person, the consignment shall be stored and the consignee shall be informed in an appropriate manner where he may pick it up."
41. in Paragraph 63 (1) (c), the word "search" is replaced by "police."
Article 63 (2) and (3) read as follows:
"(2) If the consignee of the consignment to be delivered to his own hands has not been reached, the consignment shall be stored and the consignee shall be informed in an appropriate manner where he may pick it up. If the consignee does not pick up the consignment within three days of the deposit, the last day of that period shall be deemed to be the day of delivery, even if the consignee has not been aware of the deposit, although he is present at the place of delivery.
(3) The consignment delivered pursuant to paragraph 2 may not be stored if it is delivered:
(a) the defendant's indictment, judgment, criminal order or summons to the main trial or public session;
(b) another document, if the President of the Chamber, the Prosecutor or the investigator so requests for important reasons. "
43. In Article 64 (2), the word "search" is replaced by "police."
44. In the last sentence of Paragraph 65 (1), the word "search" is replaced by "police."
45. Paragraph 65 (2) reads as follows:
"(2) In the preparatory procedure, the prosecutor, investigator or police authority may refuse access to the files, together with the other rights referred to in paragraph 1, for serious reasons. The seriousness of the reasons for which the investigator or the police authority has refused these rights shall be subject to urgent review by the prosecutor at the request of the person to whom the denial relates. Those rights shall not be denied to the defendant and the lawyer once they have been alerted to the possibility of studying the files. ';
46. in the last sentence of Paragraph 65 (3), the words "the resolution on the filing of an accusation (Paragraph 163) or, in the record on the communication of an accusation (Paragraph 169)" shall be replaced by the words "the record on the communication of an accusation (Paragraph 160 (1))."
47. In Paragraph 66 (1), the word "search" is replaced by "police," the word "search" is replaced by the word "police," and the words "2000 Ccs" are replaced by "50 000 CZK."
48. In the first sentence of Paragraph 68: "Only the person who has been charged may be taken into custody (Paragraph 160)."
49. In Paragraph 69 (5), the following sentence is added at the end: "The defendant has the right to request that the lawyer be present at the hearing if he is available within that period."
50.
(1) The law enforcement authorities are required to deal with detention matters with the highest priority.
(2) Binding may take only the necessary time in preparatory proceedings and proceedings before a court. If the link in the preparatory procedure exceeds six months and the release of the defendant could be thwarted or made difficult to achieve the purpose of the criminal proceedings, the Judge may decide, on a proposal from the Prosecutor, on the further duration of the detention within one year and beyond that period, but not more than two years, the Board may decide.
(3) Binding in court proceedings, together with the connection in preparatory proceedings, must not last more than two years. Where it has not been possible for the difficulty of the case or for other serious reasons to end the prosecution within that period and the release of the defendant threatens to thwart or significantly impede the achievement of the purpose of the criminal proceedings, the Supreme Court may decide on the continued duration of the detention for the necessary period of time.
(4) The extension of the binding referred to in paragraphs 2 and 3 may be limited to not more than three years and not more than four years for particularly serious offences.
(5) An application for an extension of the time limit referred to in paragraph 3 shall be lodged by the President of the Chamber in proceedings before the Court and by the Chief Prosecutor in preparatory proceedings.
(6) An application for extension of the time limit referred to in paragraphs 2 and 3 shall be served on the court not later than 15 days before the end of the period in question. If the application is not submitted in that manner, the President of the Chamber and in the preparatory proceedings shall release the accused to freedom no later than the day following the expiry of the period for which the duration of the detention was limited.
(7) Under the conditions set out in paragraph 3, the Attorney General shall be required to file an application for extension of the detention as referred to in paragraph 6 even if, within a period of less than 15 days before the end of the detention period, he has brought an action.
(8) The time limits referred to in paragraphs 2 and 3 shall be calculated from the time when the defendant was arrested or detained or not prior to the arrest or detention, from the time when the decision on detention has been taken to limit the defendant's personal freedom. The time limit referred to in paragraph 2 shall, when the case is referred back to the prosecutor for further investigation, run from the date on which the file was delivered to the prosecutor.
(9) The duration of the binding, which has been decided pursuant to Article 275 (3) or Article 287, shall be assessed separately and independently of the connection in the main proceedings. '
footnote 1 is replaced by the following:
"(1) Paragraph 41 (2) of the Criminal Act."
51. In the first sentence of Paragraph 72 (1), the following words are added after the word "insist": "or whether they have not changed."
52. in Article 73 (1) (a), the words "the investigator or the search authority" shall be replaced by "the investigator."
(53) In Article 73a (1), the words "the defendant has lodged a money guarantee and the court or judge shall accept it (paragraph 2)" shall be replaced by the words "accept the cash guarantee which he has determined."
54. In Article 73a (2), the words "Kčs up to 1 000 000 Kčs" are replaced by the words "Kč above."
55. in Article 73a (3) (a), the words "investigator or search authority" shall be replaced by "investigator."
56. Paragraph 5 of Paragraph 73a is deleted.
57.
Complaints against the decision on detention
(1) A complaint is admissible against a decision on detention (§ 68, 69, 72, 73, 73a), except for a decision on its extension (§ 71 (2) (5)).
(2) The suspensive effect is only a complaint by the state attorney against the decision to release the defendant for custody (§ 72, 73, 73a) and a complaint by the parties against the decision to obtain the State's financial guarantee (§ 73a). However, if the prosecutor was present at the time of the publication of such a decision, his complaint shall have suspensory effect only if it was lodged immediately after the publication of the decision; If release from custody following the declaration of an exoneration, the complaint of the prosecutor shall have suspensory effect only if the prosecutor has also lodged an appeal against the judgment. ';
58. in Article 74a (3), the words "and 74" shall be deleted and the following sentence shall be added: "A complaint shall be admissible against the decision referred to in paragraph 1."
59. In Section 75, the words "or search authority 'and the first words" or search authority' are deleted from the heading.
60. In § 76 (1), the first sentence is: "A person suspected of committing a crime may, if any of the grounds of detention (§ 67), be detained by an investigator in urgent cases even if he has not yet been informed of the charge (§ 160 (1))."
61. Paragraph 76 (2), (3) and (4) read as follows:
"(2) The personal freedom of a person caught in a criminal offence or immediately thereafter may be limited by anyone if necessary to establish his or her identity, to prevent escape or to secure evidence. However, it shall immediately forward the person to the investigator or police authority; a member of the armed forces may also be transferred to the nearest armed forces unit or crew manager. If such a person cannot be transferred immediately, any of those authorities shall be notified of the restrictions on liberty without delay.
(3) The investigator who has carried out the detention shall hear the detainee and draw up a report indicating the place, time and close circumstances of the detention and giving the personal data of the detainee as well as the essential reasons for the detention.
(4) The investigator who has carried out the detention or who has been surrendered to a person caught in a criminal offence pursuant to paragraph 2 shall release him without delay if the suspicion is dispersed or the reasons for the detention for another cause are lost. If he does not release the detainee, he shall forward the record of his hearing to the State Prosecutor, with a record of the indictment (§ 160) and other evidence, so that the prosecutor may, where appropriate, file a motion for custody. The application must be lodged without delay by the investigator so that the person detained under this law can be brought before the court within 24 hours of such detention; otherwise they must be released. '
62. In Article 76 (5), the words "no charges have yet been brought against it (Article 163), nor has it been brought against it (Article 169)," shall be replaced by the words "no charges have yet been brought against it (Article 160)."
63.In Paragraph 76 (6), "4" is replaced by "3."
64. In Paragraph 77 (1), the last sentence is: "The evidence obtained thus far shall be attached to the application."
65. In the first sentence of Paragraph 77 (2), the words "release her 'shall be replaced by the words" decide to release her' and the following sentence shall be added at the end of the paragraph: "Exceeding 24 hours from the receipt of a motion by the Prosecutor to take custody is always the reason for the decision to release the defendant. '
66. In the first sentence of Paragraph 78 (1), the word "search engine 'is replaced by the word" police'.
67. In Paragraph 78 (3), the word "search" is replaced by "police."
68. In the first sentence of Paragraph 79 (1), the word "search 'is replaced by" police'; in the second sentence, the word "search 'is replaced by" police'.
69. In Paragraph 79 (3), the word "search" is replaced by "police."
70. In the last sentence of Paragraph 80 (1), the word "court 'shall be deleted and, at the end of the paragraph, the following sentences shall be added:" If the person entitled to the case does not take it over a repeated request, the case shall be sold and the amount withdrawn shall be deposited in the custody of the court. The provisions on the sale of confiscated movable property shall be applied mutatis mutandis.';
71. In the first sentence of Paragraph 80 (3), the word "search 'is replaced by" police'.
72. In the first sentence of Paragraph 81 (4), the word "search" is replaced by "police."
73.
Home and personal search, inspection of other premises and land, entrance to dwellings, other premises and land. "
74. Paragraph 82 (1) and (2), including the title, read:
Reasons for house inspections and personal checks and inspections of other premises and land
(1) A home inspection may be carried out where there is reasonable grounds for suspecting that there is a case or person relevant to criminal proceedings in an apartment or other housing space or in the premises of the latter.
(2) For the reasons set out in paragraph 1, inspections of non-residential premises (other premises) and parcels may also be carried out where they are not publicly available. "
75. In Paragraph 83 (2), the words "or the search authority" shall be deleted.
76. Paragraph 83a, including the title, reads:
Search warrant for other premises and parcels
(1) The President of the Chamber shall be authorised to order the inspection of other premises or premises, in preparatory proceedings by a prosecutor, investigator or police authority. The investigator or police authority needs the prior consent of the prosecutor. The order must be issued in writing and must be justified. It shall be delivered to the user of the premises or land concerned and, if not caught during the inspection, immediately after the loss of the obstacle to service.
(2) A search of other premises or land shall be carried out by the authority which ordered it or by the police authority at its direction.
(3) Without the order or consent referred to in paragraph 1, the investigator or police authority may carry out an inspection of other premises and parcels only if the order or consent cannot be obtained in advance and the case cannot be delayed. However, they shall immediately inform the authority competent to issue the order or consent referred to in paragraph 1. ';
Article 83b (1) reads as follows:
"(1) The President of the Chamber shall be authorised to order a personal search and in preparatory proceedings by a prosecutor or, with his consent, by an investigator or a police authority. ';
78. In the first sentence of Paragraph 83b (4), the words "search authority or 'shall be deleted.
79. § 83c, including the title reads:
Entry into dwellings, other premises and land
(1) An investigator or police authority may enter a residence, other premises or land only if the matter cannot be delayed and entry there is necessary to protect the life or health of persons or to protect other rights and freedoms or to avert a serious threat to public security and order.
(2) Similarly, it may enter the places referred to in paragraph 1 where an arrest warrant or a demonstration order or a delivery order has been issued until the execution of the prison sentence of a person who is present there.
(3) After entering the above mentioned places, no acts other than those intended to eliminate an emergency or to demonstrate a person shall be carried out. '
80.
Previous interrogation
A house search or a personal inspection or inspection of other premises and land may be carried out only after prior questioning of the person or on whom such an operation is to be carried out, and only if the interview has not been carried out in the course of a voluntary publication of the object sought or the removal of any other reason which led to such action. No prior hearing shall be required if the case cannot be delayed and the hearing cannot be carried out immediately. '
81. The heading of Section 85 reads: "Performance of tours and entrances to dwellings, other premises and land."
Paragraph 82 (5) reads as follows:
"(5) When entering dwellings, other premises and land, the provisions of paragraphs 1 to 4 shall be applied mutatis mutandis. However, the participation of the persons referred to in paragraph 1 at the time of entry into the residence may be refused and the person referred to in paragraph 2 may not be recruited if his or her life or health could be compromised. ';
83.In Article 85a (1), the following shall be inserted after the word "space": "and land."
84. After Paragraph 85a, the following Section 85b is inserted:
Implementation of evidence in apartment, housing, other premises and on land
Paragraph 83, 83a, 84, 85 and 85a shall be applied even if, at the places referred to in those provisions, a reconstruction, a recovery or an investigation is required, it follows from the nature of such an act that it cannot be carried out elsewhere and that the person to whom such an action is to be carried out has not given his consent. '
85. Paragraph 86, including the title, reads:
Detention of consignments
(1) Where, in order to clarify the facts relevant to criminal proceedings, it is necessary to establish the contents of undelivered telegrams, letters or other consignments which originate from or are addressed to the defendant, the President of the Chamber and, in the preparatory procedure, on a proposal from the Deputy Prosecutor, the Judge shall order that the post office or the undertaking carrying out their transport issue them to him and in the preparatory procedure either to the prosecutor or to the investigator or to the police authority.
(2) Without the regulation referred to in paragraph 1, the transport of the consignment may be delayed at the order of the public prosecutor, investigator or police authority, provided that the matter cannot be delayed and the Regulation cannot be reached in advance. In the absence of the consent of the judge referred to in paragraph 1 within three days of the post office or the undertaking carrying out the transport of consignments. ';
Paragraph 86 (87) (1) reads as follows:
"(1) A consignment issued pursuant to Paragraph 86 (1) may be opened only by the President of the Chamber and in preparatory proceedings with the agreement of the Judge of the Prosecutor, the investigator or the police authority. ';
Article 87 (88), including the title above, reads:
"Monitoring and recording of telecommunications traffic
(1) Where criminal proceedings are conducted for a particularly serious intentional offence or for any other intentional offence which the declared international treaty obliges to prosecute, the President of the Chamber and, in the preparatory proceedings, on a proposal from the Prosecutor, the judge may order the wiretap and recording of telecommunications traffic, provided that it can reasonably be assumed that they will be informed of significant facts relating to criminal proceedings. The use of wiretap and recording of telecommunications between the lawyer and the defendant is inadmissible.
(2) The wiretap and recording order must be issued in writing and justified. At the same time, it shall specify the period for which the wiretap and alert shall be made and which shall not exceed six months. This period may be extended by the Judge for a further period of six months. An organisation carrying out the operation of a telecommunications network shall be informed of the issuing of an order for the duration of the duration of the wiretap and recording operation, in whose district the wiretap and recording will be carried out. The surveillance and recording of telecommunications traffic shall be carried out by a police authority.
(3) Without an order referred to in paragraph 1, the law enforcement authority may order the wiretap and recording of telecommunications traffic or carry it out itself, even if criminal proceedings are conducted for an offence other than that referred to in paragraph 1, provided that the participant in the listening station agrees.
(4) If the recording of telecommunications traffic is to be used as evidence, it shall be accompanied by a record indicating the location, time, manner and content of the record made, as well as the person who issued the alert. The other records must be marked, stored reliably and indicated where they are stored in the file. In a criminal case other than the one in which the wiretap and the recording of telecommunications traffic have been carried out, the alert may be used as evidence if, at the same time, a criminal prosecution for the offence referred to in paragraph 1 is being carried out or if the participant in the listening station agrees.
(5) Where facts relevant to criminal proceedings have not been identified during the wiretap and alert, the records shall be destroyed as prescribed. ';
Article 88 (1) reads as follows:
"(1) In criminal proceedings, to the extent necessary, it is necessary to prove in particular:
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Regulation Information
| Citation | Act No. 292 / 1993 Coll., amending and supplementing Act No. 141 / 1961 Coll., on Criminal Procedure, Act No. 21 / 1992 Coll., on Banks, and Act No. 335 / 1991 Coll., on Courts and Judges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1993 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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