Act No. 306 / 2009 Coll.
Act amending Act No. 40 / 2009 Coll., Criminal Code, and some other laws
Valid
Law
Effective from 01.01.2010
306
THE LAW
of 7 August 2009
amending Act No. 40 / 2009 Coll., Criminal Code, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, is amended as follows:
1. In Paragraph 25, the word "fourteenth 'is replaced by the word" fifteenth'.
2. in § 42 (i), § 140 (3) (c), § 141 (2) (c), § 144 (3), § 145 (2) (c), § 146 (2) (b), § 149 (3) (b), § 164 (4) (a), § 166 (4) (c), § 185 (3) (a), § 186 (5) (a), § 187 (2), § 202 (2) (a), § 283 (2) (d), § 283 (3) (d), § 287 (3), § 288 (2) (b) and § 288 (3) (c), the word "15" shall be replaced by "15."
3. In Paragraph 42 (l), the word "larger 'is replaced by" higher'.
4. In Article 55 (1), the words "imposing a custodial sentence on an offender committed for the benefit of an organised criminal group (§ 108)" shall be inserted after the words "imprisonment (§ 59)."
5. In Paragraph 59, at the end of paragraph 2, the sentence "When imposing an exceptional custodial sentence of more than twenty to thirty years may not exceed thirty years."
6. In Paragraph 60 (1), at the end of the text in point (b), the words "and shall provide all necessary synergies in the performance of the control 'shall be added.
7. In Paragraph 94 (3), the words "a ban on activity, a penalty for money, a penalty for residence 'are replaced by the words" a penalty for money, a ban on activity, a ban on residence, a ban on admission to sporting, cultural and other social events'.
8. Paragraph 108 (2) reads as follows:
"(2) The upper limit of the criminal sentence may exceed 20 years following the increase referred to in paragraph 1. When imposing an exceptional prison sentence of up to 20 to 30 years, the upper limit shall not exceed 30 years. '
9. in § 140 (3) (f), § 145 (2) (e), § 146 (2) (d) and § 353 (2) (e), the words "seeking the protection of life or health" shall be inserted after the words "protecting life, health or property."
10.Paragraph 141 (1) reads as follows:
"(1) Those who deliberately kill others in a severe rage for fear, relief, confusion or any other excruciating movement of the mind, or as a result of a previous depraved act, will be punished for three to ten years in prison."
11. in Articles 145 (3), 159 (4), 164 (4), 170 (3), 172 (4), 186 (6), 281 (3), 325 (4), 344 (3), 382 (4) and 383 (4), the word "fifteen" shall be replaced by "sixteen."
12. After Paragraph 146, the following Section 146a is inserted:
Injury to health from an excusable motive
(1) Anyone who intentionally causes harm to his health in a strong rage for fear, relief, confusion or any other excruciating movement of the mind, or as a result of a previous depraved act of the victim, will be punished for up to one year in prison.
(2) By withdrawing liberty for up to three years, the perpetrator will be punished if the act referred to in paragraph 1 causes serious harm to his health.
(3) Anyone who intentionally causes serious harm to his health in a severe upset because of fear, relief, confusion or any other excruciating movement of the mind, or because of the previous depraved behaviour of the victim, will be punished for up to four years in prison.
(4) By withdrawing liberty for one year to six years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 3 is committed on two or more persons,
(b) if such an act is committed against a pregnant woman, or
(c) commit such an act on a child under the age of 15.
(5) By withdrawing liberty for two years to eight years, the perpetrator shall be punished if the act referred to in paragraph 1 or 3 causes death. ';
13. in Articles 149 (4), 283 (4) and 323 (4), the word "fifteen" is replaced by "eighteen."
14. in Articles 168 (5), 173 (4), 174 (4), 185 (4) and 187 (4), the word "sixteen" is replaced by "eighteen."
15. in Paragraph 186 (1):
"(1) Who, by violence, threat of violence or threat of other severe harm, will force sexual self-exposure, exposure or other comparable behaviour, or
who can make such behavior be used by others by their defenceless,
he shall be punished by deprivation of liberty for six months to four years or by prohibition of action. ';
16. In Paragraph 186 (2), the words' his defenceless' are deleted.
Amendment to the Act on the amendment of certain laws in connection with the adoption of the Criminal Code
Act No. 41 / 2009 Coll., on the amendment of certain laws in connection with the adoption of the Criminal Code, is amended as follows:
1. In Part One, points 15, 29 and 30 are deleted.
2. In Part One, point 21, "14 'is replaced by" 15'.
3. In Part Two, points 2, 7, 8, 70 to 75, 77 and 79 are deleted.
4. In Part Two, point 4, "fourteen 'is replaced by" fifteen' and "fourteenth 'is replaced by" fifteenth'.
5. in Part Two, points 5, 6 and 10, the words "and the word" 15 'are replaced by the words "14';
6. In points 76 and 78 of Part Two, "14 'is replaced by" 15'.
7. In Part Four, point 1, the word "fourteenth 'is replaced by the word" fifteenth'.
8. In Part Five, points 1, 2, 7 and 8 are deleted.
9. in Part 11, point 1 is deleted;
10. Part 12 is deleted.
11. in Part 13, points 1 to 3, 5 to 19 and 21 are deleted;
12. in Part 14, points 1 and 2 are deleted;
13. in the 15th part, point 2 is deleted;
14. In Part Sixteenth, points 1, 2, 4 and 5 are deleted.
15. In the 17th part, points 1, 2, 4 and 6 to 12 are deleted.
16. In Part Twenty-sixth, in points 2 and 3, "14 'is replaced by" 15'.
17. In Part 27, points 4 to 7 are deleted.
18. Parts 36 to 45 are deleted.
Amendment of the law amending certain laws in connection with the adoption of the basic register law
Act No. 227 / 2009 Coll., amending certain laws in connection with the adoption of the Law on basic registers, is amended as follows:
1. in part 80, the words "14 years" in points 4, 11, 16, 20, 24, 38 and 59 are replaced by the words "15 years."
2. In Part 90, points 39, 41 and 51, the words "14 years' are replaced by the words" 15 years'.
3. In point 4 of Part One 60, the words "14 years' are replaced by the words" 15 years'.
Amendment to the Code of Criminal Procedure
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2004, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006.
1. In Article 152 (1) (c), the words "and with the execution of a house arrest 'shall be inserted after the words" freedom'.
2. In Article 152 (2), the words "and with the execution of the sentence of house arrest 'shall be inserted after the word" ties'.
3. In Paragraph 155, the following paragraph 2 is inserted after paragraph 1:
"(2) The President of the Chamber of the Court of First Instance shall, after the execution of the sentence or part of the sentence, decide on the obligation of the sentenced person to pay the costs of the sentence. '.
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
4. In Article 155 (5), "paragraphs 1 to 3 'is replaced by" paragraphs 1 to 4'.
5. The following Section 334h is inserted after Section 334g:
The Ministry of Justice may, by decree, lay down details of the control of the execution of the house arrest. '
6. in Article 460z (1) (a), "Article 51 of the Criminal Code" shall be replaced by "Article 66 of the Criminal Code";
7. In Paragraph 460z (1) (b), "Paragraph 55 of the Criminal Code 'is replaced by" Paragraph 70 of the Criminal Code' and "Paragraph 56a of the Criminal Code 'is replaced by" Paragraph 71 of the Criminal Code'.
8. In Paragraph 460z (1) (c), "Paragraph 73 of the Criminal Code 'is replaced by" Paragraph 101 of the Criminal Code' and "Paragraph 73a of the Criminal Code 'is replaced by" Paragraph 102 of the Criminal Code'.
9. In Paragraph 460z (3), "Paragraph 93 of the Criminal Code 'is replaced by" Paragraph 312 of the Criminal Code' and "Paragraph 95 of the Criminal Code 'is replaced by" Paragraph 311 of the Criminal Code'.
Amendment to the Penal Register Act
Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 126 / 2003 Coll., Act No. 253 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 179 / 2007 Coll., Act No. 269 / 2007 Coll., Act No. 345 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. The title of Part Two is: "OPIS, WRITTEN AND OTHER INFORMATION FROM THE EVIDENCE OF THE PRESENT REGISTER."
2. The following Section 16b is inserted after Section 16a, including footnote 5b:
The criminal record shall provide the Ministry of Finance with information on the destruction of convictions for offences recorded in the central exclusion database under the directly applicable European Communities legislation on the central exclusion database (5b).
(5b) Commission Regulation (EC, EURATOM) No 1302 / 2008 of 17 December 2008 on a central exclusion database. ';
Paragraphs 16b to 16e are renumbered as paragraphs 16c to 16f.
Amendment to Act No. 52 / 2009 Coll.
In Act No. 52 / 2009 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and some other laws, Part Four is deleted.
EFFECTIVE
This Law shall enter into force on 1 January 2010, except for Part Three, which shall take effect on 1 July 2010.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 306 / 2009 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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