Full text of Act No. 32 / 1970 Coll.

Law on criminal proceedings judicial (criminal order)

Valid
Contents
ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 HLAVA DRUHÁ Oddíl první § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 - zrušen Oddíl druhý § 27 § 28 § 29 Oddíl třetí § 30 § 31 Oddíl čtvrtý § 32 § 33 § 34 Oddíl pátý § 35 § 36 § 37 § 38 § 39 § 40 § 41 Oddíl šestý § 42 Oddíl sedmý § 43 § 44 § 45 § 46 § 47 § 48 § 49 Oddíl osmý § 50 § 51 HLAVA TŘETÍ § 52 Oddíl první § 53 § 54 Oddíl druhý § 55 § 56 § 57 § 58 Oddíl třetí § 59 Oddíl čtvrtý § 60 § 61 Oddíl pátý § 62 § 63 § 64 Oddíl šestý § 65 Oddíl sedmý § 66 HLAVA ČTVRTÁ Oddíl první § 67 § 68 § 69 § 70 § 71 § 72 § 73 § 74 Oddíl druhý § 75 § 76 § 77 Oddíl třetí § 78 § 79 § 80 § 81 Oddíl čtvrtý § 82 § 83 § 84 § 85 Oddíl pátý § 86 § 87 Oddíl šestý § 88 - zrušen HLAVA PÁTÁ § 89 Oddíl první § 90 § 91 § 92 § 93 § 94 § 95 § 96 - zrušen Oddíl druhý § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 Oddíl třetí § 105 § 106 § 107 § 108 § 109 § 110 § 111 Oddíl čtvrtý § 112 Oddíl pátý § 113 § 114 § 115 § 116 § 117 § 118 HLAVA ŠESTÁ § 119 Oddíl první § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 Oddíl druhý § 134 § 135 § 136 § 137 § 138 Oddíl třetí § 139 § 140 HLAVA SEDMÁ § 141 § 142 § 143 § 144 § 145 § 146 § 146a § 147 § 148 § 149 § 150 HLAVA OSMÁ § 151 § 152 § 153 § 154 § 155 § 156 ČÁST DRUHÁ § 157 HLAVA DEVÁTÁ § 158 § 159 HLAVA DESÁTÁ Oddíl první § 160 Oddíl druhý § 161 § 162 § 163 § 164 § 165 § 166 § 167 Oddíl třetí § 168 § 169 § 170 Oddíl čtvrtý § 171 § 172 § 173 Oddíl pátý § 174 § 175 Oddíl šestý § 176 § 177 § 178 Oddíl sedmý § 179 Oddíl osmý § 179a § 179b § 179c § 179d § 179e § 179f ČÁST TŘETÍ HLAVA JEDENÁCTÁ § 180 § 181 § 182 § 183 § 184 HLAVA DVANÁCTÁ § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 HLAVA TŘINÁCTÁ Oddíl první § 196 § 197 § 198 Oddíl druhý § 199 § 200 § 201 Oddíl třetí § 202 § 203 § 204 § 205 § 206 Oddíl čtvrtý § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 Oddíl pátý § 216 § 217 § 218 Oddíl šestý § 219 Oddíl sedmý § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 Oddíl osmý § 231 HLAVA ČTRNÁCTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239 HLAVA PATNÁCTÁ § 240 § 241 § 242 § 243 § 244 HLAVA ŠESTNÁCTÁ § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 HLAVA SEDMNÁCTÁ § 266 § 266a § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 HLAVA OSMNÁCTÁ § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 HLAVA DEVATENÁCTÁ § 290 Oddíl první § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 Oddíl druhý § 302 § 303 - zrušen § 304 § 305 § 306 Oddíl třetí § 307 § 308 § 309 § 310 § 311 § 312 § 313 § 314 Oddíl čtvrtý § 314a § 314b § 314c § 314d HLAVA DVACÁTÁ § 315 Oddíl první § 316 § 317 § 318 § 319 Oddíl druhý § 320 § 321 § 322 § 323 § 324 § 325 § 326 - zrušen § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 - zrušen Oddíl třetí § 336 § 337 § 338 § 339 § 340 Oddíl čtvrtý § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 350a Oddíl pátý § 351 § 352 § 353 § 354 § 355 § 356 § 356a § 357 § 358 Oddíl šestý § 359 § 360 § 361 § 362 - zrušen HLAVA DVACÁTÁ PRVNÍ § 363 § 364 § 365 ČÁST ČTVRTÁ HLAVA DVACÁTÁ DRUHÁ § 366 § 367 § 368 § 369 § 370 § 370a HLAVA DVACÁTÁ TŘETÍ § 371 až 374 - zrušeny HLAVA DVACÁTÁ ČTVRTÁ § 375 Oddíl první § 376 § 377 § 378 Oddíl druhý § 379 § 380 § 381 § 382 § 383 Oddíl třetí § 384 ČÁST PÁTÁ § 385 § 386 § 387 § 388 § 389 § 390 § 391 § 392
32
_
Announces
the full text of the Act of 29 November 1961 No. 141 Coll., on criminal proceedings of the Court (Criminal Code), as follows from the amendments and additions made by the Law of 17 June 1965 No. 57 Coll., by the Law of 5 June 1969 No. 58 Coll. and by the Law of 18 December 1969 No. 149 Coll., and by the Act of 20 December 1968 No. 173 Coll., of 18 December 1969 No. 148 Coll., of 17 December 1969 No. 156 Coll. and the Constitutional Act of 17 December 1969 No. 155 Coll.
THE LAW
on criminal proceedings (criminal order)
The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

COMMON PROVISIONS

HLAVA PRVNÍ

GENERAL PROVISIONS
§ 1
Purpose of the law
(1) The purpose of the Code of Criminal Procedure is to adjust the procedure of law enforcement authorities to ensure that the offences are properly detected and that their perpetrators are punished fairly by law. In doing so, management must act to consolidate socialist lawfulness, to prevent and prevent crime, to educate citizens in a spirit of consistent observance of the laws and rules of socialist coexistence, and to honour the obligations of the state and society.
(2) Helping to achieve the purpose of criminal proceedings is a right and a duty of citizens and social organisations under the provisions of this law.
§ 2
Basic principles of criminal proceedings
(1) No one may be prosecuted as accused unless for legal reasons and in the manner laid down by this law.
(2) Until a final judgment condemning the court is ruled guilty, one against whom criminal proceedings are brought cannot be seen as guilty.
(3) The prosecutor is obliged to prosecute all the crimes he has learned of; exceptions are permitted only by law.
(4) Unless otherwise provided for in this law, the law enforcement authorities shall act on an official basis; must deal with criminal matters as quickly as possible and with a full investigation into civil rights guaranteed by the Constitution.
(5) The law enforcement authorities shall proceed in such a way as to establish the facts of the case and shall base their decisions on it. The same care shall be taken to clarify the circumstances against the defendant and the circumstances which prove in his favour and to carry out evidence in both directions, pending the proposal of the parties. The confession of the defendant shall not release the law enforcement authorities from the obligation to review and verify by all means available all the circumstances of the case.
(6) The law enforcement authorities shall assess the evidence on the basis of their internal beliefs based on careful consideration of all the circumstances of the case individually and in summary.
(7) All law enforcement authorities shall cooperate to the widest extent with and benefit from social organisations.
(8) Criminal prosecution before the courts is only possible on the basis of an indictment brought by the prosecutor.
(9) In criminal proceedings, the Board or a single Judge shall act before a court; The President of the Chamber and the Judge-in-Office shall act alone only where the law expressly so provides.
(10) Criminal cases shall be dealt with in public before the courts, so that workers can participate and monitor the hearing to a large extent. In the main proceedings and public meetings, the public may be excluded only in the cases expressly provided for in this law.
(11) The hearing before the courts shall be oral; evidence of the testimony of witnesses, experts and accused persons shall, as a general rule, be carried out by the court itself questioning the said person.
(12) When deciding in the main proceedings and in a public and private session, the court may take account only of the evidence which was made at the hearing.
(13) The person against whom the criminal proceedings are conducted must be informed, during each period of the proceedings, of the rights enabling him to exercise his full defence and of the fact that he may also choose a lawyer; all law enforcement authorities are obliged to allow it to exercise its rights.
(14) Everyone is entitled to use his mother tongue before the authorities involved in criminal proceedings.
Cooperation with social organisations
§ 3
(1) The law enforcement authorities cooperate with social organisations in order to strengthen and prevent and prevent the educational activities of criminal proceedings.
(2) Social organisations may draw the attention of law enforcement authorities to cases of breaches of socialist law and thus initiate prosecution. They may propose that the court, in order to deepen the educational effect of criminal proceedings, discuss the case at the defendant's place of work or at his place of residence. The Court shall cooperate with social organisations in ensuring the participation of workers in court proceedings; such organisations shall cooperate under the provisions of this Act in the execution of the penalty for corrective action and in the education of persons on condition that they are convicted and released; help also create conditions for the condemned to live after the execution of the sentence of the proper life of the working person.
§ 4
(1) The basic organisations of the Revolutionary Trade Union Movement and youth organisations may, after consultation in a collective of workers, offer to take over the guarantee for the correction of the accused, if they have reason to believe that the accused are supposed to be corrected by the action of the collective. The same authorisation shall be granted to the single agricultural cooperative and to the production cooperative of which the worker is accused. The court to which such an application has been sent shall, as a general rule, examine the matter in the main proceedings before the working collective and, if it decides to accept the guarantee, shall take account of it when deciding on the penalty. In particular, if the criminal law so permits, it may allow a conditional suspension of the execution of the sentence, impose a penalty for corrective action or any other kind of penalty which is not linked to deprivation of liberty, or refrain from punishment.
(2) The organisation which has taken over the guarantee shall ensure the rearing and correction of the accused who has been entrusted with the guarantee and shall ensure that he makes good the damage caused by the offence.
§ 5
The organisations referred to in Article 4 (1) shall have the right to send a case before the district court as their representative to the social prosecutor or social lawyer, who shall then, on the basis of the court order, participate in the proceedings in accordance with the provisions of this law and the court shall interpret the opinion of the workers on the criminal case in question, the person of the offender and the possibilities of rectification (§ 183).
§ 6
(1) The organisations referred to in Article 4 (1) may offer to take over the guarantee for the completion of the remedy of the sentenced person and to request on this basis his conditional release from the prison sentence or the suspension of the remainder of the sentence of the prohibition of activity. In order to obtain evidence for such a request, they may inform themselves of the status of the rearing of the sentenced.
(2) The said organisations may also propose that the detention of the defendant be replaced by their guarantee (§ 73 (1)) and submit for the sentenced a request for pardon and for the destruction of the conviction.
Synergies between state and other authorities
§ 7
Criminal authorities shall assist each other in the performance of the tasks arising under this law.
§ 8
(1) State authorities, social organisations, when involved in the performance of the tasks of state authorities, as well as state and other socialist economic organisations, are required to assist law enforcement authorities in the performance of their tasks, in particular with the utmost urgency to comply with their requests and crimes, without delay notify the Prosecutor or national security authorities.
(2) The provisions of paragraph 1 shall be without prejudice to the obligation to maintain national and economic secrecy or to the obligation of confidentiality imposed by the State.
§ 9
Assessment of questions referred for a preliminary ruling
(1) The law enforcement authorities shall examine the questions referred for a preliminary ruling separately; However, where such a question is the final decision of a court or other state body or the decision of a social organisation which it has given in the performance of the tasks of a public authority, the law enforcement authorities shall be bound by that decision unless it is an assessment of the defendant's guilt.
(2) The law enforcement authorities are not authorised to deal separately with the questions referred for a preliminary ruling on the personal situation decided in civil proceedings. If a decision on such a question has not yet been taken, they shall await its issue; If the relevant procedure is not yet under way, the prosecutor shall propose that it be initiated.
§ 10
Exemptions from the jurisdiction of law enforcement authorities
(1) Persons enjoying diplomatic immunity and privileges shall be excluded from the jurisdiction of law enforcement authorities under this law.
(2) If there is doubt as to whether or to what extent someone is excluded from the jurisdiction of law enforcement authorities under this law, the statement of the Minister of Justice must be sought; that statement is binding on all law enforcement authorities.
§ 11
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 grant grace 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,
(f) against which the previous prosecution for the same act has ended in a final judgment of the Court of First Instance or has been terminated definitively if the decision has not been annulled in the prescribed procedure;
(g) against which the previous prosecution for the same act has ended with a final decision of the local folk court if the decision has not been annulled in the prescribed procedure; or
(h) against which earlier prosecution for the same act has ended with a final decision by another authority to prosecute the offences of the creditor, unless the decision has been revoked in the prescribed procedure.
(2) However, in criminal proceedings which have been brought to an end on the grounds referred to in paragraph 1 (a) or (b), they shall continue if the defendant declares within three days of the date of notification of the order to stop the prosecution that he insists on hearing the case. That's what the defendant needs to be taught.
§ 12
Interpretation of certain terms
(1) The law enforcement authorities are the courts, prosecutors, investigators and search engines, as well as the clarification authorities.
(2) Where this law refers to a court, it means a district court, a regional court, a military district court, a higher court of war and supreme courts.
(3) Where this law refers to a district court, it means a district court or another court of equal application, and if the individual provisions do not imply something else, a military district court; where that law refers to a regional court, it means a municipal court in Prague, and if the individual provisions do not imply something else, even a higher court of war.
(4) Where this law refers to the district attorney, the district prosecutor or another prosecutor with the same scope, and if the individual provisions do not imply anything else, the military district prosecutor; where the law refers to the district prosecutor, the city prosecutor in Prague, and if the individual provisions do not imply something else, even a senior military prosecutor.
(5) The party shall be the person against whom criminal proceedings are conducted, the person concerned and the injured person and, in court, the prosecutor and the social prosecutor and, where appropriate, the social lawyer; the same status as the Party shall be established by another person whose application or request is led by proceedings or who has brought an appeal.
(6) Unless the nature of the case implies otherwise, the defendant and the defendant shall also be understood to be the defendant.
(7) Upon receipt of the prosecution, the defendant shall be referred to as the defendant.
(8) The judge is the one against whom a judgmental sentence has been given, which has already acquired legal authority.
(9) Criminal proceedings shall mean proceedings under this law, criminal prosecutions and proceedings from the beginning of a criminal prosecution to the legal authority of a judgment or order to stop a criminal prosecution and the preparatory proceedings of a division from the beginning of a criminal prosecution to the filing of an indictment, referral of a case, suspension or cessation of a criminal prosecution.
(10) Where this law refers to a criminal offence, it also means an offence, unless something else arises from the nature of the matter.
(11) Where this law refers to an indictment, it also means a motion for punishment, unless something else arises from the nature of the matter.
(12) If this law refers to the Supreme Court, this means the Supreme Court of the Czechoslovak Socialist Republic, the Supreme Court of the Czech Socialist Republic or the Supreme Court of the Slovak Socialist Republic, depending on the nature of the case.
(13) If this law refers to the Attorney General, this means, according to the nature of the case, the Prosecutor General of the Czechoslovak Socialist Republic, the Prosecutor General of the Czech Socialist Republic or the Prosecutor General of the Slovak Socialist Republic.
(14) Where this law refers to the Ministry of Justice, it means in the field of military justice the Ministry of National Defence; where it refers to the Minister of Justice, it means in the field of military justice the Minister of National Defence.

HLAVA DRUHÁ

COURT OF JUSTICE AND PERSONS CONCERNED

Oddíl první

Jurisdiction and jurisdiction of courts
§ 13
Enforcement of criminal justice
Judgments in criminal matters are carried out by district courts, regional courts, the Supreme Court of the Czech Socialist Republic, the Supreme Court of the Slovak Socialist Republic, military courts and the Supreme Court of the Czechoslovak Socialist Republic.
Jurisdiction of military courts
§ 14
(1) Powers of military courts
(a) soldiers in active duty;
(b) members of military organisations and other bodies which are subject to a special law, if they are in active employment;
(c) persons who have become members of the armed forces by calling on a special service;
(d) persons called upon to act in person for the needs of the armed forces;
(e) prisoners of war.
(2) The soldiers and members of the corps referred to in paragraph 1 (b) shall also be subject, outside the active service, to the powers of the military courts in respect of crimes committed in the uniform service.
(3) The powers of the military courts are also subject to civil persons for the offences of war treason (§ 114 Tr.), foreign military services (§ 115 Tr.) and the disengagement of the armed forces (§ 269 to 271 Tr.).
§ 15
(1) The powers of the military courts under Article 14 (1) apply only to offences committed in respect of the duration of the relationship which constitutes that competence.
(2) Where an offence which is subject to the jurisdiction of military courts has been brought to light by a person subject to the jurisdiction of military courts for the reasons set out in Article 14 (1) only after the termination of the relationship establishing the jurisdiction of military courts, the military court may refer the case to the competent district or county court, or the prosecutor may file an action directly with the competent district or county court, unless the offence is military or any of the offences referred to in Article 14 (3); Then the matter cannot be passed on to the court of war.
Jurisdiction
§ 16
The proceedings at first instance shall be conducted, unless otherwise provided for in this law, by the district court.
§ 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 the death penalty may be imposed on them. On the crime of terror, corruption, sabotage, subversion of the Republic, and the damage to the state of the world socialist system, and on crimes under the law for the protection of peace, the regional court, at first instance, also acts when the lower limits of punishment are lower.
(2) The higher court-martial shall also, at the first instance, conduct proceedings on the criminal offences of the officials for which it was designated.
Local jurisdiction
§ 18
(1) The proceedings are carried out by a court in whose district the offence has been committed.
(2) If the crime scene cannot be ascertained or if the offence has been committed abroad, proceedings shall be held by the court in whose district the defendant lives, works or stalls; if these places cannot be identified or are outside the territory of the Czechoslovak Socialist Republic, the proceedings shall be conducted by a court within whose circumference the act has become apparent.
§ 19
(1) Proceedings on criminal offences of members of the armed forces and armed corps serving the part for which a court-martial has been established shall be carried out by that court.
(2) Proceedings for the crimes of armed forces and armed corps officials shall be conducted by a court-martial designated to deal with the offences of such officers.
Joint management
§ 20
(1) All the offences of the same defendant and against all the accused persons whose offences are related shall be subject to joint proceedings.
(2) Joint proceedings on the offence and offences which should be brought by a single judge and the offence which is the responsibility of the Chamber shall be held by the Chamber.
(3) Where a person subject to the jurisdiction of a military court is also prosecuted for another criminal offence which is materially related to a criminal offence which is subject to the jurisdiction of a military court, the court-martial shall discuss and decide the case, including as regards the related offence. Otherwise, the provisions of paragraph 1 shall not be used in relation to the regional court, on the one hand, and the military courts, on the other hand.
§ 21
(1) Joint proceedings shall be held by the Regional Court where it is competent to conduct proceedings on at least one of the offences.
(2) The joint proceedings shall be conducted by a court which is competent to bring proceedings against the offender of the offence or the most serious offence.
§ 22
Jurisdiction of several courts
Where, under the previous provisions, the jurisdiction of several courts is given, the proceedings of those courts shall be carried out by the person to whom the prosecutor has brought the action or to whom the case has been referred by an incompetent court.
§ 23
Exclusion and connection of the matter
(1) In order to expedite proceedings or for other important reasons, proceedings concerning one of the offences or against one of the accused may be excluded from joint proceedings.
(2) The jurisdiction of the court which excluded the case is unchanged; However, if the Regional Court excludes a case which would otherwise have been the case for the proceedings of the District Court, it may refer it to that court.
(3) Where there are conditions for joint proceedings, the court may bring the cases in which separate indictments have been brought to a joint hearing and judgment.
§ 24
Jurisdiction disputes
Disputes of jurisdiction between courts shall be decided by the court closest to them jointly.
Withdrawal and commandment of the case
§ 25
(1) For important reasons, the case may be removed from the competent court and ordered to another court of the same kind and degree; the removal and the commandment shall be decided by the court which is closest to the two courts together.
(2) It is only possible to withdraw the case on which the proceedings of the court having its registered office in the Czech Socialist Republic are based and to order it to the court in the Slovak Socialist Republic, or vice versa, if the Supreme Court of the Republic, in which the court to which the case is removed, agrees with the withdrawal and order of the case.
§ 26 - zrušen

Oddíl druhý

Auxiliary
§ 27
Receiver
As a general rule, a record taken into account in the promise shall be taken to draw up a protocol on the conduct of law enforcement authorities. If the recorder has not been added, the record shall be drawn up by the person performing the operation.
Interpreter
§ 28
If the content of the statement or document needs to be translated or if the defendant does not control the language in which the hearing is held, the interpreter shall be added; The interpreter can also be a writer.
§ 29
(1) The provisions of the interpreter, the eligibility and exclusion of the interpreter, the right to refuse interpretation, the promise and the reminder of pre-interpretation duties, as well as the reimbursement of expenses and the remuneration for interpretation are subject to specific provisions.
(2) The amount of compensation and the remuneration of the interpreter shall be determined by the institution which has brought the interpreter and by the President of the Chamber in court. There is an admissible complaint against this decision which has suspensory effect.

Oddíl třetí

Exclusion of law enforcement authorities
§ 30
(1) A judge, prosecutor, investigator, search authority and reporter shall be excluded from carrying out criminal proceedings where there may be doubt as to the unbiased nature of his or her relationship with the present case or the persons to whom he or she is directly concerned, their lawyers, legal representatives and agents, or the relationship with another authority active in the proceedings.
(2) The Judge is also excluded from carrying out criminal proceedings where he has been acting in the present case as a prosecutor, investigator, search party, social prosecutor, lawyer, social lawyer or agent of the person concerned or the injured party.
(3) In addition, a judge who took part in a decision in a court of a lower degree and vice versa shall be excluded from the decision in a court of a higher degree. A prosecutor who made or gave his consent or order to the contested decision shall be excluded from the decision on a complaint with the superior body.
§ 31
(1) Exclusion shall be decided by the Judge, the President of the Court, the President of the Court, the President of the Supreme Court, and by another person, the directly superior authority, on the basis of a notification of the person whose exclusion is concerned or on the basis of an objection from one of the parties. Pending the decision to exclude those authorities, only those acts which cannot be delayed shall be carried out by the persons whose exclusion is concerned.
(2) If the Judge whose exclusion is concerned so agrees, the President of the Court may, without deciding on the exclusion, replace him by another Judge.

Oddíl čtvrtý

Charged
§ 32
Charged
He who is suspected of committing a crime can only be regarded as accused and used against him the funds provided by this law against the defendant if he has been charged (§ 163) or has been charged (§ 169).
§ 33
Rights of the defendant
(1) The defendant has the right to express his views on all the facts which he or she is accused of and on the evidence relating to him, to state the circumstances and evidence used to defend him, to make proposals and to appeal. He has the right to choose an attorney and to consult him. If he is in custody, he may speak to the lawyer without the presence of a third party; The investigator will allow him such a conversation. However, if there is reason to believe that the defendant will obstruct the investigation [Paragraph 67 (b)] and if he has not yet made contact with the results of the investigation, the agreement of the investigator shall be sought without a third party present. The defendant, who has insufficient resources to cover the costs of the defence, is entitled to the defence free of charge. Those rights shall also apply to the defendant if he is deprived of legal capacity or is restricted to legal capacity.
(2) All law enforcement authorities are always obliged to instruct the accused about his rights and give him the full possibility of applying them.
§ 34
Legal representative of the defendant
A legal representative of the defendant who is deprived of legal capacity or whose legal capacity is limited shall be entitled to represent the defendant, in particular to elect a lawyer, to make proposals for the defendant, to lodge applications and appeals for him; is also entitled to participate in those acts which the accused may participate in under the law. For the benefit of the accused, the legal representative may exercise these rights even against the will of the accused.

Oddíl pátý

Defender
§ 35
Defender
(1) Only a lawyer may be a lawyer in criminal proceedings. If, in the field of military justice, there is a matter of particular importance to the defence of the country, the Prosecutor or the President of the Chamber may decide that only an officer of the judiciary in active duty, included in the military judiciary, may be a lawyer; he then has all the rights and duties of the lawyer in the performance of his defence and is relieved of duty.
(2) In the main trial and in the public session, the defendant may not be called as a witness, expert or interpreter.
§ 36
Necessary defence
(1) The defendant must have a lawyer in preparation,
(a) if he is in custody, in the execution of a prison sentence or for observation in a health institution (§ 116 (2)),
(b) is deprived of legal capacity or is limited to legal capacity;
(c) if it is for proceedings against a minor; or
(d) if there is a case against a fugitive.
(2) The defendant must also have a lawyer if the court and the prosecutor consider it necessary in the preparatory proceedings, in particular because, in view of the physical or mental defects of the defendant, they have doubts about his ability to defend himself properly.
(3) Where criminal proceedings are conducted, for which the law provides for a custodial sentence, the upper limit of which exceeds five years, the defendant must have a lawyer in preparation.
(4) The defendant must also have a lawyer in a foreign extradition procedure, in a procedure in which the imposition of protective treatment is decided in so far as anti-alcoholic protection treatment is not concerned, and in a martial procedure.
§ 37
Elected Defender
(1) If the defendant does not enjoy the right to choose a lawyer and if neither his legal representative or his legal representative chooses him, his relative may choose him in the direct generation, his sibling, the adopter, the adopted man, the spouse, the species and the person concerned. If the accused is deprived of legal capacity or is limited to legal capacity, they may do so even against his will.
(2) The defendant may choose another lawyer instead of the lawyer appointed to him or the person authorised to do so.
A designated lawyer
§ 38
(1) If the defendant does not have a lawyer where he must have one (Paragraph 36), he shall be given a time limit to elect a lawyer. If this period goes in vain, he will be appointed an attorney.
Zobrazit všechna ustanovení (2001)
Contents
ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 HLAVA DRUHÁ Oddíl první § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 - zrušen Oddíl druhý § 27 § 28 § 29 Oddíl třetí § 30 § 31 Oddíl čtvrtý § 32 § 33 § 34 Oddíl pátý § 35 § 36 § 37 § 38 § 39 § 40 § 41 Oddíl šestý § 42 Oddíl sedmý § 43 § 44 § 45 § 46 § 47 § 48 § 49 Oddíl osmý § 50 § 51 HLAVA TŘETÍ § 52 Oddíl první § 53 § 54 Oddíl druhý § 55 § 56 § 57 § 58 Oddíl třetí § 59 Oddíl čtvrtý § 60 § 61 Oddíl pátý § 62 § 63 § 64 Oddíl šestý § 65 Oddíl sedmý § 66 HLAVA ČTVRTÁ Oddíl první § 67 § 68 § 69 § 70 § 71 § 72 § 73 § 74 Oddíl druhý § 75 § 76 § 77 Oddíl třetí § 78 § 79 § 80 § 81 Oddíl čtvrtý § 82 § 83 § 84 § 85 Oddíl pátý § 86 § 87 Oddíl šestý § 88 - zrušen HLAVA PÁTÁ § 89 Oddíl první § 90 § 91 § 92 § 93 § 94 § 95 § 96 - zrušen Oddíl druhý § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 Oddíl třetí § 105 § 106 § 107 § 108 § 109 § 110 § 111 Oddíl čtvrtý § 112 Oddíl pátý § 113 § 114 § 115 § 116 § 117 § 118 HLAVA ŠESTÁ § 119 Oddíl první § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 Oddíl druhý § 134 § 135 § 136 § 137 § 138 Oddíl třetí § 139 § 140 HLAVA SEDMÁ § 141 § 142 § 143 § 144 § 145 § 146 § 146a § 147 § 148 § 149 § 150 HLAVA OSMÁ § 151 § 152 § 153 § 154 § 155 § 156 ČÁST DRUHÁ § 157 HLAVA DEVÁTÁ § 158 § 159 HLAVA DESÁTÁ Oddíl první § 160 Oddíl druhý § 161 § 162 § 163 § 164 § 165 § 166 § 167 Oddíl třetí § 168 § 169 § 170 Oddíl čtvrtý § 171 § 172 § 173 Oddíl pátý § 174 § 175 Oddíl šestý § 176 § 177 § 178 Oddíl sedmý § 179 Oddíl osmý § 179a § 179b § 179c § 179d § 179e § 179f ČÁST TŘETÍ HLAVA JEDENÁCTÁ § 180 § 181 § 182 § 183 § 184 HLAVA DVANÁCTÁ § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 HLAVA TŘINÁCTÁ Oddíl první § 196 § 197 § 198 Oddíl druhý § 199 § 200 § 201 Oddíl třetí § 202 § 203 § 204 § 205 § 206 Oddíl čtvrtý § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 Oddíl pátý § 216 § 217 § 218 Oddíl šestý § 219 Oddíl sedmý § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 Oddíl osmý § 231 HLAVA ČTRNÁCTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239 HLAVA PATNÁCTÁ § 240 § 241 § 242 § 243 § 244 HLAVA ŠESTNÁCTÁ § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 HLAVA SEDMNÁCTÁ § 266 § 266a § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 HLAVA OSMNÁCTÁ § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 HLAVA DEVATENÁCTÁ § 290 Oddíl první § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 Oddíl druhý § 302 § 303 - zrušen § 304 § 305 § 306 Oddíl třetí § 307 § 308 § 309 § 310 § 311 § 312 § 313 § 314 Oddíl čtvrtý § 314a § 314b § 314c § 314d HLAVA DVACÁTÁ § 315 Oddíl první § 316 § 317 § 318 § 319 Oddíl druhý § 320 § 321 § 322 § 323 § 324 § 325 § 326 - zrušen § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 - zrušen Oddíl třetí § 336 § 337 § 338 § 339 § 340 Oddíl čtvrtý § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 350a Oddíl pátý § 351 § 352 § 353 § 354 § 355 § 356 § 356a § 357 § 358 Oddíl šestý § 359 § 360 § 361 § 362 - zrušen HLAVA DVACÁTÁ PRVNÍ § 363 § 364 § 365 ČÁST ČTVRTÁ HLAVA DVACÁTÁ DRUHÁ § 366 § 367 § 368 § 369 § 370 § 370a HLAVA DVACÁTÁ TŘETÍ § 371 až 374 - zrušeny HLAVA DVACÁTÁ ČTVRTÁ § 375 Oddíl první § 376 § 377 § 378 Oddíl druhý § 379 § 380 § 381 § 382 § 383 Oddíl třetí § 384 ČÁST PÁTÁ § 385 § 386 § 387 § 388 § 389 § 390 § 391 § 392

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Regulation Information

CitationFull text of Act No. 32 / 1970 Coll., on Criminal Procedure (Criminal Code)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation14.04.1970
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.

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