Act No 333 / 2020 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws
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Effective from 01.10.2020
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01.10.2020
06.08.2020
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333
THE LAW
of 22 July 2020
amending Act No. 40 / 2009 Coll., the Criminal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, 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, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 2016 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 165 / 2015 Coll.
1. in Paragraph 34 (1) (a), "twenty" is replaced by "thirty."
2. In Paragraph 39 (1), the words' shall be inserted after the words' the consequences of an offence '; he shall also take into account his position on a criminal offence in criminal proceedings whether he has negotiated an agreement on guilt and punishment, declared his guilt or referred to the facts as undisputed'.
3. In Paragraph 39, the following paragraph 4 is inserted after paragraph 3:
"(4) Where the court does not impose a collective penalty or a joint penalty for continuing the offence, it shall also take into account the type and size of the penalties imposed on the offender for another criminal activity and which have not yet been carried out, in order that, in view of the nature and gravity of the offence and the person responsible for the offence, a penalty should not be imposed which would lead to a disproportionate penalty for the offender, along with the penalties not yet completed. '
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
4. In Paragraph 39, the sentence "The Court of First Instance shall in particular consider the imposition of a pecuniary penalty (paragraphs 67 to 69) shall be added at the end of paragraph 8. '
5. In Paragraph 40 (2), "3 'is replaced by" 4';
6. in Paragraph 41, the following point (l) is inserted after point (k):
"(l) has confessed to a crime,"
Points (l) to (o) shall be renumbered as points (m) to (p).
7. Paragraph 58 (2) reads:
"(2) If the court considers that, in view of the circumstances of the perpetrator and the nature of the crime committed by him, it is possible to rectify him and the sentence of a shorter duration, it may also reduce the sentence of imprisonment below the lower limit of the criminal rate if it condemns the offender who:
(a) help prevent or attempt to prevent an offence which has been committed by another; or
(b) declare his guilt. ";
8. In Paragraph 58, the following paragraph 3 is inserted after paragraph 2:
"(3) If it is considered that, in view of the circumstances of the perpetrator and the nature of the crime committed by him, the sentence of imprisonment may be rectified and the sentence of a shorter duration, the sentence of imprisonment may also be imposed below the lower limit of the criminal rate if it is imposed by a judgment approving the agreement on guilt and punishment. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
9. In Paragraph 58 (4) of the introductory part of the provision, the words "and 2 'are replaced by the words" to 3'.
10. In Paragraph 58 (5) to (7), "3 'is replaced by" 4'.
11. in Paragraph 65 (2):
"(2) If, at the time of the sentence until the end of the sentence, the offender does not lead a proper life, he avoids the enforcement of the sentence without any serious reason, he violates the conditions for the execution of the sentence, otherwise he or she fails to execute the sentence within the prescribed period of time, he or she may change the court, even during the period prescribed for his or her execution, the sentence of the work of general interest or the remainder of the sentence of imprisonment, and decide at the same time how it is to be executed; Each and only one hour of non-execution of a public service sentence shall be counted as one day in jail. ';
12. In Paragraph 68 (3), the sentence "However, twice the number of daily rates may not exceed the upper limit of the criminal prison rate, even with the prison sentence imposed."
13. In the second sentence of Paragraph 68 (5), the words "If the offender cannot be expected to pay the penalty immediately by his personal and property circumstances' may be replaced by the words" In view of the personal and property circumstances of the offender, the court may '.
14. Paragraph 68 (7) is deleted.
15.
Enforcement of the financial penalty
(1) The sums paid are for the State.
(2) If the offender does not pay the financial penalty at the request of the court or until the end of the period for which the execution of the sentence has been postponed or payments have been authorised, and if it is clear that the enforcement of the penalty could be thwarted or would be without result, the court shall convert the financial penalty or the remainder thereof into a custodial sentence and decide at the same time how it is to be enforced; each outstanding amount corresponding to one daily rate shall be calculated for two days in jail.
(3) An offender who has been penalised for a criminal offence other than a particularly serious crime shall be treated as if he had not been convicted once the sentence has been executed or the rest of the sentence has been waived. ';
16. in Paragraph 88 (1) (b):
"(b) a convicted person who has not been convicted of a particularly serious crime,
1. which have been or should have been caused by death, if not for the offence of manslaughter referred to in Paragraph 141 (1),
2. which have been or should have been caused by serious injury to health,
3. the nature of which is to commit against a pregnant woman or child,
4. who has committed as a member of an organised group, in conjunction with an organised group or for the benefit of an organised criminal group, or a particularly serious crime of participation in an organised criminal group (§ 361),
5. who has committed an intention to allow or facilitate the commission of a terrorist offence, a criminal offence involving a terrorist group (§ 312a), terrorist financing (§ 312d), the promotion and promotion of terrorism pursuant to § 312e (3) or the threat of terrorist crime (§ 312f); or
6. which is referred to in the third, seventh, ninth, twelfth and thirteenth parts of this Act or in paragraph 4,
and which has not yet been in the execution of a prison sentence, has carried out at least one third of the sentence imposed or, as decided by the President of the Czech Republic, a reduced prison sentence. ';
17. in Paragraph 99 (5), the words "or otherwise have shown a negative position on protective treatment" shall be deleted.
18. in Paragraph 105 (1) (e), the words "intentional crime" are replaced by the words "particularly serious crime."
19. Paragraph 138 (1) reads:
"(1) For the purposes of this Act:
(a) damage not minor damage amounting to at least CZK 10,000;
(b) damage not minor damage amounting to at least CZK 50,000;
(c) greater damage amounting to at least CZK 100,000;
(d) significant damage amounting to at least CZK 1 000 000; and
(e) damage to a large extent amounting to at least CZK 10 000 000. "
20. The following Section 217a is inserted after Section 217:
Common provision
For the purposes of Sections 216 and 217, an offence committed abroad which fulfils the characteristics of a criminal offence under the law of the Czech Republic, whether or not it is criminal under the law of the State in whose territory it was committed, shall be regarded as a criminal offence abroad. '
21. In Article 250 (1) (a), the words "or related commodities traded on an organised market in goods or the calculation of rates, indices or quantified indicators determining the price or rate of such investment instruments" shall be inserted after the word "instruments."
22. in § 250 (1) (b):
"(b) conduct a trade, order or act which is capable of giving an incorrect impression of the supply, demand, price or rate of such an investment instrument or of the related commodities traded on an organised market in goods or of the value of the rate, index or quantified indicator determining the price or rate of such investment instruments;"
23. In footnote 1, the sentence "Directive (EU) 2018 / 1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering is added to the separate line. '.
Transitional provision
In proceedings initiated before the date of the entry into force of this Act, Section 138 (1) of Act No. 40 / 2009 Coll., as effective until the date of entry into force of this Act, applies for the purposes of determining the substantive jurisdiction.
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. In Paragraph 36 (1) (b), the word "or 'is inserted after the word" restricted'.
2. In Paragraph 36 (1) (c), the word "or 'is replaced by a dot.
3. Paragraph 36 (1) (d) is deleted.
4. in Article 36 (4) (a), the words "in simplified procedure" shall be deleted;
5. In Article 46, the words, "warning the authorities involved in criminal proceedings in the course of the instruction of the injured party in the preparatory proceedings, in particular, that an agreement on guilt and punishment may be negotiated, and in such a case it may claim compensation or non-material damage in money or the issue of unjustified enrichment at the latest at the first hearing of such an agreement 'shall be replaced by the words" or the issuing of a criminal order, notice the authorities involved in criminal proceedings in the course of the preparatory proceedings of the injured party at the latest until the date of the issuing of the criminal order or the first negotiation of such an agreement';
6. In the first sentence of Paragraph 47 (5), the part of the sentence after the semicolon, including the semicolon, is deleted.
7. in Article 51a (4), the last sentence shall be deleted;
8. In Section 51a, the following paragraph 7 is added:
"(7) Costs incurred by the removal of the injured agent who is entitled to legal aid provided by the agent free of charge or for reduced remuneration shall be borne by the State. ';
9. in Article 73a (4) (d), the words "or the execution of a detention sentence for a cash penalty" shall be deleted;
10. in § 79e (2), first sentence, part of the sentence after the semicolon, including the semicolon, shall be deleted;
11. in Paragraph 89 (1) (d), the words' the perpetrator's circumstances' shall be replaced by 'the defendant's family, property and other circumstances';
12. In Paragraph 91 (1), the words "asking him about his family, property and earnings and previous sentences' and" in the presence of a lawyer 'are deleted.
13. In Paragraph 92, the following paragraph 2 is inserted after paragraph 1:
"(2) In the hearing, the defendant must be asked about his personal, family, property and other circumstances so that, in the event of a decision on the blame and punishment of the defendant, the facts are established to the extent necessary to determine the type of penalty and its scope. In addition, it is necessary to ask questions about previous sentences and further prosecution of the defendant. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
14. In Article 151 (6), the words "designated agent of the injured party 'are replaced by the words" selected or designated agent of the injured party who is entitled to legal aid provided by the agent free of charge or for reduced remuneration'.
15. in Paragraph 152 (1) (d), the words "and with the execution of the sentence of house arrest and" shall be replaced by a comma.
16. in Article 152 (1), the following point (e) is inserted after point (d):
"(e) costs associated with the execution of the house arrest penalty; and"
Point (e) shall be renumbered as point (f).
17. in Article 152 (3) and in Article 156, the text "(e)" is replaced by the text "(f)."
18. Article 152a is deleted.
19. In Section 154, the word "damaged 'is replaced by" associated with the participation of injured persons in criminal proceedings'.
20. In Article 154, the following paragraph 3 is added:
"(3) The defendant shall be obliged to reimburse the State for the costs incurred by the detention of the injured agent who is entitled to legal aid provided by the agent free of charge or for reduced remuneration, unless the nature of the case and the circumstances of the case, in particular the complicity of the injured party, prevent it. Where there is a negligence offence, the court shall, for reasons of special consideration, reduce the compensation accordingly; taking into account in particular the nature of the offence and the personal and property circumstances of the convicted person. ';
21. in Article 155 (5), the words "the provision of an agent to the injured party" shall be replaced by "the removal of the injured party who is entitled to legal aid provided by the agent free of charge or for reduced remuneration,"
22. In Paragraph 175a (3), the words "if the case of a necessary defence is pending, the prosecutor shall negotiate a plea and sentence agreement with the defendant '.
23. in Article 175a (6) (f), the words "and, in the cases provided for in the criminal Code, the replacement penalty" shall be deleted and the number "7" shall be replaced by "8."
24. in Article 175a (6) (i), the words "the defendant and the defendant" shall be replaced by the words "and the defendant, the lawyer's signature, if there was any agreement on guilt and punishment,"
25. in Article 175a (8), the words "particularly serious crime and proceedings" shall be deleted;
26. in Paragraph 177, the following point (d) is inserted after point (c):
"(d) the application for the imposition of a penalty, indicating the nature of the penalty and the size of the penalty or the application for the waiver of the penalty; where a confiscation penalty, a cash penalty or a confiscation penalty is proposed, it shall be indicated whether and what items have been secured for the purposes of its execution; and ';
Point (d) shall be renumbered as point (e).
27. In Paragraph 178, the following paragraph 3 is added:
"(3) If the prosecutor proposes to prevent a case or prevent part of the property, he shall indicate whether and what items have been secured for the purposes of their execution. ';
28. In Paragraph 178a (1), the words "or in the agreement on guilt and punishment 'shall be inserted after the word" indictment'.
29. In Article 178a, the following paragraph 4 is added:
"(4) Where the prosecution of the cooperating defendant ends before the prosecution of other persons for a crime which he has committed to clarify, his obligation to maintain his or her confession and to comply with his or her obligations referred to in paragraph 1 shall apply to the continuation of criminal proceedings against such persons; a breach of this undertaking may constitute grounds for authorising a recovery to the detriment of the cooperating defendant. This must be taught to the cooperating defendant. '
30. In Paragraph 196, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The President of the Senate, together with the delivery of the copy of the indictment, shall alert the defendant that he has the right to comment within the time limit laid down by him on the facts in the indictment, in particular,
(a) whether he feels guilty or guilty of an act or one of the acts cited in the indictment and for what reasons;
(b) whether he is interested in concluding an agreement with the State's Attorney on guilt and punishment, or whether he wishes to declare his guilt in the main trial;
(c) whether it agrees with the description of the act and its legal qualifications and the proposed penalty or safeguard measure, as appropriate; and
(d) which it considers to be undisputed.
(3) The President of the Chamber, together with the notice referred to in paragraph 2, shall inform the defendant of the consequences of the observations referred to in paragraph 2; at the same time, he shall also advise him that the statement on the charge, if not for a confession or a declaration of guilt, may be made by his lawyer, even if the main trial takes place in his absence. If the defendant sends a statement to the prosecution, the President of the Senate will deliver it to the prosecutor. "
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
31. in Article 196 (4), the words "to be called at the same time" shall be replaced by the words "the President of the Chamber shall call."
32. In Paragraph 206, at the end of paragraph 1, the words "and state which facts it considers to be undisputed 'shall be added.
33. The following Sections 206a to 206d are inserted after Section 206:
(1) After presentation of the indictment and the statement of the injured party, the President of the Chamber shall invite the defendant to comment on the facts set out in the indictment, in particular on whether he feels guilty or guilty of an act or of any of the acts referred to in the indictment, agrees with the description of the act and its legal qualifications and the penalty or safeguard measure proposed and which he considers to be undisputed; instruct him about the consequences of such expression. He shall also draw his attention to his right to declare his guilt and to inform him of the consequences of such a statement. If the defendant has already expressed his views on these matters after the delivery of the indictment, the President of the Senate shall ask him whether he persists in his observations or wants to change them in any way.
(2) A statement to the prosecution may also be made by his lawyer for the defendant, even if the main trial takes place in the absence of the defendant, but he cannot make a confession or a plea of guilt for him.
(1) If, in view of the circumstances of the case, the President of the Chamber considers it appropriate to negotiate an agreement on guilt and punishment, he shall inform the defendant of the possibility of such action and the consequences thereof. They shall then establish the position of the defendant, the prosecutor and the victim, if present, on such action. If the prosecutor and defendant express their interest in negotiating an agreement on guilt and punishment, the President of the Chamber shall suspend the main trial for the time necessary to negotiate it outside the main trial; If necessary, the main proceedings shall be adjourned. A motion to negotiate an agreement on guilt and punishment may also be made by a prosecutor or defendant, the President of the Senate is not obliged to comply with such a motion.
(2) The agreement on guilt and punishment is negotiated by the prosecutor with the defendant and, where appropriate, his lawyer. The victim also participates in the negotiation of the guilt and punishment agreement if he is present in the main trial. When negotiating an agreement on guilt and punishment, the prosecutor shall proceed mutatis mutandis in accordance with Paragraph 175a. If the main trial has been adjourned, the prosecutor shall inform the court of the outcome of the hearing without undue delay after the conclusion of the negotiations on the guilty and penalty arrangements.
(3) If there is an agreement on guilt and punishment, the main trial is continued. The prosecutor shall first present the content of the agreed agreement on guilt and punishment and propose its approval to the court. In the absence of an agreement on compensation or non-property damage or the issue of unjustified enrichment, the prosecutor shall draw the court's attention to that fact. After presentation of the proposal for approval of the guilty and penalty agreements, the main trial shall be treated mutatis mutandis in accordance with § 314q (3) to (5) and § 314r.
(4) If the agreement on guilt and punishment has not been negotiated or the court has not approved the agreement on guilt and punishment, the main trial shall be continued on the basis of the original indictment. In further proceedings, the agreed agreement on guilt and punishment, including a declaration of guilt by the defendant for the purposes of its negotiation, shall not be taken into account unless the defendant requests that such a declaration be treated as a declaration of guilt under Paragraph 206c.
(1) If the agreement on guilt and punishment has not been negotiated, the defendant may declare that he is guilty of an act or of one of the acts mentioned in the indictment and that he agrees with the legal qualifications of such an act in the indictment.
(2) If the defendant makes a statement pursuant to paragraph 1, the court shall, within the scope of the declaration, proceed mutatis mutandis in accordance with Paragraph 314q (3).
(3) The President of the Chamber shall, before taking a decision to accept a declaration of guilt, establish the opinion of the prosecutor, the injured party and the interested party, if they are present at the main trial.
(4) The Court of First Instance shall decide, after declaring the defendant's guilt, whether or not to accept such a declaration.
(5) The Court of First Instance shall not accept a declaration of guilt if it does not comply with the facts established or if it finds that a serious infringement of the rights of the defendant has taken place in the previous proceedings. The Court of First Instance may not accept a declaration of guilt unless it considers that such a procedure is appropriate in the light of the circumstances of the case and the observations of the other parties.
(6) If the court decides to accept a declaration of guilt, it shall also state in the resolution that the evidence to the extent that the defendant has declared the guilt will not be carried out and will only be carried out to the extent that it does so; This is without prejudice to the possibility of questioning the defendant for the participation of other persons in an act of guilt committed.
(7) The statement of guilt adopted by the Court of First Instance cannot be withdrawn. The facts set out in the declaration of guilt cannot be challenged by an appeal.
(8) If the court decides not to accept the declaration of guilt, the declaration of guilt shall not be taken into account.
After having established the position of the defendant in the indictment, if he has not reached an agreement on guilt and punishment or a declaration of guilt, the court may decide to waive the evidence which the prosecutors and the accused have declared undisputed if, in view of the other facts found, there is no serious reason to doubt such statements. '
34. In Article 246 (1), at the end of the text in point (b), the words "if not for a statement of guilt to the extent that the court has accepted his declaration of guilt 'shall be added.
35. In Section 278, the following paragraph 5 is added:
"(5) A retrial which has resulted in a condemning judgment or a criminal order which has recognised the guilty cooperating defendant shall also be authorised against the defendant if the cooperating defendant in further proceedings is guilty of a crime committed by the cooperating defendant to clarify, in breach of his obligation under Paragraph 178a (1). '
36. In Paragraph 304, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The defendant cannot negotiate a plea and punishment agreement with the State's Attorney, nor can he declare the defendant guilty."
37. in Paragraph 314a, paragraphs 3 and 4 are added:
"(3) A single judge shall have the same rights and obligations as the Senate and its President.
(4) A private session shall not be held by a single Judge. "
38. in Paragraph 314b (1):
"(1) In the event of a shortened preparatory procedure, the prosecution shall be initiated by the service of an application to punish the court. ';
(39) In Paragraph 314b (2), the words "on punishment" and the words "on facts which it considers to be undisputed, and whether it agrees that such facts should not be proved in the main proceedings" shall be replaced by the words "and shall further establish its position on the facts set out in the application for punishment within the scope of Article 206a."
40. In Paragraph 314b, paragraphs 4 and 5 are deleted.
41. in Article 314c (1) (c), the word "simplified" shall be replaced by "shortened preparatory aid."
(42) In Article 314d (2), the first sentence is deleted and the second sentence is replaced by the following: "Where a reduced preparatory procedure has taken place, Article 207 (2) shall apply mutatis mutandis to the main trial to read the report of the suspect (Article 179b (3))."
43.In Article 314e (1), "simplified" is replaced by "v."
44. in Paragraph 314e (5):
"(5) Where a penalty is imposed by a penal order, it may not exceed one year in excess of twice the number of daily rates, even with the prison sentence imposed. ';
45. in Paragraph 314e, the following paragraph 6 is inserted after paragraph 5:
"(6) A punishable order may:
(a) refrain from punishment (§ 46 of the Criminal Code);
(b) to suspend, on condition, supervised punishment (Section 48 of the Criminal Code); or
(c) waive the imposition of a collective sentence (Section 44 of the Criminal Code), even if the previous sentence has been imposed by judgment. "
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
46. in Paragraph 314f, the following paragraph 3 is added:
"(3) The self-judge shall correct the criminal order at any time, even without a motion for a typist error and other obvious misconduct. Paragraphs 131 and 133 shall apply mutatis mutandis. '
47. In Article 314o (1) (b) and Article 314p (3) (f), the words "although he should have had it by law" shall be inserted after the word "lawyer."
48. in Paragraph 314r (3), at the end of the second sentence, the words "unless it is possible to reach a new text of the agreement on guilt and punishment immediately."
49. In the title of § 340b, the words "in the sentence of house arrest, in the penalty of money or 'shall be deleted.
50. In the first sentence of Paragraph 340b (1), the words "in the sentence of house arrest, in the penalty for money or 'shall be deleted.
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Regulation Information
| Citation | Act No. 333 / 2020 Coll., amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law substantive
The regulation text is for informational purposes only.
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