Act No 345 / 2007 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Valid
Law
Effective from 01.01.2008
Text versions:
01.01.2008
21.12.2007
345
THE LAW
of 5 December 2007
amending 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 to the Code of Criminal Procedure
Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 30 / 2006, Act No. 30 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 30 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006, Act No. 20 / 2006 Coll.
1. in Paragraph 36 (4) (e):
"(e) in proceedings for the recognition and enforcement of a foreign decision (§ 452 (2), § 455 (2)) and in proceedings for the recognition and enforcement of decisions by another Member State of the European Union on criminal penalties and transactions to which a financial penalty or fine has been imposed (§ 460r (2)), or"
2. In Section 151 (2), footnote 4 is replaced by footnote 3a.
footnote 3a is replaced by the following:
"(3a) Sections 11 (1) and 15 of Act No. 85 / 1996 Coll., on Advocate General, as amended."
3. Paragraph 350b, including footnote 4, reads:
(1) As soon as the judgment imposing the expulsion penalty is obtained, the President of the Senate shall send the order of execution to the police of the Czech Republic and invite the sentenced to leave the Czech Republic without delay.
(2) If there is no fear that a sentenced person who is free will hide or otherwise obstruct the execution of the expulsion penalty, the President of the Senate may grant him a reasonable period of time to procure his affairs. That period may not exceed one month from the date on which the judgment became final.
(3) The time limit referred to in paragraph 2 may be extended by the President of the Chamber, at the request of the sentenced and repeatedly, for a maximum period of 180 days from the date on which the judgment became final, if the sentenced proves that he has done all the necessary tasks to procure travel documents and other formalities necessary to travel, but cannot yet leave the Czech Republic.
(4) If the sentenced person has requested an expulsion order pursuant to a special rule of law (4) and if the request is not manifestly unfounded, the President of the Chamber shall, at the request of the sentenced person or without such request, postpone the execution of the expulsion sentence. The President of the Chamber shall inform the authority responsible for the procedure for granting international protection in accordance with the special rule of law (4) of the postponement of the enforcement of the expulsion penalty on that ground and shall ask him to inform it immediately after the completion of the procedure of the decision on the application.
(5) If additional protection has been granted to a sentenced person subject to an expulsion penalty under a special legislature4), the President of the Chamber will postpone the execution of the expulsion sentence until it is granted. The President of the Chamber shall inform the authority responsible for granting supplementary protection under special legislation (4) of the postponement of the execution of the expulsion penalty on that basis and shall request it to inform him without delay of the fact that the additional protection of the sentenced person has disappeared or has been withdrawn.
(6) A complaint shall be admissible against the decision referred to in paragraph 4.
4) Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended. '
4. In Paragraph 350g, the current text is renumbered paragraph 1 and paragraph 2 is added, including footnote 5:
"(2) If a citizen of the European Union who is authorised to reside on the territory of the Czech Republic has not been expelled from the territory of the Czech Republic or has remained continuously in the territory of the Czech Republic for the last 10 years, or a member of his family (5), irrespective of the nationality which is authorised to reside on the territory of the Czech Republic, he shall verify that the facts for which the expulsion penalty cannot be imposed have not occurred.
5) Article 15a of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 217 / 2002 Coll., Act No. 161 / 2006 Coll. and Act No. 428 / 2005 Coll. '
5. In Paragraph 350h, the sentence "If the sentenced person is in detention or in the execution of a prison sentence, the President of the Chamber shall inform the competent prison of the final waiver of the sentence of expulsion 'shall be added at the end of paragraph 1.
6. In Paragraph 387, the following sentence is added at the end of paragraph 1: "Where, for the purposes of the delivery of the defendant to the competent court, a request for transit of the accused by a foreign State other than the issuing State must be made to the competent authority of that State by the Ministry of Justice. '
7. In Article 393 (1), the words "unless reciprocity is guaranteed 'shall be added at the end of the text in point (f).
8. In Part Four, Title Twenty-fifth, the following Section Nine is added after Section Eighth, including the title and footnotes 6 to 8:
Specific procedure for the recognition and enforcement of decisions on cash penalties and other cash transactions with Member States of the European Union
(1) The provisions of this Section shall apply to the procedure for the recognition and enforcement of a final condemning decision for an offence or other offence or a decision based on it, where it has been issued in accordance with European Union legislation (6),
(a) where a penalty or penalty has been imposed;
(b) which have been awarded compensation against the defendant,
(c) which has been decided on the obligation of the sentenced person to pay the costs leading to the condemning decision for an offence or another offence; or
(d) who have been ordered to pay a sum of money to a public fund or to a victim support organisation;
where it has been issued by a court of the Czech Republic in criminal proceedings (hereinafter referred to as the "judgment on criminal penalties and transactions') or by a court of another Member State of the European Union in criminal proceedings or by an administrative authority of that State, provided that an appeal is admissible against a decision of an administrative authority on a criminal offence or other offence decided by a court having jurisdiction in criminal matters (hereinafter referred to as the" decision of another Member State of the European Union on criminal penalties and transactions').
(2) The provisions of this Section shall not apply to the recognition and enforcement of decisions conferring compensation for damage suffered in civil proceedings, or to decisions declaring the forfeiture of property or part thereof, the forfeiture of a case or other property value, or to the prevention of such loss.
(3) Save as otherwise provided for in this Section, the provisions of Section 7 shall apply mutatis mutandis to the procedure for the recognition and enforcement of decisions of another Member State of the European Union on cash penalties and transactions and to the procedure for the transmission of decisions on criminal penalties and transactions from the Czech Republic to another Member State of the European Union for the purposes of its recognition and enforcement.
Recognition and enforcement of decisions of another Member State of the European Union on cash penalties and transactions
(1) The decision of another Member State of the European Union on cash penalties and transactions may be recognised and enforced in the territory of the Czech Republic if the sentenced person is habitually resident in the territory of the Czech Republic. When verifying whether the jurisdiction of the courts of the Czech Republic is given is based on the facts set out in the certificate (7), the decision referred to in § 460o (1) and the investigation itself, and, where appropriate, additional information provided by the State requesting the recognition and enforcement of such a decision.
(2) The regional court in whose territory the sentenced property is situated is responsible for the proceedings for the recognition and enforcement of decisions of another Member State of the European Union on cash penalties and transactions. Where the property of the sentenced person is located in several courts, the courts shall be the competent court which shall be the first to receive the decision for which recognition and enforcement are sought. If the sentenced person does not have property in the territory of the Czech Republic, the regional court in whose territory the sentenced person is habitually resident shall be responsible for the proceedings.
(3) The Regional Court responsible under paragraph 2 shall also decide on all the relevant issues of the enforcement procedure.
(4) Where a decision of another Member State of the European Union on cash penalties and transactions has been sent to a court or other authority which is not competent to proceedings for the recognition and enforcement of such a decision, it shall forward it without delay to the competent Regional Court; the competent authority of another Member State of the European Union which has issued such a decision shall inform the non-competent authority of such referral.
(5) Where a regional court, to which a decision of another Member State of the European Union on cash penalties and transactions has been sent or referred to, finds, on the basis of an investigation carried out pursuant to paragraph 1, that the courts of the Czech Republic are not competent to recognise and enforce such a decision, it shall immediately inform the competent authority of another Member State of the European Union which has requested the recognition and enforcement of such a decision and return the decision sent to it. At the same time, he shall be notified that, for this reason, the decision sent in the Czech Republic cannot be recognised and implemented.
(6) Where a regional court finds that a sentenced person against whom the decision of another Member State of the European Union on cash penalties and transactions for whose recognition and enforcement are sought, died or declared dead is directed, it shall proceed mutatis mutandis in accordance with paragraph 5. If the procedure for the recognition and enforcement of a decision of another Member State of the European Union on cash penalties and transactions cannot be initiated or may not be continued for other similar reasons which do not constitute grounds for refusal of recognition and enforcement of the decision sent, the Regional Court shall inform the competent authority of the other Member State of the European Union which issued the decision and shall ask it to comment whether it insists on the recognition and enforcement of the decision sent.
Exemptions from the principle of mutual criminality
The Regional Court shall recognise and enforce the decision of another Member State of the European Union on cash penalties and transactions even if the conduct for which such a decision has been given is not a criminal offence under the law of the Czech Republic, if it is
(a) the negotiations referred to in Paragraph 412 (2);
(b) infringements of road traffic rules, including infringements of regulations on driving times, safety breaks and rest periods and regulations on the transport of dangerous goods;
(c) smuggling of goods,
(d) infringements of intellectual property rights;
(e) the threat or use of violence against persons, including violence at sporting events;
(f) damage to a foreign object;
(g) theft;
(h) acts designated under the law of a State requesting recognition and enforcement of its decision as a criminal offence or any other offence for which the Member States of the European Union are bound by a legal act of the European Communities or of the European Union.
Conditions for recognition and enforcement
(1) The Regional Court shall, following written observations by the Prosecutor in a public session, decide whether the decision of another Member State of the European Union on the financial penalties and transactions sent to it by the competent authority of that State shall be recognised and enforced, or whether its recognition and enforcement shall be refused. The judgment shall be served on the defendant and the prosecutor.
(2) The defendant must always have a lawyer in this proceedings if he decides whether to recognise and execute a decision of another Member State of the European Union on the penalties and transactions referred to in Paragraph 460o (1) (a).
(3) The Regional Court shall decide to refuse the recognition and enforcement of decisions of another Member State of the European Union on the penalties and transactions referred to in paragraph 1 where:
(a) in the Czech Republic, a final decision has already been taken in the same case for the same act against the same person, or such decision has been given and enforced in another State;
(b) the offence is not a criminal offence under the law of the Czech Republic, unless it is an act referred to in § 460q; in the case of offences relating to taxes, duties, duties or currencies, recognition and enforcement of such a decision cannot be refused only on the grounds that the legislation of the Czech Republic does not impose the same kind of taxes, fees and duties or does not contain the same provisions as those of the State applying for recognition and enforcement of the decision,
(c) the entitlement to the enforcement or enforcement of a penalty imposed by a decision is barred under the law of the Czech Republic and such a decision has been issued for an offence or other offence which is punishable under the law of the Czech Republic under the jurisdiction of the authorities of the Czech Republic,
(d) the decision has been issued for an offence or other offence committed in the territory of the Czech Republic or outside the territory of the Czech Republic on board a ship or aircraft registered in the Czech Republic or in Antarctica;
(e) the decision has been issued for an offence or other offence committed outside the territory of the Czech Republic and the State requesting recognition and enforcement of the decision, and according to the law of the Czech Republic, the authorities of the Czech Republic do not have the power to penalise such an offence or other offence;
(f) the decision has been issued for an offence or other offence the offender of which is a person enjoying privileges and immunities under the law of the Czech Republic or international law;
(g) the decision has been issued for an offence or other offence, the perpetrator of which is a person who is not responsible under the law of the Czech Republic for committing an offence or another offence for lack of age;
(h) the cash penalty or performance imposed shall not exceed EUR 70; the amount referred to in another currency shall be converted from foreign currency into euro according to the foreign exchange market rate declared by the Czech National Bank on the date on which such a decision was issued;
(i) the recognition and enforcement of the decision is contrary to the interests of the Czech Republic protected in § 377; or
(j) there is no guarantee of reciprocity by the State requesting recognition and enforcement.
(4) Where there is a reason to refuse the recognition and enforcement of a decision of another Member State of the European Union on cash penalties and transactions referred to in paragraph 3 (a) of this Article, the Member State concerned shall inform the Commission thereof. (c) or (i), before a decision to refuse recognition and enforcement of such a decision, the Regional Court shall seek the opinion of the competent authority of the State which issued the decision for which recognition and enforcement are sought, in particular for the purpose of taking all necessary information for its decision; where necessary, the Regional Court may request that competent authority to forward the necessary additional supporting documents and additions without delay.
(1) The Regional Court shall also decide to refuse the recognition and enforcement of a decision of another Member State of the European Union on the financial penalties and transactions sent to it pursuant to Paragraph 460r (1), unless such decision is accompanied by a certificate (7), to issue the decision referred to in Paragraph 460o (1), that certificate is incomplete or manifestly not in accordance with the content of the decision to which it is attached, or if the certificate attached to the decision results that:
(a) a person convicted of an offence or other offence on the basis of which such a decision has been taken has not been informed of his right to appeal against such a decision or of the period within which such an appeal may be lodged; or
(b) the proceedings leading to such a decision have taken place in the absence of a person who has committed an offence or any other offence in respect of which such a decision has been given, and that person has either not been duly informed of the proceedings or has not given up an appeal against such a decision, has not withdrawn it or otherwise has not indicated that he will not file an appeal.
(2) If the decision of another Member State of the European Union on cash penalties and transactions is not accompanied by a certificate (7) on the issue of a decision referred to in Article 460o (1), the certificate is incomplete or manifestly does not correspond to the content of the decision to which it is attached or the grounds for refusal of recognition and enforcement of a decision of another Member State of the European Union on cash penalties and transactions referred to in paragraph 1 are given, the Regional Court shall seek the opinion of the competent authority of the State which issued the decision for which recognition and enforcement is sought, in particular for the purpose of taking all the necessary information for its decision; the regional court may request that competent authority to send the certificate without delay (7) to issue the decision referred to in § 460o (1), its corrected version or other necessary additional supporting documents and additions.
(3) If the certificate sent is not translated into the Czech language or any other language in which the certificate can be accepted according to the declaration of the Czech Republic (8), the Regional Court shall invite the competent authority of the State which issued the decision for which recognition and enforcement are requested to send a translation of the certificate to the relevant language within the time limit laid down by it, while also informing it that, if the translation of the certificate is not sent without due cause within the prescribed time limit, the Regional Court shall decide to refuse recognition and enforcement of the decision of another Member State of the European Union on financial penalties and transactions.
Recognition and enforcement
(1) Where the case referred to in Article 460p (5) and (6) is not referred to, or where no grounds for refusal to recognise and enforce a decision of another Member State of the European Union on the penalties and transactions referred to in § 460r (3) or § 460s are given, the Regional Court shall decide on the recognition of such a decision and shall decide at the same time that the recognised decision shall be enforced.
(2) If a decision of another Member State of the European Union on the penalties and transactions referred to in Article 460o (1) (a) has been imposed, the Regional Court will recognise the judgment and the penalty imposed therein will be executed as a penalty only if it has been imposed by a court of another Member State of the European Union for conduct which is a criminal offence even under the law of the Czech Republic. In the event that the financial penalty has been imposed for the conduct referred to in § 460q, which is not a criminal offence even under the law of the Czech Republic, or has been imposed by a body other than a court, the Regional Court shall recognise the decision and convert the financial penalty imposed into a fine.
(3) Where a fine has been imposed by a decision of another Member State of the European Union on the financial penalties and transactions referred to in Article 460o (1) (a), the Regional Court may not turn it into a financial penalty.
(4) When recognising a decision of another Member State of the European Union on cash penalties and transactions, the Regional Court will leave the cash penalty or other cash performance unchanged therein. However, where a recognised decision has been given for an offence or other offence which has not been committed in the territory of the State of which the decision is sought and under the law of the Czech Republic, the authorities of the Czech Republic have the power to penalise such an offence or other offence, the decisions referred to in Paragraph 460o (1) (a) shall be recognised by reducing the amount of money or fines imposed in them to the highest possible amount in which they could be imposed if the offence or other offence is decided under the law of the Czech Republic, provided that the measure is thus determined below the amount specified in the recognised decision.
(5) Cash penalty, fine, compensation, reimbursement of costs or cash in the public fund or for the benefit of the victim support organisation imposed by a decision of another Member State of the European Union on cash penalties and the performance of a regional court, should be converted from foreign currency into Czech currency according to the foreign exchange market rate declared by the Czech National Bank on the date on which those decisions were issued.
(6) Where, by a decision of another Member State of the European Union on the financial penalties and transactions referred to in Article 460o (1) (d), an obligation has been imposed on a public fund or for the benefit of a victim organisation, the Regional Court shall require the sentenced person to deposit the recognised amount on behalf of the Regional Court within the time limit set by him.
(7) A replacement sentence for a cash penalty may be imposed by the court only if the State which applied for the recognition and enforcement of the judgment, in the certificate sent, (7) the decision referred to in § 460o (1) allows such an option, while the criminal rate of the detention penalty imposed may not exceed the amount specified in the certificate (7) the decision referred to in § 460o (1) by that State, at the same time the maximum criminal penalty rate of the detention penalty referred to in the criminal law.
(1) Unless otherwise provided for in this Section, the Regional Court
(a) the enforcement of a cash penalty imposed by a recognised decision of another Member State of the European Union on the penalties and transactions referred to in Article 460o (1) (a), mutatis mutandis, in accordance with the provisions of Title Twenty-first Referring to the execution of the financial penalty;
(b) the enforcement of a fine imposed by a recognised decision of another Member State of the European Union on the financial penalties and transactions referred to in Article 460o (1) (a) under the Civil Code;
(c) the recovery of the costs of the State's management provided for by a recognised decision of another Member State of the European Union on the penalties and transactions referred to in Article 460o (1) (c), mutatis mutandis, in accordance with the provisions of Title Twenty-first Regulation on the recovery of costs of criminal proceedings laid down in a lump sum.
(2) In the event that the sentenced fails to comply with the obligation to pay the sum of money to the public fund or to the benefit of the victim support organisation imposed by a recognised decision of another Member State of the European Union on the penalties and transactions referred to in Paragraph 460o (1) (d) within the period prescribed by the Regional Court, the Regional Court shall proceed in the execution of the judgment under the Civil Code.
(3) The recognised claim for compensation and reimbursement of costs granted to the injured party or to another person recognised by a decision of another Member State of the European Union on the penalties and transactions referred to in Article 460o (1) (b) and (c) shall be exercised by the injured party or another person in civil proceedings.
(4) If the sentenced person proves that he has paid in part or in full in any State, in the event of the payment of the entire amount of the sum of the sum of the sum of the sums of money being forfeited or the proportion of the sum of the sum of the sums of money imposed on the execution of the decision in part or in the event of the payment of the sum of the sum of the sums of money being paid in excess of the amount of the penalty, the fine or the remaining obligation to make good, the cost of the proceedings, or the payment of the sum of the sum of the sum of money in the public fund or for the benefit of the victim. Before a decision is taken, the Regional Court shall seek the opinion of the competent authority of the State which issued the decision for which recognition and enforcement are sought; where necessary, the Regional Court may request that competent authority to forward the necessary additional supporting documents and additions without delay. A complaint is admissible against the decision of the Regional Court.
(5) The Regional Court shall take steps to refrain from the execution of a recognised decision of another Member State of the European Union on financial penalties and transactions, where a pardon or amnesty has been granted to a sentenced person in the Czech Republic or when the competent authority of the State whose decision is concerned has informed him of that State of the amnesty, grace or other decision, measure or fact which has made the recognised decision inoperable. Where, by amnesty, grace, other decisions or measures or as a result of other facts, a financial penalty, fine, an obligation to make good the damage or costs of proceedings or an obligation to pay the amount of money to a public fund or to a victim support organisation has been reduced or waived only in part, the Regional Court shall decide on the execution of the decision on the remainder of the decision. A complaint is admissible against the decision of the Regional Court.
Information obligation
(1) The Regional Court shall without undue delay inform the competent authority of another Member State of the European Union which issued the decision for which recognition and enforcement are requested of:
(a) refusal of recognition and enforcement of such a decision for the reasons set out in Sections 460r and 460s, including an indication of the reason for the refusal;
(b) a reduction in the amount of the financial penalty imposed or the fine referred to in Article 460t (4);
(c) the cessation or abandonment of the enforcement of a recognised decision under the legislation of the Czech Republic governing the enforcement of a decision, including an indication of the reason for such a procedure;
(d) total or partial abandonment of enforcement of a recognised decision pursuant to Article 460 (4) or (5);
(e) execution of a recognised decision;
(f) the order for the execution of the detention penalty provided for in Article 460t (7).
(2) If deemed necessary, the Regional Court may inform the competent authority of another Member State of the European Union which issued the decision for which recognition and enforcement are sought of other relevant facts other than those referred to in paragraph 1 which have or may have an impact on the procedure for recognition and enforcement of the decision sent.
Procedure for the transmission of a decision on a financial penalty to another Member State of the European Union for the purpose of its recognition and enforcement
(1) Where it is necessary to ensure the proper enforcement of decisions on criminal penalties and transactions, the court which has given such a decision may forward that decision to the competent authority of another Member State of the European Union for the purpose of its recognition and enforcement, provided that the sentenced person has property or habitual residence in that other Member State of the European Union. Where a decision granting the injured party compensation against the sentenced person or granting the injured person or another person compensation for the costs of the proceedings is taken, the court shall forward the decision to another Member State of the European Union, at the request of the injured party or of that other person, on his request.
(2) If the court is competent to take over the enforcement of decisions on criminal penalties and the performance of more than one Member State, it shall forward such decisions to the State in which the property of the sentenced person in that State and, where appropriate, to the conditions for the recognition and enforcement of such decisions laid down in the law of another Member State of the European Union, it is likely that the judgment on criminal penalties and transactions may be executed successfully.
(3) A decision to which recognition and enforcement is sought, together with a certificate (7), is to be sent to another Member State of the European Union which is requested to recognise and enforce a decision as referred to in Paragraph 460o (1), translated into the official language or one of the official languages of another Member State of the European Union which is requested to recognise and enforce such a decision, or to the language in which that State is willing to take a decision on a financial penalty and to take a full decision.
(4) At the request of the competent authority of another Member State of the European Union which is requested to recognise and enforce a judgment on criminal penalties and transactions, the court shall provide the additional information and additions required for the purposes of the recognition and enforcement of this decision.
(5) The Court of First Instance shall immediately inform the competent authority of another Member State of the European Union which is requested to recognise and enforce a judgment on a financial penalty and performance, if the sentenced person in the Czech Republic has been granted a pardon or amnesty, or any other decision, measure or fact, whereby the recognised decision has become inenforceable or enforceable only partially, including the fact that the sentenced has already paid all or part of the amount of money which has been paid to him by a judgment on a financial penalty and transactions.
(1) Where a judgment on a financial penalty and transactions has been handed over from the Czech Republic to another Member State of the European Union pursuant to Paragraph 460w for the purpose of its recognition and execution, such a decision cannot be implemented in the Czech Republic unless the court which transmitted such a decision to another Member State of the European Union has been informed by the competent authority of that State that:
(a) the decision sent has not been recognised and enforced in that other Member State of the European Union; the right to enforcement of a judgment on criminal penalties and transactions does not, however, pass on to the Czech Republic where such a decision has not been recognised by the competent authority of another Member State of the European Union on the ground that a judgment has already been given to the same person in the same case for the same act or has been given and enforced in another State; or
(b) the decision sent has not been enforced in that other Member State of the European Union or has been enforced only partly because of the amnesty, grace or other decision, measure or fact which has made the recognised decision or part thereof inoperable in that other Member State.
(2) The right to enforcement of decisions on criminal penalties and transactions shall, for the reasons referred to in paragraph 1, be transferred to the Czech Republic in so far as that decision has not been enforced by another Member State of the European Union which has been requested to recognise and execute it.
Common provision
(1) In proceedings for the recognition and enforcement of decisions of another Member State of the European Union on financial penalties and transactions and on the transmission of decisions on financial penalties and transactions to another Member State of the European Union for the purposes of recognition and enforcement, the Regional Court may request the Ministry of Justice to cooperate in the detection of the necessary information, in particular the identification of the competent authority of another Member State to which a judgment on financial penalties and transactions is to be sent, or the verification of the conditions laid down in the law of that other Member State for the recognition and enforcement of decisions on financial penalties and transactions.
(2) The funds obtained by the execution of the decision referred to in Paragraph 460o (1) which belongs to the State belong to the State which carried out the decision referred to in Paragraph 460o (1), unless otherwise agreed between the Member States concerned. The funds obtained by the execution of a recognised decision of another Member State of the European Union on the penalties and transactions referred to in Paragraph 460o (1) (b) shall belong to the injured party. If the costs are not reimbursed by the State, the funds obtained by the execution of a recognised decision of another Member State of the European Union on the penalties and transactions referred to in Paragraph 460o (1) (c) shall belong to the person who has been granted the reimbursement of those costs.
(3) The Agreement referred to in paragraph 2 may be concluded by the Ministry of Justice. The Court of First Instance, having jurisdiction pursuant to § 460p and 460w, may make an application to the Ministry of Justice to conclude such an agreement.
(4) The costs of the enforcement proceedings are borne by the State which recognised and implemented the decision referred to in Paragraph 460o (1).
6) Council Framework Decision 2005 / 214 / JHA of 24 February 2005 on the application of the principle of mutual recognition of criminal penalties and fines.
7) The Annex to Council Framework Decision 2005 / 214 / JHA of 24 February 2005 on the application of the principle of mutual recognition of criminal penalties and fines.
8) Article 16 (1) of Council Framework Decision 2005 / 214 / JHA of 24 February 2005 on the application of the principle of mutual recognition of criminal penalties and fines. '
Amendment to the Penal Register Act
In Section 4 of Act No. 269 / 1994 Coll., on the Register of Penalties, as amended by Act No. 253 / 2006 Coll., paragraph 1, including footnote 2, reads:
"(1) The record of the Register of Penalties shall also include data on convictions by a foreign court, where the court responsible under special legislation has decided to recognise the decision of such a court (2) and the recognised decision has been given by the foreign court for criminal offences and under the law of the Czech Republic.
2) Sections 452, 458 and 460p of the Code of Criminal Procedure. '
Amendment of the Judicial Act on Youth Affairs
Act No. 218 / 2003 Coll., on the responsibility of young people for unlawful acts and on the judiciary in youth matters and on the amendment of certain laws (Law on the judiciary in youth matters), as amended by Act No. 383 / 2005 Coll. and Act No. 253 / 2006 Coll., is amended as follows:
1. In Article 26 (3), the first sentence, including footnote 14, reads: "An expulsion from one to five years may be imposed by the youth court only under the conditions laid down in criminal law (14); In addition, a minor who is a citizen of the European Union must be subject to the condition that, by not imposing such a type of criminal measure, there is a serious threat to the security of the state or public order or that expulsion is in the best interest of such a minor.
14) Paragraph 57 of the Criminal Code. '.
2. In the second sentence of Paragraph 26 (3), the words "It shall also take account 'shall be replaced by the words" The youth court shall also take account of the best interests of the juvenile, in particular', when imposing expulsion.
3. The following Section 75a is inserted after Section 75:
Enforcement of expulsion criminal measures
If a minor who is a citizen of the European Union has not been expelled within two years of the final imposition of a criminal measure of expulsion, the President of the Chamber of the Youth Court shall verify that the facts for which the expulsion penalty cannot be imposed have not occurred. '
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 345 / 2007 Coll., amending 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 | 21.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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