Act No. 390 / 2012 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, and some other laws
Valid
Law
Effective from 08.12.2012
390
THE LAW
of 6 September 2012
amending Act No. 40 / 2009 Coll., Penal 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. 458 / 2011 Coll. and Act No. 193 / 2012 Coll., is amended as follows:
1. In Paragraph 55, at the end of paragraph 2, the sentence "For the offence of malpractice in compulsory nutrition as referred to in Paragraph 196 (1) or (2), an unconditional custodial sentence may be imposed only on condition that the imposition of such a sentence requires effective protection of society or there is no hope that the perpetrator can be corrected by another punishment."
2. After Paragraph 57, the following Section 57a is inserted:
Transforming a prison sentence into a house arrest
The court may, after the execution of half of the sentence imposed or as decided by the President of the Czech Republic, turn the sentenced person for the offence into a prison sentence if the sentenced person after the legal power of the sentence, in particular in the execution of the sentence by his behaviour and performance of his duties, has shown improvement and may be expected to lead a proper life in the future. In turning a prison sentence into a house arrest, each day of the outstanding remainder of the prison sentence shall be counted as one day of the house arrest; the maximum court sentence laid down in Paragraph 60 (1) shall not be imposed. ';
3. In Article 65 (2) (a), the words "and, in the event that the execution of such a sentence is thwarted, to provide for an alternative sentence of imprisonment which may not be more stringent than that which would threaten the perpetrator in the event of the conversion of a sentence of general benefit into a sentence of imprisonment; 'shall be replaced by a comma and the word' or 'shall be deleted.
4. in Article 65 (2), the following point (b) is inserted after point (a):
"(b) in a financial penalty and in the event that such a penalty would not be enforced within the prescribed time limit, provide for an alternative custodial sentence which may not be more stringent than that which would threaten the perpetrator in the event of the conversion of a sentence of general benefit into a custodial sentence, or"
Point (b) shall be renumbered (c).
5. In Paragraph 69, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) If, within the time limit laid down, the offender fails to perform a financial penalty, the court may convert him
(a) under the conditions of Paragraph 60 (1) in the sentence of house arrest; or
(b) the punishment for community service.
(3) If the offender does not lead a proper life from the time when the cash penalty is converted into a house arrest or a public service sentence until the end of the sentence, he shall avoid the entry into force of the sentence or, without serious reason, infringe the conditions laid down for its execution, otherwise he or she shall not exercise the sentence within the prescribed period of time, the court shall convert him or her into a replacement custodial sentence imposed pursuant to paragraph 1. ';
Paragraph 2 shall become paragraph 4.
6. Paragraph 88 (1) and (2) read:
"(1) The court may suspend the sentenced if the sentenced person, after the legal power of the judgment, in particular in the execution of the sentence by his behaviour and by carrying out his duties, has shown improvement and is expected to lead a proper life in the future, or the court accepts a guarantee for the completion of the sentence; and
(a) the sentenced has carried out at least half of the sentence imposed or as decided by the President of the Czech Republic, or
(b) the sentenced, who has not been convicted of a particularly serious crime and who has not yet been in the execution of a prison sentence, has executed at least one third of the sentence imposed or, as decided by the President of the Czech Republic, a reduced prison sentence.
(2) If the convicted person has demonstrated by his standard conduct and performance of his duties that no further execution of the sentence is necessary, the court may, on condition, release him even before having carried out part of the prison sentence required for the suspension referred to in paragraph 1. The court will not comply with the motion of the prison director to release the sentenced to freedom only if it is obvious that the sentenced would not lead a proper life after his release. "
7. In Paragraph 88 (3), the first sentence is: "In deciding on the conditional release of a convicted person for a crime, the Court of First Instance shall also take into account whether the sentenced has entered into the execution of the sentence in good time and whether he has partially or completely compensated or otherwise compensated for damage or other damage caused by a criminal offence, or whether he has rendered an unjustified enrichment obtained by a criminal offence."
8. In the second sentence of Paragraph 89 (2), the word "deposit 'is replaced by" may deposit'.
9. Paragraph 91 (1) reads as follows:
"(1) If a suspended or sentenced person who has been suspended from carrying out the remainder of the sentence of the prohibition of activity, the prohibition of residence or the prohibition of entry into sports, cultural and other social events has led a probationary life and has complied with the conditions imposed, the court shall state that it has proved its worth; otherwise decide, if necessary during the probationary period, that the remainder of the sentence shall be executed. Exceptionally, the court may, in view of the circumstances of the case and of the person convicted, retain the conditional release or suspension of the remainder of the sentence of the prohibition of activity, the prohibition of residence or the prohibition of entry into sports, cultural and other social events in force, even if the sentenced has given cause to decide that the remainder of the sentence will be executed, and
(a) to lay down unimposed supervision of the sentenced;
(b) adequately extend the trial period, but not by more than two years, without exceeding the upper limit of the trial period set out in Article 89 (1) or Article 90 (2); or
(c) lay down the reasonable restrictions and obligations referred to in Article 48 (4) which are not yet imposed to lead a proper life. ';
10. In Paragraph 196 (1), "two years' is replaced by" one year '.
11. in Article 196 (2), "six months to three years" is replaced by "up to two years."
12. in Paragraph 196 (3):
"(3) By withdrawing liberty for six months to three years, the perpetrator shall be punished if the action referred to in paragraph 1 or 2 gives the person entitled to an emergency. ';
13. After Paragraph 196, the following Section 196a is inserted:
Specific provisions on penalties
The court may impose on the criminal offence of malpractice of compulsory nutrition (§ 196) as a reasonable restriction and proportionate obligation referred to in § 48 (4), as well as a reasonable restriction to refrain from driving motor vehicles. This reasonable restriction shall be imposed by the court in particular where it is reasonable to fear that the obligation to pay the maintenance due shall be undermined or made more difficult. ';
14. In Paragraph 337 (1) of the final part of the provision, the words "three years' are replaced by the words" two years'.
15. in Paragraph 358 (1):
"(1) Those who commit public or public gross indecency or disorderly conduct, particularly by attacking another, defamatory grave, historical or cultural monument, or in a gross manner abolishing the preparation, course or conclusion of an organised sport match, assembly or ceremony, shall be punished by deprivation of liberty for up to two years."
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5, Act No. 5 / 2006, Act No. 99, Act No. 5, Act No. 99, Act No. 99, Act No. 99, Act No. 5 / 2006, Act No. 99, Act No. 99, Act No. 5, Act No 1999, Act No. 5, No 2006, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, No.
1. In Paragraph 125, the sentence "If the court imposes an unconditional penalty for an offence referred to in Paragraph 55 (2) of the Criminal Code, the judgment shall be interpreted as to what consideration it was made in this decision and why it was not possible to impose a penalty directly unrelated to the withdrawal of liberty."
2. In the first sentence of Paragraph 228 (4), the words "criminal" shall be inserted after the word "defendant."
3. the last sentence of paragraph 5 of 314e shall be deleted;
4. In Article 331 (1), the words "suspension of imprisonment for crime 'and the words" one year' are replaced by the words "six months' after the words" on the holding of a public meeting '.
5. In Article 332 (1), the words "when the guarantee is withdrawn by a citizen interest association 'are deleted.
6. The following Section 333b is inserted after Section 333a:
Transforming a prison sentence into a house arrest
(1) The court, acting on a proposal from the prosecutor or the director of the prison in which the sentence is carried out, shall decide on the conversion of the sentence of imprisonment into a house arrest, at the request of the sentenced person or without such a request, in a public session.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
7. In the title of Section 340b, the word "or 'is replaced by" in cash or in penalty'.
8. In the first sentence of Paragraph 340b (1), the words "in cash punishment" shall be inserted after the word "prison."
9. In Paragraph 344, the following paragraph 2 is inserted after paragraph 1:
"(2) The President of the Chamber shall decide on the conversion of a cash penalty or the remainder of it into a house arrest or a public service sentence. '.
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
10. In Article 344 (3), "paragraph 1 'is replaced by" paragraph 1 or 2';
11. in Article 344 (5), "3" is replaced by "4."
12. The following Section 359 is inserted after Section 358, which includes the title:
Absence of a reasonable restriction on stalling of motor vehicles
(1) At the request of the sentenced court, the court shall decide, in a public sitting, to refrain from a reasonable restriction on the suspension of driving, imposed on the offence of malpractice (§ 196 of the Criminal Code), where the defendant has paid the maintenance due. The Court of First Instance may waive a reasonable restriction in a private sitting where it is justified to grant the request for evidence and evidence contained in the file.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
Amendment of the Judicial Act on Youth Affairs
Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters), as amended by Act No. 383 / 2005 Coll., Act No. 253 / 2006 Coll., Act No. 345 / 2007 Coll., Act No. 129 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 301 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 459 / 2011 Coll. and Act No. 193 / 2012 Coll., are amended as follows:
1. In the title of Section 26, the words "house arrest" shall be inserted after the words "General service."
2. In Paragraph 26, the following paragraph 2 is inserted after paragraph 1:
"(2) Under the conditions laid down in the Penal Code, the Youth Court may impose a juvenile house arrest. The upper limit of the rate of this criminal measure in a minor must not exceed half the upper limit laid down in the penal code. In addition to criminal measures, the youth court may impose appropriate educational measures. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
3. In Paragraph 78 (1), the word "a third 'shall be inserted after the word" his'.
4. In Paragraph 78 (2), the words "for convicted persons for up to three years and for convicted persons for a crime" shall be inserted after the word "period."
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on the operation of roads and on amendments to certain laws (Act on Road Traffic), as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 133 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 264 / 2008 Coll., Act No. 229 / 2005 Coll., Act No. 170 / 2007 Coll., Act No. 215 / 2007 Coll., Act No. 374 / 2007 Coll., Act No. 264 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 170 / 2007 Coll.
1. In Paragraph 82 (1) (f), the words "vehicles or 'are replaced by the words" vehicles, a person who has not been subject to a reasonable restriction in criminal proceedings in order to refrain from driving motor vehicles or a person who'.
2. In Paragraph 94a (1), the words "imposing an adequate restriction on the suspension of driving of motor vehicles' shall be inserted after the words" a prohibition on driving motor vehicles'.
3. In Article 102 (1), the words "after the execution of the sentence or after the expiry of the probationary period of suspension with supervision, within which a reasonable restriction on the suspension of driving of motor vehicles has been imposed, or after the decision to waive that reasonable restriction," shall be inserted after the word "Regulation 31b."
4. In Article 102 (2) (d), the words', the date of termination of the sentence, in which an adequate restriction on the retention of motor vehicles has been imposed, the date on which the decision to waive that reasonable limitation is taken, the date on which the decision on the trial period of suspension of a certificate is deemed to have taken place, or the date on which the certificate is deemed to have taken place at that time 'shall be inserted after the words'.
5. In Article 102 (3) (b), the words "the sentence under which an appropriate restriction on the driving of motor vehicles has been imposed on the applicant or which has been waived from punishment with supervision under which an adequate restriction on the driving of motor vehicles has been imposed 'and the words" the penalty' shall be inserted after the word "or an adequate restriction on the driving of motor vehicles'.
6. In Article 102 (5), the words', the sentence under which the applicant has been placed a reasonable restriction on driving or has been waived from being punished with supervision by imposing an adequate restriction on driving 'shall be inserted after the words "a restriction on driving'.
7. In Article 113 (1) (b), the words', the sentence under which a reasonable restriction on the holding of motor vehicles has been imposed or the suspension of the penalty with the supervision of which a reasonable restriction on the holding of motor vehicles has been imposed shall be inserted after the words "a prohibition on driving vehicles'. ';
8. In Article 119 (2) (j), the words', on reasonable restrictions on the abstention of the driving of motor vehicles imposed in criminal proceedings' shall be inserted after the word 'offences'.
EFFECTIVE
This Law shall take effect on 1 October 2012.
Germany
Nausea v. r.
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Regulation Information
| Citation | Act No. 390 / 2012 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2012 |
|---|---|
| Effective from | 08.12.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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