What is Act No. 41 / 2009 Coll.?

Act No. 41 / 2009 Coll., on the amendment of certain laws in connection with the adoption of the Criminal Code — Act on the amendment of certain laws in connection with the adoption of the Criminal Code.

When it became Act No. 41 / 2009 Coll. effectiveness?

Act No. 41 / 2009 Coll. became effective 01.01.2010.

Is Act No. 41 / 2009 Coll. still valid?

Yes, Act No. 41 / 2009 Coll. is still valid and effective.

Act No. 41 / 2009 Coll.

Act on the amendment of certain laws in connection with the adoption of the Criminal Code

Valid Effective from 01.01.2010

ČÁST PRVNÍ Čl. I „§ 17 „§ 178a „§ 213 „Oddíl třetí § 334a § 334b § 334c § 334d § 334e § 334f § 334g „§ 336 „§ 337 „§ 343 § 350i § 350j „§ 353 „§ 354 § 355 § 356 § 357 ČÁST DRUHÁ Čl. II „§ 2 „§ 21 „§ 27 „§ 93 ČÁST TŘETÍ Čl. III ČÁST ČTVRTÁ Čl. IV ČÁST ŠESTÁ Čl. VI ČÁST SEDMÁ Čl. VII ČÁST OSMÁ Čl. VIII ČÁST JEDENÁCTÁ Čl. XI ČÁST TŘINÁCTÁ Čl. XIV ČÁST ČTRNÁCTÁ Čl. XV ČÁST SEDMNÁCTÁ Čl. XVIII ČÁST OSMNÁCTÁ Čl. XIX ČÁST DEVATENÁCTÁ Čl. XX ČÁST DVACÁTÁ Čl. XXI ČÁST DVACÁTÁ PRVNÍ Čl. XXII ČÁST DVACÁTÁ DRUHÁ Čl. XXIII „§ 11 ČÁST DVACÁTÁ TŘETÍ Čl. XXIV ČÁST DVACÁTÁ PÁTÁ Čl. XXVI ČÁST DVACÁTÁ ŠESTÁ Čl. XXVII ČÁST DVACÁTÁ SEDMÁ Čl. XXVIII ČÁST DVACÁTÁ DEVÁTÁ Čl. XXX ČÁST TŘICÁTÁ Čl. XXXI ČÁST TŘICÁTÁ DRUHÁ Čl. XXXIII ČÁST TŘICÁTÁ TŘETÍ Čl. XXXIV ČÁST TŘICÁTÁ PÁTÁ Čl. XXXVI ČÁST ČTYŘICÁTÁ ŠESTÁ Čl. XLVII ČÁST ČTYŘICÁTÁ SEDMÁ Čl. XLVIII ČÁST ČTYŘICÁTÁ OSMÁ Čl. XLIX ČÁST ČTYŘICÁTÁ DEVÁTÁ Čl. L ČÁST PADESÁTÁ Čl. LI ČÁST PADESÁTÁ PRVNÍ Čl. LII ČÁST PADESÁTÁ DRUHÁ Čl. LIII ČÁST PADESÁTÁ TŘETÍ Čl. LIV ČÁST PADESÁTÁ ČTVRTÁ Čl. LV ČÁST PADESÁTÁ PÁTÁ Čl. LVI ČÁST PADESÁTÁ ŠESTÁ Čl. LVII ČÁST PADESÁTÁ SEDMÁ Čl. LVIII ČÁST PADESÁTÁ DEVÁTÁ Čl. LX ČÁST ŠEDESÁTÁ Čl. LXI ČÁST ŠEDESÁTÁ PRVNÍ Čl. LXII ČÁST ŠEDESÁTÁ DRUHÁ Čl. LXIII ČÁST ŠEDESÁTÁ TŘETÍ Čl. LXIV ČÁST ŠEDESÁTÁ ČTVRTÁ Čl. LXV ČÁST ŠEDESÁTÁ ŠESTÁ Čl. LXVII ČÁST ŠEDESÁTÁ SEDMÁ Čl. LXVIII ČÁST ŠEDESÁTÁ OSMÁ Čl. LXIX ČÁST ŠEDESÁTÁ DEVÁTÁ Čl. LXX ČÁST SEDMDESÁTÁ Čl. LXXI ČÁST SEDMDESÁTÁ PRVNÍ Čl. LXXII ČÁST SEDMDESÁTÁ DRUHÁ Čl. LXXIII ČÁST SEDMDESÁTÁ TŘETÍ Čl. LXXIV ČÁST SEDMDESÁTÁ ČTVRTÁ Čl. LXXV ČÁST SEDMDESÁTÁ PÁTÁ Čl. LXXVI ČÁST SEDMDESÁTÁ ŠESTÁ Čl. LXXVII ČÁST SEDMDESÁTÁ SEDMÁ Čl. LXXVIII ČÁST SEDMDESÁTÁ OSMÁ Čl. LXXIX ČÁST SEDMDESÁTÁ DEVÁTÁ Čl. LXXX ČÁST OSMDESÁTÁ Čl. LXXXI ČÁST OSMDESÁTÁ PRVNÍ Čl. LXXXII ČÁST OSMDESÁTÁ DRUHÁ Čl. LXXXIII ČÁST OSMDESÁTÁ TŘETÍ Čl. LXXXIV ČÁST OSMDESÁTÁ ČTVRTÁ Čl. LXXXV ČÁST OSMDESÁTÁ PÁTÁ Čl. LXXXVI ČÁST OSMDESÁTÁ ŠESTÁ Čl. LXXXVII ČÁST OSMDESÁTÁ SEDMÁ Čl. LXXXVIII ČÁST OSMDESÁTÁ OSMÁ Čl. LXXXIX ČÁST OSMDESÁTÁ DEVÁTÁ Čl. XC ČÁST DEVADESÁTÁ Čl. XCI ČÁST DEVADESÁTÁ PRVNÍ Čl. XCII ČÁST DEVADESÁTÁ DRUHÁ Čl. XCIII ČÁST DEVADESÁTÁ TŘETÍ Čl. XCIV

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THE LAW

of 8 January 2009

amending certain laws in connection with the adoption of the Criminal Code

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Code of Criminal Procedure

Čl. I

Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006.

1. In Article 8 (2), "Section 178 of the Criminal Code 'is replaced by" Section 180 of the Criminal Code'.

„§ 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 exceptional penalties may be imposed. On criminal offences

(a) the unauthorised removal of tissues and organs, the illicit treatment of tissues and organs, the collection of tissue, the organ and the execution of transplantation against payment, the illicit treatment of human embryos and human genome, human trafficking;

(b) committed through investment vehicles which are admitted to trading on a regulated market or for which admission to trading on a regulated market has been requested, or counterfeit or imitation thereof, where their legal character is to cause significant damage or gain significant benefits;

(c) infringements of the rules on competition, handling of the investment instrument course, misuse of information and position in trade, damage to the European Communities' financial interests, infringements of the rules on the control of exports of dual-use goods and technology, infringements of the obligations to export dual-use items and technology, distortion of data and failure to provide supporting documents concerning the export of dual-use items and technology, conduct of foreign trade in military material without authorisation or licence, infringement of the obligation to issue permits and licence for foreign trade in military material, distortion of data and failure to provide supporting documents concerning foreign trade in military material, development, manufacture and possession of prohibited means of combat; and

(d) sabotage, abuse of state representation and international organisations, espionage, threats to classified information, cooperation with the enemy, peace-threatening contacts, use of prohibited means of combat and illegal conduct, looting in the area of war operations;

if the lower limit of imprisonment is lower.

(2) The Regional Court shall, at the first stage, also conduct proceedings for partial attacks on an ongoing offence where, in accordance with the procedure laid down in Article 45 of the Criminal Code, the decision on the guilt of one of the offences referred to in paragraph 1 is taken into account in that proceedings. "

3. Paragraph 36 (4) reads as follows:

"(4) The defendant must also have an attorney

(a) in the main trial of the simplified procedure against the detainee;

(b) in a procedure in which a decision is taken to impose or alter a protective detention or to impose or alter a protective treatment, with the exception of a protective treatment for alcohol;

(c) if he is to comment on the waiver of the right of application of the principle of speciality in post-extradition proceedings;

(d) in an extradition or surrender procedure to another Member State of the European Union;

(e) in a procedure for further transmission to another Member State of the European Union; or

(f) in proceedings for the recognition and enforcement of a foreign decision, in proceedings for the recognition and enforcement of a decision of another Member State of the European Union on criminal penalties and transactions to which a financial penalty or fine has been imposed, and in proceedings for the recognition and enforcement of a decision of another Member State of the European Union on the forfeiture or prevention of property. "

4. in Article 44a (1) (a), the word "or" shall be deleted;

5. in Article 44a (1), at the end of point (b), the dot is replaced by a comma and the following points (c) and (d) are added:

"(c) the sentenced has been released from or escaped from the exercise of protective treatment; or

(d) the sentenced has been released from or escaped from the exercise of the security detention. "

6. Paragraph 62 (1), including footnote 1b, reads:

"(1) If the document has not been served in criminal proceedings, it shall be served by the law enforcement authority in the data box 1b). If it is not possible to deliver the document in this way, it shall be served by the law enforcement authority itself or through the postal service operator (hereinafter referred to as" post office ') and, if such service would not be successful, by the local authority. If they deliver the document themselves to the court or prosecutors, they shall do so by their service providers or judicial guards. If the document cannot be served in this way, it shall be served through the competent police authority. In cases provided for in specific regulations, the criminal authority shall be served by the Ministry of Justice or by another designated authority.';

footnote 1b:

"1b) Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents. '.

7. In Paragraph 71 (8) (c), the words "intentional crime 'are replaced by the words" crime'.

8. In Article 71 (8) (d), the words "criminal offence 'are replaced by the words" crime' and the words "specific parts' are deleted. ';

9. In Section 71a, the words "intentional crime 'are replaced by the words" crime'.

10.Paragraph 73a (1) reads as follows:

"(1) If the reason for the detention referred to in Article 67 (a) or (c) is given, the authority responsible for the detention may also leave the defendant free or release him if it accepts a composite cash guarantee which it has determined. Article 13 of the Criminal Code (§ 140 of the Criminal Code), a criminal offence (§ 145 of the Criminal Code), a criminal offence (§ 4 of the Criminal Code), a criminal offence (§ 149 (3), a criminal offence (§ 168 of the Criminal Code), a criminal offence (§ 173 (4) of the Criminal Code), a criminal offence (§ 174 (3) of the Criminal Code), a criminal offence (§ 185 (3), a criminal offence (§ 290 of the Criminal Code), a criminal offence (§ 187 (3) of the Code), a criminal hazard under § 272 (2), (3) of the Criminal Code, an acquisition of control of an air carrier, a civil vessel (§ 280 of the Criminal Code), an illegal production and other treatment of omani and psychotropic substances (§ 283). With the consent of the defendant, another person may lodge a cash guarantee, but must be aware of the nature of the charge and the facts in which the reason for the detention is found before it is accepted. '

11. in Paragraph 88 (1), the words "particularly serious intentional crime" shall be replaced by "particularly serious crime."

12. In Article 88 (5), the words "criminal offence of violence against a population group and against an individual (§ 196 and 197a), kidnapping pursuant to § 216 (1), trafficking in children pursuant to § 216a (1), extortion pursuant to § 235 (1) or restriction of personal liberty pursuant to § 231 (1) and (2) of the Criminal Code" shall be replaced by the words "criminal offence of trafficking in human beings (§ 168 of the Criminal Code), trafficking in the power of another (§ 169 of the Criminal Code), restriction of personal freedom (§ 171 of the Criminal Code), extortion of a child and persons affected by mental disorder (§ 200 of the Criminal Code), violence against a group of residents and individuals (§ 352 of the Criminal Code) or dangerous threat (§ 353 of criminal law)."

13. In Paragraph 88 (9), the words "particularly serious intentional crime 'are replaced by the words" particularly serious crime'; the words "for the benefit of a criminal organisation 'are replaced by the words" for the benefit of an organised criminal group' and the words "participation in a criminal organisation 'are replaced by the words" participation in an organised criminal group' (Section 361 of the Criminal Code).

14. in Paragraph 89 (1) (c), the words "the danger of an act" are replaced by the words "the nature and gravity of the act."

16. In Article 120 (3), the words "whether it is a crime or an offence, and" shall be inserted after the words "but also by indication."

17. in Paragraph 122 (1):

"(1) The judgment shall contain a statement on the sentence, stating the legal provisions under which the sentence has been imposed, or under which the sentence has been waived and, if there is a conditional waiver from the sentence with supervision, a statement on the determination of the probationary period and its duration. If the offender has been overseen, it must be clear from the judgment's statement whether supervision is to be exercised within the scope laid down by the criminal law or whether additional reasonable restrictions or obligations are imposed on the offender. If a penalty has been imposed, the execution of which may be suspended, the judgment must also contain a statement on whether the suspension has been authorised and, where appropriate, on what conditions it is bound. Where an unconditional prison sentence has been imposed, the judgment shall contain a statement on the manner in which that sentence is to be enforced. If the convicted offender is a criminal offence committed for the benefit of an organised criminal group, the verdict must also be included in the judgment. '

18. At the end of Paragraph 124, the sentence "If a common sentence is imposed for the continuation of a criminal offence, the court must indicate those earlier judgments in which it abolishes the statement of guilt, the continuing offence and the offences committed with it in a single case, the whole sentence of the sentence, as well as the other statements of guilt, and replace them with new statements, including the statement of a joint sentence for the continuation of the offence. '

19. In Article 125 (1), the following sentence is inserted after the sentence of the second sentence: "When justifying the sentence to be imposed, the following considerations shall be given as to the nature and gravity of the offence, how it has assessed the nature and gravity of the offence in terms of the importance of the particular protected interest which has been affected by the act, the manner in which the offence has been committed, the circumstances in which the offence was committed, the degree of the offender, the degree of his guilt and his intention or his purpose, as well as the mitigating and aggravating circumstances, the time since the offence had been committed, any change in the situation and duration of the criminal proceedings, if there has been a disproportionate period of time, when considering the complexity of the matter, the action of the criminal proceedings, the procedure, the action of the action and the conduct of which it has contributed; he shall also indicate how he has taken into account the personal, family, property and other circumstances of the offender, his life-to-life, the behaviour of the offender after the crime, in particular any attempt to compensate for damage or other harmful consequences of the crime, and, if he has been identified as cooperating, how he has contributed significantly to the clarification of a particularly serious crime committed by members of the organised group or for the benefit of an organised criminal group, or has helped to prevent or prevent the trial or completion of such a crime. ';

20. In Article 158 (6), the words "a particularly serious offence 'are replaced by" a crime'.

21. Paragraph 158 (8) reads:

"(8) If the person's resignation is a matter of urgent or unrepeatable action, the police authority shall hear it as a witness under the conditions set out in Paragraph 158a. As a witness, a person under the age of 15 will also be heard, and a person whose ability to properly and completely perceive, memorize or reproduce is doubtful due to his mental state. Where it can be assumed that a further examination of a criminal notice or other complaint for prosecution will take a longer time, in particular because a person who is sufficiently justified by the conclusion that he has committed the offence has not been found to have been found to have committed the offence and as a result there is no possibility of prosecution and the loss of the evidentiary value of the statement may be heard as a witness and the person whose statement is of decisive importance for the initiation of the criminal prosecution, in particular because the facts established that such a person could be put under pressure for that person's testimony, or for any other reason, it may be affected. Where the interviews of such persons have not been re-carried out after the start of the prosecution pursuant to Paragraph 164 (4), the minutes of the hearing in the main trial may only be read in accordance with § 211 (1) (2) (a), (3) (b), (c); otherwise they may only be presented in accordance with § 212. '

22. in Paragraph 158e (1):

"(1) Where criminal proceedings are conducted for a particularly serious crime, for a crime committed for the benefit of an organised criminal group, for a criminal offence of acceptance of a bribe (Section 331 of the Criminal Code), for a criminal offence of bribery (Section 332 of the Criminal Code), for a criminal offence of indirect bribery (Section 333 of the Criminal Code), or for any other intentional offence committed by the declared international treaty, which the Czech Republic is bound to prosecute, the police authority, if it is the Police Department of the Czech Republic, is entitled to use an agent. '

23. In Paragraph 159a, the following paragraph 4 is inserted:

"(4) The prosecutor may defer the case if the results of the examination indicate that the circumstances referred to in § 172 (2) (c) have occurred. ';

Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.

24. In Paragraph 159a (6), "2 to 4 'is replaced by" 1 to 5'.

25. in Article 159a (7), "5" is replaced by "6."

26. in Article 159b (1), the words "criminal organisation" shall be replaced by "organised criminal groups."

27. in Paragraph 161, the following paragraph 6 is inserted after paragraph 5:

"(6) An investigation into the crimes of members of the armed forces committed in the performance of their duties abroad may also be carried out by an authorised military police authority."

Paragraph 6 shall become paragraph 7.

28. Paragraph 163 (1) reads as follows:

"(1) Article 2 of the Criminal Code is a criminal offence, a criminal offence, a criminal offence (§ 147 of the Criminal Code), a criminal offence (§ 148 of the Criminal Code), a criminal offence (§ 150 of the Criminal Code), a criminal offence (§ 208 of the Criminal Code), a criminal offence (§ 151 of the Criminal Code), a criminal offence (§ 155 of the Criminal Code), a criminal offence (§ 171 of the Criminal Code), a criminal offence (§ 207 of the Criminal Code), a criminal offence (§ 175 of the Criminal Code), a violation of foreign rights (§ 178 of the Criminal Code), a criminal offence (§ 181 of the criminal law), a criminal offence (§ 183 of the criminal law), a criminal law (§ 186 of the criminal law), a sexual abuse (§ 186 of the criminal law), a criminal law (§ 205 of the criminal law). If there are a few damaged by one act, only one of them is satisfied. '

31. in § 172 (2) (c):

"(c) where, in view of the importance and extent of the infringement or threat to the protected interest which has been affected, the manner in which the action is carried out and its consequences, or the circumstances in which the action was committed, and the conduct of the accused after the act has been committed, in particular in order to make good the damage or other harmful consequences thereof, it is clear that the purpose of the criminal proceedings has been achieved."

32. The following Section 178a is inserted after Section 178:

„§ 178a

Cooperating defendant

(1) In a particularly serious crime trial, the prosecutor in the prosecution may designate the defendant as cooperating if the defendant:

(a) notify the public prosecutor of facts which are capable of making a significant contribution to the clarification of such a crime committed by members of an organised group, in conjunction with an organised group or for the benefit of an organised criminal group, or which will help prevent the completion of such a crime, and undertake to give a full and true statement both in the preparatory and trial proceedings,

(b) confess to the act for which he is prosecuted, without reasonable doubt that his confession has been made freely, seriously and certainly; and

and where the prosecutor considers that such a designation is necessary because of the nature of the offence which the defendant has committed to clarify, including taking into account the offence referred to in the confession of the defendant, the person accused and the circumstances of the case, in particular whether and how the defendant has been involved in the commission of the offence which he has committed and the consequences of his actions.

(2) Before designating the defendant as cooperating, the prosecutor shall, in particular, hear him on the content of the notification and on his confession. The defendant shall also be heard as to whether he is aware of the consequences of his action. Before questioning the defendant, the prosecutor shall inform the defendant of his rights, the substance of the designation as the cooperating defendant, the obligation to maintain his or her confession and to comply with his or her obligations referred to in paragraph 1, as well as the fact that, once the defendant has infringed his or her obligations in the preparatory or trial. ';

33. § 213 reads:

„§ 213

(1) The opinions, reports of state and other bodies and other documents and other factual evidence shall be presented to the parties in the main proceedings for inspection and, where necessary, for inspection by witnesses and experts.

(2) If either party proposes to read the instrument referred to in paragraph 1, the court shall be required to read the instrument at the main trial. '

34. in Paragraph 224 (5):

"(5) The Court of First Instance shall suspend the prosecution if it considers that a law the use of which is relevant for the decision on guilt and punishment in a given criminal case is contrary to the constitutional order and shall bring the matter before the Constitutional Court. ';

35. In the heading above Section 239, the words "or other assets' shall be inserted after the words" goods'.

36. in Article 265m (1) (c), '15 to 25' is replaced by '20 to 30';

37. in Article 266 (2), the words "to the degree of danger to society" shall be replaced by the words "to the nature and gravity of the offence."

38. in Article 271 (1) (c), the words' 15 to 25 years' shall be replaced by '20 to 30 years';

39. In Article 278 (1), the words "to the degree of danger to society 'are replaced by the words" to the nature and gravity of the offence' and the words "to Article 26 (6) and (7) of the Criminal Code 'are replaced by the words" Article 48 (6) and (7) of the Criminal Code'.

40. In Article 307 (1), the words "an offence to which the law provides for a custodial sentence whose upper limit does not exceed five years' shall be replaced by" an offence '.

41. In the first sentence of Article 309 (1), the words "an offence to which the law provides for a custodial sentence not exceeding five years' shall be replaced by" an offence '.

42.In Article 309 (1) (b), the words "criminal offence" are replaced by "criminal offence."

43. In Paragraph 309 (1) (c), the words "criminal offence" are replaced by the words "offence."

44. In Section 309 (1) of the final part of the provision, the words "criminal offence 'are replaced by the words" criminal offence'.

45. in Article 311 (1), the words "offence" shall be replaced by the words "offence" and "offence";

46. in Article 314a (2), the words "or joint sentence" shall be inserted after the words "collective sentence."

47. in Article 314e (2), the following point (b) is inserted after point (a):

"(b) house arrest within one year,"

Points (b) to (g) shall be renumbered (c) to (h).

48. in Article 314e (2) (f), the words "or other property values" shall be inserted after the words "forfeiture."

49. in Article 314e (2), the following point (i) is added:

"(i) the penalty for not entering sports, cultural and other social events within five years."

50. in Paragraph 314e, the following paragraph 3 is inserted after paragraph 2:

"(3) The sentence of public service work may be imposed by a penal order only upon prior request by a probation officer, which shall include a finding on the possibility of the execution of that sentence and the medical fitness of the defendant, including the opinion of the defendant to impose that kind of punishment. The punishment for community service shall be imposed taking into account this report. ';

Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.

51. In Paragraph 314e, the sentence "If a house sentence is imposed in addition to a cash penalty, the sum of the replacement sentences imposed in connection with those sentences shall not exceed one year."

52. In Article 314e (5) (c), the words "or joint sentence" shall be inserted after the words "collective sentence."

53. In § 320 (3), the words "(§ 39a and § 81 (3))" shall be deleted.

54. In Article 330 (1), "Paragraph 60 (1) of the Criminal Code 'is replaced by" Paragraph 83 (1) of the Criminal Code'.

55. In Paragraph 331 (1), the sentence "The application for suspension of imprisonment under Paragraph 88 (2) of the Criminal Code may be lodged by the defendant only if it is accompanied by a positive opinion from the warden that the sentenced has demonstrated by his standard conduct and compliance with his obligations that no further execution of the sentence is necessary; otherwise the court shall not decide on such a request and shall refer it back to the defendant with instructions on the need to attach the said opinion to him. ';

56. In Paragraph 331, the following sentence is added at the end of paragraph 5: Where it has been decided that a suspended sentenced person on trial must carry out work for the benefit of municipalities, state or other public institutions, the provisions of § 336 to 339 shall apply mutatis mutandis to the procedure for the exercise of that obligation. Where it has been decided that a suspended sentenced person may, on behalf of the court, lodge an amount for the financial assistance to victims of crime, the President of the Chamber may, at the request of the sentenced person for important reasons:

(a) postpone the composition of that amount for a maximum period of six months from the date on which the decision became final; or

(b) authorise the payment of this amount in monthly instalments so that it is paid in full no later than the end of the specified probationary period. "

57. In Part Three, Title 21, the following Section 3 is inserted after Section 2:

„Oddíl třetí

Enforcement of house arrest

§ 334a

Order for the execution of the house arrest

(1) As soon as the decision to execute the sentence of house arrest has become enforceable, the President of the Chamber shall send to the sentenced order of execution of that sentence, in which he shall determine:

(a) the beginning of the sentence; and

(b) the place of enforcement of the sentence.

(2) The President of the Chamber shall determine the beginning of the sentence of house arrest in such a way that the sentenced person may obtain his or her affairs.

(3) The place of execution of the sentence shall be determined by the President of the Chamber at the residence of the sentenced person at the place of permanent residence or at the place where the sentenced person resides, taking into account his personal and family circumstances; if the sentenced person is employed, he shall also take into account the place of employment and the possibilities for transport to employment.

§ 334b

Control of the execution of house arrest

Control of the execution of the house arrest penalty shall be carried out by the Probation and Mediation Service, in cooperation with the electronic control system operator, which allows the detection of movement by a convicted or random inspection carried out by a probation officer; to that end, the sentenced person shall be obliged to allow the probation officer to enter the place of enforcement.

§ 334c

Non-compliance with the conditions for the execution of a house arrest

If the sentenced person fails to comply with the conditions laid down for house arrest and the appropriate restrictions and obligations imposed, the electronic control system operator or probation officer carrying out the inspection shall inform the court which ordered the execution of the sentence without delay.

§ 334d

Deferral and suspension of execution of house arrest

(1) The President of the Chamber may, for important reasons, postpone or suspend the execution of the house arrest for the time required.

(2) If the reasons for the suspension or interruption are omitted, the President of the Chamber shall withdraw the suspension or interruption.

(3) The period during which the execution of the sentence of house arrest has been suspended or suspended is not counted against the time of the sentence.

(4) A complaint having suspensory effect shall be admissible against the decisions referred to in paragraphs 1 and 2.

§ 334e

Change of house arrest

(1) The President of the Chamber shall, on a proposal from, or without a motion from, the sentenced, the public prosecutor or probation officer, decide on important grounds to change the place of enforcement of the sentence of house arrest, the time when the sentenced is to be present and the appropriate restrictions and obligations imposed on the sentenced; in so doing, it shall not affect the number of hours of the week during which the sentenced is to be held in residence and the extent of adequate restrictions and obligations. The President of the Chamber shall, without undue delay, decide to change the sentence of house arrest even after being declared from the common residence under another legislation.

(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1.

§ 334f

Withdrawal from the execution of a house arrest

(1) The Minister of Justice may waive the execution of the sentence of house arrest or the rest of it if the sentenced has been or is to be extradited or transferred to another Member State of the European Union on the basis of a European arrest warrant.

(2) The court may waive the execution of the sentence of house arrest or the remainder of it if the sentenced person has been or is to be expelled.

(3) Where the sentenced person is not extradited, transferred or expelled in accordance with paragraph 1, or returned in such cases, transmitted or expelled, the court shall decide that the sentence of house arrest or the remainder thereof shall be executed.

(4) The court may also waive the execution of the sentence of house arrest or the rest of it if it finds that the sentenced has become ill with an incurable life-threatening illness or an incurable mental illness.

(5) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 4.

§ 334g

Regulation of the execution of a prison sentence

(1) The President of the Chamber shall, either on a proposal from the probation officer or in a public session, decide on the order for the execution of the detention penalty.

(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';

Sections 3 to 6 shall be renumbered sections 4 to 7.

58.

„§ 336

(1) The President of the Chamber shall send a copy to the probation officer as soon as the decision under which the sentence of general service is to be carried out becomes enforceable.

(2) The type and place of performance of the public service shall be decided by the district court which has imposed the sentence of the public service obligation on the application of the probation officer. The probation officer in the application shall be based on the need to carry out such work in the district of the district court in which the sentenced person resides and shall take account of the fact that the sentenced person carries out the sentence as close as possible to the place where he resides; when determining the type and place of performance of the work of general interest, it shall cooperate with the Centre for Probation and Mediation in the district of the court in which the sentence of the service of general interest is to be served. If the sentence of public service work is to be carried out outside the district of the district court in which the sentenced person resides, the written consent of the sentenced person to such performance shall also be included in the application of the probation officer.

(3) In the decision referred to in paragraph 2, the court shall also inform the defendant of his obligation to appear at the Centre for Probationary and Mediation Services in the district of the District Court in which the sentence is to be carried out, in order to discuss the conditions for the execution of the sentence and to appear on a date determined by the probation officer responsible for supervising the execution of the sentence to the municipal office or institution in which the service is to be performed, for the purpose of the performance of the sentence. At the same time, it shall draw its attention to the consequences of non-compliance with these obligations.

(4) The decision referred to in paragraph 2 shall be notified by the court, after having acquired its legal power, to the Centre for Probation and Mediation in the district of the District Court in which the sentence of public utility work is to be carried out, and shall at the same time entrust the measures of the probation officer in the district of that court with control over the execution of the sentence of public utility work.

(5) A change in the type and place of performance of the work of general interest shall be decided by the district court which has imposed the sentence of general interest, on a proposal from the sentenced or probation officer exercising control over the execution of the sentence of general interest. This decision shall be notified by the Court of First Instance, after having acquired its legal power, to the Probation and Mediation Centre in the district of the District Court in which the sentence of public service work or the remainder of it is to be enforced, and shall at the same time entrust the measures of a probation officer in the district of that court with control over the execution of the sentence of public service work.

(6) When discussing the conditions for the performance of the sentence of general service, determining the date of its entry into force and the control of that sentence, the probation officer responsible for checking the performance of the sentence of general service shall act in conjunction with the competent municipal authority or institution for which the service is performed. ';

59.

„§ 337

If the sentenced person fails to fulfil the obligations laid down in Article 336 (3) or, without serious reason, infringes the conditions laid down for the execution of the sentence of general service, he shall not, at the time of the sentence or otherwise thwart the execution of the sentence, inform the court which ordered the execution of the sentence without delay of that fact by a probation officer responsible for the execution of the sentence or by the municipal office or institution in respect of which the service is performed. It shall also inform the court without delay when the sentenced person has performed the sentence of public utility work. '.

60. In the first sentence of Article 338 (2), the words "the district court in whose district 'are replaced by the words" the Centre for Probation and Mediation in the District Court in which';

61. In the second sentence of Paragraph 338 (2), the words "the court should 'are replaced by the words" the centre should'.

62. In Paragraph 338, at the end of paragraph 2, the sentence "The probation officer shall inform the court, at his request, of the need for community service in the requested area."

63.In Paragraph 338 (3), the words "(§ 27b) 'shall be replaced by the words" entrusted with control over the execution of the sentence of community service';

64.Paragraph 340b (1) reads as follows:

"(1) The President of the Chamber, acting without undue delay on a proposal from the probation officer responsible for supervising the execution of the sentence or on a proposal from the municipal office or institution in respect of which the work is carried out, shall decide on the conversion of the sentence of general service or, where appropriate, on the conversion of the remainder of the sentence into a custodial sentence, and on the retention of the sentence of general service in force in the establishment of supervision or other reasonable restrictions not yet imposed, of reasonable obligations or, where appropriate, of educational restrictions, without undue delay, of the President of the Chamber, on a proposal from the probation officer responsible for the execution of that sentence or on a proposal from the municipal office or institution for which the general service is carried out through that probation officer, or without such a public meeting. Such decisions shall be notified by the President of the Chamber to the Centre for Probation and Mediation in the district of the court in which the sentence of public utility work is carried out. ';

65. In Paragraph 341, the words "ordered to execute a detention sentence 'are replaced by the words" enforced'.

66. § 343 reads:

„§ 343

(1) The President of the Chamber shall order the penalty to be enforced if the defendant does not pay the penalty.

(a) within 15 days of being called upon to pay,

(b) within 15 days of being notified of the decision by which the deferral or payment has been withdrawn; or

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Regulation Information

Citation	Act No. 41 / 2009 Coll., on the amendment of certain laws in connection with the adoption of the Criminal Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.02.2009
Effective from	01.01.2010
Effective until	-
Status	Valid

The regulation text is for informational purposes only.