Full text of Act No. 43 / 2002 Coll.

Full text of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as resulting from subsequent amendments

Valid Declared full text
Text versions: 08.02.2002
Contents
ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 8a § 9 § 10 § 11 § 12 HLAVA DRUHÁ Oddíl první § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 Oddíl druhý § 27 § 27a § 27b § 27c § 28 § 29 Oddíl třetí § 30 § 31 § 31a Oddíl čtvrtý § 32 § 33 § 34 Oddíl pátý § 35 § 36 § 36a § 37 § 37a § 38 § 39 § 40 § 40a § 41 Oddíl šestý § 42 Oddíl sedmý § 43 § 44 § 45 § 45a § 46 § 47 § 48 § 49 Oddíl osmý § 50 § 51 § 51a HLAVA TŘETÍ § 52 Oddíl první § 53 § 54 Oddíl druhý § 55 § 55a § 55b § 56 § 57 § 58 Oddíl třetí § 59 Oddíl čtvrtý § 60 § 61 Oddíl pátý § 62 § 63 § 64 § 64a Oddíl šestý § 65 Oddíl sedmý § 66 HLAVA ČTVRTÁ Oddíl první § 67 § 68 § 69 § 70 § 70a § 71 § 72 § 73 § 73a § 73b § 74 § 74a Oddíl druhý § 75 § 76 § 77 Oddíl třetí § 78 § 79 § 79a § 79b § 79c § 80 § 81 Oddíl čtvrtý § 82 § 83 § 83a § 83b § 83c § 84 § 85 § 85a § 85b Oddíl pátý § 86 § 87 § 87a § 87b § 87c Oddíl šestý § 88 § 88a HLAVA PÁTÁ § 89 Oddíl první § 90 § 91 § 92 § 93 § 94 § 95 § 96 Oddíl druhý § 97 § 98 § 99 § 100 § 101 § 101a § 102 § 103 § 104 Oddíl třetí § 104a § 104b § 104c § 104d § 104e Oddíl čtvrtý § 105 § 106 § 107 § 108 § 109 § 110 § 110a § 111 Oddíl pátý § 112 Oddíl šestý § 113 § 114 § 115 § 116 § 117 § 118 HLAVA ŠESTÁ § 119 Oddíl první § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 Oddíl druhý § 134 § 135 § 136 § 137 § 138 Oddíl třetí § 139 § 140 HLAVA SEDMÁ § 141 § 142 § 143 § 144 § 145 § 146 § 146a § 147 § 148 § 149 § 150 HLAVA OSMÁ § 151 § 151a § 152 § 153 § 154 § 155 § 156 ČÁST DRUHÁ § 157 § 157a HLAVA DEVÁTÁ § 158 § 158a § 158b § 158c § 158d § 158e § 158f § 159 § 159a § 159b HLAVA DESÁTÁ Oddíl první § 160 Oddíl druhý § 161 § 162 § 163 § 163a § 164 § 165 § 166 § 167 Oddíl třetí § 168 § 169 § 170 Oddíl čtvrtý § 171 § 172 § 173 § 173a Oddíl pátý § 174 § 174a § 175 Oddíl šestý § 176 § 177 § 178 § 179 Oddíl sedmý § 179a § 179b § 179c § 179d § 179e § 179f ČÁST TŘETÍ HLAVA JEDENÁCTÁ § 180 § 181 § 182 § 183 § 183a § 184 HLAVA DVANÁCTÁ § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 HLAVA TŘINÁCTÁ Oddíl první § 196 § 197 § 198 § 198a Oddíl druhý § 199 § 200 § 201 Oddíl třetí § 202 § 203 § 204 § 205 § 206 Oddíl čtvrtý § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 Oddíl pátý § 216 § 217 § 218 Oddíl šestý § 219 Oddíl sedmý § 220 § 221 § 222 § 223 § 223a § 224 § 225 § 226 § 227 § 228 § 229 § 230 Oddíl osmý § 231 HLAVA ČTRNÁCTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239 § 239a HLAVA PATNÁCTÁ § 240 § 241 § 242 § 243 § 244 HLAVA ŠESTNÁCTÁ § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 HLAVA SEDMNÁCTÁ § 265a § 265b § 265c § 265d § 265e § 265f § 265g § 265h § 265i § 265j § 265k § 265l § 265m § 265n § 265o § 265p § 265r § 265s HLAVA OSMNÁCTÁ § 266 § 266a § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 HLAVA DEVATENÁCTÁ § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 HLAVA DVACÁTÁ § 290 Oddíl první § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 Oddíl druhý § 302 § 303 § 304 § 305 § 306 § 306a Oddíl třetí § 307 § 308 Oddíl čtvrtý § 309 § 310 § 310a § 311 § 312 § 313 § 314 Oddíl pátý § 314a § 314b § 314c § 314d § 314e § 314f § 314g Oddíl šestý § 314h § 314i § 314j § 314k HLAVA DVACÁTÁ PRVNÍ § 315 Oddíl první § 316 až 319 Oddíl druhý § 320 § 321 § 322 § 323 § 324 § 325 § 326 § 327 § 328 § 329 § 330 § 330a § 331 § 332 § 333 § 334 Oddíl třetí § 335 § 336 § 337 § 338 § 339 § 340 § 340a § 340b Oddíl čtvrtý § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 349a § 349b § 350 § 350a § 350b § 350c § 350d § 350e § 350f § 350g § 350h Oddíl pátý § 351 § 351a § 352 § 353 § 354 § 355 § 356 § 356a § 357 § 358 Oddíl šestý § 359 § 359a § 360 § 361 § 362 HLAVA DVACÁTÁ DRUHÁ § 363 § 364 § 365 ČÁST ČTVRTÁ HLAVA DVACÁTÁ TŘETÍ § 366 § 367 § 368 § 369 § 370 § 370a HLAVA DVACÁTÁ ČTVRTÁ § 371 až 374 HLAVA DVACÁTÁ PÁTÁ § 375 Oddíl první § 376 § 377 § 378 Oddíl druhý § 379 § 380 § 381 § 382 § 382a § 383 Oddíl třetí § 383a § 383b § 383c Oddíl čtvrtý § 384 Oddíl pátý § 384a § 384b § 384c § 384d § 384e § 384f Oddíl šestý § 384g ČÁST PÁTÁ § 385 § 386 § 387 § 388 § 389 § 389a § 390 § 391 § 391a § 391b § 392
43
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 141 / 1961 Coll.,
on criminal proceedings (criminal order),
As is apparent from the amendments made by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 29 / 1978 Coll., Act No. 43 / 1980 Coll., Act No. 115 / 1993 Coll., Act No. 29 / 1993 Coll., Act No. 178 / 1990 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1991 Coll., Act No. 166 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 29 / 1993 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1991 Coll., Act No. 148 / 1998 Coll., Act No. 166 / 1993 Coll., Act No. 8 / 1995 Coll.
THE LAW
on criminal proceedings (criminal order)
The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

COMMON PROVISIONS

HLAVA PRVNÍ

GENERAL PROVISIONS
§ 1
Purpose of the law
(1) The purpose of the Code of Criminal Procedure is to adjust the procedure of law enforcement authorities to ensure that the offences are properly detected and that their perpetrators are punished fairly by law. In doing so, management must act to consolidate legality, to prevent and prevent crime, to educate citizens in a spirit of strict respect for the laws and rules of civil coexistence, and to honour the obligations of the state and society.
(2) Helping to achieve the purpose of criminal proceedings is the right and the duty of citizens under the provisions of this law.
§ 2
Basic principles of criminal proceedings
(1) No one can be prosecuted other than for legal reasons and in the manner laid down by this law.
(2) Until a final judgment condemning the court is ruled guilty, one against whom criminal proceedings are brought cannot be seen as guilty.
(3) The prosecutor is obliged to prosecute all offences which he / she will learn unless the law or the declared international treaty, which the Czech Republic is bound by, provides otherwise.
(4) Unless otherwise provided for in this law, the law enforcement authorities shall act on an official basis. Criminal matters must be dealt with as quickly as possible and with the full investigation into the rights and freedoms guaranteed by the Charter of Fundamental Rights and the international treaties on human rights and fundamental freedoms by which the Czech Republic is bound; when carrying out criminal proceedings, those rights of persons affected by such acts may be affected only in justified cases by law and to the extent necessary to ensure the purpose of criminal proceedings. The content of petitions interfering with these obligations shall not be taken into account by law enforcement authorities.
(5) The law enforcement authorities shall act in accordance with their rights and obligations set out in this Act and under the cooperation of the Parties in order to establish the facts of a case of which there are no reasonable doubts, to the extent necessary for their decision. The confession of the defendant shall not relieve the law enforcement authorities of the obligation to examine all essential circumstances of the case. In the preparatory proceedings, law enforcement authorities shall, in the manner set out in this Act, and without the proposal of the parties, make equally carefully clear the circumstances which testify to the benefit and to the detriment of the person against whom the proceedings are conducted. In court proceedings, prosecutors and accused persons may propose and carry out evidence in support of their opinions. The D.A. 's duty is to prove the defendant's guilt. This does not deprive the court of its obligation to supplement the evidence itself to the extent necessary for its decision.
(6) The law enforcement authorities shall assess the evidence on the basis of their internal beliefs based on careful consideration of all the circumstances of the case individually and in summary.
(7) All law enforcement authorities cooperate with and benefit from the interest associations of citizens.
(8) The prosecution before the courts shall be possible only on the basis of an indictment or an application for punishment brought by the prosecutor. The public action before the court shall be represented by the prosecutor.
(9) In criminal proceedings, the Board or a single Judge shall act before a court; the President of the Chamber or of a single Judge shall take his own decisions only where the law expressly so provides. Where the Court of First Instance decides in the preparatory proceedings, the decision shall be taken by a judge.
(10) Criminal cases shall be dealt with in public before the courts in such a way that citizens can attend and monitor the hearing. In the main proceedings and public meetings, the public may be excluded only in the cases expressly provided for in this law.
(11) The hearing before the courts shall be oral; evidence of testimony by witnesses, experts and accused persons shall, as a general rule, be carried out by questioning such persons.
(12) When deciding in the main proceedings and in a public and private session, the court may take account only of the evidence which was made at the hearing.
(13) The person against whom the criminal proceedings are conducted must be informed, during each period of the proceedings, of the rights enabling him to exercise his full defence and of the fact that he may also choose a lawyer; all law enforcement authorities are obliged to allow it to exercise its rights.
(14) The law enforcement authorities shall conduct proceedings and draw up their decisions in the Czech language. Anyone who declares that he does not control the Czech language shall be entitled to use his mother tongue or language in criminal proceedings for which he or she claims to control it.
Cooperation with citizens' interest associations
§ 3
(1) Trade unions or employers' organisations and other civil associations, with the exception of political parties and political movements, churches, religious societies and legal persons pursuing charitable purposes in their subject matter (hereinafter referred to as "interest associations of citizens") may act in preventing and preventing crime in the manner set out in this Act.
(2) Citizens' interest associations may co-operate in the upbringing of persons for whom the court has ruled on the suspension of supervised punishment or whose prosecution has been suspended on a conditionally suspended basis, in the case of conditionally convicted, suspended for imprisonment with supervision and suspended; help also create conditions for the sentenced to live after the sentence has been carried out properly.
§ 4
repealed
§ 5
repealed
§ 6
(1) A citizens' interest association may offer to take over the guarantee:
(a) for the conduct of an accused person whose prosecution has been suspended on condition;
(b) for the reeducation of a convicted person who has been suspended with supervision on condition that the sentence of imprisonment has been suspended for a probationary period, in the case of a suspended sentence with supervision; or
(c) for the completion of the correction of a convicted person who carries out a custodial sentence, a criminal offence or a criminal offence; in such cases, the interest association of citizens may at the same time propose the conditional release of a sentenced person from prison or the suspension of the remainder of the sentence of the prohibition of activity or residence. In order to obtain evidence for such a request, he may, with the consent of the sentenced, inform himself of the conduct of his or her conduct and the course of the sentence.
(2) A citizens' interest association may also propose that the detention of the defendant be replaced by its guarantee (Paragraph 73) and that the defendant be asked to grant mercy and to exterminate the conviction for the sentenced.
(3) A citizens' interest association which has taken over the guarantee is required to act on the defendant or the sentenced in order to live a proper life and to take the necessary measures; the interest association of citizens also ensures that it makes good the damage caused by the crime.
Synergies of state authorities, natural and legal persons
§ 7
Criminal authorities shall assist each other in the performance of the tasks arising under this law.
§ 8
(1) State authorities, legal entities and natural persons are required to comply without undue delay and unless the special rule provides otherwise, with requests from law enforcement authorities in the performance of their tasks. In addition, state authorities are required to notify the prosecutor or police authorities without delay of facts suggesting that an offence has been committed.
(2) Where, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that a criminal offence has been committed or, in court, also to assess the circumstances of the defendant or for the enforcement of the decision, the Prosecutor may, following the filing of the indictment or the application for punishment, request the President of the Chamber for information which is the subject of bank secrecy and the information on the securities records. In criminal proceedings under Section 178 of the Criminal Code, the law enforcement authority may require individual data obtained under a special law for statistical purposes. The conditions under which a criminal authority may require data obtained in tax administration shall be laid down in a separate law. Data obtained under this provision shall not be used for any purpose other than the criminal proceedings under which they were requested.
(3) Compliance with the obligations referred to in paragraph 1 may be refused with reference to the obligation to maintain the secrecy of classified information protected by a special law or by a State imposed or recognised obligation of confidentiality; That doesn't apply.
(a) if the person who has these obligations would otherwise be exposed to a risk of prosecution for non-notification or non-interference; or
(b) in the handling of a request to an authority active in criminal proceedings for an offence where the requested person is simultaneously the notifier of the offence.
Under this law, the State-recognised obligation of secrecy is not regarded as such an obligation whose scope is not defined by law, but results from a legal act under the law.
(4) Where a special law does not lay down the conditions under which, for the purposes of criminal proceedings, facts which are classified under that law or which are subject to an obligation of confidentiality may be disclosed, those facts may be required for criminal proceedings after the prior consent of the Judge. This is without prejudice to the obligation of confidentiality of a lawyer under the Law on the Law of the Advocate.
(5) The provisions of paragraphs 1 and 4 are without prejudice to the obligation to maintain confidentiality imposed on the basis of a declared international agreement binding on the Czech Republic.
§ 8a
Provision of information on criminal proceedings
(1) The law enforcement authorities shall inform the public of their activities by providing information to the media. In doing so, they shall ensure that they do not jeopardise the clarification of the facts relevant to the assessment of the case, do not disclose the persons involved in criminal proceedings, data which are not directly related to criminal activity, and do not infringe the principle that, until a final judgment of conviction is delivered, the person against whom the criminal proceedings are conducted cannot be regarded as guilty (§ 2 (2)).
(2) For the reasons set out in paragraph 1, the law enforcement authorities shall refuse to provide information.
§ 9
Assessment of questions referred for a preliminary ruling
(1) The law enforcement authorities shall examine the questions referred for a preliminary ruling separately; However, if such a question is a final decision by a court or other state body, the law enforcement authorities shall be bound by such a decision, unless it concerns the assessment of the defendant's guilt.
(2) The law enforcement authorities are not entitled to deal separately with questions relating to the personal situation decided on in civil proceedings. If a decision on such a question has not yet been taken, they shall await its publication.
§ 10
Exemptions from the jurisdiction of law enforcement authorities
(1) Persons enjoying privileges and immunities under law or international law shall be excluded from the jurisdiction of law enforcement authorities under this law.
(2) If there is doubt as to whether or to what extent someone is excluded from the jurisdiction of the law enforcement authorities under this law, the Supreme Court shall decide on the proposal of the person concerned, the prosecutor or the court.
§ 11
Inadmissibility of criminal prosecution
(1) The prosecution cannot be initiated and, if it has already been initiated, it cannot be continued and it must be stopped
(a) if the President of the Republic so commands, use his right to pardon or amnesty,
(b) where the prosecution is suspended,
(c) if there is a person who is excluded from the jurisdiction of the law enforcement authorities (§ 10), or a person whose prosecution requires consent under the law if such consent has not been given by the competent authority;
(d) if there is a person who is not responsible for the lack of age,
(e) against him who died or was declared dead,
(f) against which the previous prosecution for the same act has ended in a final judgment of the court or by a judgment of a court or of another authorised authority, in so far as the decision has not been annulled in the prescribed proceedings,
(g) against which the earlier prosecution for the same act has ended in a final decision approving the settlement if the decision has not been annulled in the prescribed procedure;
(h) against which the previous prosecution for the same act has ended in a final decision to refer the case with the suspicion that the act is an offence, an administrative delicacy or a criminal offence, unless the decision has been annulled in the prescribed procedure;
(i) where criminal prosecution is subject to the consent of the injured party and the consent has not been given or withdrawn; or
(j) if it so provides for a declared international treaty, which the Czech Republic is bound by.
(2) Where the reason referred to in paragraph 1 concerns only one of the partial attacks of an ongoing offence, this shall not prevent criminal prosecution of the remainder of the offence.
(3) However, in criminal proceedings which have been brought to an end on the grounds referred to in paragraph 1 (a), (b) or (i), the defendant shall continue to be declared within three days of the date on which the order to stop the prosecution has been notified that he insists on hearing the case. That's what the defendant needs to be taught.
§ 12
Interpretation of certain terms
(1) Criminal authorities are the courts, prosecutors and police authorities.
(2) The services of the Police of the Czech Republic and in proceedings concerning criminal offences of police officers are the services of the Ministry of the Interior for Inspection. The same rank is held in criminal proceedings involving members of the armed forces entrusted by the Military Police, criminal proceedings involving members of the Prison Service of the Czech Republic and criminal proceedings involving members of the Security Information Service authorised by the Security Information Service. The position of the police authorities shall also be that of the authorised customs authorities in proceedings concerning offences committed by breach of customs legislation and rules on the import, export or transit of goods, including where the offences of members of the armed forces or armed forces and services are involved. Unless otherwise specified, those authorities shall be entitled to all criminal proceedings falling within the competence of the police authority.
(3) Where this law refers to a court, it means, according to the nature of the case, a district court, a regional court, a Supreme Court or a Supreme Court of the Czech Republic ("the Supreme Court ').
(4) Where this law refers to a district court, it means a district court or another court having the same jurisdiction; where this law talks about the Regional Court, this means the Municipal Court in Prague.
(5) Where this law refers to a district attorney, this includes a district prosecutor or, where appropriate, another prosecutor of equal scope; where this law talks about the district attorney, this means the city prosecutor in Prague.
(6) The party shall be the one against whom criminal proceedings are conducted, the person concerned and the injured party and, in court, the prosecutor; the same status as the Party shall be established by another person whose application or request is led by proceedings or who has brought an appeal.
(7) Unless the nature of the case implies otherwise, the defendant and the defendant shall also be understood to be the defendant.
(8) After the order of the main trial, the defendant is referred to as the defendant.
(9) The judge is the one against whom a judgmental sentence has been given, which has already acquired legal authority.
(10) Criminal proceedings shall mean proceedings under this law, criminal prosecutions, proceedings from the initiation of criminal proceedings to the legal power of the judgment, or any other decision of the criminal authority on the substance of the case and the preparatory management of the proceedings under this law, from the drawing up of an alert on the opening of criminal proceedings or the execution of urgent and non-reproducible acts immediately preceding it, and where such acts have not been carried out, from the initiation of criminal proceedings to the filing of an indictment, the transmission of a case to another authority or the cessation of criminal proceedings, or to the decision or the creation of other facts having the effect of the cessation of criminal proceedings before the prosecution, including the clarification and examination of facts suggesting that the offence has been committed, and the investigation.
(11) If the defendant continues to act for which he is prosecuted, even after the indictment has been notified, such action shall be considered as a new act.
(12) The act under this law shall also mean a partial attack on an ongoing offence, unless expressly stated otherwise.

HLAVA DRUHÁ

COURT OF JUSTICE AND PERSONS CONCERNED

Oddíl první

Jurisdiction and jurisdiction of courts
§ 13
Enforcement of criminal justice
Judgments in criminal matters are carried out by district courts, regional courts, supreme courts and the Supreme Court.
§ 14
repealed
§ 15
repealed
Jurisdiction
§ 16
The proceedings at first instance shall be conducted, unless otherwise provided for in this law, by the district court.
§ 17
(1) The Regional Court shall at first instance conduct criminal proceedings where the law provides for a custodial sentence of at least five years, or where exceptional penalties may be imposed. On criminal offences
(a) treason, dissolution of the Republic, terror, corruption, sabotage, espionage, threats to classified facts, genocide and crime pursuant to § 1 of Act No. 165 / 1950 Coll., for the protection of peace,
(b) committed by means of bills, cheques and other securities, derivatives and other values negotiable on the capital market, or by means of forgeries and imitation thereof, where their legal character is to cause significant damage or to obtain significant benefit;
(c) infringements of the regulations on the handling of controlled goods and technology pursuant to § 124a to 124c, infringements of the regulations on foreign trade in military material pursuant to § 124d to 124f, infringements of binding rules on economic traffic pursuant to § 127, abuse of information in trade pursuant to § 128, unfair competition pursuant to § 149 of the Criminal Act,
if the lower limit of imprisonment is lower.
(2) The Regional Court shall, at the first instance, also conduct proceedings for partial attacks on an ongoing offence where, in accordance with the procedure laid down in Article 37a of the Criminal Act, the decision on the guilt of one of the offences referred to in paragraph 1 is taken into account in that procedure.
§ 18
Local jurisdiction
(1) The proceedings are carried out by a court in whose district the offence has been committed.
(2) If the crime scene cannot be ascertained or if the offence has been committed abroad, proceedings shall be held by the court in whose district the defendant lives, works or stalls; If these places cannot be identified or are outside the territory of the Czech Republic, the proceedings shall be held by a court within whose territory the act has become apparent.
§ 19
repealed
Joint management
§ 20
(1) All accused persons whose offences are related shall be subject to joint proceedings, unless there are important grounds for doing so, against all attacks on an ongoing or mass crime and all parts of the criminal offence in progress. Other offences shall be managed jointly if such a procedure is appropriate in terms of speed and efficiency of the proceedings.
(2) Joint proceedings concerning an offence to be dealt with by a single judge and an offence to be dealt with by a Chamber shall be held by the Chamber.
§ 21
(1) Joint proceedings shall be held by the Regional Court where it is competent to conduct proceedings on at least one of the offences.
(2) The joint proceedings shall be conducted by a court which is competent to bring proceedings against the offender of the offence or the most serious offence.
§ 22
Jurisdiction of several courts
Where, pursuant to previous provisions, the jurisdiction of several courts is given, the proceedings of those courts shall be carried out by the person to whom the prosecutor has brought the action or to whom the case has been ordered by the superior court.
§ 23
Exclusion and connection of the matter
(1) In order to expedite proceedings or for other important reasons, proceedings concerning one of the offences or against one of the accused may be excluded from joint proceedings.
(2) The jurisdiction of the court which excluded the case is unchanged; However, if the Regional Court excludes a case which would otherwise have been the case for the proceedings of the District Court, it may refer it to that court.
(3) Where there are conditions for joint proceedings, the court may bring the cases in which separate indictments have been brought to a joint hearing and judgment.
§ 24
Decision on jurisdiction of the court
(1) Where doubts arise as to the jurisdiction of the court, it shall decide which court is competent to hear the case, the court which is closest together to the superior of the court with which the indictment has been brought, to which the case has been referred pursuant to Paragraph 295 or to which it has been ordered by a superior court, and the court which is to be responsible under the decision to refer the case to a decision on jurisdiction [§ 188 (1) (a), § 222 (1), § 257 (1) (a)]. It is only bound by the legal aspects relevant to the determination of jurisdiction (Sections 16 to 22). If the court to which the case has been referred for judgment is not the superior of the court competent under the law, it shall refer the case to the jurisdiction of the court which is jointly superior of the court to the referring court and to the court competent under the law.
(2) At the same time, the court which decides on the jurisdiction of the court may decide to withdraw and order the case on the grounds set out in Paragraph 25.
§ 25
Withdrawal and commandment of the case
For important reasons, the case may be removed from the competent court and ordered to another court of the same kind and degree; the removal and the commandment shall be decided by the court which is closest to the two courts together.
§ 26
Jurisdiction of the Court of First Instance in preparatory proceedings
(1) In order to carry out the preparatory work, the district court in whose district the prosecutor who made the application is active shall be responsible.
(2) The Court of First Instance, with which a public prosecutor has made an application pursuant to paragraph 1, becomes competent to carry out all the proceedings of the court in the course of the preparatory procedure, provided that the case is not referred for the jurisdiction of another public prosecutor acting outside that court.

Oddíl druhý

Auxiliary
§ 27
Receiver
As a general rule, the reporter taken into account in the promise shall be added to the record on the conduct of the law enforcement authorities. If the recorder has not been added, the record shall be drawn up by the person performing the operation. Where an audible record is made in proceedings before the court and, as a result, the President of the Chamber does not dictate the Protocol, the Registrar shall, if necessary, be a senior judicial officer or a certifying official.
§ 27a
Senior judicial officer
Simple decisions, with the exception of guilty and punishable decisions, shall, as a general rule, be issued and executed and administrative acts relating to the proceedings shall be carried out by a senior judicial officer; the special law shall determine its jurisdiction and determine which acts may be carried out separately by a senior judicial officer and when he is acting under the authority of the Judge.
§ 27b
Probation Officer
(1) An official of the Probation and Mediation Service (hereinafter referred to as the "Probation Officer") shall, in criminal proceedings, supervise the accused, consisting of, on the one hand, the positive management and assistance of the accused and, on the other hand, the control of his conduct and, in cases where supervision has not been imposed, carry out actions to ensure that the accused leads a proper life, where a decision has been taken:
(a) the release of the accused of the detention under the current terms of supervision;
(b) conditional cessation of criminal prosecution;
(c) the suspension of supervised punishment;
(d) conditional convictions, including conditional convictions with supervision;
(e) conditional release from the execution of a custodial sentence, including suspension from the execution of a custodial sentence, with a simultaneous declaration of supervision; or
(f) the imposition of a penalty for community service or a ban on residence while imposing adequate restrictions and obligations.
(2) The probationary officer may be authorised to seek information on the defendant and on his social circumstances and the conditions for the decision to approve the settlement and on the suspension of criminal proceedings in a court of the President of the Chamber. Under the conditions laid down by a special law, it may carry out individual actions without such instructions. In proceedings before a court, he may exercise individual enforcement tasks, in particular where a non-deprivation sentence has been imposed, or where the sentenced person has been suspended from the execution of a deprivation sentence, or in the execution of individual types of protection measure.
(3) The closer conditions under which the probation officer exercises his duties are laid down in a separate law.
§ 27c
Assistant Supreme Court Judge
The Assistant Judge of the Supreme Court shall perform individual criminal proceedings under the authority of the Supreme Court Judge. It shall be governed by a special law.
Interpreter
§ 28
(1) Where the content of the document, notice or other procedural act needs to be translated or where the accused right referred to in Paragraph 2 (14) is used, the interpreter shall be added; The same applies if the provisions of the interpreter go to a person with whom there is no communication other than sign language. The interpreter can also be a writer. If the defendant does not state the language which he controls, or if he indicates a language or dialect which is not the language of his nationality or the official language of the State of which he is a citizen, and for such a language or dialect no person is registered in the list of interpreters, he shall designate an authority which is active in the criminal proceedings of the interpreter for the language of his nationality or the official language of the State of which he is a citizen. If they are a non-citizen, they mean the State of residence or the State of origin.
(2) Under the conditions set out in paragraph 1, the order initiating the prosecution, the order on detention, the prosecution, the application for punishment, the judgment, the criminal order, the decision on appeal and the suspension of the criminal prosecution shall be translated in writing; that is not the case if the defendant, after instruction, declares that he does not require the translation of such a decision. Where such a decision concerns more than one accused person, only the part of the decision relating to him shall be transferred to the defendant if it can be separated from the other statements of the decision and their reasons for it. The issuing of a translation of the decision and its delivery shall be provided by the criminal authority whose decision is concerned.
(3) Where service of the decision referred to in paragraph 2 is linked to the beginning of the period and a written translation of the decision is required, the decision shall be deemed to have been received after the receipt of the written translation.
§ 29
(1) The provisions of the interpreter, the eligibility and exclusion of the interpreter, the right to refuse interpretation, the promise and the reminder of pre-interpretation duties, as well as the reimbursement of expenses and the remuneration for interpretation are subject to specific provisions.
(2) The amount of compensation and the remuneration of the interpreter shall be determined by the institution which has gained the interpreter and by the President of the Chamber, without undue delay in proceedings before the Court, no later than two months after the bill of payment and the fee of the interpreter. If the interpreter is not in agreement with the amount of compensation charged and the interpreter's remuneration, he shall decide by order. There is an admissible complaint against the resolutions which has suspensory effect.
(3) The replacement and the remuneration of the interpreter should be paid without undue delay after their award, no later than 30 days.

Oddíl třetí

Exclusion of law enforcement authorities
§ 30
(1) The execution of criminal proceedings shall exclude a judge or associate, a prosecutor, a police authority or a person serving in it, who may be in doubt that he is not in a position to make an impartial decision in relation to the ratio to the case or to the persons directly concerned by the action, to their lawyers, legal representatives and agents, or to the relationship with another law enforcement authority. The actions taken by the excluded persons cannot form the basis for a decision in criminal proceedings.
(2) A judge or associate is also excluded from carrying out criminal proceedings where he has been acting in the present case as a prosecutor, police authority, social representative, lawyer or agent of the person concerned or the injured party. After the prosecution has been brought, he shall be excluded from carrying out criminal proceedings by a judge who, in the present case, has ordered a house search, issued an arrest warrant or decided on the detention of the person to whom the prosecution was subsequently brought.
(3) In addition, a judge or associate who took part in a decision in a court of a lower degree and vice versa shall be excluded from the decision in a court of a higher degree. The decision on a complaint with a superior body shall exclude the prosecutor who took or gave his consent or instruction to the contested decision.
§ 31
(1) The exclusion for the reasons set out in Paragraph 30 shall be decided by the authority to which those grounds relate, including on its own motion. The Board shall decide on the exclusion of a Judge or associate if they take a decision in the Chamber.
(2) A complaint shall be admissible against the decision referred to in paragraph 1.
(3) The complaint shall be decided by the authority directly superior to the authority which issued the contested decision.
§ 31a
The reasons for which a senior judicial officer or probation officer is excluded from carrying out criminal proceedings and the procedure for deciding on exclusion shall be laid down in a separate law.
Zobrazit všechna ustanovení (2721)
Contents
ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 8a § 9 § 10 § 11 § 12 HLAVA DRUHÁ Oddíl první § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 Oddíl druhý § 27 § 27a § 27b § 27c § 28 § 29 Oddíl třetí § 30 § 31 § 31a Oddíl čtvrtý § 32 § 33 § 34 Oddíl pátý § 35 § 36 § 36a § 37 § 37a § 38 § 39 § 40 § 40a § 41 Oddíl šestý § 42 Oddíl sedmý § 43 § 44 § 45 § 45a § 46 § 47 § 48 § 49 Oddíl osmý § 50 § 51 § 51a HLAVA TŘETÍ § 52 Oddíl první § 53 § 54 Oddíl druhý § 55 § 55a § 55b § 56 § 57 § 58 Oddíl třetí § 59 Oddíl čtvrtý § 60 § 61 Oddíl pátý § 62 § 63 § 64 § 64a Oddíl šestý § 65 Oddíl sedmý § 66 HLAVA ČTVRTÁ Oddíl první § 67 § 68 § 69 § 70 § 70a § 71 § 72 § 73 § 73a § 73b § 74 § 74a Oddíl druhý § 75 § 76 § 77 Oddíl třetí § 78 § 79 § 79a § 79b § 79c § 80 § 81 Oddíl čtvrtý § 82 § 83 § 83a § 83b § 83c § 84 § 85 § 85a § 85b Oddíl pátý § 86 § 87 § 87a § 87b § 87c Oddíl šestý § 88 § 88a HLAVA PÁTÁ § 89 Oddíl první § 90 § 91 § 92 § 93 § 94 § 95 § 96 Oddíl druhý § 97 § 98 § 99 § 100 § 101 § 101a § 102 § 103 § 104 Oddíl třetí § 104a § 104b § 104c § 104d § 104e Oddíl čtvrtý § 105 § 106 § 107 § 108 § 109 § 110 § 110a § 111 Oddíl pátý § 112 Oddíl šestý § 113 § 114 § 115 § 116 § 117 § 118 HLAVA ŠESTÁ § 119 Oddíl první § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 Oddíl druhý § 134 § 135 § 136 § 137 § 138 Oddíl třetí § 139 § 140 HLAVA SEDMÁ § 141 § 142 § 143 § 144 § 145 § 146 § 146a § 147 § 148 § 149 § 150 HLAVA OSMÁ § 151 § 151a § 152 § 153 § 154 § 155 § 156 ČÁST DRUHÁ § 157 § 157a HLAVA DEVÁTÁ § 158 § 158a § 158b § 158c § 158d § 158e § 158f § 159 § 159a § 159b HLAVA DESÁTÁ Oddíl první § 160 Oddíl druhý § 161 § 162 § 163 § 163a § 164 § 165 § 166 § 167 Oddíl třetí § 168 § 169 § 170 Oddíl čtvrtý § 171 § 172 § 173 § 173a Oddíl pátý § 174 § 174a § 175 Oddíl šestý § 176 § 177 § 178 § 179 Oddíl sedmý § 179a § 179b § 179c § 179d § 179e § 179f ČÁST TŘETÍ HLAVA JEDENÁCTÁ § 180 § 181 § 182 § 183 § 183a § 184 HLAVA DVANÁCTÁ § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 HLAVA TŘINÁCTÁ Oddíl první § 196 § 197 § 198 § 198a Oddíl druhý § 199 § 200 § 201 Oddíl třetí § 202 § 203 § 204 § 205 § 206 Oddíl čtvrtý § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 Oddíl pátý § 216 § 217 § 218 Oddíl šestý § 219 Oddíl sedmý § 220 § 221 § 222 § 223 § 223a § 224 § 225 § 226 § 227 § 228 § 229 § 230 Oddíl osmý § 231 HLAVA ČTRNÁCTÁ § 232 § 233 § 234 § 235 § 236 § 237 § 238 § 239 § 239a HLAVA PATNÁCTÁ § 240 § 241 § 242 § 243 § 244 HLAVA ŠESTNÁCTÁ § 245 § 246 § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 HLAVA SEDMNÁCTÁ § 265a § 265b § 265c § 265d § 265e § 265f § 265g § 265h § 265i § 265j § 265k § 265l § 265m § 265n § 265o § 265p § 265r § 265s HLAVA OSMNÁCTÁ § 266 § 266a § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 HLAVA DEVATENÁCTÁ § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 HLAVA DVACÁTÁ § 290 Oddíl první § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 Oddíl druhý § 302 § 303 § 304 § 305 § 306 § 306a Oddíl třetí § 307 § 308 Oddíl čtvrtý § 309 § 310 § 310a § 311 § 312 § 313 § 314 Oddíl pátý § 314a § 314b § 314c § 314d § 314e § 314f § 314g Oddíl šestý § 314h § 314i § 314j § 314k HLAVA DVACÁTÁ PRVNÍ § 315 Oddíl první § 316 až 319 Oddíl druhý § 320 § 321 § 322 § 323 § 324 § 325 § 326 § 327 § 328 § 329 § 330 § 330a § 331 § 332 § 333 § 334 Oddíl třetí § 335 § 336 § 337 § 338 § 339 § 340 § 340a § 340b Oddíl čtvrtý § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 349a § 349b § 350 § 350a § 350b § 350c § 350d § 350e § 350f § 350g § 350h Oddíl pátý § 351 § 351a § 352 § 353 § 354 § 355 § 356 § 356a § 357 § 358 Oddíl šestý § 359 § 359a § 360 § 361 § 362 HLAVA DVACÁTÁ DRUHÁ § 363 § 364 § 365 ČÁST ČTVRTÁ HLAVA DVACÁTÁ TŘETÍ § 366 § 367 § 368 § 369 § 370 § 370a HLAVA DVACÁTÁ ČTVRTÁ § 371 až 374 HLAVA DVACÁTÁ PÁTÁ § 375 Oddíl první § 376 § 377 § 378 Oddíl druhý § 379 § 380 § 381 § 382 § 382a § 383 Oddíl třetí § 383a § 383b § 383c Oddíl čtvrtý § 384 Oddíl pátý § 384a § 384b § 384c § 384d § 384e § 384f Oddíl šestý § 384g ČÁST PÁTÁ § 385 § 386 § 387 § 388 § 389 § 389a § 390 § 391 § 391a § 391b § 392

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Regulation Information

CitationFull text of Act No. 43 / 2002 Coll., Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as resulting from subsequent amendments
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation08.02.2002
Effective from-
Effective until-
Status Valid
Legal Areas: Taxes Finance Self-administration Judicial and Public Prosecutor's Office Administrative law Criminal law Criminal law substantive Criminal law Constitutional (state) law
The regulation text is for informational purposes only.

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