Act No. 459 / 2011 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
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Law
Effective from 01.01.2012
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01.01.2012
30.12.2011
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459
THE LAW
of 6 December 2011
amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 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. 99, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 97, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 99, Act No. 5 / 2004, Act No. 5, Act No. 99, Act No 1999, Act No. 5, Act No 2006, Act No. 2006, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999, Act No. 99, No 1999, No 1999
1. In Paragraph 2 (4), the second sentence is replaced by the following: "Criminal cases must be dealt with promptly without undue delay; with the greatest acceleration, they shall discuss, in particular, detention matters and matters in which the property has been secured, if necessary in view of the value and nature of the property secured. Criminal cases shall be dealt with in full respect of 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 only be affected in justified cases by law and to the extent necessary to ensure the purpose of criminal proceedings. ';
2. In Article 2 (12), the words "even in private 'are replaced by the words" in custody and in private'.
3. In Article 17 (1), the words "killing, murder of a newborn child by a mother," shall be inserted at the beginning of the text in point (a).
4. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The Regional Court shall also, at first instance, conduct proceedings for the offence of drunkenness in the event that the offence committed by the perpetrator in a state of insanity caused by it fulfils the characteristics of the facts of one of the offences in respect of which the jurisdiction of the Regional Court is established in accordance with paragraph 1. ';
Paragraph 2 shall become paragraph 3.
5. In Article 17, the words "or 2 'shall be added at the end of paragraph 3.
6. In the second sentence of Article 30 (2), the words "or the inspection of other premises and parcels' shall be inserted after the word" inspection '.
7. in Article 36 (1) (a), the words "in the exercise of a protective measure relating to deprivation of liberty" shall be inserted after the words "freedom."
8. in Article 36 (4) (f):
"(f) in proceedings for the recognition and enforcement of a foreign decision imposing an unconditional custodial sentence or transforming a suspended sentence or another sentence into an unconditional custodial sentence, or for a protective measure involving the deprivation of liberty.";
9. The following Section 36b is inserted after Section 36a:
(1) If there is a reason for the need for defence pursuant to Article 36 (3) or Article 36a (2) (b), the defendant may surrender, if not for an offence for which an exceptional penalty may be imposed. The defendant may also surrender in the event of a necessary defence pursuant to Paragraph 36 (4) (a).
(2) The surrender of the lawyer referred to in paragraph 1 may be made by the defendant only by express written declaration or oral declaration to the criminal authority conducting the proceedings; the statement must be made in the presence of and after consultation with the lawyer.
(3) The statement of surrender may be withdrawn at any time by the defendant. In addition to the withdrawal of the declaration, the defendant must submit the full authority of the lawyer whom he has chosen or ask for its provision; if he does not do so, he shall be deemed not to have chosen the lawyer and the lawyer shall immediately appoint him. If the defendant has lodged his declaration of surrender, the defendant cannot surrender again.
(4) The actions taken since the receipt of the declaration of surrender of an attorney to the criminal authority until its withdrawal need not be repeated solely because the defendant did not have a lawyer at that time. '
10. In Article 39, at the end of paragraph 3, the sentence "If the defendant has given up an appointed lawyer by a declaration pursuant to Article 36b and has subsequently withdrawn that declaration, he shall be appointed by the same lawyer, if possible."
11. the following Section 52a is inserted after Section 52:
Where this is necessary to protect the rights of persons, in particular with regard to their age or medical condition, or where security or other serious reasons so require, technical equipment for the transmission of images and sound (hereinafter referred to as "videoconferencing equipment ') may be used when carrying out criminal proceedings, provided that the nature of such operations and where technically possible.';
12. In the second sentence of Article 53 (1), the words "or through videoconferencing equipment 'shall be inserted after the words" carried out'; If the action is not carried out by means of videoconferencing equipment, it shall be carried out by themselves outside their perimeter, "and the semicolon and the words', but shall also be carried out by itself '.
13. In Paragraph 55a, at the end of paragraph 1, the sentence "When video conferencing equipment is used in the performance of an operation, sound and visual recording shall always be made. '
14. In Paragraph 55b, at the end of paragraph 1, the words "the provisions of Paragraph 55a (1) of the second sentence shall not be affected 'are added.
15. In Paragraph 56 (1), the sentence "If the action is carried out by videoconferencing equipment, the person to whom the action relates shall not sign the Protocol."
16. in Paragraph 64 (2):
"(2) If the addressee of a document to be delivered to his own hands has not been apprehended, the document shall be deposited and the addressee shall be informed in an appropriate manner where he may pick it up. ';
17. in Article 64 (4) and (5):
"(4) If the addressee does not pick up the document within 10 days of the deposit, the last day of that period shall be deemed to be the day of service, even if the addressee has not been aware of the deposit, although he is staying at the place of service, or has indicated the address for service. The service authority shall, after a futile expiry of this period, throw the document into the home or other addressee of the clipboard used unless the consignor excludes the document from the clipboard. If there is no such box, the document shall be returned to the consignor and the communication shall be posted on the official record.
(5) Paragraph 4 shall not be used if delivered
(a) the defendant's order to open criminal proceedings, the prosecution, the application for punishment, the judgment, the criminal order or the summons to the main trial or public meeting; or
(b) any other document, if the President of the Chamber, the Prosecutor or the Police Authority so requests for important reasons. "
18. In Paragraph 64, paragraph 6 is added:
"(6) If the service referred to in paragraph 4 is excluded, the consignor must clearly indicate it on the consignment. In such a case, the service authority shall return the document to the consignor after the expiry of the period of 10 days from the date of its deposit. ';
19. in Paragraph 68 (1), the third sentence is deleted;
20. in Paragraph 68 (3) (e):
"(e) has already repeated or continued the criminal activity for which he has been prosecuted or has been sentenced or punished for such criminal activity in the last three years."
21. in Paragraph 68, the following paragraph 4 is added:
"(4) The restrictions referred to in paragraph 2 for an intentional offence shall not be applied where the reason for the detention referred to in paragraph 67 (c) is given and, taking into account the nature of such an offence, requires effective protection of the victim, in particular the protection of his life, health or other similar interest. ';
22. In the first sentence of Article 69 (4), the words "the nearest court of substance 'shall be replaced by the words" the court whose order has been issued by the judge or at the place where that court may be questioned by means of a videoconferencing facility; If, exceptionally, this is not possible due to unforeseen circumstances, the defendant must be delivered no later than 24 hours after his arrest to another court of substance' and the second sentence shall be deleted.
23. in Paragraph 69 (5):
"(5) The judge of the court which issued the arrest warrant must question the defendant without delay, decide on the detention and notify the defendant of that decision within 24 hours of being delivered to the place of the hearing. If the hearing of the defendant is carried out exceptionally by another competent judge, who has been delivered to him in the light of unforeseen circumstances, he shall inform the court which issued the arrest warrant of his outcome. The Judge shall, upon receipt of the information relating to the hearing, decide on the detention and notify his decision through the Judge conducting the hearing to the defendant. If the defendant is not notified within 24 hours of being delivered to the place of questioning, he shall be released. The defendant shall have the right to request that the lawyer be present at the hearing if he is available within that period. '
24. Paragraph 69 (6) is deleted.
Paragraph 7 shall become paragraph 6.
25. In Section 70, the words "taking custody 'are replaced by the words" custody'.
26. In § 70, the third sentence is replaced by the sentence "The consular office of the State of which the alien is a citizen shall also be informed of the removal and release of the alien if the alien so requests, unless otherwise declared by the international treaty which the Czech Republic is bound by."
Article 27 (71), (71a) and (72) shall read as follows:
Review of the duration of the grounds for the binding
(1) The law enforcement authorities are required to examine on an ongoing basis whether the grounds for detention of the defendant still persist or have not changed and whether the link cannot be replaced by one of the measures referred to in paragraphs 73 and 73a. In doing so, they shall also take into account whether the retention of the defendant in custody requires the difficulty of a case or other serious grounds for which prosecution cannot be terminated and whether the release of the defendant in custody would be thwarted or significantly impeded to achieving the purpose of the prosecution. The Judge shall only do so in preparatory proceedings when deciding on:
(a) a request for release from custody,
(b) a proposal by the Prosecutor for a decision to retain the defendant in custody;
(c) a change in the grounds for the detention where a new reason for the detention has been found; or
(d) complaints against the state's attorney's order on detention.
(2) The defendant must be released from custody immediately if:
(a) the reason for the arrest shall cease; or
(b) it is clear that, in view of the person accused and of the nature and gravity of the case, prosecution will not lead to the imposition of an unconditional custodial sentence and that the circumstances referred to in paragraphs 3 and 4 of Article 68 are not set out.
Request for release from custody
The defendant shall have the right, at any time after legal authority, to request release from custody. An application for release from custody shall also be considered to be a proposal by the defendant to take one of the measures replacing the detention. Such a request shall be decided without undue delay. If the application has been rejected, the defendant may, if he fails to state other reasons, repeat it only after 30 days after the last decision rejecting his request for release from custody or having been decided on the continuation or amendment of the grounds of detention.
Decision on the continuation of the binding
(1) At the latest every three months from the legal authority of the decision to take custody or the legal authority of another decision to hold custody, the Judge shall, in preparatory proceedings, decide, on a proposal from the Prosecutor, whether the defendant remains in custody or is released from custody. Otherwise, the defendant must be released from custody immediately.
(2) The application by the Prosecutor for a decision by the Judge on the continuation of the detention referred to in paragraph 1 shall be served on the court not later than 15 days before the expiry of the period of three months.
(3) The Court of First Instance shall, no later than 30 days from the date on which the indictment was brought before him against the defendant who is in custody, or when the file was served on him on the basis of a decision to refer or order the case of the defendant who is in custody, decide whether the defendant continues to remain in custody or whether he is released from custody; otherwise the defendant must be released from custody immediately. If the court has kept the defendant in custody, or if the court decides not to take the defendant into custody until after the prosecution has been brought, it shall act accordingly in accordance with paragraph 1.
(4) If the three-month period for a court's decision on the continuation of custody ends in the course of an appeal before the superior court, the decision to retain the defendant in custody or release him from custody shall be the responsibility of that superior court; on presentation of the file, the court against whose decision an appeal has been lodged shall inform it of the end of that period. ';
28. the following Sections 72a and 72b are inserted after Section 72, including the title:
"Maximum permissible duration of binding
(1) Binding may take only the necessary time in preparatory proceedings and proceedings before a court. The total duration of the criminal proceedings shall not exceed:
(a) one year where criminal prosecution is conducted for an offence;
(b) two years if criminal prosecution is conducted for a crime;
(c) three years if criminal prosecution is conducted for a particularly serious crime;
(d) four years if a criminal prosecution is for a particularly serious crime for which an exceptional penalty may be imposed under the criminal law.
(2) From the time referred to in paragraph 1, one third shall be allocated to preparatory proceedings and two thirds to legal proceedings. If the preparatory or judicial procedure is not completed before the expiry of that period, the defendant shall be released from custody at the latest on the last day of that period. If the defendant is prosecuted for two or more offences, the most severe of the offences is to determine that time. If the offence for which criminal proceedings have been initiated is another offence and the duration of the detention has already exceeded the period laid down for preparatory or judicial proceedings, the defendant must be released immediately from custody.
(3) Binding for the reason set out in Paragraph 67 (b) may last a maximum of three months. If the defendant, who is not in custody at the same time for any other reason, has not been released from custody before the expiry of the period referred to in the first sentence, he shall be released not later than the last day of that period. If it has been found that the defendant has already dealt with witnesses or co-defendants or otherwise obstructed the clarification of the facts relevant to criminal proceedings [Paragraph 68 (3) (d)], he shall decide on the retention of the defendant in custody of the specified time limit in the preparatory proceedings on a proposal from the prosecutor of the judge and after the prosecution has been brought by the court.
(4) The duration of the detention shall be calculated from the date on which the defendant's personal freedom was restricted. When the case is referred back to the State Prosecutor for further investigation, the time limit for preparatory proceedings shall continue to run from the date on which the file was delivered to the State Prosecutor.
(5) The duration of the detention proceedings (Article 265l (4) and Article 265o (2)), the infringement complaint (Article 275 (3)), the application for renewal (Article 282 (2) and Article 287), after the annulment of the sentence of the judgment by the Constitutional Court (Article 314k (1), the enforcement proceedings (Article 350c (1)), and the procedure under Title Twenty-fifth, are examined separately and independently of the connection in the main proceedings.
Where a court has been given a judgment which has sentenced the accused to a particularly serious offence to an unconditional prison sentence, the term of detention shall not count from the date of the publication of such a judgment in the order for the execution of the sentence imposed or until such sentence has been annulled until the total duration of the sentence referred to in Article 72a (1). ';
29.
Tackling authorities
(1) The court shall decide on the taking of the defendant into custody and, in preparatory proceedings, on a proposal from the prosecutor, the judge. The detention of the defendant under Paragraph 69 shall be decided by the judge in the proceedings; in that case, it shall have the same rights and obligations as the Senate and its President.
(2) The application of the defendant for release from custody shall be decided by the court and the preparatory procedure of the prosecutor. If the prosecutor does not comply with the request for release from custody, he shall be obliged to refer it to the Judge for judgment no later than five working days after service; inform the defendant of such action. If the prosecutor agrees to release the defendant for custody, the President of the Chamber may decide to release him in court.
(3) The continued duration of the defendant's custody shall be decided by the court and in preparatory proceedings, on a proposal from the prosecutor of the judge.
(4) The change in the grounds of the detention shall be decided by the court and in preparatory proceedings on a proposal from the prosecutor of the judge; If one of the reasons for the detention has passed, the public prosecutor may also decide to waive the reason for the detention.
(5) An application for the abolition of a restriction on travel abroad imposed on the defendant pursuant to Article 73 (4) or Article 73a (3) shall be decided by the court and the preparatory procedure of the prosecutor.
(6) The decision by which the defendant is released from custody may also be taken by a prosecutor in preparatory proceedings. If the time limit for the decision on the continued duration of the detention referred to in Article 72 is exceeded or the maximum permissible duration of the detention referred to in Article 72a is exceeded, the court and, in the preparatory proceedings, the judge or prosecutor shall only issue an order for release of the defendant for detention. ';
30. After Paragraph 73b, the following Sections 73c to 73g are inserted:
Specific details of the detention decision
In the statement of reasons for the decision to take the defendant into custody or any other decision on detention resulting in the retention of the defendant in custody, in addition to the general requirements (§ 134), the following must also be stated:
(a) facts justifying the suspicion of the offence for which the defendant is being prosecuted;
(b) the specific facts on which the grounds of the link, and, where applicable, the circumstances referred to in paragraphs 3 and 4 of Article 68 and Article 72a (3), are to be taken into account;
(c) the reasons for which it was not possible to achieve the purpose of the binding by other measures.
Binding session
(1) Where the main trial or public meeting involving the defendant is held, the court shall decide on the detention, if necessary, in view of the time limits laid down.
(2) Where the court decides to take the defendant into custody outside the main trial or a public meeting, or where the judge decides to take custody in the preparatory proceedings, it always decides in the custody session.
(3) In cases other than those referred to in paragraphs 1 and 2, a decision shall be taken in a custody meeting if the defendant expressly so requests, or the court and the preparatory proceedings of the judge consider the personal hearing of the defendant necessary for the purposes of the decision on detention. However, it is not necessary to hold a binding session, even if the defendant expressly requested it to be held if:
(a) the defendant subsequently refused to participate;
(b) the defendant has been heard for detention in the last six weeks, has not indicated any new circumstances relevant to the decision on detention or the circumstances referred to him clearly cannot lead to a change in the decision on detention;
(c) the state of health of the defendant does not permit him to be questioned; or
(d) the defendant is released from custody.
Preparation of the detention session
(1) The President of the Chamber and, in the preparatory procedure, the Judge shall call or have the defendant brought to the detention session and inform the prosecutor and the lawyer thereof. Where the arrest of the defendant is decided upon, the lawyer shall be informed if, within a period of 24 hours, within which no later than which detention must be decided, he is available.
(2) The President of the Chamber and, in the preparatory proceedings, the Judge shall determine the time of holding the detention session in such a way as to enable the prosecutor and lawyer to attend the detention session and to comply with the time limits set for the decision on detention.
Presence of persons in detention
(1) The binding session shall be held in court in the presence of all members of the Chamber.
(2) The defendant is always present at the custody meeting; its participation may also be ensured through videoconferencing equipment. The participation of the prosecutor and the lawyer in the detention session is not necessary.
(3) The binding session shall be held without public participation.
Progress of the session
(1) After the opening of the detention session, the President of the Chamber or a designated member of the Chamber shall report the situation of the case to the Judge during the preparatory procedure. Then, depending on the nature of the case, the application for release from custody shall be made by the prosecutor or his lawyer.
(2) The prosecutor, the defendant and his lawyer shall submit their observations and any proposals for carrying out the investigation necessary for the decision on detention. If one of these persons is not present and if his observations and suggestions are contained in the file, or if he so requests, the contents shall be presented by the President of the Chamber or by his designated member of the Chamber and by the Judge in preparatory proceedings. Subsequently, the President of the Chamber and, in the preparatory proceedings, the Judge shall hear the defendant for all the circumstances relevant to the decision on detention. The prosecutor and the lawyer may ask the defendant questions, but only when the President of the Chamber and in the preparatory proceedings has given them the floor.
(3) Where evidence is carried out in a detention session, the provisions on evidence in the main trial shall be applied mutatis mutandis; the limitation in the performance of the evidence by reading the record of the witness or expert's testimony (§ 211 (1) and (5)) shall not apply.
(4) At the end of the detention session, the President of the Chamber and, in the preparatory proceedings, the Judge shall give the floor to the prosecutor, the lawyer and the defendant for the final submissions.
(5) The decision shall always be published in a detention session.
(6) Paragraph 55b, 56 and 57 shall apply mutatis mutandis to the detention session. "
31. Paragraph 74, including the title, reads:
Complaints against the decision on detention
(1) A complaint is admissible against a decision on detention (Sections 68, 69, 71, 71a, 72, 72a (3), 73 and 73a). The provisions on detention sessions (Sections 73d to 73g) shall apply mutatis mutandis to the decision on the complaint against the decision on detention.
(2) The suspensive effect shall be only on the parties' complaint against the decision to place the State's money guarantee and the State's complaint against the decision to release the defendant for custody, if not to release him from custody following the publication of an exoneration judgment. However, if the prosecutor was present at the publication of the decision, his complaint shall have suspensory effect only if it was lodged immediately after the publication of the decision.
(3) If the court decides, on the basis of a complaint, to revoke the decision to take the defendant into custody or to continue to hold custody [Paragraph 149 (1) (b)], it may refer the case back for reconsideration and judgment only because of serious defects in the decision. In such a case, the defendant must be released immediately from custody. '
32. in Paragraph 74a (3):
"(3) Paragraphs 68 (1), 71, 71a, 72, 72a and 74 shall apply mutatis mutandis to decisions on restrictions, their duration and requests to lift restrictions. A complaint shall be admissible against the decision referred to in paragraph 1. The provisions on detention shall not be applied. ';
33. In Paragraph 75, the first sentence is replaced by the following: "If one of the grounds for detention is given (Paragraph 67), the police authority may detain the defendant."
34. In the third sentence of Paragraph 79a (4), "fourteen 'is replaced by" thirty'.
35. in the third sentence of Article 79d (8), "14" is replaced by "30."
36. Paragraph 83a, including the title, reads:
Search warrant for other premises and parcels
(1) Paragraph 83 (1) and (2) shall apply mutatis mutandis to the regulation and inspection of other premises and land.
(2) Without an order, the police authority may inspect other premises or parcels if the issuing of the order cannot be obtained in advance and the matter cannot be delayed. However, the police authority shall request the consent of the authority authorised to issue the order without delay; it shall do so through a public prosecutor in the preparatory procedure. If the authorised authority does not give its consent retrospectively, the result of the inspection may not be used as evidence in the subsequent proceedings.
(3) Without an order, the police authority may also conduct an inspection of other premises or parcels if the user of the premises or parcels concerned declares in writing that he agrees to the inspection and forward his statement to the police authority. However, the police authority shall inform the President of the Chamber authorised to issue the order without delay and in the preparatory procedure of the prosecutor. '
37.In Article 83c (2), the words "or until the execution of a protective measure relating to the deprivation of liberty" shall be added at the end of the text in point (a).
38. in Paragraph 83c (2) (c), the words "for the purposes of extradition or transfer to another State" shall be deleted;
(39) In Paragraph 85b (3), the second sentence is replaced by the following: "In the case of an inspection of other premises carried out by a police authority pursuant to Article 83a (2) or (3), the first President of the Chamber authorised to issue the order shall submit a proposal in accordance with the sentence of the first President of the Chamber authorised to issue the order and in the preparatory procedure by the Prosecutor."
40. In Article 88 (1), the words "particularly serious" shall be deleted and after the word "crime" shall be inserted the words "to which the law provides for a custodial sentence of at least eight years, for a criminal offence in insolvency proceedings under § 226 of the Criminal Code, for infringements of competition rules under § 248 (1) (e) and § 248 (2) to (4) of the Criminal Code, for the negotiation of an advantage in the award of a public contract, for a public tender and for an auction under § 258 of the Criminal Code, for the abuse of the powers of an official person under § 329 of the Criminal Code."
41. In Paragraph 88 (5), the words "or dangerous threats (§ 353 of the Penal Code)" are replaced by the words "dangerous threats (§ 353 of the Penal Code) or dangerous persecution (§ 354 of the Penal Code)."
42. In the third sentence of Paragraph 88 (6), "i 'is deleted.
43. In the first sentence of Paragraph 88 (8), the words "or a police authority 'shall be inserted after the words" Prosecutor'.
44. In Paragraph 88 (8), the last sentence shall be replaced by the sentence "The President of the Chamber of the Court of First Instance shall submit the information without delay after the final date of the final judgment, the prosecutor whose decision has been final, without delay after the expiry of the period for the review of his decision by the State Prosecutor pursuant to Article 174a and the police authority whose decision has been final, immediately after the expiry of the period for the review by the State Prosecutor pursuant to Article 174 (2) (e)."
45. in Paragraph 88 (9), the words "or a prosecutor" are replaced by the words "a prosecutor or a police authority."
46. In Paragraph 88 (9), the words "particularly serious" shall be deleted and the words "to which the law provides for a prison sentence of at least eight years" shall be inserted after the words "crime."
47. in Paragraph 93, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
48. In Paragraph 95 (2), the first sentence is replaced by the following: "If not for a report on the main trial or a public hearing, the record must be submitted to the defendant for reading after the hearing or, if he so requests, be read to him; where the hearing is carried out through a videoconferencing facility, the protocol shall be read to the defendant at his request. The defendant shall have the right to request that the Protocol be supplemented or that corrections be made in accordance with his notice. ';
49. In the second sentence of Paragraph 102 (2), the words "or by playing a video and audio recording of an interrogation carried out through a videoconferencing device 'shall be inserted after the word" protocol'.
50. In Section 103, the words "and 2 'are deleted.
51. In Part One, Subpart Five, the following Section Five is inserted after Section Four:
Interview by videoconferencing equipment
(1) Where the hearing of the accused is carried out through a videoconferencing facility, the defendant shall be informed of the time and place at which the defendant has been summoned. In the event of the hearing of a co-defendant, witness or expert in this manner, the defendant shall be informed of the time and place of the hearing by the competent law enforcement authority.
(2) Where an interview is carried out through a videoconferencing facility, the identity of the person in charge of the hearing shall be verified by the court, prosecutor or police authority responsible for the hearing. A person verifying his identity at the place where the interrogator is present may, with the consent of the interrogator, be an employee of the court, prosecutor, prison or police authority, provided that he has been appointed by the President of that court, the Chief Prosecutor, the warden of the prison or a member of the police authority. The staff member shall be present throughout the interview at the place where the person questioned is located.
(3) The identity of the witness whose identity is classified and whose examination is carried out by means of a videoconferencing facility shall be verified in court by the President of the Chamber or by an employee of the court responsible for ensuring the protection of classified information intended for that activity by the President of the Court and in the preparatory proceedings by an agent of the Public Prosecutor or a police officer responsible for protecting classified information intended for that activity. This staff member shall be present throughout the interview at the place where the witness whose identity is classified is located.
(4) The hearing authority shall instruct the interrogator before the interview is initiated by means of a videoconferencing device on the way in which the hearing is conducted.
(5) At any time during an interview carried out through a videoconferencing facility, the interrogated person may object to the quality of visual or audio transmission. ';
The fifth and sixth sections shall be designated as the sixth and seventh sections.
52. In Paragraph 129, the following paragraph 2 is inserted after paragraph 1:
"(2) If, after the judgment has been delivered or within a court prescribed by a time limit after the judgment has been delivered, the prosecutor and defendant have given up their appeal and have declared that they do not insist on a statement of reasons, and the defendant also declared that he does not wish to hear the appeal of another authorised person for his benefit, the court may draw up a simplified judgment which does not contain a statement of reasons. If the persons entitled can lodge an appeal in favour of the defendant and against his will, the simplified judgment may be drawn up only if they give up the appeal. If the judgment concerns multiple defendants, the statements of the defendant must be justified in the parts relating to the defendant who did not fulfil the conditions for the establishment of a simplified judgment. Where they have the right to appeal, the injured or interested party, and if they have not given up that right, the arguments against which they may appeal, must also be justified. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
53.In Paragraph 129 (3), "3" is replaced by "4."
54. Paragraph 134 (3) is deleted.
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Regulation Information
| Citation | Act No. 459 / 2011 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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