Act No. 52 / 2009 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Valid
Law
Effective from 01.04.2009
52
THE LAW
of 5 February 2009
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. 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 / 2004, 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. 2006, Act No. 100, Act No. 100, Act No. 2006, No 2006, No 2006, No 2006, No. 100, No 2006, No 1999, No 2006, No 1999, No 2006, No 2006, No 2006, No 2006, No 2006, No 1999, No 2006, No 2006, No 2006, No 1999, No 1999, No 1999, No 2006, No 1999, No 1999, No 1999, No 1999, No.
1. The heading above Section 8a reads: "Provision of information on criminal proceedings and persons involved therein '.
2. § 8a reads:
(1) In providing information on their activities to the public, the law enforcement authorities shall ensure that they do not jeopardise the clarification of the facts relevant to criminal proceedings, do not disclose data not directly related to criminal activity and do not infringe the principle that until a final conviction is ruled out, the person against whom criminal proceedings are conducted cannot be regarded as being guilty (§ 2 (2)). In preparatory proceedings, they shall not disclose information enabling the identification of the person against whom the criminal proceedings are conducted, the injured party, the interested party and the witness to be identified; such information may, to the extent necessary, be disclosed only for the purpose of searching for persons or for the purpose of criminal proceedings.
(2) When providing the information referred to in paragraph 1, law enforcement authorities shall take special care to protect personal data and the privacy of persons under the age of 18.
(3) The law enforcement authorities shall inform the public of their activities by providing the information referred to in paragraph 1 to the public media; the provision of information shall be refused for reasons of protection of the interests referred to in paragraphs 1 and 2. If, in preparatory proceedings, a prosecutor reserves the right to provide information on a particular criminal case, the police authority may provide it only with its prior consent. ';
3. the following Sections 8b and 8c are inserted after Section 8a:
(1) Persons to whom information concerning persons referred to in Article 8a (1) has been provided by law enforcement authorities for the purposes of criminal proceedings or for the exercise of the rights or obligations laid down by a specific law may not provide them to anyone further unless such provision is necessary for those purposes. This must be learned from these people.
(2) No person may, in the context of an offence committed against the injured party in any way, disclose information enabling the identification of the injured party, who is a person under 18 years of age, or against whom a criminal offence of pimping or distribution of pornography or any of the offences against life and health, freedom and human dignity or against family and youth has been committed.
(3) The publication of images, images and phonograms or other information on the course of the main trial or public meeting which would enable the identification of the injured party referred to in paragraph 2 to be established shall be prohibited.
(4) The judgment may not be published in the public media, giving the name or, where appropriate, the names, surnames and residence of the injured party referred to in paragraph 2. The President of the Chamber may, taking into account the person injured and the nature and nature of the offence committed, decide on further restrictions linked to the publication of a final judgment of condemnation in order to protect the interests of such a person.
(5) The prohibition of disclosure referred to in paragraphs 2 to 4 does not apply,
(a) if this law allows them to be published,
(b) where their publication is necessary for the purpose of searching for persons or for the purpose of criminal proceedings; or
(c) give the injured prior written consent to their publication; where the injured party is under 18 years of age or is deprived of legal capacity or is limited to legal capacity, such consent shall also be given by his legal representative.
Unless otherwise provided for in this law or in a specific legislation, no person may, without the consent of the person who relates to such information, disclose information on the Regulation or the conduct of the wiretap and the recording of telecommunications operations pursuant to Paragraph 88 or the information obtained therefrom, the data on telecommunications traffic established on the basis of an order under Paragraph 88a, or information obtained by the monitoring of persons and goods pursuant to paragraphs 2 and 3 of Article 158d, provided that the identification of that person is not made available as evidence in court proceedings. ';
4. In Article 378 (1), the words "apply the provisions of § 8a 'are replaced by the words" apply the provisions of § 8a to 8c'.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 52 / 2009 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2009 |
|---|---|
| Effective from | 01.04.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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