What is Act No. 539 / 2004 Coll.?

Act No. 539 / 2004 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws — Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws.

When it became Act No. 539 / 2004 Coll. effectiveness?

Act No. 539 / 2004 Coll. became effective 01.11.2004.

Is Act No. 539 / 2004 Coll. still valid?

Yes, Act No. 539 / 2004 Coll. is still valid and effective.

How many times was it Act No. 539 / 2004 Coll. amended?

Act No. 539 / 2004 Coll. has 5 time versions of the text.

Act No. 539 / 2004 Coll. - Act amending Act No. 141 / 1961 Coll., o...

539

THE LAW

of 29 July 2004

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:

ČÁST PRVNÍ

Amendment to the Code of Criminal Procedure

Čl. I

Act No. 141 / 1961 Coll., on the criminal proceedings of the judicial (penal order), as amended by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 148 / 1978 Coll., Act No. 166 / 1999 Coll., Act No. 115 / 1993 Coll., Act No. 202 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 150 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 292 / 1993 Coll., Act No. 152 / 1995 Coll.

1. the following Section 9a is inserted after Section 9:

„§ 9a

Preliminary rulings of the Court of Justice

(1) Paragraph 9 shall not apply to questions referred for a preliminary ruling, which are decided exclusively by the Court of Justice established by the provisions of the European Communities (hereinafter referred to as the Court of Justice).

(2) Where a court in proceedings under this law makes a request for a preliminary ruling to the Court of Justice, it shall give a decision to stay the proceedings.

(3) When making a request for a preliminary ruling to the Court of Justice, the court shall comply with the relevant rules governing proceedings before the Court of Justice.

(4) The Court's decision on a preliminary ruling is binding on all law enforcement authorities. "

2. In Article 11, the following paragraph 4 is added:

"(4) Decisions referred to in paragraph 1 (f), (g) and (h) are also decisions of the courts and other judicial authorities of the Member States of the European Union.";

3. In the second sentence of Article 12 (2), "a 'is replaced by" comma and at the end of the sentence the words "and in proceedings concerning criminal offences of members of the Office of Foreign Relations and information entrusted to the authorities of the Office of Foreign Relations and Information' are added.

4. In Paragraph 12 (2), the words "and in the end of the sentence of the third paragraph, in violation of the laws on the location and acquisition of goods in the Member States of the European Communities, where such goods are transported across the national borders of the Czech Republic and in cases of tax infringement, where the customs authorities are tax authorities under specific legislation 'shall be added.

5. In Paragraph 33 (3), the first sentence is added: "The application for a decision referred to in paragraph 2 shall be entitled to file, in addition to the defendant and his lawyer, the persons referred to in paragraph 37 (1)."

6. In Paragraph 33, the following paragraph 4 is inserted after paragraph 3:

"(4) If, by a final decision pursuant to paragraph 2, the defendant has been granted the right to a free defence or defence for reduced remuneration and the defendant requests the provision of a lawyer, the lawyer shall be appointed without delay. The defendant shall determine and, if the reasons for the decision referred to in paragraph 2 are absent, the provisions shall be repealed by the President of the Chamber and by the Judge in the preparatory proceedings. Paragraphs 38 (2), 39 (2), 40 and 40a shall apply mutatis mutandis. ';

Paragraph 4 shall become paragraph 5.

7. 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) to comment on the waiver of the right of application of the principle of speciality in post-extradition proceedings (§ 389 (2), § 406 (3)),

(c) in extradition proceedings to a foreign State (§ 394 (3)),

(d) in proceedings for further transfer to another Member State of the European Union (§ 421 (2) (a));

(e) in a procedure for recognition of a foreign decision (§ 452 (2)); or

(f) the procedure in which protective treatment is decided, with the exception of antialcoholic treatment. "

8. In Article 158b (1), the words "and, if applicable, the Office for Foreign Relations and Information, its Director," shall be inserted after the words "its Director."

9. In the first sentence of Article 161 (3), "a 'is replaced by" comma' and the words "and members of the Office for Foreign Relations and Information 'are inserted after the words" Security Information Services'.

10. In the second sentence of Article 161 (3), "a 'is replaced by" comma' and the words "and members of the Office for Foreign Relations and Information 'are inserted after the words" Security Information Services'.

11. in Article 161 (4), the words "or" shall be replaced by a comma and the words "or members of the Office for Foreign Relations and Information" shall be inserted after the words "Security Information Services";

12. In Article 179a (3), the words "members of the Police of the Czech Republic and members of the Security Information Service" are replaced by the words "members of the Police of the Czech Republic, members of the Security Information Service and members of the Office for Foreign Relations and Information."

13. In Article 224, at the end of the text of paragraph 1, the words "or for the reasons set out in Article 9a (2) 'shall be added.

14. In Article 255 (1), the word "or 'is deleted and at the end of the text of paragraph 1, the words" or for the reason set out in Article 9a' are added.

15. in Article 266a, paragraph 1 is deleted;

Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.

16. in Article 267 (2), "paragraph 2" is replaced by "paragraph 1";

17. in Article 268 (1) (b), the words "(Article 266a (1))" shall be deleted;

18. § 327 reads:

„§ 327

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

(2) The Court of First Instance may waive the execution of the sentence of imprisonment or the remainder of it if the sentenced person has been or is to be expelled.

(3) If the sentenced person is not extradited to a foreign State, transferred to a foreign State in accordance with paragraph 1, or expelled in accordance with paragraph 2, or returned in such cases, transmitted or expelled, the court shall decide that the sentence or the remainder of the sentence shall be served.

(4) The court may waive the execution of the sentence of imprisonment or the remainder thereof also 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. ';

19. In Part Four, Title Twenty-fifth, including the title:

„HLAVA DVACÁTÁ PÁTÁ

_

Oddíl první

General provisions

§ 375

(1) According to the provisions of this Title, the procedure is to be followed only if the declared international treaty, which the Czech Republic is bound by, does not provide otherwise.

(2) Under this Title, the proceedings concerning the requests of an international criminal court established pursuant to a declared international treaty binding the Czech Republic or an international criminal tribunal established by a decision of the United Nations Security Council issued pursuant to Chapter VII of the Charter of the United Nations to which the Czech Republic is bound, hereinafter referred to as "the Tribunal," shall also be followed, unless otherwise provided for in a special law. Paragraphs 376, 377 and 432 (1) shall not apply.

(3) The procedure laid down in the second section of this Title on extradition shall apply mutatis mutandis to proceedings and decisions concerning the transfer of a person to an international criminal court or tribunal, unless otherwise provided for in a special law. Paragraphs 392, 393 (1) (b) to (j) and 2 and 399 (2) shall not apply.

(4) The procedure laid down in the fourth Section of this Title shall apply mutatis mutandis to proceedings and decisions on the transit of a person through the territory of the Czech Republic for the purposes of proceedings before an international criminal court or tribunal or for the purposes of the execution of a sentence imposed by an international criminal court or tribunal, unless otherwise provided for in a special law.

(5) The procedure laid down in Section 7 of this Title on the recognition and enforcement of foreign decisions shall apply mutatis mutandis to the enforcement of decisions of an international criminal court or tribunal, unless otherwise provided for in a special law. Such a decision shall also mean the decision of the international criminal court or tribunal on the restitution of property or the compensation of victims. Punishment of an act under the law of the Czech Republic (§ 449) is not required. Paragraphs 450 (1) (d) to (g) and 451 (1) shall not apply.

§ 376

Mutual

(1) If the legal relationship between the Czech Republic and the requesting State is not regulated by an international treaty, the authorities active in the criminal proceedings of the Czech Republic shall comply with such a request if the requesting State provides a guarantee that it will comply with a similar request from the Czech authorities.

(2) If the requested State, in the legal proceedings referred to in paragraph 1, makes compliance with the request of an authority active in criminal proceedings of the Czech Republic subject to a reciprocity guarantee, it may be provided by the Ministry of Justice or, in the case of preparatory proceedings, by the Supreme Prosecutor.

(3) The procedure laid down in paragraphs 1 and 2 shall be excluded if the processing of such an application is conditional on the existence of an international agreement under the provisions of this Title.

§ 377

Protection of State interests

The request of an authority of a foreign state may not be granted if its execution would infringe the Constitution of the Czech Republic or such provision of the legal order of the Czech Republic, on which it should be maintained without reservation, or if other significant protected interest of the Czech Republic would be harmed by the execution of the request.

§ 378

Protection and use of information

(1) Paragraph 8a shall apply mutatis mutandis to the provision of information by the authorities of the Czech Republic on their progress under the provisions of this Title.

(2) The authorities of the Czech Republic shall not publish or provide, without the express consent of the competent authority of a foreign State, information or evidence obtained from it on request received or sent under or in connection with the provisions of this Title, nor shall they use it for purposes other than those for which they have been sent or requested, if the declared international agreement which the Czech Republic is bound to do so or if the information or evidence has been provided only subject to compliance with those restrictions.

§ 379

Service of applications

(1) The authorities of the Czech Republic may initiate proceedings under this Title at the request of the authority of a foreign State which has been delivered to them by telephone, fax or electronic means in accordance with specific legislation, provided that they have no doubts as to its reliability and that they do not accept the matter of delay. The original of the application shall subsequently be submitted within a time limit set by the requested authority.

(2) Service of a document in criminal proceedings to a person in a foreign state by post is only possible if the international treaty so declared is so established, which the Czech Republic is bound by.

(3) Applications under this Title may also be sent to or from a foreign State through the International Criminal Police Organisation (Interpol), in particular if they do not accept a postponement.

(4) Data and information on the time and other details of the transfer, taking over and transport of persons or goods under Section 380 may also be exchanged through Interpol.

§ 380

Recruitment and transfer of persons and goods

(1) A person issued or transferred from a foreign State shall be taken over by the authorities of a foreign State by the Police of the Czech Republic upon request under this Title. The person thus taken over shall be transferred by the Police of the Czech Republic to the nearest detention or other prison, unless otherwise provided for in the provisions of this Title. The detention of the person in the prison shall be notified without delay by the competent court and the prosecutors who supervise the prison.

(2) A person issued or transferred to a foreign State following a request submitted pursuant to the provisions of this Title shall be taken over by the Police of the Czech Republic from a detention or prison and transmitted to the authorities of a foreign State.

(3) The transit of a person through the territory of the Czech Republic pursuant to § 422 to 424 will be carried out by the Police of the Czech Republic.

(4) The police of the Czech Republic will also carry out the transfer or return of a case pursuant to § 441 and the taking-over or return of a case from a foreign State at the request of the authorities of the Czech Republic, if it is not possible or appropriate to send a case by mail, as well as transit of the case through the territory of the Czech Republic at the request of the authorities of a foreign State.

(5) Persons who, pursuant to the provisions of this Title, are transferred to authorities of a foreign State or who are taken over from the authorities of a foreign State need not be equipped with travel documents for the purpose of crossing national borders.

§ 381

How the court decides

In proceedings under this Title, the court shall act by order unless otherwise provided for in this Title.

§ 382

Costs

(1) The costs incurred by an authority of the Czech Republic in the handling of an application by a foreign State under this Title are borne by the State.

(2) Where the declared international agreement, which the Czech Republic is bound by, allows the costs referred to in paragraph 1 or part thereof from the requesting State, or even without such an international agreement, if it is customary in the State of the requesting and requested States, the authority to which the costs have been incurred shall submit to the Ministry of Justice a quantification of those costs, their justification and details of the bank connection for the purpose of making them available to the requesting State.

(3) The costs incurred by a foreign State in connection with a request from an authority of the Czech Republic and the reimbursement of which the requested State has claimed in accordance with the declared international agreement, which the Czech Republic is bound by, or without, such an international agreement, if it is customary for the State of the applicant and the requested State to do so, shall be borne by the State. The costs incurred by a foreign State in the transit of a person or a thing from another State to the Czech Republic in connection with an application from an authority of the Czech Republic and the reimbursement of which that State requests shall be borne by the State. This is without prejudice to the right to require the reimbursement of such costs after being convicted in the context of the reimbursement of the costs of criminal proceedings.

Oddíl druhý

Issue

Request from abroad

§ 383

(1) The authority entitled to claim the accused from a foreign State is the Ministry of Justice. It does so at the request of the court which issued the international arrest warrant pursuant to § 384.

(2) If it is reasonable to assume that the defendant will not be extradited from a foreign State, the Ministry of Justice shall immediately inform the court which issued the international arrest warrant, stating the reasons for which the defendant may be expected not to be extradited from a foreign State.

(3) On the basis of the information referred to in paragraph 2, the court may, after examining the grounds for which the accused may be expected not to be extradited from a foreign State, revoke the international arrest warrant. They shall take a decision in private session.

(4) In the absence of a extradition procedure for the purposes of the execution of a custodial sentence, the prosecutor may lodge a complaint against the decision referred to in paragraph 3 with suspensive effect.

§ 384

(1) If the defendant is detained in a foreign State and needs to be requested, the President of the Chamber or the Judge of the competent court shall issue an international arrest warrant (the arrest warrant). It shall do so in the preparatory procedure on a proposal from the Prosecutor.

(2) The arrest warrant must contain:

(a) the name, address, telephone number, fax and e-mail address of the issuing authority;

(b) the name and surname of the defendant, other personal data enabling him to be identified and the nationality and, where appropriate, his description, photograph and fingerprints;

(c) a description of the facts with a precise indication of the time, place and manner of the act;

(d) the legal name of the offence with the literal wording of the relevant legal provisions, including the prescribed criminal rate for the offence;

(e) provisions on limitation periods and a description of the actions affecting the passage of the limitation period, provided that a period of more than 3 years has elapsed since the crime was committed until the arrest warrant was issued.

(3) In addition to the information referred to in paragraph 2 (a) to (d), the arrest warrant for the purposes of a request from a foreign State for the execution of a custodial sentence must include, in addition to the information referred to in paragraph 2 (a) to (d), an indication to which court and to which penalty it has been sentenced, and an indication of the manner in which the rights of the defendant's defence have been secured in proceedings where the judgment has been given in proceedings against or in his absence, with the addition of the text of Paragraph 306a. The arrest warrant shall also contain a limitation clause and a description of the acts affecting the passage of the limitation period where a period of more than 5 years has elapsed from the legal authority of the judgment to the issuing of the arrest warrant. The arrest warrant shall be accompanied by the original or a copy of the judgment with a legal instrument.

(4) The arrest warrant shall bear the signature of the judge who issued it and the stamp of the court. If the requested State is also required to deliver a translation of the arrest warrant into a foreign language, the court shall attach to it a translation by the interpreter. The same applies to the translation of the judgment as regards the request of the sentenced person to serve the prison sentence.

(5) The arrest warrant expires

(a) its abolition;

(b) the supply of a person issued to the court issuing the arrest warrant; or

(c) the transfer of a person to another authority in the Czech Republic who is entitled to accept it.

(6) The Court of First Instance which issued the arrest warrant shall abolish it if the grounds for which it was issued have ceased to exist or if additional grounds for which it cannot be issued are found (§ 385). He shall immediately inform the Ministry of Justice of the revocation of the arrest warrant, to which he shall also deliver a resolution on the revocation of the arrest warrant. The Ministry of Justice shall ensure that the necessary measures are implemented.

§ 385

The court shall not issue an arrest warrant if:

(a) provides for the imposition of a penalty other than an unconditional custodial sentence or an unconditional custodial sentence of less than four months;

(b) the sentence of imprisonment to be executed or the remainder of it shall be less than four months;

(c) the release of the Czech Republic would entail costs or consequences manifestly disproportionate to the public interest in the prosecution or execution of the sentence of imprisonment of the person concerned;

(d) a request from a foreign State would be caused by a person whose extradition would be manifestly disproportionate to the importance of criminal proceedings or the consequences of a criminal offence, in particular with regard to his age, social status or family circumstances.

§ 386

(1) If the case is not brought by a postponement, the Ministry of Justice may, at the request of the President of the Chamber or of the Judge of the court responsible for issuing the arrest warrant, request the authorities of a foreign State to place prior custody of the defendant. In preparatory proceedings, the court shall do so on a proposal from the prosecutor. The application shall contain the information referred to in Article 384 (2) (a) to (e) as well as a statement that the defendant has been or will be issued with an arrest warrant and will be subsequently requested to be issued.

(2) The Court of First Instance shall send an arrest warrant drawn up in accordance with Paragraph 384 (2) to (4), accompanied by a translation into the relevant language to the Ministry of Justice of the relevant language, subsequently and no later than 10 days from the date on which the request made by the Court pursuant to paragraph 1 was received by the Ministry of Justice.

§ 387

(1) The defendant to be given by a foreign State shall be taken over by the police authorities and delivered without delay to the court whose President of the Chamber issued the arrest warrant. If the defendant is issued by multiple courts on the basis of arrest orders, he shall be submitted to a court designated by the Ministry of Justice.

(2) If no extradition is required, the President of the Chamber shall hear the defendant within 24 hours of surrender and decide on detention. Paragraph 67 to 74 shall apply mutatis mutandis to the procedure for taking custody.

(3) The time spent transporting the defendant to the Czech Republic is not counted against the time limits laid down in § 71; however, this period is counted against the duration of the sentence in the Czech Republic.

§ 388

(1) If the defendant has been issued by a foreign State subject to reservation, the reservation must be complied with.

(2) Where a person has been requested or extradited for the execution of a custodial sentence only for one of the offences for which a total or aggregate sentence has previously been imposed, the court shall, in a public session, determine the appropriate penalty for the offences covered by the extradition.

(3) If the requested State gives the person to whom the sentence has been imposed by a final judgment, subject to the procedure preceding the extradition, the court shall hear the person delivered in a public session, and

(a) if the person concerned agrees to the enforcement of the sentence imposed, the court shall decide that the judgment shall be served; or

(b) if the person concerned does not agree to the enforcement of the sentence imposed, the court shall, to the extent necessary, revoke the judgment and at the same time decide on detention; in the subsequent proceedings it shall proceed mutatis mutandis in accordance with Section 306a.

(4) The proceedings referred to in paragraph 3 shall be brought by the competent court which has given its decision at first instance.

(5) The decision referred to in paragraph 3 (b) shall have suspensory effect against a complaint which, in the absence of a custody decision, shall have suspensory effect.

§ 389

Speciality principle

(1) The defendant may be prosecuted only for the offences for which he has been issued, unless:

(a) has remained in the territory of the Czech Republic for more than 45 days after his release from custody or execution of the sentence, even though he may have left him;

(b) has left the territory of the Czech Republic and voluntarily returned or has been brought into the territory of the Czech Republic legally from a third State;

(c) the requested State has waived the application of the principle of speciality or has given additional consent to prosecution for other offences; or

(d) has expressly waived the right to apply the principle of speciality in general or to specific offences committed prior to its extradition.

(2) If the person issued has not given up the application of the principle of speciality referred to in paragraph 1 (d) and if the declared international treaty, which the Czech Republic is bound to do so, the court which issued the arrest warrant shall hear such person in the presence of its lawyer and inform him of the possibility of waiving the right to apply the principle of speciality as well as the consequences of that declaration. The court shall enter in the Protocol the offences covered by this declaration, by their legal name, number and description of the act so that they cannot be confused with another offence.

(3) For the additional consent referred to in paragraph 1, points (b) and (c) shall apply. (c) the request by the requested State to take over the criminal prosecution of a person who has been issued for offences committed in his territory before it is issued shall also be considered. This also applies to a criminal notification lodged by the requested State.

(4) Paragraph 383 and 384 shall apply mutatis mutandis to a request for additional consent by the requested State for criminal prosecution for an offence other than that which was the subject of the original extradition request.

(5) Until the requested State has given additional consent to prosecutions for other offences, only urgent or non-reproducible acts may be carried out in proceedings concerning such offences.

(6) Paragraphs 1 to 4 shall also apply mutatis mutandis to the execution of a custodial sentence imposed on a person by a court of the Czech Republic prior to his extradition and which was not the subject of the original application for extradition.

§ 390

Temporary takeover of the person issued

(1) If, following authorisation of extradition, the requested State does not hand over the person issued on the territory of the Czech Republic on the grounds that the authorities of that State are being prosecuted or are to carry out a custodial sentence imposed by its authorities in respect of a criminal offence other than that which has been the subject of an extradition request, the President of the Chamber or the Judge who issued the arrest warrant may request the Ministry of Justice to ensure the temporary takeover of the requested person in the territory of the Czech Republic in order to carry out the acts necessary to end the criminal prosecution. It shall do so in the preparatory procedure on a proposal from the Prosecutor.

(2) The Court of First Instance shall, in its request to the Ministry of Justice, indicate for which acts the presence of the requested person is necessary, indicating the date or period during which its presence should be ensured.

(3) Paragraph 440 shall apply mutatis mutandis to proceedings for the temporary takeover of the requested person.

Issue abroad

§ 391

(1) The Ministry of Justice is responsible for accepting a request from foreign authorities for extradition from the Czech Republic to a foreign state. The effects of the notification shall also include the receipt of a request to the Supreme Public Prosecutor, which shall be forwarded by the request to the competent public prosecutor for preliminary enquiries pursuant to Section 394; he shall always forward a copy of the request to the Ministry of Justice. If the competent prosecutor is not known, he shall refer the request to the Ministry of Justice.

(2) A request from a foreign State for extradition must be accompanied by:

(a) the original or a certified copy of the condemning judgment, the arrest warrant or any other decision having the same effect;

(b) a description of the action for which the extradition is sought, including an indication of the time and place of his commission and his legal qualifications;

(c) the text of the legislation of the requesting State used.

(3) If the application has not been accompanied by the documents and particulars referred to in paragraph 2, or the information provided by the requesting State is insufficient, the Ministry of Justice shall request additional information if the declared international agreement, which the Czech Republic is bound by, does not allow the direct contact of the judicial authorities. In that case, it may set a time limit for their submission.

§ 392

Offences subject to extradition

(1) The extradition of a person to a foreign state is permissible if the act for which extradition is sought is a criminal offence under the criminal law of the Czech Republic and the maximum prison sentence which may be imposed under the criminal law of the Czech Republic is at least one year.

(2) The extradition of a person to a foreign State for the execution of a custodial sentence already imposed or a detention measure ("protection measure ') for an offence referred to in paragraph 1 shall be admissible if the sentence or protection measure to be imposed is at least four months. More penalties or protective measures imposed or any outstanding remnants of such penalties or protective measures shall be added together where possible, depending on the nature of the penalty or safeguard measure.

(3) Where a foreign State has requested the extradition of a person for several offences, at least one of which fulfils the conditions set out in paragraph 1, the extradition shall also be admissible for criminal prosecution conducted for other offences or for the purpose of the execution of other criminal penalties for which it would otherwise not be permitted because of the scale of the sentence or the remainder of the sentence.

§ 393

Inadmissibility of issue

(1) Issue of a person to a foreign State is inadmissible if:

(a) he is a citizen of the Czech Republic,

(b) is a person who has been granted asylum status in the Czech Republic, within the scope of protection provided to him by a special law or international treaty;

(c) criminal prosecution or the execution of a prison sentence shall be suspended under the laws of the Czech Republic;

(d) prosecution is inadmissible as a result of the grant of pardons or amnesty;

(e) the offence for which extradition is sought is of a purely political or military nature;

(f) the offence consists of a violation of tax, customs, foreign exchange or a violation of other financial rights of the State;

(g) the offence has been committed in the territory of the Czech Republic, except where, in view of the specific circumstances of the commission of the offence, priority should be given to the execution of criminal proceedings in the requesting State for the reasons of the proper identification of the facts and of the grounds relating to or the execution of the sentence;

(h) the offence for which extradition is sought may be punishable in the requesting State, except where the requesting State ensures that the death penalty is not imposed;

(i) the requesting State requests extradition for the execution of the death penalty; or

(j) the requested person was not liable for the offence under the law of the Czech Republic at the time of his or her commission, or other reasons are given to exclude his or her criminal liability.

(2) Where a person is to be extradited to a State which is a Contracting Party to the Convention for the Implementation of the Agreement signed on 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at common borders, the reasons for the inadmissibility of the extradition provided for in paragraph 1 (c) and (d) shall not be taken into account.

§ 394

Preliminary investigation

(1) The Prosecutor of the Regional Prosecutor, to whom the Ministry of Justice or the Supreme Prosecutor has sent a request to a foreign State for extradition or who has learned of a crime for which a foreign State might request extradition, will conduct a preliminary investigation. In particular, the purpose of the preliminary investigation is to establish whether the extradition of a person to a foreign State does not prevent the facts set out in Paragraph 393 (1).

(2) The preliminary investigation shall be initiated by detaining a person pursuant to Paragraph 395 or requesting the necessary reports.

(3) In extradition proceedings, the person concerned must have an attorney.

(4) The public prosecutor shall hear such a person and inform him of the content of the extradition request, unless he has already done so during detention under Paragraph 395 (1). Where that person indicates and offers evidence that may be carried out without significant delay, the provisional investigation shall also apply.

(5) The Ministry of Justice shall, at the initiative of the public prosecutor or without such initiative, return the request for extradition to the authority of the State which applied for extradition if:

(a) the person whose extradition has been requested has died,

(b) the person for whom the extradition has been requested is not liable, in accordance with the law of the Czech Republic, for his or her age;

Citation	Act No. 539 / 2004 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	22.10.2004
Effective from	01.11.2004
Effective until	-
Status	Valid

Act No. 539 / 2004 Coll.

Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws

Contents