What is Act No. 55 / 2017 Coll.?

Act No. 55 / 2017 Coll., amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws — Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws.

When it became Act No. 55 / 2017 Coll. effectiveness?

Act No. 55 / 2017 Coll. became effective 18.03.2017.

Is Act No. 55 / 2017 Coll. still valid?

Yes, Act No. 55 / 2017 Coll. is still valid and effective.

Act No. 55 / 2017 Coll. - Act amending Act No. 40 / 2009 Coll., Pe...

55

THE LAW

of 19 January 2017

amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Penal Code

Čl. I

Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 140 / 2012 Coll., Act No. 105 / 2013 Coll., Act No. 241 / 2015 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 47 / 2016 Coll.

1. In Paragraph 70, at the end of paragraph 3, the sentence "The confiscation of a case also affects the fruits and benefits of a case belonging to the perpetrator."

2. In Paragraph 98 (1), the words "prevent parts of property 'shall be inserted after the words" cases'.

3. In Paragraph 98, at the end of paragraph 3, the sentence "Obtaining part of the property may not be imposed in addition to forfeiting the same part of the property."

4. In Article 101 (1) of the Introductory Part of the provision, the words "paragraph 2 (a) 'shall be inserted after the words" Paragraph 70'.

5. Paragraph 101 (2) reads as follows:

"(2) A court may order a case which has been obtained by a criminal offence or as a reward for a criminal offence, or which has, even in part, been acquired for a case obtained by a criminal offence or for a case constituting a remuneration for a criminal offence, where the value of a case which has been obtained by or as a reward for a criminal offence is not negligible in relation to the value of the offence obtained, and where such a case:

(a) belong to the offender who has been convicted of the offence from which the case originates;

(b) belong to an offender who cannot be prosecuted or convicted;

(c) it belongs to the perpetrator whose punishment has been dropped,

(d) belong to a deranged person who has committed an otherwise criminal offence;

(e) belong to another person to whom the offender has transferred such a case or who has otherwise acquired it; or

(f) is part of assets in a trust fund or similar institution (hereinafter referred to as "trust fund") or in a holding fund. "

6. In Paragraph 101, the following paragraph 3 is inserted after paragraph 2:

"(3) It also prevents the fruits and benefits of the things that belong to the person whose cause is occupied."

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

7. In Paragraph 101 (6), "4 'is replaced by" 5'.

8. The following Section 102a is inserted after Section 102:

„§ 102a

Preventing part of the property

(1) The Court may order a part of the property to prevent an offender who has been recognised as guilty by an intentional criminal offence, for which the criminal law provides for a maximum criminal penalty of at least four years, or a criminal offence of the manufacture and other treatment of child pornography (§ 192), an unlawful access to the computer system and the information medium (§ 230), an action and possession of access equipment and a password to the computer system and other such data (§ 231), a pledging of a public contract and a public tender (§ 287), or an indirect exploitation of plants containing a narcotic or a psychotropic substance (§ 333), or an attempt to obtain a property benefit from it, and a portion of its property is a result of an offence which has been committed, or has been committed to the property by virtue of property, or has been committed by virtue of a criminal offence, or has been committed by virtue of a criminal offence of a criminal offence, or a criminal offence of a criminal offence (§ 257),

(2) The Court of First Instance may order that part of the property be prevented in relation to a case which could otherwise be prevented under paragraph 1 where the offender:

(a) transferred to another person free of charge or under clearly advantageous conditions and that person knew or could and should have known that he had transferred such a thing to him in order to avoid it, or that such a thing was acquired in violation of the law;

(b) transferred to a close person,

(c) transfer to a legal person in which he or she has himself or in conjunction with persons close to a majority interest, a majority interest in voting rights or a decisive influence on the proceedings, and makes use of such a case, free of charge or under clearly favourable conditions;

(d) transferred to a trust fund; or

(e) acquired in the joint wealth of the spouses.

(3) The Court of First Instance, when determining the part of the property which it imposes on it, provides for specific cases to be prevented. Where a gross discrepancy has been established between the value of the property and the income of the offender acquired in accordance with the law in the reference period, it may thus determine any case of the offender of value up to the amount of the gross discrepancy found.

(4) If it is not known where the goods which could be prevented, located or prevented are not suitable, in particular with regard to the rights of third parties, or if the person who could have been prevented could prevent it from being destroyed, damaged, alien, or otherwise thwarted, the court may impose an order to prevent the replacement value, including the sum of money, up to the amount corresponding to the value of such a case. The value of the case which the court may have ordered shall be determined by the court on the basis of an expert opinion or expert opinion.

(5) It also prevents the fruits and benefits of the thing belonging to the person to whom such a thing is taken. It shall not apply to matters which are strictly necessary to satisfy the living needs of a person who occupies a part of the property or persons whose nutrition or upbringing is required by law. ';

9. In the second sentence of Paragraph 103 (1), "4 and 5 'is replaced by" 5 and 6';

10. In Article 104 (1), the words "the acquired part of the property 'shall be inserted after the words" the case'.

11. in Paragraph 104 (2), the words "prevent a part of the property" shall be inserted after the words "prevent a case," the words "Paragraph 101 (4)" shall be replaced by "Paragraph 101 (5)" and the words "Paragraph 101 (5)" shall be replaced by "Paragraph 101 (6)."

12. In Paragraph 135, the words "or owner 'and the words" owner' are deleted.

13. In Section 227, the words "his property or property of the legal person for which he is entitled to act 'are replaced by the words" property'.

14. At the end of footnote 1, the sentence "Directive 2014 / 42 / EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instruments and proceeds from crime in the European Union 'is added.

Čl. II

Transitional provision

For the purposes of the imposition of a safeguard measure, a part of the property pursuant to Section 102a of Act No. 40 / 2009 Coll., as effective from the date of entry into force of that Act, may be taken into account only in determining the gross difference between the value of the property acquired or transferred by the offender to another person or to assets in a trust fund or similar establishment from the date of entry into force of that law.

ČÁST DRUHÁ

Amendment to the Code of Criminal Procedure

Čl. III

Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 6, No 5, No 5,

1. The following Section 7a is inserted after Section 7:

„§ 7a

(1) In order to establish the nature, extent or location of the items for the purposes of securing them, to establish the property regimes of the defendant or to ensure the execution of criminal penalties, the President of the Chamber and, in the preparatory proceedings, the prosecutor or the police authority may invite the person whose property is ascertained, or the person close to him, to send him a declaration of the property of the person whose property is ascertained within a reasonable time. The person invited shall have the right to refuse a declaration of property; Article 92 (1), Article 100 and Article 158 (8) shall apply mutatis mutandis. The invitation shall draw the attention of the person to make the declaration of property to the consequences of failure to comply with it and shall be informed of its right to refuse the declaration of property.

(2) The person referred to in paragraph 1 shall be invited to enter in the property statement, to the extent that such facts are known to him, information relating to the property of the person whose property is examined, in particular:

(a) the payer of remuneration from an employment relationship or a relationship similar to that of an employment or other income and the amount of such remuneration or other income;

(b) where a bank, savings and credit cooperative, electronic money institution, small-scale electronic money issuer, payment institution, small-scale payment service provider or similar foreign person has accounts, amounts of claims and account numbers or other unique identifiers under the Payment Act;

(c) debtors to which that person has claims, their reason, amount and maturity period;

(d) an overview of the cases owned or co-owned by that person, including the amount of the joint ownership and the location of the cases; and

(e) trust funds or similar facilities which the person has set up or for which he is fabricated.

(3) The President of the Chamber and, in the preparatory procedure, a prosecutor or a police authority may invite the person referred to in paragraph 1 to make a new declaration of the property of the person whose property is ascertained, if he considers that there is a change in the property circumstances of the person whose property is ascertained.

(4) Where a person who has been requested to make a declaration of property has not sent such a declaration within the prescribed time limit or where the law enforcement authority which has requested it to make a statement of property has doubts as to the veracity or completeness of the declaration made to him, he may call him to give a statement; the provisions of this law governing the submission of explanations, the hearing of the defendant and the hearing of the witness shall apply mutatis mutandis. ';

2. In Article 8 (2), the first sentence is replaced by the following: "If, in criminal proceedings, this is necessary in order to properly clarify the circumstances suggesting that an offence has been committed, to establish the nature, extent or location of the items for the purposes of securing them, to establish the property regimes of the accused or to ensure the execution of a criminal penalty, the Prosecutor may, following the filing of an indictment or application for punishment, request the President of the Chamber for information relating to bank secrecy and the registration of investment instruments and book-entry securities."

3. In Paragraph 8 (2), the following sentence is inserted after the second sentence: "In criminal proceedings in which a protective measure may be imposed to prevent part of the property, the prosecutor may, and after the indictment or application for punishment, the President of the Chamber may request information from the tax administrator on the decision to determine the income tax for the purpose of assessing compliance with the conditions for the imposition of such protection measure or for the purpose of ensuring that it is implemented; the provision of information under this provision is not a breach of the obligation of secrecy under the tax rules. ';

4. In the fourth sentence of Paragraph 8 (2), the words "for other purposes' shall be inserted after the words" taxation '.

5. In the first sentence of Paragraph 8 (3), the words "or book-entry securities' shall be inserted after the words" instruments' and the words "special law 'shall be replaced by" other legislation'.

6. In the second sentence of Paragraph 8d (2), the words "deprived of legal capacity or with limited legal capacity 'are replaced by the words" with limited discretion'.

7. In Paragraph 8d (2), the words "or guardian 'shall be added at the end of the second sentence.

8. in Article 11 (1), the following points (f) and (g) are inserted after point (e):

"(f) against him whose severe illness permanently excludes his or her position before the courts,

(g) against whom a mental illness which has occurred after the crime has been committed permanently makes it impossible to understand the meaning of criminal prosecution; "

Points (f) to (k) shall be renumbered as points (h) to (m).

9. In Paragraph 11 (2) (b) (4), "(i) or (j) 'is replaced by" (k) or (l)';

10. in Article 11 (4), "or (i)" is replaced by "or (k)";

11. in Article 30 (1), the word "guardians" shall be inserted after the words "legal representatives."

12. In the seventh sentence of Paragraph 33 (1), the words "if he is deprived of legal capacity or is restricted to legal capacity 'shall be replaced by the words" if his capacity is restricted'.

13. In Section 34, the words "Legal representative 'are replaced by the words" Caretaker'.

14. In the first sentence of Article 34 (1), the words "The legal representative of the defendant who is deprived of legal capacity or whose legal capacity is limited 'shall be replaced by the words" The guardian of the defendant who is restricted in his capacity'.

15. in § 34 (1) second sentence, § 37 (1), § 198 (2) and § 215 (1), the words "legal representative" are replaced by the words "guardian."

16. in Paragraph 34 (2):

"(2) Where there is a danger of default and the guardian is unable to exercise his rights as referred to in paragraph 1 or if he has not been appointed by the defendant, even though the reasons for his provision are given, the President of the Chamber and, in the preparatory proceedings, the Prosecutor shall appoint the defendant to exercise those rights as guardian. A person other than a lawyer may be appointed guardian only with his consent. It cannot establish a person who can be reasonably concerned that he will not properly defend the interests of the accused for his interest in the outcome of the proceedings. The order of the guardian shall be notified to the person appointed by it and, if the nature of the case does not exclude it, to the defendant. A complaint shall be admissible against the order of the guardian. '

17. in Article 36 (1) (b):

"(b) where his own competence is restricted, ';

18. in Article 36a (1) (a):

"(a) where his capacity is restricted, ';

19. In the second sentence of Paragraph 37 (1), the words "deprived of legal capacity or limited legal capacity 'shall be replaced by the words" restricted in law'.

20. In Paragraph 41 (4), the words "deprived of legal capacity or legal capacity 'shall be replaced by the words" incapacity of the accused'.

21. in Paragraph 42 (1), the words "or part of the property" shall be inserted after the words "the case."

22. in Paragraph 42 (3):

"(3) If the person concerned is not fully competent or is restricted to his or her own right, his or her legal representative or guardian shall exercise his or her rights under this law. Where there is a danger of delay and the legal representative or guardian is unable to exercise the rights set out in the sentence first or if the guardian has not been established, although the reasons for its provision are given, the guardian must be immediately established. Where there is a danger of delay and the person concerned is a legal person and does not have the capacity to act in proceedings, the guardian shall also be immediately established. ';

23. In Paragraph 42, the following paragraph 4 is inserted after paragraph 3:

"(4) The guardian shall be appointed by the President of the Chamber and by the Prosecutor in the preparatory procedure. A person other than a lawyer may be appointed guardian only with his consent. It cannot establish a person who may be reasonably concerned that he will not properly defend the interests of the person concerned for his interest in the outcome of the proceedings. The order on the provision of a guardian shall be notified to the person appointed by it and, if the nature of the case does not exclude it, to the person concerned. A complaint shall be admissible against a decision on the provision of a guardian. ';

Paragraph 4 shall become paragraph 5.

24. In Article 42 (5), the words "trust or unit 'are replaced by the words" in a trust fund or similar facility or in a holding' and the words "the trustee 'are inserted after the words" the trustee'.

25. in Article 45 (1) and (2):

"(1) If the injured person is not fully or limited in his or her capacity, his or her legal representative or guardian shall exercise his or her rights under this law. Where there is a danger of delay and the legal representative or guardian is unable to exercise the rights set out in the sentence first or if the guardian has not been established, although the reasons for its provision are given, the guardian must be immediately established. The guardian should also be immediately established if there is a danger of delay and the injured person is a legal person and does not have the capacity to act in proceedings.

(2) The guardian shall be appointed by the President of the Chamber and by the Prosecutor in the preparatory procedure. A person other than a lawyer may be appointed guardian only with his consent. It cannot establish a person who can be reasonably concerned that he will not properly defend the interests of the injured party for his interest in the outcome of the proceedings. The order for the guardian's appointment shall be notified to the person appointed by it and, if the nature of the matter does not exclude it, to the injured party. A complaint shall be admissible against a decision on the provisions of the guardian. ';

26. In Paragraph 47 (3), "real estate 'is replaced by" real estate'.

27. in Article 47 (5), the words "public auctions" shall be inserted after the words "enforcement."

28. In Paragraph 47, at the end of the text of paragraph 5, the words "this shall not apply if the enforcement of the decision is carried out or if the property is disposed of in an execution or insolvency proceedings or in a public auction to satisfy the State's claim 'are added.

29. In Article 47, at the end of paragraph 5, the sentence "For the payment of claims which are the subject of enforcement, public auction, execution or insolvency proceedings, the assets not affected by the freezing decision shall preferably be used."

30. In Paragraph 47, at the end of paragraph 8, the sentence "When returning, issuing and otherwise handling a secured item which has been issued or withdrawn shall be added, mutatis mutandis, in accordance with the provisions on recovery, extradition and other treatment of a case which is relevant to criminal proceedings. ';

31. In Paragraph 50 (1), at the end of the text of the first sentence, the words "this must be learnt."

32. In Paragraph 50 (2), the words "is deprived of legal capacity or whose legal capacity is limited 'are replaced by the words" is not fully arbitrary or whose autonomy is limited'.

33. In Article 51b (1), the words "interpreter, defendant, legal representative of the defendant, lawyer, interested party, injured party, agent of the injured party, confidant of the defendant or injured party, expert" shall be replaced by the words "defendant, interested party, injured party, their legal representatives, guardians, agents and confidants, lawyer, expert, interpreter."

34. In the second sentence of Article 65 (1), the words "have legal representatives' shall be replaced by the words" have a legal representative or guardian 'and the words "are deprived of legal capacity or is limited to their legal capacity' shall be replaced by the words" are not fully or is limited to their legal capacity '.

35. In Part One, in the title of Title Four, the words "IMPORTANT TO THE CRITERIA 'shall be added after the words" MATTER'.

36. In Part One, Title Four, the words "relevant to criminal proceedings' shall be added to the heading of Section Four after the word" matters'.

37. In Part One, Title Four, Section Four, the following Subsection 1 is inserted:

„Pododdíl 1

Common provision

§ 77b

(1) A matter relevant to criminal proceedings is a matter which:

(a) may serve for evidentiary purposes;

(b) has been or has been used to commit a crime (hereinafter referred to as the "instrument of crime");

(c) has been obtained by a criminal offence or as remuneration for a criminal offence or, even in part, has been acquired for a case obtained by a criminal offence or for a matter constituting remuneration for a criminal offence, including fruits and benefits (hereinafter referred to as "proceeds from crime"); or

(d) is the replacement value for the item referred to in (b) and (c).

(2) Where a security is subject to an asset in a trust fund or a holding fund, the trust administrator or the manager of a holding fund shall be assured. If it is not known to whom the matter is relevant for criminal proceedings, it shall be ensured without indicating the person to whom it has been secured; the measure shall specify when and where and for what reason the matter was ensured.

(3) The protection of a case for evidentiary purposes shall take precedence over other reasons for securing the case. The reason for the detention may be altered in the course of criminal proceedings by a resolution against which a complaint is admissible. A change in the reason for the security does not need to be decided when the conditions for the declaration of forfeiture are met or where the case is secured for evidence purposes.

(4) If this does not jeopardise the achievement of the purpose of criminal proceedings, there shall be no provision for a worthless cause or a cause whose detention is inefficient for other reasons. However, there is always a matter to be failed or prevented by a judgment of a court which has not yet acquired legal authority.

(5) Save as otherwise provided in the law, the rights of third parties to a secured case relevant to criminal proceedings may be exercised only in civil proceedings. '

38. in Part One, Title Four, the following title is inserted after Subsection 1:

„Pododdíl 2

Ensuring a case for evidentiary purposes'.

(39) Sections 78 and 79, including the headings, read:

„§ 78

Obligation to submit or issue a case

(1) Any person carrying a case which may be used for evidentiary purposes shall be obliged to present it at the request of the court, prosecutor or police authority; where it is necessary to ensure it for the purposes of the proper identification of facts relevant to criminal proceedings, it shall issue such a case at the request of those authorities. When calling on him, it should be noted that if he does not comply with the call, the matter may be removed from him and other consequences of non-compliance (§ 66). The President of the Chamber shall be entitled to call for the submission or issue of a case, in the preparatory procedure of a prosecutor or police authority.

(2) The obligation referred to in paragraph 1 shall not apply to a document or to any other material medium containing a visual, audible or data recording, the content of which relates to the circumstances in which the prohibition of questioning applies, unless there is an exemption from the obligation to keep the matter confidential or an exemption from the obligation of confidentiality.

(3) No one may be forced to submit or to issue a case which, at the time when it is requested to be submitted or issued, may serve as evidence against him or his close party; This shall be without prejudice to the provisions on withdrawal, home inspection, inspection of other premises and parcels and personal inspection.

(4) Where it is necessary for the purpose of preventing or preventing a forfeiture, the criminal authority referred to in paragraph 1 shall order that the person to whom the case has been secured may not transfer the case to another person or burden it on the duration of the detention. The legal action taken in breach of this prohibition shall be void; the court shall take into account the invalidity of its own motion. That's what this person needs to be taught.

(5) The authority which has submitted or has issued a case which may be used for evidentiary purposes shall immediately issue a written acknowledgement of receipt of the case or a copy of the Protocol. the case must be sufficiently accurately described in them so that its identity can be identified.

(6) The law enforcement authority which has been issued a case which may serve as evidence shall take it into custody.

(7) The person to whom the case has been secured has the right at any time to request repayment of the case. Such a request shall be taken by the law enforcement authority referred to in paragraph 1 without delay. If the application has been rejected, that person may, if he does not give new reasons, repeat it only after 30 days from the legal authority.

§ 79

Withdrawal

(1 The police authority shall require the prior consent of the prosecutor to issue such an order; without prior consent, an order may be issued by a police authority only if the prior consent cannot be obtained and the case cannot be delayed.

(2) If the authority which issued the order for withdrawal does not execute the case itself, it shall be carried out by the police authority on the basis of an order.

(3) A person who is not involved shall be added to the removal of the case as far as possible.

(4) Paragraph 78 (4) to (7) shall apply mutatis mutandis to the case withdrawn. "

40. In Part One, Title Four, Section Four, the following title is inserted after Section 79:

„Pododdíl 3

Provision of tools and proceeds from crime and substitute value '.

41. § 79a to 79g, including the headings, read:

„§ 79a

Security of instruments and proceeds from crime

(1) If the facts established indicate that a case is an instrument or proceeds from criminal activity, the President of the Chamber and, in the preparatory proceedings, the prosecutor or police authority may decide to ensure such a case. The police authority needs the prior approval of the prosecutor for such a decision. The prior consent of the prosecutor is not required in urgent cases which cannot be delayed. In such a case, the police authority shall, within 48 hours, submit its decision to the public prosecutor, who shall either give his consent or cancel it. A complaint shall be admissible against the freezing decisions.

(2) In the decision on reinsurance or in the attached documents, it is necessary to properly and unmistakably define the items subject to reinsurance. If the right is guaranteed, the right created only in the future may be guaranteed. In the decision to ensure that the person to whom the case has been secured is prohibited from transferring the case to another after the decision has been notified and, if the substantive matter is ensured, from deliberately harming or destroying it. Where this is necessary for the purpose of securing or managing a secured case, the decision to secure the case or the additional decision may also prohibit or restrict the exercise of other rights relating to the secured case, including those arising only in the future, as well as calling for the issue of all documents or other material media, the submission of which is necessary to exercise a certain right to the secured case, with a notice of the consequences of failure to comply with such a call within the prescribed period (Sections 66 and 79). The provisions on the freezing decision shall apply mutatis mutandis to an additional decision prohibiting or restricting the exercise of other rights relating to the security.

(3) In the decision to ensure that the person to whom the case has been secured is further ordered to inform the law enforcement authority which has decided to ensure that, within 15 days of notification of the decision, the rights of third parties are attached to the case, whether the exercise of the right to dispose of the case is otherwise restricted, and if the property right, also if the person required to provide adequate performance, is ensured, with a notice of the consequences of failure to comply with such a call within the prescribed period (§ 66).

(4) The law enforcement authority which has decided on the freezing shall take all necessary steps to enforce such a decision.

(5) A complaint shall be admissible against the freezing decisions.

§ 79b

Service and communication of the decision on collateral

(1) The law enforcement authority which has decided on the freezing shall promptly deliver the decision on the freezing to the authority or person responsible for the execution of the freezing, and after the authority or person has carried out the freezing, to the person to whom the freezing has been ensured. At the same time, the authorities or persons responsible for carrying out the security shall invite them to notify it without delay if they find that the item which has been secured is being handled in such a way that the purpose of the security is being undermined or difficult. The authority or person responsible for carrying out the security shall be required to carry out the freezing of the case immediately upon receipt of the decision granting the security and to do whatever is necessary to ensure that the prohibitions and restrictions set out in the freezing decision are not infringed.

(2) If a claim has been secured and if the account receivable is not against a bank or other entity authorised to hold an account for another, the law enforcement authority which has decided to secure it shall also deliver the decision to secure the debtor of the holder of the claim and require him to deposit the subject-matter of the transaction in his custody or at another designated place of business. By placing the subject-matter in custody or at a designated place, the debtor shall fulfil his obligation to the extent of the performance provided. The decision on collateral shall be notified to the debtor before the owner of the secured debt.

(3) Where a law-enforcement authority which has decided to ensure it is considered necessary to achieve the purpose of the freezing, it shall also inform the authorities and persons other than those referred to in paragraph 1 who have an obligation under other legislation to register, supervise or otherwise in relation to a secured item or its owner or holder, and shall at the same time invite them to notify it without delay if they find that they are being dealt with in such a way that they are likely to thwart their purpose; those authorities and persons shall comply with such a call. In addition, it shall inform the persons and authorities known to have a right to pre-purchase, rent or other proceedings relating to the secured case, in which the exercise of rights with such a case has been restricted. A law enforcement authority which has decided to secure a stake in a commercial corporation shall also inform the commercial corporation of such a decision after the legal authority.

(4) The law enforcement authority which has decided to secure the property shall inform the cadastral authority of the acquisition of the legal authority of such a decision.

§ 79c

Transposition of a movable item

(1) Any person carrying a movable item which may be subject to collateral shall be obliged to issue such a item at the request of the President of the Senate and in the preparatory procedure of a prosecutor or police authority; If he doesn't release it, he can be taken away. Paragraphs 78 and 79 shall apply mutatis mutandis to the procedure for the issue and withdrawal of the movable item.

(2) The law enforcement authority responsible for issuing the withdrawal order may, when assessing all the relevant circumstances, keep the movable item at the place where it is situated, provided that:

(a) the withdrawal of such a case would result in it being devalued or the case with which it is functionally linked;

(b) the withdrawal of such a case would be accompanied by disproportionate technical difficulties;

(c) it is a matter requiring special care or which is associated with disproportionate costs; or

(d) it is a matter of negligible value.

(3) Where a movable item is left in the place where it is located, that fact shall be entered in the Protocol, together with the reason for the procedure, and the movable item shall be properly defined in such a way that it is not interchangeable with others. At the same time, the authority responsible for issuing the withdrawal order shall issue an order to refrain from dealing with a case in which the movable item is properly and unmistakable and prohibits, in any way, from being dealt with in law or in fact in such a way as to undermine the purpose of its detention, in particular by transferring it to another, burdened, damaged or destroyed. The prohibition shall apply to all and shall be effective at the moment when the order is posted in the place where the movable item is located; to that end, the order must contain a lesson, including a warning of the consequences of the infringement. The legal action taken in contravention of the prohibition laid down in the order is invalid, and the court shall also take into account its own motion. The movable item left on the spot shall be marked in such a way as to make it clear that it is subject to a delay order.

(4) Removal of the movable item at the place where it is located shall not prevent the competent law enforcement authority from subsequently calling for such a case to be issued at any time or issuing an order to withdraw it, if it considers that this is necessary for the purpose of the security. The law enforcement authority responsible for deciding whether a movable item has been issued or withdrawn may at any time decide to keep it for the reasons referred to in paragraph 2 with the person who has been secured; they shall proceed accordingly in accordance with paragraph 3. A complaint against such a decision shall not be admissible.

(5) The decision on the security referred to in Article 79a in respect of a movable item which has been issued or withdrawn pursuant to paragraph 1 or which has been left in place in accordance with paragraph 2 shall be taken within 96 hours of such action.

(6) Paragraphs 1 to 5 shall apply mutatis mutandis to identified machines or other fixed equipment which are part of the real estate and which are separable.

§ 79d

Real estate

(1) On the basis of an order for the examination of a immovable property issued by the President of the Chamber and in preparation by a judge, on a proposal from a prosecutor, a court or a prosecutor, or on the basis of their instructions, the police authority may carry out an examination of the immovable property and its accessories in order to establish the state of the immovable property and assess the effectiveness of its securing. The law enforcement authority shall inform the investigating party of the time and place of the examination of the owner of the property or of the person living with him in the common household and of the person known to have rights to the property. These persons are obliged to allow for the inspection of the property and its accessories.

(2) The investigating authority may add to the persons whose participation in the examination is necessary, in particular for the purposes of the valuation of the property.

(3) Where a movable item or machine or other fixed equipment which is part of the immovable item is detected in the examination of the real estate, and which is separable, for which reasons are given for securing it pursuant to § 79a, it may be treated mutatis mutandis in accordance with § 79c (2) to (5) without issuing a search warrant or a search warrant for other premises and parcels.

§ 79e

Effects of collateral

(1) The legal conduct of the person against whom the prohibitions set out in the freezing decision are directed, contrary to the prohibitions set out therein, is invalid. This person must be instructed about this. The Court of First Instance shall also take into account its own motion for annulment.

(2) The case covered by the freezing decision may be handled in the course of the execution of the decision, public auction, execution or insolvency proceedings only after the prior agreement of the President of the Chamber and in the preparatory procedure of the Prosecutor; that is not the case if the enforcement of the decision is carried out or if the enforcement or insolvency proceedings or public auction are treated to satisfy the State's claim. A case which is not affected by the freezing decision shall be used as a priority to cover claims which are the subject of enforcement, public auction, execution or insolvency proceedings.

(3) Where registration in the register held under other legislation is necessary for the transfer or for the establishment of the right to a secured case, the authority or person holding such a register may, upon receipt of the decision to ensure that such a case is recorded on the basis of the legal conduct of the person to whom the case has been secured, only with the prior agreement of the President of the Chamber and in the preparatory proceedings of the Prosecutor.

(4) If, under the cadastral law, an application for the registration of real estate rights in the cadastral of real estate was filed on the basis of the legal conduct of the person to whom the real estate was secured before the resolution on its collateral was issued and until the resolution on its collateral was issued by the competent authority, the draft submitted loses its legal effects on the date on which the resolution on its collateral was obtained.

Citation	Act No. 55 / 2017 Coll., amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.03.2017
Effective from	18.03.2017
Effective until	-
Status	Valid

Act No. 55 / 2017 Coll.

Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and other related laws

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