Act No. 57 / 2017 Coll.
Act amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and other related laws
Valid
Effective from 01.05.2017
57
THE LAW
of 19 January 2017
amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on International Judicial Cooperation
Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended by Act No. 77 / 2015 Coll., Act No. 86 / 2015 Coll. and Act No. 55 / 2017 Coll., is amended as follows:
1. In Article 14 (1) (b), the words "from the Czech Republic 'shall be inserted after the words" the surrender procedure' and the words "Parts 3 and 4 'shall be inserted after the words" Title II'.
2. In Paragraph 83 (1), the text "paragraph 5 'is replaced by" paragraph 6' and the text "paragraph 6 'is replaced by" paragraph 7'.
3. In Article 193, the following paragraph 8 is inserted after paragraph 7, including footnote 43:
"(8) Where a Member State is a Member State for which a European Union law governing the right of access to a lawyer (43) is binding, and the person concerned is not a lawyer in criminal proceedings in the Czech Republic for which a European arrest warrant has been issued, it shall have the right to choose a lawyer for the purpose of providing assistance to a lawyer elected or designated for a transfer procedure in the donor State; Paragraph 33 (2) of the Criminal Code does not apply. Where the competent authority of the transferring State has indicated that the person for whom the transfer is sought has declared that it wishes to exercise that right, the court shall, through the competent authority of the transferring State, provide that person without undue delay with an overview of the appropriate lawyers involved in international judicial cooperation in criminal matters. The focus according to the second sentence is registered by the Czech Bar Association at the request of the lawyer in the list of lawyers or European lawyers.
(43) Directive 2013 / 48 / EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and proceedings relating to a European arrest warrant and on the right to inform a third party and the right to communicate with third parties and consular authorities in the event of deprivation of liberty. '
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
4. In Paragraph 203, the following paragraph 5 is inserted after paragraph 4:
"(5) If the requesting Member State is a Member State for which a binding European Union law governing the right of access to a lawyer (43) is applicable, it shall, without undue delay, instruct the prosecutor, after the opening of the preliminary inquiry into the rights referred to in the first and second sentences of Paragraph 204 (3), also to the person whose surrender is restricted to freedom for reasons other than detention; Paragraph 204 (3) of the third sentence shall apply mutatis mutandis. ';
Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.
5. in § 203 (10), § 205 (5), § 208 (2) and (5) and in § 210 (6), "8" is replaced by "9."
6. in Paragraph 204, the following paragraph 3 is inserted after paragraph 2:
"(3) If the requesting Member State is a Member State for which there is a binding European Union law governing the right of access to a lawyer (43), the prosecutor or the police authority which has carried out the detention shall instruct the detained person already in the course of detention if he does not have a lawyer in criminal proceedings in the requesting State in which the European arrest warrant was or could be issued, he shall have the right to choose, in accordance with the law of the requesting State, a lawyer for the purpose of providing assistance to the lawyer elected or appointed for the proceedings under that provision. The detainee shall also be informed that, if he or she declares that he or she wishes to exercise the rights under the first sentence, the requesting State shall provide him or her with information which will facilitate his or her election as a lawyer. If the detainee declares that he wishes to exercise the rights under the sentence of the first sentence, the prosecutor shall immediately inform the competent authority of the requesting State thereof and provide the information received from the competent authority of the requesting State in order to exercise the right under the sentence of the first sentence without undue delay to the detainee. The provisions of this paragraph shall be without prejudice to the running of the time limits referred to in Paragraph 209. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
7. in Articles 205 (2) (a), 215 (4) and (5) and 225 (1), the number "5" is replaced by "6."
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. In Paragraph 33 (5), the words "if it is taken into custody 'are deleted.
2. In Paragraph 69, the following paragraph 4 is inserted after paragraph 3:
"(4) The arrested person shall have the right to choose an attorney, to speak to him without the presence of a third party and to consult him during the arrest. In addition, the arrested person shall have the right to communicate at his / her expense by means of written communications or by telephone with the person he / she designates, where technically possible and where circumstances permit, in particular if this does not jeopardise the achievement of the purpose of criminal proceedings or does not prevent the interest in protecting the victim; the communication is subject to control. The arrested alien has the right to be notified of his arrest by the consular office of the State of which he is a citizen and the right to communicate with that consular office. If the arrested alien has insufficient funds, communication with the consular office will be allowed free of charge. These rights must be taught to the person arrested and given the full opportunity to exercise them."
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
3. Paragraph 76 (6) reads:
"(6) The detained suspect shall have the right to request that the lawyer be present in the hearing referred to in paragraph 3, unless the lawyer is unattainable within the period referred to in paragraph 4. ';
4. The following Section 76b is inserted after Section 76a:
Rights of the detainee
The detained person shall have the right to choose an attorney, to speak to him without the presence of a third party and to consult him during detention. Furthermore, the detained person shall have the right to communicate at his / her expense by means of written communications or telephone with the person he / she designates, where technically possible and where circumstances permit, in particular if this does not jeopardise the achievement of the purpose of criminal proceedings or does not prevent the interest in protecting the victim; the communication is subject to control. The detained alien shall have the right to be informed of his detention by the consular office of the State of which he is a citizen and the right to communicate with that consular office. If the detained alien does not have sufficient funds, communication with the consular office shall be allowed free of charge. These rights must be taught to the detainee and given the full opportunity to exercise them. '
5. In Paragraph 202, the dot is replaced by a semicolon at the end of paragraph 2 and the final part of the provision is added, which reads: "For this and for other consequences of failure to arrive (paragraphs 66 and 90), the defendant must be alerted in the summons."
6. The following Section 466a is inserted after Section 466, including footnote 11:
This law implements the relevant European Union11 regulations).
11) Directive 2010 / 64 / EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings. Directive 2012 / 13 / EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings. Directive 2013 / 48 / EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and proceedings relating to a European arrest warrant and the right to inform a third party and the right to communicate with third parties and consular authorities in the event of the waiver of personal freedom. Directive (EU) 2016 / 343 of the European Parliament and of the Council of 9 March 2016 strengthening certain aspects of presumption of innocence and the right to be present in criminal proceedings. ';
Amendment of the law on enforcement
In Article 13a (1) of Act No. 293 / 1993 Coll., on the exercise of custody, as amended by Act No. 52 / 2004 Coll. and Act No. 276 / 2013 Coll., the word "the accused" is replaced by the word "the accused" and the words "the use of the phone to contact a close person is generally allowed. (b) 'shall be replaced by' has the right to use the telephone to contact a close person within the period defined by the internal rules of detention; that right may be restricted only in justified cases, in particular where it is necessary to protect the security or rights of other persons. ';
footnote 4b is deleted.
Amendment of the Judicial Act on Youth Affairs
In Article 46 of Act No. 218 / 2003 Coll., on the responsibility of young people for unlawful acts and on the judiciary in youth matters, and on the amendment of certain laws (the Law on Judicial Matters in Youth Matters), as amended by Act No. 55 / 2017 Coll., at the end of paragraph 2, the sentence "Instead of a legal representative or guardian who cannot represent a minor for a conflict of interest shall be notified, if it is in the interests of a minor, of the guardian established pursuant to Article 43 (2). A young person's employer shall only be informed if the young person or his legal representative or guardian declares that he agrees to such notification. ';
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 57 / 2017 Coll., amending Act No. 104 / 2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 01.05.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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