Act No. 59 / 2017 Coll.
Law on the use of funds from criminal property sanctions imposed in criminal proceedings and amending certain laws
Valid
Effective from 01.01.2018
Zobrazeno prvních 200 z celkem 219 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
59
THE LAW
of 19 January 2017
on the use of funds from property criminal penalties imposed in criminal proceedings and amending certain laws
Parliament has decided on this law of the Czech Republic:
USE OF MONEY RESOURCES FROM HOUSEHOLDINGS
GENERAL PROVISIONS
Subject matter
This law regulates the way money is handled through criminal penalties imposed
(a) in the Czech Republic in criminal proceedings conducted by the authorities of the Czech Republic,
(b) in another Member State of the European Union ("another Member State"), where they have been recognised and executed in the territory of the Czech Republic under Regulation (EU) 2018 / 1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders; or
(c) in the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as "the United Kingdom"), where they have been recognised and executed in the territory of the Czech Republic under the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of 30 April 2021 (hereinafter referred to as "the Agreement between the Union and the United Kingdom").
Definition of terms
(1) For the purposes of this Act, property criminal penalties shall mean penalties imposed under a criminal law in criminal proceedings for a criminal offence to which the perpetrator has caused or obtained unjustified enrichment, namely:
(a) the penalty for forfeiture of property;
(b) a cash penalty and a cash measure (hereinafter referred to as "cash penalty");
(c) the penalty for the forfeiture of the case and the criminal measures for the forfeiture of the case (hereinafter referred to as the "forfeiture of the case"),
(d) forfeiture of the replacement value;
(e) the protection measure prevents part of the property;
(f) a safeguard measure prevents a case; and
(g) prevent replacement values.
(2) Property criminal penalties shall also mean property penalties imposed by a judgment of a court of another Member State recognised in the territory of the Czech Republic pursuant to Regulation (EU) 2018 / 1805 of the European Parliament and of the Council or imposed in the United Kingdom by a decision recognised in the territory of the Czech Republic under the Agreement between the Union and the United Kingdom, provided that the criminal offence resulting in the commission of the property penalty, the offender has caused property damage or non-property damage or has obtained unjustified enrichment. Other property penalties imposed by a judgment of a court of a foreign State recognised in the territory of the Czech Republic are not considered to be property criminal penalties for the purposes of this Act.
(3) For the purposes of this Act, a property claim shall be understood as a claim of the injured party to compensation for property damage or non-property damage caused to the injured party by a criminal offence or a claim for an unjustified enrichment obtained by the offender at the expense of the injured party. For the purposes of this Act, the property damage caused to the victim by the criminal offence of neglect of compulsory nutrition shall also be understood as due maintenance.
(4) For the purposes of this Act, the authorised person shall mean the injured party, except for the State,
(a) which, in criminal proceedings in which a criminal offence has been imposed in force, has exercised an property right and has been granted that right by a judgment of a court given in criminal proceedings which has acquired legal authority and is enforceable;
(b) which, in the criminal proceedings in which the property criminal penalty has been imposed, has exercised property rights and has, even in part, been referred to civil proceedings by the court in criminal proceedings by a final decision, and has, within 60 days of the legal power of such a decision in respect of that property claim, submitted a motion to initiate civil proceedings;
(c) the property claim of which has been decided by the Court of First Instance in civil proceedings where, in criminal proceedings relating to a criminal offence arising as a result of which that right has been committed, a criminal offence has been imposed
(d) against which the offender has a final and enforceable decision by the court in proceedings relating to the civil-law level of maintenance, provided that a property criminal penalty has been imposed in proceedings for malpractice; or
(e) which, by decision of another State, has been granted a property right where, in the context of the offence which led to the grant of such a right, the property criminal penalty provided for in paragraph 2 has been imposed in another State.
Special account and revenue
(1) The Ministry of Justice (hereinafter referred to as "the Ministry") shall set up a special account to send funds from property criminal sanctions (hereinafter referred to as "the special account") and publish the special account number on its website.
(2) The revenue of a special account shall constitute funds obtained under the conditions laid down by this Law:
(a) the enforcement of property criminal penalties; and
(b) by monetizing goods which have been forfeited or prevented from criminal proceedings, an organisational component of the State which has started to manage them under Article 15 of the Law on the assets of the Czech Republic and its conduct in legal relations (hereinafter referred to as the "organisational component"), after deducting the costs incurred by the organizational component in the management of such goods or in connection with them until the date of their liquidation and the cost of their redemption.
(3) Whoever sends the funds referred to in paragraph 2 to a specific account shall indicate the payment in such a way as to make it clear from its designation what criminal proceedings the funds originate from (hereinafter referred to as "designated criminal proceedings"). The Ministry shall publish on its website the means of indicating the payment of funds.
_
Financial means obtained by the execution of the financial penalty
(1) The authority responsible for the execution of a financial penalty, which is a criminal property penalty under this Act, shall immediately send the funds obtained from its execution to a special account.
(2) If there is a financial penalty for property criminal sanctions under this Act, the President of the Chamber shall inform the Ministry without undue delay of:
(a) the postponement of the execution of the financial penalty or the authorisation to pay it in instalments or the revocation of the authorisation for the postponement or instalment;
(b) waiving the execution of the financial penalty or the remainder thereof;
(c) the conversion of a cash penalty or its remainder into a custodial sentence;
(d) the fact that the financial penalty has been imposed;
(e) the replacement of the payment of a cash measure or the remainder of it by a minor carrying out a public service activity in the context of a probation programme for this purpose established or a socially beneficial activity in the context of an educational obligation under Article 27 (5) of the Law on the Judicial Affairs of Youth; and
(f) that the offender has been granted a pardon or amnesty, or any other decision, measure or fact which makes the financial penalty impossible to execute or can only be partially executed.
Money obtained through the execution of other criminal property sanctions
It shall immediately send funds forfeited or prevented under a criminal property penalty to a special account.
Remuneration of a case forfeited or seized in criminal proceedings
(1) A case other than that referred to in Section 5, which has been forfeited or prevented by means of a criminal property penalty, the organisational body shall cash in accordance with the procedure laid down in the law on the property of the Czech Republic and its representation in legal relations. The provisions of the Law on the property of the Czech Republic and its representation in legal relations governing the derogation procedure than that relating to the redemption of the case shall not apply.
(2) The procedure referred to in paragraph 1 shall not apply where the case is excluded from the obligation of redemption under paragraph 3 or where the case is not sold; For the purposes of this Act, a matter which cannot be monetized within 2 years after the organizational component has started to perform its tasks under § 15 (1) of the Act on the property of the Czech Republic and its performance in legal relations. That period shall not run for the period during which the proceedings have been suspended by the Supreme Court on the ground of an ongoing appeal procedure or of a complaint for infringement of the law in the criminal case in question, as well as for the period during which other judicial proceedings are pending, the outcome of which is relevant for the further handling of the case.
(3) The obligation to monetize a case referred to in paragraph 1 shall not apply to:
(a) a case the nature of which does not allow for redemption;
(b) a matter which endangers the life, health, safety of persons or property or public security and order, in particular a narcotic or psychotropic substance, precursor, poison, radioactive material, weapon, ammunition, ammunition and explosive;
(c) a matter which the organisational body shall retain to ensure the exercise of its competence or the subject matter of its activity; where a case has been forfeited or prevented by a property criminal penalty pursuant to Article 2 (2), the case may be maintained only if another Member State has given its consent under Article 30 (6) (d) of Regulation (EU) 2018 / 1805 of the European Parliament and of the Council;
(d) a case of museum, gallery or archive value, a case declared as a cultural monument, an object of cultural value, a collection of museum character and a collection item, a non-periodic publication and a periodical printing where it is necessary to leave such a case on grounds of public interest or of a particular nature of the State, or
(e) a worthless thing.
(4) If the organisational component has doubts as to whether the case is referred to in paragraph 3 (d), it shall seek the opinion of the Ministry of Culture; in the case of archives of the Ministry of Interior and in the case of matters of museum and gallery value of military character of the Ministry of Defence. The opinion shall be delivered within 30 days of receipt of the request.
(5) The financial resources obtained by making the case shall be accepted by the organisational body to its account of foreign funds. The amount of the costs incurred in managing such a case for or in connection with such a case until the date of its liquidation and the cost of its redemption shall be transferred to the State Budget revenue account established for it and the remainder of the funds shall be transferred immediately to a special account.
(6) The organizational component shall deal with the case mentioned in paragraph 3 and the non-sales of the item in the manner specified in the Act on the Property of the Czech Republic and its presentation in legal relations.
(7) The Organising Authority shall immediately inform the Ministry of the fact that it has sent to a special account all funds received by the payment of the case from the designated criminal proceedings, or that it will not send any funds to the special account, since the forfeited or seized item resulting from the designated criminal proceedings cannot be monetized for the reasons set out in paragraph 3, or is a non-saleable item. The organisational component shall also inform the Ministry of other facts relating to a forfeited or seized item which is relevant to the proceedings for the satisfaction of the entitlement of the beneficiary.
Special account expenditure
(1) The funds of the property criminal penalties imposed in the designated criminal proceedings sent to a special account shall be used in the following order, subject to the conditions laid down by this law:
(a) to satisfy the property rights of the authorised persons whose property rights arose as a result of the commission of a criminal offence in respect of which the alleged criminal proceedings have been conducted;
(b) to share with another Member State, in accordance with Article 30 of Regulation (EU) 2018 / 1805 of the European Parliament and of the Council or with the United Kingdom, on the basis of the Agreement between the Union and the United Kingdom, if the funds are from property criminal penalties pursuant to Article 2 (2);
(c) the amount provided for in this Act for the Probation and Mediation Service for the provision of assistance to victims of crime; and
(d) the amount set out in this Act for the grant of subsidies by the Ministry under the Law on Victims of Crime.
(2) The remaining funds are revenue from the state budget.
AMENDMENT OF THE OWN FUNDS OF AUTHORISED PERSONS IN NATIONAL CASES
Application to satisfy the entitlement of the beneficiary
(1) The Ministry shall satisfy the property entitlement of the beneficiary in the manner and under the conditions laid down by this Law upon request. The authorised person referred to in Article 2 (4) (a), (c) or (d) shall submit the application within 60 days of the date of the acquisition of the legal authority of the statement of guilt, the statement of the property penalty and, first of all, the authorised person referred to in Article 2 (4) (d), the statement of the property claim of the injured party referred to in the judgment of the court in criminal proceedings giving rise to a property right, otherwise the right to satisfy his property claim on the special account shall cease. The authorised person referred to in Article 2 (4) (b) shall submit the application within 60 days of the date on which the decision given by the court in civil proceedings to which the person entitled has been granted his property right, or the right to satisfy his property right from a special account shall cease.
(2) In addition to the general requirements laid down in the administrative rules, the application shall specify:
(a) the amount of the property claim the satisfaction of which is required from a special account; and
(b) whether the funds are to be paid to the beneficiary in the form of a postal order or are to be sent to an account the number of which is indicated in the application.
(3) The authorised person shall attach to the application a copy of the final criminal order or of the condemning judgment of the offence giving rise to his or her right to property and a copy of the final decision imposing the property criminal penalty. The authorised person referred to in paragraphs 2 (4) (a) to (c) of Article 2 shall also attach to the application a copy of the final decision of the court which has granted him his right of property and the authorised person referred to in paragraph 2 (4) (d) of Article 2 shall also attach to the application a copy of the final decision establishing the amount of the maintenance obligation for the sentenced person. The authorised person shall also attach to the application other documents proving the link between the property claim claimed and the criminal offence resulting from which the property claim was committed and the amount of that property claim, unless it is apparent from those decisions. Where, within the period referred to in paragraph 1, the beneficiary cannot attach to the application any of the required annexes for reasons independent of him, he shall inform the Ministry thereof and send it as soon as possible.
(4) The authorised person referred to in Article 2 (4) (b) who, in the event of being granted his property right in civil proceedings, intends to lodge an application to satisfy his property claim on a special account, is required to prove, within 5 working days of the expiry of the period referred to in Article 2 (4) (b), that he has made an application to initiate proceedings in civil matters concerning his property claim within the period referred to in Article 2 (4) (b); if it fails to fulfil that obligation within the prescribed period, the right to satisfy its property right shall cease to exist from the Ministry's special account. At the same time, the authorised person shall attach a copy of the final judgment of the court given in criminal proceedings relating to that property claim to civil proceedings; if it cannot do so within that period for reasons which are independent of it, it shall inform the Ministry thereof and send a copy of the decision as soon as possible. If, subsequently, there are facts as a result of which the person entitled referred to in the sentence cannot submit the first intended application or no longer intends to submit it, the Ministry shall immediately notify it.
(5) The applicant shall immediately inform the Ministry of the facts which may affect the assessment of the applicant's claim to satisfy the applicant's property claim, in particular the fact that the claim claimed has been satisfied in whole or in part in another way and the extent to which it did so.
Proceedings to satisfy the entitlement of the beneficiary
(1) The Ministry shall acknowledge the receipt of the application in writing and inform the applicant of the facts referred to in paragraphs 3 and 4.
(2) The Ministry of Procedure shall suspend the proceedings if the person referred to in Article 8 (4) is among the authorised persons until such time as the person makes the request or informs the Ministry that he will not submit it or, where appropriate, the Ministry will know that the period laid down for the submission of the application has expired. The Ministry shall also suspend the proceedings if, for reasons not covered by the application, the beneficiary has not added one of the required annexes to the application until the beneficiary has sent this Annex. If the reason which prevented the annex from being attached to the application has fallen and the beneficiary fails to complete the annex even after a repeated call, the Ministry shall stop the proceeding.
(3) The Ministry shall take a decision no later than 90 days after the expiry of the period laid down in Paragraph 8 (1) for the submission of an application to the beneficiary referred to in Article 2 (4) (a), (c) or (d). Where a person referred to in Article 8 (4) whose entitlement has not expired is among the eligible persons, the time limit for the decision to be taken shall start to run from the date on which that person made the application or informed the Ministry that he would not submit it or, where appropriate, from the date on which the Ministry became aware that the period laid down in that person's application had expired. Where the date referred to in the sentence of the first or second shall be preceded by the date on which the first funds of the property criminal penalty imposed in criminal proceedings resulting from the commission of the person entitled to the property are credited to the special account, the period for the decision shall run only from the date on which they are credited to the special account.
(4) Where funds from the designated criminal proceedings are sent to a special account in instalments, the Ministry shall decide on the satisfaction of the property entitlement of the beneficiary from the funds deposited at the time of the decision in the special account within the period referred to in paragraph 3 and shall decide on the satisfaction of the other funds within 90 days of their being credited to the special account. Where a cash penalty has been imposed in the designated criminal proceedings and its repayment has been authorised by instalments, the Ministry shall decide on the satisfaction of the property claim of the beneficiary of the instalments deposited at the time of the decision in the special account within the time limit referred to in paragraph 3 and shall decide on the satisfaction of subsequent instalments within 90 days of the payment of the 3 instalments to the special account.
Decision to satisfy the property entitlement of the beneficiary
(1) The Ministry shall satisfy the property rights of the authorised person from funds deposited in a special account which originate from property criminal penalties imposed in criminal proceedings resulting in the commission of the authorised person's property rights.
(2) The property entitlement of the beneficiary shall be satisfied by the Ministry in so far as it has been granted by a judgment of the court in criminal proceedings or in civil proceedings; in the case of maintenance due to the extent specified in the criminal order or condemning a judgment for the offence of malpractice. If, in the meantime, this property entitlement has been partially satisfied in another way, the Ministry shall satisfy it to the extent that it remains; if that property entitlement has been fully satisfied, the Ministry shall reject the application for such entitlement.
(3) If the funds are not sufficient to satisfy fully all the rights of the beneficiaries, the Ministry shall satisfy them in proportion.
(4) If no funds have been raised from the property sanctions imposed in the designated criminal proceedings, the Ministry of Procedure shall stop.
(5) The Ministry shall send the funds to the person entitled to a specified account or pay them in the form of a postal order at the amount specified in the Ministry's decision within 15 days of the decision being given.
(6) The Ministry may issue a new decision on the matter, if it is subsequently apparent that the conditions for the satisfaction of the property entitlement of the beneficiary or the conditions for its satisfaction have not been met, in particular if it has been decided on the basis of incorrect or incomplete information, or if the beneficiary has not complied with the information requirement laid down in Article 8 (5).
(7) The Ministry shall also issue a new decision in the case if, between the time of the decision and the payment of the funds to the beneficiary by virtue of that decision, the beneficiary receives, for the same reason, the performance from the offender, the sum of the funds received by the beneficiary from the Ministry and the offender exceeds the amount of his property entitlement, and the beneficiary does not issue the funds to the Ministry in excess of the amount of his property entitlement at the time specified. If the beneficiary issues the funds referred to in the sentence to the First Ministry, the amount of the property entitlement to the offender shall be reduced by the State.
(8) By issuing a new Decision, the original Decision shall be repealed.
Transfer of property rights to the State
(1) By sending funds to the account of the beneficiary or by paying the funds to the beneficiary in the form of a postal order, the property claim of the beneficiary against the offender shall be transferred to the State at the amount of the cash performance provided, reduced where appropriate in accordance with Paragraph 10 (7). If the decision on the basis of which the funds have been sent to the beneficiary into an account or paid off has been revoked, the property right shall be transferred to the State within the scope of the cash performance of the beneficiary by means of a new decision in the case; the funds which the State has received in the meantime from the perpetrator in excess of the newly passed asset entitlement shall be returned to the perpetrator without delay. The State-owned claim is claimed by the Ministry against the perpetrator. The Ministry shall inform the perpetrator of these facts, including the amount of property entitlement transferred to the State.
(2) Where the property entitlement of the beneficiary has been transferred to the State referred to in paragraph 1 and the beneficiary has accepted for the same reason that the sum of the funds received by the beneficiary from the Ministry and the offender exceeds the amount of the beneficiary's property entitlement, the beneficiary shall be obliged to return the funds to the Ministry no later than 15 days after the date of the finding of that fact or the date of the call made by the Ministry to the extent that they have been unlawfully received. The perpetrator shall fulfil his or her debt to the extent of the performance provided, even if he or she has granted it to a person whose property entitlement has already been transferred to the State in whole or in part.
ARRANGEMENTS OF COMPETENT PERSONS
Satisfaction of rights of beneficiaries from criminal property sanctions imposed by another Member State and recognised in the Czech Republic
(1) The decision to recognise and execute a confiscation order and to inform another Member State that it has decided to grant the property claim to the injured party is a basis for satisfying the rights of the beneficiary referred to in Article 2 (4) (e). If the information received is not sufficient to satisfy the entitlement of the beneficiary, the Ministry shall ask the court which sent the information to it to invite another Member State to supplement it.
(2) Where another Member State has indicated in the information that the property entitlement proceedings of the injured party in another Member State have not yet been completed, the Ministry shall wait until the date of receipt of the information on the outcome of such proceedings.
(1) The Ministry shall send to the competent authority of another Member State funds from a special account equivalent to the amount of the entitlement of the beneficiary granted to it by decision of another Member State. The funds are converted into the currency of another Member State according to the rate declared by the Czech National Bank for the day when the funds were credited to a special account.
(2) If the funds are not sufficient to satisfy fully the entitlement of the beneficiary, the Ministry shall send them to the extent that they have been obtained from the execution of the criminal property penalty provided for in Article 2 (2). Where money from multiple property criminal penalties is sent gradually to a special account, the Ministry shall send each individual amount to the competent authority of another Member State without undue delay from crediting it.
(3) The competent authority of another Member State shall immediately inform the Ministry of the sending of the funds, or part thereof, and of any other information relevant to the satisfaction of the entitlement of the beneficiary, in particular whether all or part of the funds have already been obtained by the execution of the criminal property penalty.
(4) If no funds have been raised from the property criminal penalty provided for in Article 2 (2), the Ministry shall inform the competent authority of another Member State accordingly.
(5) If the Ministry becomes aware that there has been in the meantime a complete or partial satisfaction of the entitlement of the beneficiary, it shall inform the competent authority of another Member State thereof and ask it whether and to what extent the funds obtained are to be sent to it.
Satisfaction of the property rights of authorised persons from property criminal penalties imposed in the Czech Republic and recognised in another Member State
(1) The Ministry shall immediately inform the court which has imposed a property criminal penalty in respect of funds or items situated in the territory of another Member State for which Regulation (EU) 2018 / 1805 of the European Parliament and of the Council is binding, that:
(a) there is an authorised person under this Act whose right to satisfy his property right has not expired from the Ministry's special account;
(b) the right of the person entitled to satisfy his or her property right from a special account under this law has expired, the person entitled has not requested to satisfy his or her property right from a special account, or the person entitled has satisfied his or her property right in whole or in part by other means; and
(c) the decision of the court in civil proceedings on the claim of the injured party for compensation, non-property damage or the issue of unjustified enrichment has become final; the notification shall be accompanied by a copy of the final decision.
(2) The Ministry will convert funds sent by another Member State into a special account into Czech crowns according to the course announced by the Czech National Bank for the day when the funds were credited to a special account.
(3) Save as otherwise provided for in paragraphs 1 and 2, paragraphs 8 to 11 shall apply mutatis mutandis.
Satisfaction of rights of authorised persons under the Agreement between the Union and the United Kingdom
Satisfaction of rights of beneficiaries of property criminal sanctions imposed in the United Kingdom and recognised in the Czech Republic
(1) The decision on the recognition and enforcement of a foreign decision and information from the competent authority of the United Kingdom to satisfy the rights of the beneficiary referred to in Article 2 (4) (e) is a basis for the decision on the recognition and enforcement of a foreign decision and that a decision has been taken to grant the property claim to the injured party.
(2) The Ministry shall apply mutatis mutandis in accordance with Paragraph 11b.
Satisfaction of the property rights of beneficiaries of property criminal sanctions imposed in the Czech Republic and recognised in the United Kingdom
(1) The Ministry of Finance will convert funds sent by the competent authority of the United Kingdom into a special account into Czech crowns according to the rate declared by the Czech National Bank for the day on which the funds were credited to a special account.
(2) Paragraphs 8 to 11 shall apply mutatis mutandis.
COMMON PROVISIONS
Management of funds after the fulfilment of the rights of the beneficiaries
(1) Of the funds resulting from the criminal penalties imposed in the designated criminal proceedings remaining in the special account after the payment of the rights of the beneficiaries
(a) for the purpose referred to in Article 7 (1) (c), 10% of the Probation and Mediation Service; and
(b) for the purpose set out in Section 7 (1) (d), 10% to the Ministry.
(2) The amounts referred to in paragraph 1 shall be rounded up to the nearest crown.
(3) The Ministry shall keep in a separate account in the designated designation cash equivalent to the amounts calculated in accordance with paragraph 1 (a) and (b) and shall transfer the remaining funds to the State budget within the time limit set by the budgetary rules.
(4) The Ministry shall, in summary form, transfer all the criminal proceedings concerned back to 31 January of the calendar year for the previous calendar year.
(a) the funds referred to in paragraph 1 (a). (a) the probation and mediation service; and
(b) the funds referred to in paragraph 1 (b) from a special account on behalf of the Ministry.
(5) If the amount referred to in paragraph 1 (a) or (b) is less than CZK 1 000, it shall not be transferred and shall be the revenue of the state budget.
(6) From the funds of the property criminal penalty provided for in Article 2 (2) remaining in the special account after deduction of a part of the funds to be sent to another Member State or to the United Kingdom pursuant to Article 11b or 11d, the Ministry shall send the part of them, shared in accordance with Article 30 of Regulation (EU) 2018 / 1805 of the European Parliament and of the Council or under the Act on International Judicial Cooperation in Criminal Matters (1) to the competent authority of another State and inform them thereof. The remaining funds shall be treated mutatis mutandis in accordance with paragraphs 1 to 5.
Synergies
(1) Everyone is obliged to inform the Ministry of the facts which are relevant for verifying compliance with the conditions for the entitlement of the beneficiary under this law.
(2) The courts and law enforcement authorities will provide the Ministry with the necessary synergies, in particular by sending copies of the documents in the file for the exercise of its powers under this law at its written request.
(3) When verifying compliance with the conditions to satisfy the entitlement of an authorised person under this Act, the authorised official person of the Ministry shall be entitled to consult the criminal files and files of the court in civil proceedings; courts and law enforcement authorities shall allow it to be consulted.
Recording of data on funds from property criminal sanctions
The Ministry shall, for the purpose of carrying out the tasks under this Act, maintain and maintain a record of the funds of criminal penalties imposed in criminal proceedings which have been sent to a special account. This register is a private information system for public administration.
Register of property rights of beneficiaries transferred to the State
(1) The Ministry shall maintain and maintain a register of the property rights of beneficiaries transferred to the State (hereinafter referred to as the Register). The register is a public information system.
(2) The Ministry uses data held in the register for the purposes of this Act and for the purposes of the recovery of property rights which it has transferred to the State pursuant to Paragraph 11.
(3) The Ministry provides data from the register to courts and executors for the purposes of the execution of decisions under the Civil Code and execution under the Rules of Enforcement, in a way that allows remote access.
(4) The data kept in the register shall be deleted from the register 25 years after their registration.
Information in the register
(1) The following information is kept in the register:
(a) the name and, where applicable, the names and surnames, the date of birth and the address of the place of residence or the name or business name, the identification number of the persons or similar indication and the address of the registered office of the authorised person whose property is transferred to the State;
(b) the name and, where appropriate, the names and surnames, the date of birth and the address of the place of residence or the name or business name, the identification number of the persons or similar indication and the address of the registered office of the offender against whom the person entitled has acquired his property;
(c) the description of the legal proceedings in which the person entitled has been granted his property right, the file mark under which he is kept; in the case of a property claim for payment of the maintenance due, the infringement proceedings shall be indicated;
(d) a description of the court which issued the decision granting the person entitled his property right; in the case of a property claim for payment of the maintenance due, the court which issued the criminal order or condemning the judgment in proceedings for malpractice shall be designated;
(e) the amount of property entitlement transferred to the State;
(f) the date on which the property is transferred from the beneficiary to the State.
(2) The register shall include operational data on the entry of the data referred to in paragraph 1.
Transitional provision
Under that law, the law does not apply to property criminal penalties imposed by law before the date of entry into force of that law.
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 Article 43, at the end of paragraph 1, the sentence "If the offence of malpractice is committed by compulsory nutrition (Paragraph 196 of the Penal Code), for the purposes of this Act, the property damage caused by the criminal offence and the maintenance due shall be understood as being due."
2. In Paragraph 46, the first sentence shall be supplemented by the words'; in the context of the instruction, it shall also draw his attention to the possibility of seeking the satisfaction of a claim for compensation or non-property damage caused by a criminal offence or the issue of unjustified enrichment obtained by a criminal offence under the Law on the use of funds from property criminal sanctions'.
3. Paragraph 343 (3) is deleted.
Paragraph 4 shall become paragraph 3.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 11 of Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended by Act No. 575 / 1990 Coll., Act No. 358 / 1992 Coll., Act No. 548 / 1992 Coll., Act No. 21 / 1993 Coll., Act No. 285 / 1993 Coll., Act No. 135 / 1996 Coll., Act No. 272 / 1996 Coll., Act No. 257 / 2000 Coll., Act No. 517 / 2002 Coll. and Act No. 14 / 2017 Coll., the following paragraph 7 is added:
"(7) The Ministry of Justice shall provide financial assistance to victims of crime and satisfy the property claims of persons harmed by a criminal offence through the funds of property criminal sanctions. ';
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 59 / 2017 Coll., on the use of funds from property criminal sanctions imposed in criminal proceedings and amending certain laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0