What is Full text of Act No. 69 / 1994 Coll.?

Full text of Act No. 69 / 1994 Coll., Criminal Procedure Act (Criminal Code) - (Full text as resulting from subsequent amendments and additions) — Law on criminal proceedings (Code of Criminal Procedure) - (full text as resulting from subsequent amendments and additions).

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Full text of Act No. 69 / 1994 Coll.

Law on criminal proceedings (Code of Criminal Procedure) - (full text as resulting from subsequent amendments and additions)

Valid Declared full text

Text versions: 20.04.1994

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Announces

the full text of the Act of 29 November 1961 No. 141 Coll., on the criminal proceedings of the Court (Criminal Code), as follows from the amendments made by the Law of 17 June 1965 No. 57 Coll., by the Law of 5 June 1969 No. 58 Coll., by the Law of 18 December 1969 No. 149 Coll., by the Law of 25 April 1973 No. 48 Coll., by the Law of 5 April 1978 No. 29 Coll., by the Law of 10 April 1980 No. 43 Coll., by the Law of 13 December 1989 No. 159 Coll., by the Law of 2 May 1990 No. 178 Coll., by the Law of 20 July 1990 No. 303 Coll., by the Law of 11 December 1991 No. 558 Coll., by the Czech National Council of 21 December 1992 No. 25 / 1993 Coll., by the Law of 24 March 1993 No. 115 and by the Law of 10 November 1993 No. 292.

THE LAW

on criminal proceedings (criminal order)

ČÁST PRVNÍ

COMMON PROVISIONS

HLAVA PRVNÍ

GENERAL PROVISIONS

§ 1

Purpose of the law

(1) The purpose of the Code of Criminal Procedure is to adjust the procedure of law enforcement authorities to ensure that the offences are properly detected and that their perpetrators are punished fairly by law. In doing so, management must act to consolidate legality, to prevent and prevent crime, to educate citizens in a spirit of strict respect for the laws and rules of civil coexistence, and to honour the obligations of the state and society.

(2) Helping to achieve the purpose of criminal proceedings is the right and the duty of citizens under the provisions of this law.

§ 2

Basic principles of criminal proceedings

(1) No one may be prosecuted as accused unless for legal reasons and in the manner laid down by this law.

(2) Until a final judgment condemning the court is ruled guilty, one against whom criminal proceedings are brought cannot be seen as guilty.

(3) The prosecutor shall be required to prosecute all offences he has learned of; exemptions are permitted only under the law or under the declared international agreement.

(4) Unless otherwise provided for in this law, the law enforcement authorities shall act on an official basis; must deal with criminal matters as quickly as possible and with a full investigation into civil rights guaranteed by the Constitution. The content of petitions interfering with these obligations shall not be taken into account by law enforcement authorities.

(5) The law enforcement authorities shall proceed in such a way as to establish the facts of a case of which there are no reasonable doubts, to the extent necessary for their decision. In the absence of a proposal from the parties, the circumstances in favour and against the defendant are explained equally carefully. The confession of the defendant shall not relieve the law enforcement authorities of the obligation to examine all the circumstances of the case.

(6) The law enforcement authorities shall assess the evidence on the basis of their internal beliefs based on careful consideration of all the circumstances of the case individually and in summary.

(7) All law enforcement authorities cooperate with and benefit from the interest associations of citizens.

(8) Criminal prosecution before courts is only possible on the basis of an indictment brought by the prosecutor.

(9) In criminal proceedings, the Board or a single Judge shall act before a court; the President of the Chamber or of a single Judge shall take his own decisions only where the law expressly so provides. Where the Court of First Instance decides in the preparatory proceedings, the decision shall be taken by a judge.

(10) Criminal cases shall be dealt with in public before the courts in such a way that citizens can attend and monitor the hearing. In the main proceedings and public meetings, the public may be excluded only in the cases expressly provided for in this law.

(11) The hearing before the courts shall be oral; evidence of the testimony of witnesses, experts and accused persons shall, as a general rule, be carried out by the court itself questioning the said person.

(12) When deciding in the main proceedings and in a public and private session, the court may take account only of the evidence which was made at the hearing.

(13) The person against whom the criminal proceedings are conducted must be informed, during each period of the proceedings, of the rights enabling him to exercise his full defence and of the fact that he may also choose a lawyer; all law enforcement authorities are obliged to allow it to exercise its rights.

(14) Everyone is entitled to use his mother tongue before the authorities involved in criminal proceedings. The law enforcement authorities shall conduct proceedings and draw up their decisions in the Czech language.

Cooperation with citizens' interest associations

§ 3

(1) The law enforcement authorities cooperate with the interest associations of citizens to strengthen the educational activities of criminal proceedings and to prevent and prevent crime in this way.

(2) Citizens' interest associations may draw the attention of law enforcement authorities to cases of infringement and thus initiate criminal prosecution. They may propose that the court, in order to deepen the educational effect of criminal proceedings, discuss the case at the defendant's place of work or at his place of residence. The Court shall cooperate with the interest associations of citizens in ensuring the participation of citizens in the proceedings; such associations shall cooperate in accordance with the provisions of this Law and in the education of persons who are convicted and made redundant; help also create conditions for the sentenced to live after the sentence has been carried out properly.

§ 4

(1) An interest association of citizens, which, for the purposes of this Act, means, in particular, trade unions and other social organisations, working groups and churches, with the exception of political parties and political movements, may, after consultation in the collective, offer to take over the guarantee for the correction of the defendant, if they consider for a reason that there is a presumption that the accused can be corrected by the action of the collective. The court to which such a proposal has been sent shall, as a general rule, examine the matter in the main proceedings before the collective interest association of citizens and, should the guarantee be accepted, shall take account of it when deciding on the penalty. In particular, if the criminal law so permits, it may allow a suspended sentence to be suspended, or impose another kind of penalty which is not linked to the withdrawal of liberty, or refrain from punishment.

(2) The interest association which has taken over the guarantee is responsible for the rearing and correction of the accused who has been entrusted with the guarantee and ensures that he makes good the damage caused by the offence.

§ 5

The interest associations referred to in Article 4 (1) shall have the right to send a case before the District and Regional Court as a court calling its representative, which shall then, on the basis of the order of the Court, take part in the proceedings under the provisions of this Law and the court shall interpret the opinion of their collective on the criminal case in question, the person of the offender and the possibilities of rectification (§ 183).

§ 6

(1) The associations of interest referred to in Article 4 (1) may offer to take over the guarantee for the completion of the remedy of the sentenced person and apply on this basis for his conditional release from the prison sentence or for the suspension of the remainder of the sentence of the prohibition of activity or residence. In order to obtain evidence for such a request, they may inform themselves of the status of the rearing of the sentenced.

(2) Those interest associations may also propose that the detention of the defendant be replaced by their guarantee (§ 73) and submit a request for pardon and for destruction of the conviction for the sentenced.

Synergies of state authorities, natural and legal persons

§ 7

Criminal authorities shall assist each other in the performance of the tasks arising under this law.

§ 8

(1) State authorities, legal entities and natural persons are required to comply without undue delay and unless the special rule provides otherwise, with requests from law enforcement authorities in the performance of their tasks. In addition, state authorities are required to notify the prosecutor or police authorities without delay of facts suggesting that an offence has been committed.

(2) Data which are otherwise the subject of banking secrecy and, in proceedings for a tax reduction offence or other similar offence, as well as data obtained in tax proceedings, may, in the preparatory proceedings, require, with the consent of the Judge, a prosecutor. In proceedings before a court, the President of the Chamber may request such information.

(3) The provisions of paragraphs 1 and 2 are without prejudice to the obligation to maintain national and economic secrecy or to the obligation of confidentiality imposed or recognised by the State.

§ 8a

Provision of information on criminal proceedings

(1) The law enforcement authorities shall inform the public of their activities by providing information to the media. In doing so, they shall ensure that they do not jeopardise the clarification of the facts relevant to the assessment of the case, do not disclose the persons involved in criminal proceedings, data which are not directly related to criminal activity, and do not infringe the principle that, until a final judgment of conviction is delivered, the person against whom the criminal proceedings are conducted cannot be regarded as guilty (§ 2 (2)).

(2) For the reasons set out in paragraph 1, the law enforcement authorities shall refuse to provide information.

§ 9

Assessment of questions referred for a preliminary ruling

(1) The law enforcement authorities shall examine the questions referred for a preliminary ruling separately; However, if such a question is a final decision by a court or other state body, the law enforcement authorities shall be bound by such a decision, unless it concerns the assessment of the defendant's guilt.

(2) The law enforcement authorities are not authorised to deal separately with the questions referred for a preliminary ruling on the personal situation decided in civil proceedings. If a decision on such a question has not yet been taken, they shall await its publication.

§ 10

Exemptions from the jurisdiction of law enforcement authorities

(1) Persons enjoying privileges and immunities under law or international law shall be excluded from the jurisdiction of law enforcement authorities under this law.

(2) If there is doubt as to whether or to what extent someone is excluded from the jurisdiction of the law enforcement authorities under this law, the Supreme Court shall decide on the proposal of the person concerned, the prosecutor or the court.

§ 11

Inadmissibility of criminal prosecution

(1) The prosecution cannot be initiated and, if it has already been initiated, it cannot be continued and it must be stopped,

(a) if the President of the Republic so commands, use his right to pardon or amnesty,

(b) where the prosecution is suspended,

(c) if there is a person who is excluded from the jurisdiction of the law enforcement authorities (§ 10), or a person whose prosecution requires consent under the law if such consent has not been given by the competent authority;

(d) if there is a person who is not responsible for the lack of age,

(e) against him who died,

(f) against which the previous prosecution for the same act has ended in a final judgment of the Court of First Instance or has been terminated definitively if the decision has not been annulled in the prescribed procedure;

(g) against which the previous prosecution for the same act has ended with a final decision by another authority to prosecute the offences of the creditor, if the decision has not been revoked in the prescribed procedure;

(h) where criminal prosecution is conditional upon the consent of the injured party and the consent has not been given or withdrawn (§ 163a); or

(ch) if it so provides for a declared international treaty, which the Czech Republic is bound by.

(2) However, in criminal proceedings which have been brought to an end on the grounds referred to in paragraph 1 (a), (b) or (h), the defendant shall continue to be declared within three days of the date on which the order to stop the prosecution has been notified that he insists on hearing the case. That's what the defendant needs to be taught.

§ 12

Interpretation of certain terms

(1) Criminal authorities are the courts, prosecutors, investigators and police authorities.

(2) The supervisory authorities are the authorities of the Czech Police. The same rank is held in criminal proceedings of members of the armed forces as well as by the military police and in criminal proceedings of members of the Czech Prison Service.

(3) Where this law refers to a court, it means, according to the nature of the case, a district court, a regional court, a Supreme Court or a Supreme Court of the Czech Republic ("the Supreme Court ').

(4) Where this law refers to a district court, it means a district court or another court having the same jurisdiction; where this law talks about the Regional Court, this means the Municipal Court in Prague.

(5) Where this law refers to a district attorney, this includes a district prosecutor or, where appropriate, another prosecutor of equal scope; where this law talks about the district attorney, this means the city prosecutor in Prague.

(6) The party is the person against whom criminal proceedings are conducted, the person concerned and the injured person and, in court, the prosecutor and the social representative; the same status as the Party shall be established by another person whose application or request is led by proceedings or who has brought an appeal.

(7) Unless the nature of the case implies otherwise, the defendant and the defendant shall also be understood to be the defendant.

(8) After the order of the main trial, the defendant is referred to as the defendant.

(9) The judge is the one against whom a judgmental sentence has been given, which has already acquired legal authority.

(10) Criminal proceedings shall mean proceedings under this law, criminal prosecutions and proceedings from the beginning of criminal proceedings until the legal power of the judgment, or any other decision of the criminal authority on the substance of the case and the preparatory proceedings of the proceedings since the start of criminal proceedings, or, where appropriate, the execution of urgent or unreproducible acts (Section 160 (1) (2)) until the prosecution, referral, suspension or termination of criminal proceedings before the prosecution.

(11) If the defendant continues to act for which he is prosecuted, even after the indictment has been notified, such action shall be considered as a new act.

HLAVA DRUHÁ

COURT OF JUSTICE AND PERSONS CONCERNED

Oddíl první

Jurisdiction and jurisdiction of courts

§ 13

Enforcement of criminal justice

Judgments in criminal matters are carried out by district courts, regional courts, supreme courts and the Supreme Court.

§ 14 a 15

cancelled

Jurisdiction

§ 16

The proceedings at first instance shall be conducted, unless otherwise provided for in this law, by the district court.

§ 17

The Regional Court shall, at first instance, conduct criminal proceedings where the law provides for a custodial sentence of at least five years or where an exceptional penalty may be imposed for them. On the offence of terror, corruption, sabotage and crimes under the law of peace protection, the regional court shall, at first instance, even if the lower limit is lower.

§ 18

Local jurisdiction

(1) The proceedings are carried out by a court in whose district the offence has been committed.

(2) If the crime scene cannot be ascertained or if the offence has been committed abroad, proceedings shall be held by the court in whose district the defendant lives, works or stalls; If these places cannot be identified or are outside the territory of the Czech Republic, the proceedings shall be held by a court within whose territory the act has become apparent.

§ 19

repealed

Joint management

§ 20

(1) All the offences of the same defendant and against all the accused persons whose offences are related shall be subject to joint proceedings.

(2) Joint proceedings concerning an offence to be dealt with by a single judge and an offence to be dealt with by a Chamber shall be held by the Chamber.

§ 21

(1) Joint proceedings shall be held by the Regional Court where it is competent to conduct proceedings on at least one of the offences.

(2) The joint proceedings shall be conducted by a court which is competent to bring proceedings against the offender of the offence or the most serious offence.

§ 22

Jurisdiction of several courts

Where, pursuant to the previous provisions, the jurisdiction of several courts is given, the proceedings of those courts shall be carried out by the person to whom the prosecutor has brought the action or to whom the case has been referred by an incompetent court.

§ 23

Exclusion and connection of the matter

(1) In order to expedite proceedings or for other important reasons, proceedings concerning one of the offences or against one of the accused may be excluded from joint proceedings.

(2) The jurisdiction of the court which excluded the case is unchanged; However, if the Regional Court excludes a case which would otherwise have been the case for the proceedings of the District Court, it may refer it to that court.

(3) Where there are conditions for joint proceedings, the court may bring the cases in which separate indictments have been brought to a joint hearing and judgment.

§ 24

Jurisdiction disputes

Disputes of jurisdiction between courts shall be decided by the court closest to them jointly.

§ 25

Withdrawal and commandment of the case

For important reasons, the case may be removed from the competent court and ordered to another court of the same kind and degree; the removal and the commandment shall be decided by the court which is closest to the two courts together.

§ 26

Jurisdiction of the Court of First Instance in preparatory proceedings

(1) In order to carry out the preparatory work, the district court in whose district the prosecutor who made the application is active shall be responsible.

(2) The Court of First Instance, with which a public prosecutor has made an application pursuant to paragraph 1, becomes competent to carry out all the proceedings of the court in the course of the preparatory procedure, provided that the case is not referred for the jurisdiction of another public prosecutor acting outside that court.

Oddíl druhý

Auxiliary

§ 27

Receiver

As a general rule, the reporter taken into account in the promise shall be added to the record on the conduct of the law enforcement authorities. If the recorder has not been added, the record shall be drawn up by the person performing the operation.

Interpreter

§ 28

Where the content of the statement or document needs to be translated or the defendant declares that he does not control the language in which the hearing is held, the interpreter shall be added; The interpreter can also be a writer.

§ 29

(1) The provisions of the interpreter, the eligibility and exclusion of the interpreter, the right to refuse interpretation, the promise and the reminder of pre-interpretation duties, as well as the reimbursement of expenses and the remuneration for interpretation are subject to specific provisions.

(2) The amount of compensation and the remuneration of the interpreter shall be determined by the institution which has brought the interpreter and by the President of the Chamber in court. If the institution or the President of the Chamber does not agree to the payment and remuneration of the interpreter, it shall decide on their amount by way of order. There is an admissible complaint against this decision which has suspensory effect.

Oddíl třetí

Exclusion of law enforcement authorities

§ 30

(1) A judge or associate, prosecutor, investigator and police authority may be excluded from carrying out criminal proceedings where it is doubtful that it is not possible for its lawyers, legal representatives and agents to take an impartial decision in relation to the case or persons directly concerned by the action or the relationship with another law enforcement authority. The actions taken by the excluded persons cannot form the basis for a decision in criminal proceedings.

(2) A judge or associate is also excluded from carrying out criminal proceedings where he has been acting in the present case as a prosecutor, investigator, police authority, social representative, lawyer or agent of the person concerned or the injured party. After the prosecution has been brought, he shall be excluded from carrying out criminal proceedings by a judge who, in the present case, has ordered a house search, issued an arrest warrant or decided on the detention of the person to whom the prosecution was subsequently brought.

(3) In addition, a judge or associate who took part in a decision in a court of a lower degree and vice versa shall be excluded from the decision in a court of a higher degree. The decision on a complaint with a superior body shall exclude the prosecutor who took or gave his consent or instruction to the contested decision.

§ 31

(1) The exclusion for the reasons set out in Paragraph 30 shall be decided by the authority to which those grounds relate, including on its own motion. The Board shall decide on the exclusion of a Judge or associate if they take a decision in the Chamber.

(2) A complaint shall be admissible against the decision referred to in paragraph 1.

(3) The complaint shall be decided by the authority directly superior to the authority which issued the contested decision.

Oddíl čtvrtý

Charged

§ 32

Charged

He who is suspected of committing a crime can only be regarded as accused and used against him the funds provided by this law if he has been informed of the charge (§ 160).

§ 33

Rights of the defendant

(1) The defendant has the right to make his views known on all the facts which he is accused of and the evidence of them, but is not obliged to make known. It may state the circumstances and evidence used to justify it, make proposals and submit applications and appeals. It has the right to choose and consult an attorney during acts carried out by a criminal authority. However, in the course of his interview, he cannot consult the lawyer on how to answer the question already put. It may request that he be questioned with the participation of his lawyer and that he participate in other preparatory proceedings (§ 165). If he is in custody or in the execution of a prison sentence, he may speak to the lawyer without the presence of a third party. Those rights are for the defendant even if he is deprived of legal capacity or is restricted to legal capacity.

(2) The defendant, who has insufficient resources to cover the costs of the defence, is entitled to the defence free of charge or to the defence for reduced remuneration.

(3) All law enforcement authorities are always obliged to instruct the accused about his rights and give him the full possibility of applying them.

§ 34

Legal representative of the defendant

(1) The legal representative of the defendant who is deprived of legal capacity or whose legal capacity is limited shall be entitled to represent the defendant, in particular to elect a lawyer, to make proposals for the accused, to lodge applications and appeals for him; is also entitled to participate in those acts which the accused may participate in under the law. For the benefit of the accused, the legal representative may exercise these rights even against the will of the accused.

(2) In cases where the legal representative of the accused is unable to exercise his rights as referred to in paragraph 1 and there is a risk of delay, the President of the Chamber and, in the preparatory proceedings, the Prosecutor may appoint a guardian to exercise those rights. A complaint shall be admissible against a decision on the provision of a guardian.

Oddíl pátý

Defender

§ 35

Defender

(1) Only a lawyer may be a lawyer in criminal proceedings. For each action of criminal proceedings, with the exception of proceedings before the Regional Court as a court of first instance, before the Supreme Court and the Supreme Court, the lawyer may be represented by an associate.

(2) In the main trial and in the public session, the defendant may not be called as a witness, expert or interpreter.

Necessary defence

§ 36

(1) The defendant must have a lawyer in preparation,

(a) if he is in custody, in the execution of a prison sentence or for observation in a medical institution (§ 116 (2)),

(b) is deprived of legal capacity or is limited to legal capacity;

(d) if there is a case against a fugitive.

(2) The defendant must also have a lawyer if it is deemed necessary by the court and in the preparatory proceedings by the investigator or prosecutor, in particular because, in view of the physical or mental defects of the defendant, they have doubts about his ability to defend himself properly.

(3) Where criminal proceedings are conducted, for which the law provides for a custodial sentence, the upper limit of which exceeds five years, the defendant must have a lawyer in preparation.

(4) The defendant must also have a lawyer in a foreign extradition procedure and in a procedure in which protection treatment is decided, with the exception of anti-alcoholic treatment.

§ 36a

(1) In an enforcement procedure in which the court decides in a public session, the sentenced lawyer must have:

(a) is deprived of legal capacity or is limited to legal capacity;

(b) if there is a conditional release from the imprisonment of a minor who did not complete the eighteenth year at the time of the public meeting,

(d) where there is doubt as to its ability to defend itself properly.

(2) In the infringement complaint proceedings and the recovery order proceedings, a convicted lawyer must have:

(a) if the cases referred to in Article 36 (1) (a) or (b) are concerned,

(b) if there is an offence for which the law provides for a custodial sentence, the upper limit of which exceeds five years;

(c) if he is young and has not completed the eighteenth year at the time of the public meeting on a complaint for infringement or an application for renewal; or

(d) where there are doubts as to its ability to defend itself properly,

(e) if it comes to proceedings against a convicted person who has died.

§ 37

Elected Defender

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Regulation Information

Citation	Full text of Act No. 69 / 1994 Coll., Criminal Procedure Act (Criminal Code) - (Full text as resulting from subsequent amendments and additions)
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	20.04.1994
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Finance Commercial law Businessman, Company Criminal law Criminal law Accounting

The regulation text is for informational purposes only.