What is Act No. 86 / 2015 Coll.?

Act No. 86 / 2015 Coll., amending Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure and on the Amendment of Certain Acts, as amended, and other related laws — Act amending Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure and amending certain laws, as amended, and other related laws.

When it became Act No. 86 / 2015 Coll. effectiveness?

Act No. 86 / 2015 Coll. became effective 01.06.2015.

Is Act No. 86 / 2015 Coll. still valid?

Yes, Act No. 86 / 2015 Coll. is still valid and effective.

How many times was it Act No. 86 / 2015 Coll. amended?

Act No. 86 / 2015 Coll. has 3 time versions of the text.

Act No. 86 / 2015 Coll. - Act amending Act No. 279 / 2003 Coll., o...

86

THE LAW

of 19 March 2015

amending Act No. 279 / 2003 Coll., on the execution of property and property security in criminal proceedings and amending certain laws, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the law on the enforcement of property and property security in criminal proceedings

Čl. I

Act No. 279 / 2003 Coll., on the enforcement of property and property security in criminal proceedings and amending certain laws, as amended by Act No. 112 / 2006 Coll., Act No. 113 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 218 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 18 / 2012 Coll. and Act No. 193 / 2012 Coll., is amended as follows:

1. In the heading of Part One, the words "AND OTHERS 'shall be replaced by" AND OTHERS'.

2. The following shall be inserted after the title of Part One:

„HLAVA I

GENERAL PROVISIONS '.

3.

„§ 1

(1) That law lays down the procedure for the enforcement of decisions to secure property or its designated part for the purpose of the execution of a sentence or of the satisfaction of a person injured in criminal proceedings and the management of such property, as well as for the management of cases and spare values issued, withdrawn or otherwise secured in criminal proceedings ("property ').

(2) Under this law, the enforcement of decisions on the freezing of property issued in the framework of international judicial cooperation in criminal matters for the purposes referred to in paragraph 1 and the management of property secured under the Law on international judicial cooperation in criminal matters shall also be carried out.

(3) Under this law, it does not proceed with the administration of cases which the criminal authority has taken into custody for the purpose of carrying out the evidence.

(4) For the purposes of this Act, sales are also considered to be the legal system.

(5) By filing an indictment, an application for approval of an agreement on guilt and punishment, an application for punishment, an application to prevent a case or an application to prevent a substitute in accordance with the criminal rules, the jurisdiction to administer the property is transferred to a court. The prosecutor shall, together with the indictment or application referred to in the sentence of the first court, forward all documents of the actions taken in managing the secured property in the preparatory proceedings.

(6) The provisions of this Law on the Procedure of the Court shall be applied mutatis mutandis to the Procedure of the Prosecutor. The provisions of this Law on the procedure of the court in the management of the secured property shall also apply mutatis mutandis to the procedure of the police authority which has decided to secure the property, has called for the issue of the case or has issued an order for the removal of the property under the criminal rules; prior to the decision on the sale of the secured property, the police authority shall inform the prosecutor that the property is to be sold, except where a perishable item is to be sold. In accordance with this law, the judge shall decide on the acts which interfere with fundamental rights and freedoms and which, under the criminal rules, are decided by a judge in the preparatory proceedings.

(7) The provisions of this law, which refer to the defendant, shall apply mutatis mutandis to another person to whom property has been secured in criminal proceedings.

(8) Unless otherwise provided for in this law, the court shall proceed with the execution of the judgment on the freezing of property and the administration of the property secured under the criminal law. ';

footnotes 1 to 1e are deleted.

4. The heading above Section 2 is deleted.

5. The following title and title of the new Title II are inserted after Section 1:

„HLAVA II

PERFORMANCE OF THE DECISION TO ENSURE THE PROPERTY '.

6. The heading "General measures' is inserted under the title of Section 2.

7. Paragraph 2 (2) reads as follows:

"(2) The court which has decided on the security shall inform the persons and authorities known to have a right to pre-purchase or other property in respect of that decision, or to conduct proceedings in which the exercise of the right to dispose of the property secured has been restricted." If the property right has been secured, the court shall also deliver the order of detention to the debtor of the defendant and require him to surrender the corresponding performance to his custody or to another designated place. The debtor shall fulfil his obligation to the extent that the performance is provided by the deposit or other designated place of custody. ';

8. In Article 2, paragraphs 3 and 4 are added:

"(3) The court which has decided on the security shall immediately inform the authority which, under the special legislation, keeps records of the property which has been secured and shall at the same time invite it to notify it immediately if it finds that the property which has been secured is being treated in such a way as to undermine or impede the purpose of the security. If, pursuant to the cadastral law, an application has been filed for the registration of a property right in the property register on the basis of the legal conduct by which the defendant treats the property, before a resolution on its collateral has been issued and has not yet been definitively decided on by the competent authority, the proposal in question loses its legal effects on the date on which the decision on its collateral becomes final.

(4) Where entry in the register under special legislation is necessary for the transfer or for the establishment of the right to secure the property, such entry may be made only with the prior consent of the court which has decided on the security, after notification under paragraph 3; in the case of the registration of the right to a secured property in the cadastral property register, such consent shall be required only if the registration is carried out on the basis of the legal conduct to which the defendant treats the property. ';

9. Under Article 3, the heading "Exclusion of goods' is inserted.

10. In Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:

"(f) animals for which the economic effect is not the main purpose of farming and which serve the accused as his partner."

11. in Paragraph 3 (2):

"(2) In addition, cash benefits for disabled persons and the allowance for care, benefits for assistance in material distress and State social aid benefits shall be excluded from the exercise of collateral decisions, the housing allowance and the once-paid benefits of state social assistance and foster care, and up to the amount of the basic amount which must not be deducted from the monthly wage in the execution of a decision under the civil Code of Procedure,

(a) the claim of the defendant for payment of remuneration for the employment relationship or for a similar relationship to the employment relationship;

(b) the claim of the defendant for payment of maintenance;

(c) claims for sickness and pension benefits; and

(d) State social support and foster care benefits not paid on a one-off basis. "

footnote 2a is deleted.

12. In Article 3, the following paragraph 3 is added:

"(3) Other cases not subject to the enforcement of a judicial decision under the Civil Code shall also be excluded from the enforcement of a judgment in order to satisfy the claim of the injured party under the criminal rules. ';

13. The heading "Exclusion of cases at the request of the person concerned 'shall be inserted under the heading of Section 4.

14. In Article 4, at the end of paragraph 3, the words "which have suspensory effect 'are added.

15. in Article 5 (2) (a), the words "or a relationship of a similar relationship to an employment law" shall be inserted after the word "relationship."

16. In Article 5, paragraphs 5 and 6, including footnote 2, are deleted.

17. in Article 6 (7), the words "if necessary" shall be replaced by the words "where possible."

18. in Paragraph 6 (9), the words "pursuant to a special rule of law (3) or under a special rule (4)" shall be replaced by the words "or shall decide to withdraw them under the criminal rules."

footnotes 3 and 4 are deleted.

19. The heading of Section 7 reads:

"Detection of securities, book-entry securities, funds and other intangible matters'.

20. Paragraph 7 (1) reads:

"(1) The registered securities shall be drawn up by the court after they have become aware that the registered securities are registered for the accused in the relevant register in accordance with specific legislation; where necessary or in doubt, request a report from the authority or person authorised to keep such a register. Following the listing of the listed securities, the court or authority or the person authorised to keep the relevant records under the special legislation shall communicate which book-entry securities of the defendant have been drawn up, the date of their listing and shall issue an order to ensure the right to dispose of the listed securities. ';

21. in Article 7 (3) and (4), the word "paper" shall be deleted;

22. in Article 7 (3), the words'; they shall always be 'shall be replaced by' and shall be ';

23. In Article 7, the words "or to another court designated place at the end of paragraph 4 shall be added; the third sentence of Paragraph 2 (2) shall apply mutatis mutandis'.

24. in Article 7 (5), the words "and other assets" shall be replaced by the words "book-entry securities and other intangible goods" and the words "special legislation (5)" shall be replaced by "criminal order."

footnote 5 is deleted.

25. in the first sentence of Article 8 (1), the words "verify it with the relevant cadastral office" shall be replaced by the words "verify this in the cadastral by means of remote access."

26. in Paragraph 8 (1), the third sentence, including footnote 6, is deleted;

27. in Article 8 (3), the first sentence shall be replaced by the sentence "The Court of First Instance shall inform the Financial Office and the Municipal Office in whose perimeter the secured property is situated of the order and shall post it on the court's official record."

28. the following title and title of the new Title III are inserted after Section 8:

„HLAVA III

GOVERNANCE OF THE GUARANTE'

29. Under Title III, the following Section 8a is inserted:

„§ 8a

Purpose of administration and liability of the AIFM

(1) Property secured in criminal proceedings shall be managed in accordance with this Act where legal action or action is required to be taken in order to avoid, without cause, any impairment or impairment of the assets secured or, where appropriate, to increase the assets expected.

(2) In order to achieve the purpose of the management of the AIFM, the controller shall exercise, to the extent necessary, the rights and obligations associated with the assets secured, the exercise of which is conferred upon him by this law, or the execution of which has been prohibited by the court. The AIFM shall exercise individual rights and obligations according to the nature of the property covered and the rights associated with it in accordance with this law and with specific legislation and in accordance with the delegation or management contract; while progressing properly and conscientiously.

(3) Save as otherwise provided in specific legislation, the administrator shall be liable for any damage caused by him or the persons he has used to perform his or her duties to whom he or she has been caused in connection with the performance of that activity; they shall be relieved of such liability if they prove that the damage could not have been prevented even if all the efforts that may be required of them had been made.

(4) The AIFM shall have a contract for liability insurance or other damage that may arise in connection with the performance of the administration, as concluded during the period of administration; This does not apply if the State is responsible for its activities under the Act on Liability for Damage caused by the exercise of public authority by decision or by maladministration. The contract shall cover the liability of the administrator for damage caused by his or her performance or omission in the performance of the duties of the AIFM, or in connection with him or her, or by the performance or omission of his or her staff in the performance of his or her duties, where the performance or omission took place during the period of insurance. This contract shall be concluded by the administrator no later than 5 days after the management has been entrusted or the management contract has been negotiated with him and, immediately after the contract has been concluded, to prove that fact to the person responsible for the administration or to the management contract.

(5) The insurance performance limit agreed in the liability insurance contract referred to in paragraph 4 must be at least CZK 1 000 000 for one insurance event; for a trustee who, on the basis of secured rights to the share, performs the function of a member of a statutory body in a commercial corporation whose annual total net turnover under the Accounting Act for the last financial year preceding the mandate of the administration has reached at least CZK 100 000 000, or who employs at least 100 employees in an employment relationship, must be at least CZK 10 000 for one insurance event. "

30. In the title of Section 9, "Administration 'is replaced by" Administrator'.

31. In Paragraph 9 (1) of the Introductory Part of the provision, the words "or to which the management jurisdiction referred to in Article 1 (5) has passed" are inserted after the word "decided."

32. In Paragraph 9, the following paragraph 2 is inserted after paragraph 1:

"(2) Where rights related to a holding in a commercial corporation have been ensured, which allow them to participate in the management of a commercial corporation and where there is a need to exercise management of a holding in a commercial corporation (hereinafter referred to as" share management '), the court referred to in paragraph 1 shall entrust the management of the holding to the person entered in the list of insolvency administrators, who has been granted a special authorisation under the Insolvency Trustee Act; if it is not possible to do so, it shall entrust the management of another insolvency administrator's share. Where a specific law links ownership of the share or exercise of the function of a statutory body in a commercial corporation to the fulfilment of certain specific conditions, those conditions may not be met with the administrator of the holding; However, if one of the insolvency administrators fulfils these conditions, the court shall determine it as a priority by the trustee. The insolvency administrator may refuse the mandate to manage the holding only for important reasons to be assessed by the court referred to in paragraph 1. The court referred to in paragraph 1 shall not place an administrative decision on the part of the insolvency administrator where it has reasonable doubts as to its unbiased nature.'.

Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.

33. in Article 9 (3) and (4):

"(3) Management

(a) cases where there is reason to believe that they have been obtained in connection with a breach of customs legislation or legislation governing the administration of excise duties shall be carried out by the Directorate-General for Customs,

(b) radioactive waste and sources of ionising radiation are carried out by the management of radioactive waste storage sites;

(c) specimens of plants and animals, regulated furs and seal products and other individuals protected under the Act on Trade in Endangered Species and Individuals of Specially Protected Species of Plants and Animals and Wild Birds protected under the Act on Nature Conservation and Landscape,

(d) arms, ammunition, ammunition and explosives, addictive substances and precursors, including equipment for their manufacture, preparations containing addictive substances and other dangerous substances, shall be carried out by the Regional Directorate of the Police, in whose territory the seat of the court conducting the criminal proceedings is situated.

(4) If, pursuant to paragraph 1, a person who is to exercise the management of the secured property cannot manage it himself, he shall ensure that he or she has the nature of the secured property:

(a) by delegation through an organisational body of a State or a state organisation responsible for managing a State property; or

(b) under contract, through another person engaged in a particular field or sufficiently professionally qualified to exercise the management of the property in question, in return for the payment agreed or free of charge. ";

34. In the first sentence of Article 9 (5), "3 'is replaced by" 4' and part of the sentence after the semicolon, including the semicolon, is deleted.

35. in Paragraph 9 (5), the first sentence is replaced by the following: "The contract may also be concluded for the exercise of a partial legal act or an act relating to the property covered. Where the performance of an administration consisting of the sale of the secured property is the subject of a contract, there shall also be arrangements for determining the purchase price and the procedure for the sale. ';

36. in Paragraph 9 (6):

"(6) The Office for the Representation of the State shall immediately inform the court referred to in paragraph 1 of the procedure referred to in paragraph 4 (a); the assets secured may be transferred to the management of the contractual administrator referred to in paragraph 4 (b) only after the prior agreement of that court. ';

37. in Article 9, paragraphs 7 and 8 are added:

"(7) The authorisation for the management of the secured property is a measure which must take a written form and include, in particular, the designation of the authority which issued the mandate, the designation of the authorised administrator and the definition of the rights and obligations associated with the exercise of management. In the mandate or in the annexed documents, the assets covered by the mandate must be properly and unmistakable. The authorisation may also be issued for the exercise of a partial legal act or an act relating to the property covered. The delegation shall not be issued for the management of the assets referred to in paragraph 3. The authority referred to in paragraph 1 may at any time revoke the delegation in writing and, under the conditions laid down by this law, delegate to another administrator, conclude a management contract or manage the assets secured itself.

(8) A person to whom the property has been secured shall be informed of the delegation to manage the assets covered by paragraph 1 (b) and paragraph 2; such commercial corporations shall also be notified of the delegation of the management of the share. The cancellation of the mandate, the mandate of another administrator and the conclusion of the management contract shall be notified to the persons who have been notified of the mandate to manage the secured property in accordance with the first sentence. ';

38. Paragraph 10, including the title, reads:

„§ 10

Rights and obligations of the AIFM

(1) The AIFM is required to act legally in order to prevent the impairment or impairment of the assets secured, in particular:

(a) to claim compensation in due time and to issue an object of unfounded enrichment;

(b) monitor on an ongoing basis whether the debtors fulfil their obligations to secure the property in a timely and proper manner, enforce and enforce the rights which otherwise belong to the owner or owner of the asset in question, or to any other person authorised to dispose of the property, and prevent the limitation or termination of such rights;

(c) to rely on the annulment of a legal act brought by the accused in breach of the prohibitions imposed on him by a decision to secure property under the criminal rules.

(2) Matters which have been issued or withdrawn from the defendant are also required to ensure and protect properly against impairment, in particular against damage, destruction, loss, theft or abuse, and to carry out the necessary steps to preserve the value of the matter.

(3) In order to protect the secured property in judicial, administrative or other proceedings, the AIFM shall do all the acts which the owner or owner or any other person entitled to dispose of the property is otherwise entitled to do.

(4) The Trustee shall keep the assets secured in evidence and in a clear manner in the register, pending the final disposal of the property; the assets secured are not subject to accounting and inventory.

(5) The AIFM shall not carry out any other obligations relating to the hedged assets than those referred to in paragraphs 1 to 4. Other rights relating to the secured property shall be exercised by the AIFM in order to protect the secured property only to the extent that it has been prohibited by the accused court under the criminal rules. The AIFM shall not be entitled to use, lease, load or transfer the assets secured.

(6) For the purposes of the proper management of the secured property, the AIFM shall be entitled to take all necessary steps, in particular to examine the accounting records, contracts and other documents relating to the secured property and to enter the places where they are located; the accused and other persons against whom the action is carried out shall be obliged to provide the AIFM with all necessary synergies. If the persons listed in the first sentence do not comply with the order without sufficient apologies or do not comply with the administrator's call and provide them with the necessary synergies, the court may impose an order-by-order fine of up to CZK 50 000; if the person acting as a legal person disobeys such an order or invitation, an order fine of up to CZK 500,000 may be imposed on the legal person he represents; these persons must be informed in advance. A complaint having suspensory effect shall be admissible against a decision imposing a fine; Article 146a of the Penal Code shall apply mutatis mutandis to decisions on a complaint. ';

footnotes 7 to 9 are deleted.

39. The following Sections 10a and 10b are inserted after Section 10:

„§ 10a

Management of the share

(1) The administrator responsible for managing the shares referred to in Article 9 (2) enters into the secured rights of a member of a trading company or member of a cooperative and exercises them to the extent necessary in accordance with this Act and the Commercial Corporation Act.

(2) Where, in order to achieve the purpose of the administration, one or more members of the statutory body of a commercial corporation need to be replaced and the rights guaranteed allow such a procedure to be exercised by the AIFM, the AIFM shall convene the highest body of the commercial corporation and obtain its appeal through it and shall be elected as a member of the statutory body in their place; the provisions of the Commercial Corporations Act on the integrity of a member of the Commercial Corporations Body and its demonstration, the number of members of the Statutory Corporations Body and the minimum time limits for the notification of the date of the meeting of the Supreme Corporations Body shall not apply.

(3) At the request of the court, the AIFM shall submit to it within a reasonable period of time, a report of its activities in the management of the holding; such a report shall be submitted to the court by the administrator within 15 days of the date of the expiry or revocation of its mandate to manage the holding.

(4) The trustee's mandate to manage the share shall cease to exist

(a) the cessation of his right to pursue the activities of the insolvency administrator under the Insolvency Trustees Act;

(b) by cancelling its authorisation or special authorisation under the Insolvency Trustees Act;

(c) the disappearance of a commercial corporation without a universal legal successor; or

(d) his death.

(5) Paragraph 4 shall be without prejudice to the power of the court to revoke the mandate of the AIFM for other reasons.

(6) Where the administrator of the holding exercises the function of a member of the commercial corporation body at the time of the termination or revocation of the mandate, that function shall cease at the date of the termination or revocation of the mandate; However, if the court has entrusted the management of the shares under this law to the new administrator within 14 days of the termination or termination of the mandate of the former administrator, the new administrator shall be transferred to that function on the date of its mandate by the administration. The legal proceedings made by the current administrator as a member of the statutory body of the commercial corporation between the revocation or termination of its mandate and the moment when it becomes aware of the revocation or termination of the mandate shall remain valid if approved by the new statutory body. The current administrator shall provide the new administrator, liquidator or insolvency administrator with the necessary synergies at their request, in particular to inform them of the legal proceedings taken by him.

§ 10b

Remuneration of the share manager

(1) The administrator responsible for managing the shares referred to in Article 9 (2) shall have the right to remuneration and reimbursement of final expenses.

(2) The remuneration of an administrator who, on the basis of the rights to share secured, exercises the function of a member of the statutory body of a commercial corporation and the reimbursement of its final expenses is borne by the corporation's assets. If the assets of a corporation are insufficient in whole or in part to pay the remuneration of the AIFM and to reimburse its final expenses, they shall be borne by the State. The remuneration of an administrator who manages the holding and is not a member of its statutory body and the reimbursement of its final expenses shall be borne by the State.

(3) The Court of First Instance, acting on a proposal from the administrator, shall decide on the amount of its remuneration and, where the expenditure is paid by the State, the amount of the reimbursement of its expenditure. the proposal of the AIFM shall include a statement of remuneration and final expenses, the proposed amount of compensation for the final expenditure being demonstrated by the AIFM and justified by their effectiveness and rationality. There is an admissible complaint against this decision which has suspensory effect.

(4) In determining the amount of the remuneration of the trustee, the court is based on the fact that the trustee exercises the function of a member of the statutory body in the commercial corporation and on the amount of the turnover of the corporation. If the level of remuneration of the AIFM cannot be determined in accordance with these criteria, the court shall take into account the duration of the term of administration, the scale and the complexity of the activity of the AIFM and, if the AIFM performs the function of a member of the statutory body in a commercial corporation, the court shall also take into account the level of remuneration of the other members of the statutory body or, failing such members, the level of remuneration of the former members of the statutory body.

(5) In cases where remuneration and reimbursement of the costs incurred by the administrator are borne by the State, the court shall pay them out of the State budget.

(6) The Court of First Instance may, in the course of the management of the holding, decide to pay the advance payment of the remuneration and reimbursement of the expenses incurred by the administrator, even repeatedly.

(7) The method of determining the remuneration and the final expenses of the administrator responsible for managing the share, the maximum allowable amount of remuneration and the final expenses paid by the State and the method of paying them shall be laid down in the implementing legislation. '.

40. Sections 11 and 12, including the headings, read:

„§ 11

Administration costs

The costs necessary for the proper exercise of the management of the secured property shall be borne by the court by the State budget, provided that the special provisions governing the handling of the secured property do not allow them to be otherwise paid.

§ 12

Sale of secured property

(1) The Tribunal may decide to sell the property secured with the prior consent of the defendant; consent to the sale may be given in writing or orally to the Protocol. In such a case, the defendant may make a binding statement on the lowest price at which the property may be sold; He must be informed of this right.

(2) Without the consent referred to in paragraph 1, the court may decide to sell the assets secured if it is reasonable to assume that:

(a) succumb to perishability or any other hard to resist damage;

(b) rapidly lose market value, particularly when it comes to motor vehicles and electrical equipment;

(c) excessive costs shall be associated with the management; or

(d) management will require specific conditions of use or specific competence which can only be ensured with disproportionate difficulty.

(3) In the event that the conditions laid down by this law are fulfilled, the authorised or contracting administrator shall propose to the court the sale of the assets secured; the court shall decide on such an application immediately upon receipt.

(4) When determining the purchase price and when selling progresses

(a) a court, mutatis mutandis, in accordance with specific legislation governing the sale of cases in the judicial enforcement of decisions;

(b) another law enforcement authority, a territorial unit of the Office for the Representation of the State in matters relating to the property, organisational component of the State or a state organisation, mutatis mutandis under the special legislation governing the management of the State's property;

(c) the executor, mutatis mutandis, in accordance with specific legislation governing execution,

(d) the administrator responsible for managing the shares, as appropriate under the Public Auctions Act;

(e) the contract administrator in a manner agreed in the contract.

(5) The amount of money obtained by sale shall be deposited in the custody of the court.

(6) A complaint having suspensory effect shall be admissible against the orders referred to in paragraphs 1 and 2 (b) to (d). Paragraph 146a of the Penal Code shall apply mutatis mutandis to decisions on a complaint against a resolution under paragraph 2 (c) or (d). ';

41. the following title and title of Title IV are inserted after Section 12:

„HLAVA IV

FINAL PROVISIONS "

42. The following Section 12a is inserted under the heading of Title IV:

„§ 12a

The Ministry of Justice shall issue a decree implementing Section 10b (7). '

Čl. II

Transitional provision

The provisions of this Act on insurance of liability for damage or other damage that could arise in connection with the performance of administration shall not apply to contracts concluded before the date of entry into force of this Act.

ČÁST DRUHÁ

Amendment to the Code of Criminal Procedure

Čl. III

Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 99, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 99, Act No. 5 / 2004, Act No. 99, Act No. 99, Act No. 5 / 2004, Act No. 5, Act No. 5, No 2006, Act No, Act No. 5, Act, Act No. 2006, No 1999, No 1999, No 1999, No 1999, No 1999, Act No. 5, Act No. 5, No 1999, Act No. 5, No. 2006, No

1. In Articles 42 (1) and 349b, the words "or other asset value 'are deleted.

2. In Paragraph 42, the following paragraph 4 is added:

"(4) If, according to the proposal, a case forming part of the assets of the trust or holding fund has been prevented or is to be prevented, the position of the person concerned in criminal proceedings shall be that of the trust or the manager of the holding fund. ';

3. In Paragraph 47 (1), the words "If there is a reasonable concern that the claim for compensation or non-property damage caused by a criminal offence or for the issue of unjustified enrichment obtained by a criminal offence will be undermined or made more difficult 'shall be replaced by the words" If the victim has been harmed by a criminal offence, damage or non-property damage, or if he has been accused of such a criminal offence at the expense of the criminal offence'.

4. In Paragraph 47, the following sentence is added at the end of paragraph 1: "A claim which cannot be used in criminal proceedings cannot be secured. Assets excluded from the execution of a freezing decision under a special law may not be used to secure it. ';

5. Paragraph 47 (4) reads:

"(4) The Court of First Instance, and in the preparatory proceedings, shall, in a security order, prohibit the defendant from transferring the property referred to in the freezing decision and, where appropriate, the property which will be drawn up in the course of the execution of such a decision, after notification of the order, or burdened it, or intentionally harm or destroy it. It shall also require the President of the Chamber, and in the preparatory proceedings, to inform the Prosecutor within 15 days of the notification of the order and, in the case of the property subsequently drawn up within the time limit set by them, whether and who has a right to pre-purchase or any other right to exercise the right to dispose of it or, where the right of property has been guaranteed, also who is a person liable to provide adequate service, with a notice of the consequences of failure to comply with such a call within the prescribed period (§ 66). Where this is necessary for the purposes of collateral, the resolution on collateral or the additional resolution may also prohibit or restrict the exercise of other rights relating to secured property, including rights arising only in the future. The legal action taken in contravention of the prohibitions set out in the first and third sentences shall be void, the court having regard to its own motion; The defendant must be instructed about this. '

Citation	Act No. 86 / 2015 Coll., amending Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure and on the Amendment of Certain Acts, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	17.04.2015
Effective from	01.06.2015
Effective until	-
Status	Valid

Act No. 86 / 2015 Coll.

Act amending Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure and amending certain laws, as amended, and other related laws

Contents