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(1) The court that has jurisdiction pursuant to Article 32 of this Code may upon theproposal of the parties or ex officio, for important reasons or reasons of expediency anduntil the end of the trial, decide to sever the proceeding for certain criminal offences oragainst certain accused persons and separately complete the proceedings, or to referthem to another court having jurisdiction.(2) Decisions to sever proceedings or refusing a motion to sever proceedings are notappealable.4. Transfer of territorial jurisdictionArticle 35(1) When the court that has jurisdiction is prevented from conducting criminalproceedings due to legal or factual reasons, it is required to notify thereof theimmediately higher court, which shall in turn designate another court that has materialjurisdiction on its territory.(2) This decision is not appealable.Article 36(1) The Supreme Court of Cassation may determine another materially competent courtto conduct the proceedings if it is obvious that this would make conduct of theproceedings easier, or if other important reasons exist.(2) The ruling referred to in paragraph 1 of this Article may be issued by the court actingon a motion of the investigating judge, a single judge, the presiding judge of a chamberor the competent public prosecutor.5. Assessment and conflict of jurisdictionArticle 37(1) The court is required to look after its material and territorial jurisdiction, and as soonas it determines that it is not competent it shall declare its lack of jurisdiction and afterthe ruling becomes final shall refer the case to the court with the proper jurisdiction.(2) Where after a trial has been initiated the court determines that a lower court iscompetent, it shall not refer the case to the lower court, but complete the proceedingsand render a decision.(3) After an indictment takes legal effect, a court may not declare lack of territorialjurisdiction, nor may parties in proceedings challenge the court’s territorial jurisdiction.(4) Courts which lack territorial jurisdiction are is required to conduct those activities inthe proceedings for which there is a danger of deferrals.Article 38
(1) If a court to which a case has been referred as the court with the proper jurisdictionconsiders that the court that referred the case or another other court has jurisdiction, itshall initiate a procedure for resolving the conflict of jurisdictions.(2) Where in connection with an appeal against a decision of a court of first instancedeclaring its lack of jurisdiction a court of second instance renders a decision, thisdecision shall also be binding with respect to jurisdiction for the court to which the casehas been referred, if the second-instance court has jurisdiction for resolving jurisdictionaldisputes between the courts involved.Article 39(1) Jurisdictional disputes between courts shall be decided by the court immediatelysuperior to the courts involved.(2) Before rendering a ruling on a jurisdictional dispute, the court shall ask the opinion ofthe public prosecutor representing the prosecution before that court in cases whencriminal proceedings are conducted on his request.(3) Rulings on jurisdictional disputes are not appealable.(4) If the conditions referred to in Article 34 of this Code are fulfilled, the court mayconcurrently with the decision on jurisdictional dispute also render ex officio a decisionon the transfer of territorial jurisdiction.(5) Until jurisdictional disputes between courts are resolved, each of the courts involvedare is required to undertake procedural actions with respect to which there is a danger ofdeferrals.Chapter IIIRECUSALArticle 40A judges or lay judge may not perform judicial duty:1) where he was aggrieved by the criminal offence;2) where the judge is the spouse or relative by blood to any degree, or collaterally to thefourth degree, and by marriage to the second degree, of the accused person, hisdefence counsel, the prosecutor, aggrieved parties, their legal representatives orproxies;3) where the judge is a foster-parent or foster-child, adopter or adoptee, guardian orward of the accused person, his defence counsel, the prosecutor or aggrieved parties;4) where in the same criminal proceedings the judge had performed investigatoryactions, or had taken part in the proceedings as a prosecutor, defence counsel, legal
Page 1 and 2: THE CRIMINAL PROCEDURE CODE(Officia
Page 3 and 4: (2) Any person deprived of liberty
Page 5 and 6: Any form of violence and extortion
Page 7 and 8: Article 24(1) First-instance courts
Page 9: If it cannot be determined under th
Page 13 and 14: (1) The president of the court rule
Page 15 and 16: The territorial jurisdiction of the
Page 17 and 18: temporary residence on justifiable
Page 19 and 20: (2) In the case of a failure of agg
Page 21 and 22: (3) Accused persons tried in absent
Page 23 and 24: (1) Searches of the abode and other
Page 25 and 26: or bring in an accused person, in o
Page 27 and 28: (3) Where the interests of the proc
Page 29 and 30: defence counsel is not present alth
Page 31 and 32: 3) persons who would by their state
Page 33 and 34: (2) Witnesses shall always be asked
Page 35 and 36: (1) Where there exist circumstances
Page 37 and 38: Article 109đThe court is required
Page 39 and 40: (3) As a rule, persons questioned a
Page 41 and 42: Where expert opinions contain contr
Page 43 and 44: the basis of a substantiated propos
Page 45 and 46: (6) Photographs, audio recording, o
Page 47 and 48: (2) The order to have the accused p
Page 49 and 50: themselves make a promise before th
Page 51 and 52: as the evidence due to which it was
Page 53 and 54: (3) An appeal against the ruling re
Page 55 and 56: (6) The dispatch of a request, comp
Page 57 and 58: Article 158(1) Unless prescribed ot
Page 59 and 60: eing served for a response, shall b
Page 61 and 62:
the proceedings who agrees to deliv
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(1) A record shall be kept of every
Page 65 and 66:
investigating judge shall ex offici
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(4) Accused persons in detention ma
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(2) The costs of criminal proceedin
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criminally prosecutable ex officio,
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(5) Where a court finds it does not
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Article 206(1) Indemnification clai
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(1) Where the application of crimin
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5) Convicted persons, accused perso
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(3) Collection of information from
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(5) If during the interrogation the
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(1) The public prosecutor may reque
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(3) Suspects are required to fulfil
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B. PRELIMINARY PROCEEDINGSChapter X
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(2) The investigating judge may als
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(1) During the investigation partie
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2) if the statutory limit for prose
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(3) When the investigating judge fi
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6) a statement of reasons indicatin
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(1) If the chamber does not deny th
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Article 280(1) Decisions of the cha
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(4) In the agreement on the admissi
Page 107 and 108:
(3) Rulings on appeals referred to
Page 109 and 110:
(4) Aggrieved parties summoned as w
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aggrieved also allow the attendance
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(5) Other decisions in connection w
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(2) Where a subsidiary prosecutor o
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(6) The president of the chamber is
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public. The ordering part of the ju
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(1) General provisions on interroga
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(2) The president of the chamber sh
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(1) Records of crime scene inspecti
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indictment are not allowed. If the
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1) that the court has no material j
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7) a decision on the costs of the c
Page 133 and 134:
(3) The president of the chamber sh
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mistakes in writing and calculation
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of time. If the appellant fails to
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2) whether there exist circumstance
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to notify one or more parties about
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2) whether the Criminal Code was vi
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(2) If the court of second instance
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(1) The parties and persons whose r
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4) where after a judgement becomes
Page 151 and 152:
facts would have led to the applica
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had been convicted, the court shall
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The Court shall issue a judgement d
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(2) If the investigating judge does
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Article 442(1) The judge shall summ
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(10) If the public prosecutor was n
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(2) The accused may file an objecti
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part of the ruling on a judicial ad
Page 167 and 168:
terrorism (Article 391 of the Crimi
Page 169 and 170:
(3) The measures referred to in par
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(1) The measure referred to in Arti
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measure, a description of the techn
Page 175 and 176:
Article 504n(1) The undercover oper
Page 177 and 178:
(2) The public prosecutor, the pers
Page 179 and 180:
the perpetrator to a health-care in
Page 181 and 182:
he is still so dangerous for his su
Page 183 and 184:
Where confiscation of proceeds from
Page 185 and 186:
(1) Where under the law rehabilitat
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PROCEDURE FOR INDEMNIFICATION,REHAB
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2) persons who had served a sentenc
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(5) The years of social insurance r
Page 193 and 194:
prosecution, and after the effectiv
Page 195 and 196:
This law shall enter into force on
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