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(3) The court of second instance shall render a single decision on all appeals against thesame judgement.Article 386Appeals shall be dismissed by a ruling as untimely if it is determined that they were filedafter the expiry of the statutory time limit.Article 387An appeal shall be dismissed by a ruling as inadmissible if it is determined that theappeal was filed by a person not authorised to file an appeal or a person who haswaived the right to appeal, or if it is determined that the appeal was abandoned or thatan appeal was filed again after the abandonment, or if an appeal is not admissible underthe law.Article 388The court of second instance shall render a judgement denying an appeal as unfoundedand upholding the judgement of the court of first instance if it determines that thereasons for which the judgement is being challenged or the violations referred to inArticle 380 paragraph 1 of this Code do not exist.Article 389(1) The court of second instance shall by accepting the appeal or ex officio by a rulingset aside the first-instance judgement and return the case for retrial if it finds substantiveviolations of criminal procedure provisions, except for the cases referred to in Article 391paragraph 1 of this Code, or if it finds that due to incorrectly or incompletely determinedfacts a new trial before a court of first instance should be ordered.(2) The court of second instance may order a new trial before a court of first instance tobe held before a completely different chamber.(3) The court of second instance may also only partially set aside a first-instancejudgement where certain parts of the judgement may be separated without detriment toproper adjudication.(4) If the defendant is in detention, the court of second instance shall examine whetherreasons for detention still exist and shall render a ruling extending o repealing detention.These rulings are not appealable.Article 390(1) If the court of second instance determines that there exists any of the reasonsreferred to in Article 349 of this Code, it shall render a decision setting aside thejudgement of the court of first instance and dismissing the indictment.
(2) If the court of second instance in reviewing an appeal determines that it has materialjurisdiction to adjudicate the case in the first instance, it shall set aside the first-instancejudgement, refer the case to a chamber of the same court and notify the court of firstinstance thereof.(3) If only an appeal to the benefit of the defendant has been filed, and it is determinedthat a higher court is competent to adjudicate in the first instance, the first-instancejudgement may not be set aside for that reason alone.Article 391(1) The court of second instance shall by accepting the appeal or ex officio by a rulingreverse the first-instance judgement if it determines that the decisive facts in the firstinstancejudgement had been determined correctly and that in respect of the finding offacts, and by the correct application of the law, a different judgement should berendered, and according to the state of the matter also in the case of the violationsreferred to in Article 368 paragraph 1 items 5), 8) and 9) of this Code.(2) If the court of second instance finds that statutory reasons exist to pronounce ajudicial admonition, it shall reverse the first-instance judgement by a ruling andpronounce a judicial admonition.(3) If due to the reversal of the first-instance judgement the conditions are fulfilled toorder or repeal detention pursuant to Article 142 paragraph 1 item 6) and Article 358paragraph 2 of this Code, the court of second instance shall issue a separate ruling onthat matter which is not appealable.Article 392(1) In its statements of reasons for its judgements or rulings, the court of secondinstance shall evaluate all the merits of the appeals and specify the violations of the lawit took into account ex officio.(2) Where a first-instance judgement is being set aside due to substantive violations ofcriminal procedure provisions, the statement of reasons shall specify the provisionsviolated and how they were violated (Article 368).(3) Where a first-instance judgement is being set aside due to incorrect or incompletefinding of facts, the shortcomings in determining the facts shall be specified, as shall bestated why new evidence and facts are important and of influence for rendering a correctdecision, and omissions of the parties which affected the decision of the court of firstinstance may also be pointed out.Article 393(1) The court of second instance shall return all files to the court of first instance, with asufficient number of certified copies of its decision, for the purpose of delivery to partiesand other interested persons.
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THE CRIMINAL PROCEDURE CODE(Officia
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(2) Any person deprived of liberty
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Any form of violence and extortion
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Article 24(1) First-instance courts
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If it cannot be determined under th
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(1) If a court to which a case has
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(1) The president of the court rule
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The territorial jurisdiction of the
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temporary residence on justifiable
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(2) In the case of a failure of agg
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(3) Accused persons tried in absent
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(1) Searches of the abode and other
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or bring in an accused person, in o
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(3) Where the interests of the proc
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defence counsel is not present alth
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3) persons who would by their state
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(2) Witnesses shall always be asked
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(1) Where there exist circumstances
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Article 109đThe court is required
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(3) As a rule, persons questioned a
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Where expert opinions contain contr
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the basis of a substantiated propos
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(6) Photographs, audio recording, o
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(2) The order to have the accused p
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themselves make a promise before th
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as the evidence due to which it was
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(3) An appeal against the ruling re
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(6) The dispatch of a request, comp
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Article 158(1) Unless prescribed ot
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eing served for a response, shall b
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the proceedings who agrees to deliv
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(1) A record shall be kept of every
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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
Page 93 and 94: (1) During the investigation partie
Page 95 and 96: 2) if the statutory limit for prose
Page 97 and 98: (3) When the investigating judge fi
Page 99 and 100: 6) a statement of reasons indicatin
Page 101 and 102: (1) If the chamber does not deny th
Page 103 and 104: Article 280(1) Decisions of the cha
Page 105 and 106: (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
Page 111 and 112: aggrieved also allow the attendance
Page 113 and 114: (5) Other decisions in connection w
Page 115 and 116: (2) Where a subsidiary prosecutor o
Page 117 and 118: (6) The president of the chamber is
Page 119 and 120: public. The ordering part of the ju
Page 121 and 122: (1) General provisions on interroga
Page 123 and 124: (2) The president of the chamber sh
Page 125 and 126: (1) Records of crime scene inspecti
Page 127 and 128: indictment are not allowed. If the
Page 129 and 130: 1) that the court has no material j
Page 131 and 132: 7) a decision on the costs of the c
Page 133 and 134: (3) The president of the chamber sh
Page 135 and 136: mistakes in writing and calculation
Page 137 and 138: of time. If the appellant fails to
Page 139 and 140: 2) whether there exist circumstance
Page 141 and 142: to notify one or more parties about
Page 143: 2) whether the Criminal Code was vi
Page 147 and 148: (1) The parties and persons whose r
Page 149 and 150: 4) where after a judgement becomes
Page 151 and 152: facts would have led to the applica
Page 153 and 154: had been convicted, the court shall
Page 155 and 156: The Court shall issue a judgement d
Page 157 and 158: (2) If the investigating judge does
Page 159 and 160: Article 442(1) The judge shall summ
Page 161 and 162: (10) If the public prosecutor was n
Page 163 and 164: (2) The accused may file an objecti
Page 165 and 166: 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
Page 171 and 172: (1) The measure referred to in Arti
Page 173 and 174: 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
Page 187 and 188: PROCEDURE FOR INDEMNIFICATION,REHAB
Page 189 and 190: 2) persons who had served a sentenc
Page 191 and 192: (5) The years of social insurance r
Page 193 and 194: prosecution, and after the effectiv
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This law shall enter into force on
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