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(2) If the court does not dismiss the motion, it shall deliver a copy of the motion to theopposing party, which is entitled to submit a response within eight days. When the courtreceives a response to the motion or the time limit expires, the president of the chambershall order an inquiry into the facts and collection of evidence cited in the motion and inthe response to the motion.(3) Following the inquiries, in case of criminal offences prosecutable ex officio, thepresident of the chamber shall order the file delivered to the public prosecutor, who shallwithout delay, and within not more than one month, return it with his opinion.Article 411(1) After the public prosecutor returns the file, the court shall, unles it orders amendedinquiries, based on the results of the inquiries either approve the motion and allowreopening of criminal proceedings, or deny the motion.(2) If the court finds that the reasons for which it allowed reopening of proceedings existin respect of one or more co-defendants who had not submitted motions to reopenproceedings, it shall proceed ex officio as if such a motion existed.(3) In the ruling allowing reopening of criminal proceedings, the court shall order a newtrial scheduled immediately, or return of the matter to the investigation stage, or orderthe conduct of a new investigation, if there one had not been conducted.(4) If the court finds in view of the evidence presented that in a new trial the convictedperson could be convicted to a new penalty of such a duration that including timealready served he would have to be released, or that the defendant could be acquitted,or that the charges could be denied, it shall order the execution of the judgementsuspended or discontinuied.(5) When the ruling allowing reopening of criminal proceedings becomes final, theexecution of the penalty shall be discontinued, but on a motion by the public prosecutorthe court shall order detention, if the requirements referred to in Article 142 of this Codeexist.Article 412(1) The provisions of this Code which applied to the intiail proceedings shall applyaccoridngly to the new proceedings, conducted on the basis of the ruling allowing thereopening of criminal proceedings. In the new proceedings the court is not bound byrulings issued in the initial proceedings.(2) If the new proceedings are discontinued by the commencement of the trial, the courtshall by its ruling discontinuing the proceedings also overturn the earlier judgement.(3) When it renders a judgement in the new proceedings, the court shall declare that theearlier judgement is partially or entirely set aside or that it shall remain in force. The newsentence shall include time served under the intitial penalty, and if the case had beenreopened only in connection with one or more of the offences of which the defendant
had been convicted, the court shall pronounce a new aggregate sentence pursuant tothe provisions of the Criminal Code.(4) In the new proceedings the court shall be bound by the ban prescribed in Article 382of this Code.Article 413(1) Criminal proceedings in which a person was convicted in absentia (Article 304) shallbe reopened irrespective of the conditions prescribed in Article 407 of this Code if theconvicted person and his defence counsel submit a motion for reopening proceedingswithin six months of the date when it became possible to conduct a trial in the presenceof the convicted person.(2) Criminal proceedings in which a person was convicted in absentia shall also bereopened irrespective of the conditions prescribed in Article 407 of this Code if a foreignstate allowed the extradition of the person provided proceedings are reopened.(3) In the ruling allowing reopening of criminal proceedings according to the provisionsog paragraphs 1 and 2 of this Article, The court shall order the indictment served to thedefendant if it had not already been served to him, and it may order the matter returnedto the investigation stage, or order an investigation if one had not been conducted.(4) At the expiry of the time limit referred to in paragraph 1 of this Article, reopening ofproceedings shall be allowed only under the conditions prescribed by Articles 407 and408 of this Code.(5) In rendering a new judgement in proceedings conducted in accordance with theprovisions of paragraphs 1 and 2 of this Article, the court shall be bound by the banprescribed by Article 382 of this Code.Article 414The provisions of this chapter shall be applied accordingly where a motion has beensubmitted for setting aside a final court decision based on a decision of theConstitutional Court setting aside or revoking a regulation pursuant to which a finalconviction had been rendered, as well as when a motion was submitted in connectionwith a violation of the rights of the convicted person in criminal proceedings determinedby a decision of the Constitutional Court of an international court, pursuant to ratifiedinternational agreements, and the violation had influenced the lawful and properrendering of a judgement.Articles 415-418(Erased)3. Motions for the Protection of LegalityArticle 419
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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
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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
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 and 144: 2) whether the Criminal Code was vi
Page 145 and 146: (2) If the court of second instance
Page 147 and 148: (1) The parties and persons whose r
Page 149 and 150: 4) where after a judgement becomes
Page 151: facts would have led to the applica
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
Page 195 and 196: This law shall enter into force on
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