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Where the law was violated, the competent public prosecutor may submit motions for theprotection of legality against final court decisions and against judicial proceedingspreceding the final decisions.Article 420Decisions on motions for the protection of legality shall be rendered by a courtdetermined by the law.Article 421Decisions on motions for the protection of legality shall be submitted by the publicprosecutor determined by the law.Article 422(1) The court shall rule on motions for the protection of legality in chamber.(2) Before the case is presented for adjudication, a judge designated as rapporteur shalldeliver a copy of the motion to the accused and the defence counsel, and may asneeded obtain information about the presumed violations of the law.(3) The public prosecutor shall always be notified about the hearing, and the accusedand his defence counsel, if the motion was submitted to the detriment of the accused,ensuring the presence of the convicted person (Article 375 paragraph 2).(4) The court with the jurisdiction to decide on motions for the protection of legality may,Taking into consideration the contents of the motion, order the execution of a finaljudgment to be suspended or discontinued.(5) The court with the jurisdiction to decide on motions for the protection of legality isrequired to deliver its decision with the case file to a court of first instance or a highercourt no later than four months from the date of submission of the motion.Article 423(1) In decision on motions for the protection of legality the court shall limit itself toexamination of the violations of the law cited by the public prosecutor in the motion.(2) If the court finds that the reasons for ruling in favour of the convicted person alsoexist in respect of one or more co-defendants for whom no motion for the protection oflegality had been filed, it shall proceed ex officio as if such a motion existed.(3) If the motion for the protection of legality was submitted in favour of the convictedperson, in its decisions the court shall be bound by the ban prescribed by Article 382 ofthis Code.Article 424
The Court shall issue a judgement denying a motion for the protection of legality asunfounded if it determines that no violation of the law cited by the public prosecutor in hismotion exists.Article 425(1) Where a court finds that a motion for the protection of legality is well-founded, it shallrender a judgement by which it shall, according to the nature of the violation, eitherreverse a final decision, or partially or entirely set aside decisions issued by first-instanceor higher courts, or only a decision of the higher court, and return to the case to a courtof first instance or higher court for a new decision or a new trial, or limit itself todetermining that a violation of the law did exist.(2) If the motion for the protection of legality was submitted to the detriment of theaccused, and the court finds it well-founded, it shall only determine that a violation of thelaw did exist, without infringing on the final judgement.(3) If under the provisions of this law a court of second instance was not authorised torectify a violation of the law made in the first-instance decision or in the judicialprocedure which had preceded it, and the court deciding on a motion for the protectionof legality submitted in favour of the accused finds that the motion is well-founded andthat in order to rectify the violation of the law the first-instance decision should be setaside or reversed, it shall also set aside or reverse the second-instance decision,although no violation of the law had been made by it.Article 426If in deciding on a motion for the protection of legality submitted in favour of the accusedsubstantial doubt appears in respect of the veracity of the decisive facts determined inthe decision against which the motion was submitted, on account of which it is notpossible to decide on the motion for the protection of legality, the court shall by thejudgement by which it is deciding on the motion for the protection of legality set asidethat decision and order a new trial to be held before the same or another first-instancecourt with the same material jurisdiction.Article 427(1) Where a final judgement was set aside and the case remanded for retrial, theprevious indictment or the part of it which refers to the part of the judgement set asideshall be the basis for the new trial.(2) The court is required to conduct all procedural actions and to discus all questionsindicated by the court which decided on the motion.(3) The parties may present new facts and new evidence before the first-instance orsecond-instance court.(4) In rendering a new decision the court is bound by the ban prescribed by Article 382of this Code.
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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
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(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 and 152: facts would have led to the applica
Page 153: had been convicted, the court shall
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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