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3. Special Measures of Law Enforcement Authorities for Detecting andProving Criminal Offences referred to in Article 504a paragraph 3 of thisCode1) Undercover operativesArticle 504m(1) The investigating judge may, at the request of the public prosecutor, order theengagement of an undercover operative where there exist grounds for suspicion that acriminal offence referred to in Article 504a paragraph 3 of this Code has beencommitted, if it would not be possible to collect evidence for criminal prosecution inanother way or their collection would be very difficult.(2) The measure referred to in paragraph 1 of this Article may exceptionally be orderedalso where there exist grounds for suspicion that one of the criminal offences referred toin Article 504a paragraph 3 of this Code is being prepared, and the circumstances of thecase indicate that it would not be possible to detect, prevent or prove the criminaloffence in another way, or it could cause disproportionate difficulties or a great danger.(3) A written and substantiated order of the investigating judge ordering the measurereferred to in paragraph 1 of this Article shall contain data about the persons and thegroup against whom it is being implemented, a description of possible criminal offences,the type, scope, location and duration of the measure.(4) An undercover operative using an alias or a code-name shall be designated by theminister responsible for internal affairs, the director of the Security and InformationAgency, or the director of the Military Security Agency, or a person duly authorised bythem.(5) As a rule, the undercover operative shall be an authorised official of the internalaffairs authority, the Security and Information Agency, or the Military Security Agency,and if the circumstances of the case so require, another duly trained person, who mayon condition of reciprocity also be a foreign national.(6) The undercover operative may not be a person subject to ongoing criminalproceedings or a person convicted of a criminal offence prosecutable ex officio, or aperson for whom there exist grounds for suspicion of being a member of an organisedcriminal group.(7) The duration of the measure referred to in paragraph 1 of this Article shall be as longas it is needed to collect evidence, but not longer than one year. Acting on asubstantiated proposal of the public prosecutor, the investigating judge may extend theduration of the measure by another six months at most.(8) During the implementation of the measure referred to in paragraph 1 of this Article,for the purpose of protecting the identity of the undercover operative, the competentauthorities may alter data in data bases and issue personal identification documents withaltered data for the purpose of protecting the identity of the undercover operative and theimplementation of the measure. These data are considered official secrets.
Article 504n(1) The undercover operative may on the basis of an order issued by the investigatingjudge use technical means of recording conversations, photographic equipment orequipment for audio and video recording.(2) The undercover operative shall submit periodic reports for the duration of themeasure to his immediate superior. By exception, reports shall not be submitted if itwould threaten the security of the undercover operative or other persons.(3) After the measure is terminated, the superior officer referred to in paragraph 2 of thisArticle is required to submit a report to the investigating judge and the public prosecutor.The report shall contain the following: the time of commencing and terminating themeasure, the code-name or alias of the undercover operative, a description of theprocedures applied and the technical equipment used, data on the number and identitiesencompassed by the measure, and a description of the results achieved.(4) With the report referred to in paragraph 3 of this Article, photographs, audio andvideo recordings, collected documentation and all evidence collected by theimplementation of the measure shall be delivered to the public prosecutor.(5) Inciting others to commit criminal offences by the undercover operative is prohibitedand punishable.Article 504nj(1) Exceptionally, an undercover operative may be examined as a witness in criminalproceedings under an alias or code-name. The questioning shall be performed withoutrevealing the identity of the undercover operative to the parties. The identity of theundercover operative shall be established by the court immediately prior to hisexamination on the basis of a statement given by the superior officer referred to in Article504n paragraph 2 of this Code. Data on the undercover operative being examined as awitness shall be deemed an official secret. The undercover operative shall bequestioned pursuant of the rules on questioning cooperating witnesses. Undercoveroperatives shall be summoned through their superiors referred to in Article 504nparagraph 2 of this Code.(2) The decision of a court cannot be based solely on the testimony of an undercoveroperative.(3) If by the implementation of the measure referred to in Article 504m paragraph 1 ofthis Code the collected material is related to a criminal offence that has not beenincluded in the order of Investigation Judge referred to in Article 504m paragraph 3 ofthis Code, such material can be used in criminal proceedings only if it is related to acriminal offence that is one of criminal offences referred to in Article 504a paragraph 3 ofthis Code.2) Cooperating witnesses
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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
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Article 280(1) Decisions of the cha
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(4) In the agreement on the admissi
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(3) Rulings on appeals referred to
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(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
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 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: measure, a description of the techn
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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