download

More documents

Recommendations

Info

(4) If a new criminal offence by the cooperating witness specified in Article 504aparagraph 3 of this Code is uncovered during the proceedings, the public prosecutormay proceed in accordance with the provisions of Articles 504o and 504p of this Code.(5) Apart from the duty to tell the truth and exclude nothing he knows about the case ontrial, the cooperating witnesses is entitled to the same rights to which the accused isentitled under this Law.Article 504ć(1) The public prosecutor may propose to the court as a witness a person with a finalconviction in connection with a criminal offence referred to in Article 504a paragraph 3 ofthis Code, provided that the significance of his testimony for detecting, proving orpreventing criminal offences referred to in Article 504a paragraph 3 of this Codeoutweighs the consequences of the criminal offence of which he was convicted.(2) The person referred to in paragraph 1 of this Article cannot be a person with a finalconviction as the organiser of an organised criminal group or a person with a finalconviction to serve a term of imprisonment of forty years.(3) If the court finds that the witness referred to in paragraph 1 of this Article providedtestimony in accordance with the obligations referred to in Article 504p of this Code, thepublic prosecutor shall after the conclusion of the proceedings with a final convictionsubmit a request pursuant to Article 405a of this Code.(4) Provisions on the examination of cooperating witnesses shall apply accordingly to theexamination of the witnesses referred to in paragraph 1 of this Article.Part ThreeSPECIAL PROCEEDINGSChapter XXXPROCEEDINGS FOR THE IMPLEMENTATION OFSECURITY MEASURES, CONFISCATION OFPROCEEDS FROM CRIME, REVOCATION OFCONDITIONAL SENTENCES AND CONDITIONALRELEASE1. Proceedings for implementation of security measuresArticle 505(1) Where an accused person commits an offence specified by law as a criminal offencein a state of mental incapacity, the public prosecutor shall submit a motion with the courtto impose a security measure of compulsory psychiatric treatment and confinement of
the perpetrator to a health-care institution, or a motion for compulsory psychiatrictreatment as an outpatient, if the requirements determined by the Criminal Code forpronouncing such a measure exist.(2) In such case an accused person who is in detention shall not be released but shalluntil the completion of the proceedings for the implementation of a security measure betemporarily confined in an appropriate health-care institution or other suitable premises.(3) Besides the grounds referred to in Article 142 of this Code, accused persons who areat large may be ordered placed in detention if there is a justifiable danger of thecommission of a criminal offence owing to mental incapacity. Before ordering detention,the court shall obtain the opinion of an expert witness. After the decision on detention isissued, the accused shall until the completion of the proceedings for implementation of asecurity measure be placed in an appropriate health-care institution or premises whichare suitable for the state of his health.(4) Following the motion referred to in paragraph 1 of this Article, the accused is requiredto have a defence counsel.Article 506(1) The court which has jurisdiction to try the case in the first instance shall rule afterholding a trial on the implementation of the security measure of compulsory psychiatrictreatment and confinement in a health-care institution or compulsory psychiatrictreatment as an outpatient.(2) Besides the persons who are required to be summoned to the trial, psychiatrists fromthe health-care institution where the accused was examined shall be summoned toprovide testimony as expert witnesses. The accused shall be summoned if his healthpermits him to attend the trial. The spouse of the accused and his parents, or guardian,and according to the circumstances also other close relatives, shall also be summonedto the trial.(3) If the court, based on evidence presented, determines that the defendant hascommitted a criminal offence and that at the time of the commission he was mentallyincapable, it shall decide, based on testimonies of summoned persons and findings andopinions of expert witnesses, whether to impose on the defendant a security measure ofcompulsory psychiatric treatment and confinement to a health-care institution orcompulsory psychiatric treatment as an outpatient. When deciding which of whichsecurity measure to impose, the court shall not be bound by the motion of the PublicProsecutor.(4) If the court finds that the accused was not mentally incapable, it shall discontinue theproceedings for implementation of a security measure.(5) All persons entitled to file appeals against a court judgement (Article 364) mayappeal against the ruling within eight days of the date of receiving the ruling, except theaggrieved.
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 and 10:
If it cannot be determined under th
Page 11 and 12:
(1) If a court to which a case has
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
Page 63 and 64:
(1) A record shall be kept of every
Page 65 and 66:
investigating judge shall ex offici
Page 67 and 68:
(4) Accused persons in detention ma
Page 69 and 70:
(2) The costs of criminal proceedin
Page 71 and 72:
criminally prosecutable ex officio,
Page 73 and 74:
(5) Where a court finds it does not
Page 75 and 76:
Article 206(1) Indemnification clai
Page 77 and 78:
(1) Where the application of crimin
Page 79 and 80:
5) Convicted persons, accused perso
Page 81 and 82:
(3) Collection of information from
Page 83 and 84:
(5) If during the interrogation the
Page 85 and 86:
(1) The public prosecutor may reque
Page 87 and 88:
(3) Suspects are required to fulfil
Page 89 and 90:
B. PRELIMINARY PROCEEDINGSChapter X
Page 91 and 92:
(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 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 and 174: measure, a description of the techn
Page 175 and 176: Article 504n(1) The undercover oper
Page 177: (2) The public prosecutor, the pers
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
show all

download

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?