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(2) The judge assigned to the case shall question the convicted person, if he is availableto the court, and conduct the necessary inquiries for the purpose of establishing the factsand collecting evidence of importance for the decision.(3) The president of the chamber shall then schedule a session of the chamber andnotify thereof the prosecutor, the convicted person and the aggrieved. The failure ofparties duly summoned to appear shall not prevent the session from being held.(4) If the court determines that the convicted person has not fulfilled the obligationimposed by the judgement, it shall issue a judgement revoking the conditional sentenceand ordering the pronounced sentence to be executed, or order a new time limit forfulfilment of the obligation, or abolish the condition, or replace the original obligation witha new obligation. If the court finds no grounds for issuing any of the aforesaid decisions,it shall issue a ruling discontinuing proceedings for revoking the conditional sentence.4. Procedure for conditional releaseArticle 522(1) The procedure for conditional release shall be initiated on a petition by the convictedperson.(2) The petition shall be submitted to the court which tried the case in the first instance.(3) The chamber of the first-instance court (Article 24 paragraph 6) shall establish if theperiod prescribed by law for ordering conditional release has passed, and request areport from the administration of the institution where the convicted person is serving aprison sentence about his conduct, performance of work obligations assigned taking intoaccount his capacity for work, and other circumstances which indicate whether thepurpose of the punishment has been accomplished, unless such a report was attachedto the convicted person’s petition.(4) If it does not deny the petition, the chamber shall take a statement from the publicprosecutor acting before that court.(5) Appeals against the chamber’s decision may be submitted both by the publicprosecutor and the convicted person who submitted the petition for conditional release.Chapter XXXIPROCEDURE FOR RENDERING A DECISION ONREHABILITATION, CESSATION OR LEGALCONSEQUENCES OF THE CONVICTION ANDSECURITY MEASURESArticle 523
(1) Where under the law rehabilitation occurs after the expiry of a certain period of time,and provided the convicted person has not committed a new criminal offence (Article 98of the Criminal Code), a ruling on rehabilitation shall ex officio be issued by the authorityresponsible for keeping criminal records.(2) Before issuing a ruling on rehabilitation all necessary checks shall be performed, inparticular data shall be collected on whether criminal proceedings are in progressagainst the convicted person in connection with a new criminal offence committed beforethe expiry of the period prescribed for legal rehabilitation.Article 524(1) If the competent authority does not issue a ruling on rehabilitation, the convictedperson may request that it be established that rehabilitation has occurred by force of law.(2) If the competent authority fails to act on the convicted person’s request within thirtydays of receiving the request, the convicted person may request that the court whichissued the judgement in the first instance issue a ruling on rehabilitation.(3) The chamber referred to in Article 24 paragraph 6 of this Code shall decide on theconvicted person’s request, after taking statement from the public prosecutor.Article 525If a conditional sentence is not revoked one year after the expiry of the probation testingperiod, the court which adjudicated the case in the first instance shall issue a ruling onrehabilitation. The ruling shall be delivered to the convicted person, the public prosecutorand the authority responsible for keeping criminal records.Article 526(1) The procedure of judicial rehabilitation (Article 99 of the Criminal Code) shall beinitiated on a petition by the convicted person.(2) The petition shall be submitted to the court which adjudicated in the case in the firstinstance.(3) The judge assigned to the case shall examine whether the period prescribed by lawhas expired, and then conduct necessary inquiries, determine the facts invoked by thepetitioner and obtain evidence on all circumstances of importance for the decision.(4) The court may ask the internal affairs authority in whose territory the convictedperson stayed after serving the sentence to provide information about his conduct, andmay also seek such a report from the administration of the institution where theconvicted person served his sentence.(5) Following the inquiries, and the taking of a statement from the public prosecutor, thejudge shall deliver the file with a substantiated motion to the chamber of the court whichadjudicated the case in the first instance.
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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
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(2) The president of the chamber sh
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(1) Records of crime scene inspecti
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indictment are not allowed. If the
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1) that the court has no material j
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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 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: Where confiscation of proceeds from
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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