(2) Where a forensic audit of books and records of an enterprise, other legal person orentrepreneur requires that the books are first put in order, the costs of this procedureshall be borne by the holder of the books.(3) The authority in charge of the proceedings is responsible for issuing rulings onputting books in order, based on a substantiated written report by the forensicaccountant commissioned to audit the books. The ruling shall designate an amount ofmoney an enterprise, other legal person or entrepreneur shall deposit with the court asan advance payment for the costs of putting in order their books. The ruling is notappealable.(4) After the books are put in order, the authority in charge of the criminal proceedingsshall based on the forensic accountant’s report issue a ruling establishing the trueamount of the costs of the procedure and determining that the amount shall be paid bythe person whose books were being put in order. That person is entitled to appealagainst the ruling in respect of the grounds for issuing the ruling and the amount of thecosts. Rulings on appeals shall be rendered by a chamber of the court of first instance(Article 24 paragraph 6).(5) Unless costs and fees were paid in advance, they shall be collected and transferredto the authority who had previously paid the out to the forensic accountants.Article 132a(1) Photographs or audio and video recordings of actions performed in accordance withthis Code may be used as evidence and the court may base its decision on them.(2) Where audio recordings are used as evidence in criminal proceedings, they must betranscribed and entered in the file of the criminal case.(3) Photographs or audio and video recordings not encompassed by the provision ofparagraph 1 of this Article may be used as evidence in criminal proceedings if theirauthenticity has been established and the possibility excluded of deliberate alterations ofphotographs and video recordings and if the photograph or video recording were madewith the tacit or explicit consent of the suspect or accused person, where his image is onthe photograph or his voice is on the recording.(4) Photographs, audio recording, or audio and video recordings made against thewishes of the suspect of accused person, if his image is on a photograph or his voice ison a recording, may be used as evidence in criminal proceedings if the photograph oraudio or audio and video recording contains another person, or the voice of that person,who tacitly or explicitly agreed to the making of the photograph, audio, or audio andvideo recording.(5) Where photographs, audio recording, or audio and video recordings contain onlyobjects or events or persons who do not have the capacity of suspect or accusedperson, the photographs, audio recording, or audio and video recordings may be usedas evidence, provided they were not the result of the commission of a criminal offence.
(6) Photographs, audio recording, or audio and video recordings made without the tacitor explicit consent of a suspect of accused person but who are in them or whose voice isaudible in them, may be used as evidence in criminal proceedings, if the photographs,audio recording, or audio and video recordings were recorded as part of general securitymeasures undertaken in public areas – streets, squares, parking lots, schoolyards, thecompounds of various institutions and other similar public areas, in public facilities andpremises – buildings housing public authorities, institutions, hospitals, schools, airports,bus and railway stations, sports stadiums and halls and other such public premises andattached open areas, as well as in shops, stores, banks, currency exchange offices,commercial facilities and other similar facilities where recording is regularly performedfor security reasons.(7) Photographs, audio recording, or audio and video recordings made without the tacitor explicit consent of a suspect of accused person but who are in them or whose voice isaudible in them, may be used as evidence in criminal proceedings, if the photographs,audio recording, or audio and video recordings were recorded as part of general securitymeasures undertaken by the holders of dwellings and other premises, or by otherpersons at the instructions of holders of dwellings and other premises, which alsoincludes building compounds and other similar open spaces.(8) Where photographs, audio recording, or audio and video recordings were madepursuant to paragraph 1 and paragraphs 3 to 7 of this Article, parts of photographs orrecordings extracted by appropriate technical processes, as well as photographs madefrom single frames in video recordings, may also be used as evidence in criminalproceedings.(9) Where photographs, audio recording, or audio and video recordings were madepursuant to paragraph 1 and paragraphs 3 to 7 of this Article, sketches or drawingsbased on photographs or video recordings may also be used as evidence in criminalproceedings, provided that they were made to clarify a detail of a photograph orrecording and that the photograph or recording is contained in the evidentiary materials.Chapter VIIIMEASURES TO SECURE THE PRESENCE OFACCUSED PERSONS AND THE UNOBSTRUCTEDCONDUCT OF CRIMINAL PROCEEDINGS1. General provisionsArticle 133(1) Measures which may be undertaken towards accused persons in order to securetheir presence and for the purpose of conducting criminal proceedings withoutobstruction are serving summons, bringing in the accused person, issuance of bans onleaving abodes, ordering bail, and detention.(2) In deciding which measure to apply, the competent court shall abide by therequirements determined for the application of each of the measures and avoid the
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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
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(3) The president of the chamber sh
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mistakes in writing and calculation
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of time. If the appellant fails to
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2) whether there exist circumstance
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to notify one or more parties about
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2) whether the Criminal Code was vi
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(2) If the court of second instance
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(1) The parties and persons whose r
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4) where after a judgement becomes
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facts would have led to the applica
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had been convicted, the court shall
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The Court shall issue a judgement d
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(2) If the investigating judge does
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Article 442(1) The judge shall summ
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(10) If the public prosecutor was n
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(2) The accused may file an objecti
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part of the ruling on a judicial ad
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terrorism (Article 391 of the Crimi
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(3) The measures referred to in par
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(1) The measure referred to in Arti
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measure, a description of the techn
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Article 504n(1) The undercover oper
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(2) The public prosecutor, the pers
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the perpetrator to a health-care in
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he is still so dangerous for his su
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Where confiscation of proceeds from
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(1) Where under the law rehabilitat
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PROCEDURE FOR INDEMNIFICATION,REHAB
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2) persons who had served a sentenc
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(5) The years of social insurance r
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prosecution, and after the effectiv
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This law shall enter into force on