download

More documents

Recommendations

Info

(6) In the cases referred to in paragraphs 4 and 5 of this Article, the chamber ruling onthe appeal shall render and serve a decision within 48 hours.(7) Where a detention order was issued without interrogating the accused person, within48 of depriving the accused person of liberty the court shall act in accordance withArticle 142a paragraphs 1 to 4 of this Code.Article 144(1) The accused person may on the basis of a detention order issued by theinvestigating judge be kept in detention for no more than one month from the date ofbeing deprived of liberty. After that date, the accused person may be kept in detentiononly on the basis on a ruling remanding him in detention for a further period of time.(2) Detention ordered by a chamber (Article 24 paragraph 6) may be extended for nomore than two months. Appeals against the chamber’s ruling may be submitted, but donot stay its execution.(3) Where proceedings concern a criminal offence punishable by a custodial penalty offive years or longer, the chamber of the immediately lower court may, acting on asubstantiated proposal of the investigating judge or public prosecutor, extend detentionby a period not longer than three months. Appeals against the ruling may be submitted,but do not stay its execution.(4) Where no indictment is filed by the expiry of the time limits referred to in paragraphs2 and 3 of this Article, the accused person shall be released from custody.Article 145(1) During the investigation, the investigating judge may repeal the detention order withthe consent of the authorised prosecutor. Where there is agreement of the investigatingjudge and the authorised prosecutor, the investigating judge shall ask the chamber torule thereon, which shall render a decision within 48 hours.(2) Where the detention order is repealed after the expiry of the detention time limit, theruling thereon shall be issued by the investigating judge.Article 146(1) Following the formal indictment and until the conclusion of the trial, decisionsordering, extending or staying detention shall be rendered pursuant to Article 142a ofthis Code.(2) The chamber shall even without motions by parties examine the existence of groundsfor detention and issue orders extending or staying detention, at the expiry of eachperiod of thirty days before the indictment becomes effective, and at the expiry of eachtwo-month period after it has become legally effective.
(3) An appeal against the ruling referred to in paragraphs 1 and 2 of this Article does notstay execution of the ruling.(4) Chamber rulings denying motions to order or stay detention are not appealable.Article 147(1) The police or the court is required to promptly notify of a deprivation of liberty thefamily of the person deprived of liberty, common-law spouse or other person with whomthat person lives in an extramarital or other lasting association, unless the persondeprived of liberty is explicitly opposed to such notification.(2) The police or the court is required to promptly notify the competent bar associationabout a deprivation of liberty of a lawyer.(3) The competent social-care institution shall promptly be notified about a deprivation ofliberty when measures are required for take care of the children and other members ofthe family who are ordinarily in the care of the person deprived of liberty.7. Rules of detentionArticle 148(1) The person and dignity of detainees may not be violated during a period of detention.(2) Only such restrictions as are required to prevent flight, incitement of third persons todestroy, conceal, alter or forge evidence or traces of a criminal offence, or direct andindirect contacts between detainees aimed at exerting influence on witnesses,accomplices and concealers, may be applied against detainees.(3) Persons of different sexes may not be detained in the same room. As a rule, personsreasonably suspected of having taken part in the commission of the same criminaloffence or persons serving a penalty may not be detained in the same room asdetainees. Persons reasonably suspected of being repeat offenders shall if possible notbe detained in the same room as other persons deprived of liberty on whom they couldexert a harmful influence.Article 149(1) Detainees are entitled to an uninterrupted nightly rest period of at least eight hoursevery day.(2) Outdoor activities shall be secured for detainees in a duration of at least two hoursevery day.(3) Detainees are entitled to wear their own clothing, to use their own bedding, and topurchase from their own funds and consume and use food, books, professionalpublications, newspapers, implements for writing and drawing and other items which are
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: as the evidence due to which it was
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 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
show all

download

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

Delete template?

Save as template?