(2) All changes, corrections and amendments shall be entered at the end of the recordand duly certified by the persons signing the record.Article 177(1) Interrogated or questioned persons, persons whose presence is mandatory in theproceedings, as well as parties, defence counsel and the aggrieved party, if they arepresent, are entitled to read the record or to demand that it be read to them. The personconducting the action shall notify them of this right, and it shall be noted in the recordwhether such information was provided and whether the record was read. The recordshall always be read if no recorder was present, which shall also be stated in the record.(2) Interrogated or questioned persons shall sign the record. Where the record consistsof several leaves, the interrogated or questioned person shall sign every leaf. Where aninterrogated or questioned person refuses to sign the record or to leave a fingerprint onit, it shall be so noted in the record, as well as the reasons for the refusal.(3) The interpreter, if any, and witnesses whose presence is mandatory in theperformance of investigatory actions shall sign the record last, and during searches alsothe person who is being searched personally or his abode is being searched. Where therecord is not being made by a recorder (Article 174 paragraph 2), the record shall besigned by the persons attending the action. If there are no such persons, or if they arenot able to understand the contents of the record, the record shall be signed by twowitnesses, except where it is not possible to secure their presence.(4) Instead of a signature illiterate persons shall make a print of the thumb of their righthand, and the record shall sign the person’s first name and surname under the print.Where it is not possible to obtain a print from the right hand thumb, a print of any otherfinger on any hand shall be made, and it shall be noted in the record which finger andwhich hand were concerned.(5) Where the interrogated or questioned person has no hands – he shall read therecord, and if the person is also illiterate – he shall have the record read to him, and thataction shall be noted in the record.(6) If the action could not be completed without an interruption, the time and date of theinterruption shall be noted in the record, as shall the date and time when the action wasresumed.(7) Where there were objections in respect of the contents of the record, the objectionsshall also be entered in the record.(8) The last to sign the record shall be the person who had undertaken the action andthe recorder.Article 178(1) Where it is specified in this Code that a court’s decision cannot be based onstatements made by the accused person, witnesses or expert witnesses, the
investigating judge shall ex officio or acting on a proposal by the parties issue a ruling onthe exclusion of these statements from the files immediately, and no later than theconclusion of the investigation, or the issuance of the consent of the investigating judgefor an indictment to be filed without the conduct of an investigation (Article 244paragraph 1). A special appeal against this ruling is allowed.(2) After the ruling becomes final, the excluded records shall be sealed in a separatecover and kept by the investigating judge apart from the other files, and may not beexamined or used in the proceedings.(3) After the completion of the investigation, and the issuance of the consent for anindictment to be filed without the conduct of an investigation (Article 244 paragraph 1),the investigating judge shall act pursuant to the provisions of paragraphs 1 and 2 of thisArticle also in respect of all information which was within the meaning of Article 235paragraph 2 and Article 226 paragraph 1 of this Code provided to the public prosecutorand the police by citizens, except the record referred to in Article 226 paragraph 9 of thisCode. Where the public prosecutor files an indictment without the conduct of aninvestigation (Article 244 paragraph 6), ha shall deliver files containing such informationto the investigating judge, who shall act in accordance with the provisions of this Article.Article 179(1) The investigating judge may order the conduct of an investigatory action recorded byaudio or video recording equipment. The investigating judge shall previously notifythereof the person being interrogated or questioned.(2) Video recordings may not be made at trials, except where especially permitted forindividual trial hearings by the President of the Supreme Court of Cassation. Whererecording at the trial has been authorised, the chamber may decide on justifiablegrounds that certain parts of the hearing may not be recorded.(3) The recording shall contain the data referred to in Article 175 paragraph 1 of thisCode, data needed to identify the person whose statement is being recorded and dataon the capacity in which that person is being interrogated or questioned. Wherestatements made by several persons are being recorded, the recording shall be made sothat it can be clearly seen from it who gave which statement.(4) At the request of the interrogated or questioned person, the recording shall be playedback immediately, and any corrections and clarifications made by that person shall berecorded.(5) The record of the investigatory action or the trial shall contain the fact that recordingwas made, the identity of the person who made it, that the person being interrogated orquestioned had previously been informed about the recording, that the recording wasplayed back and where it is kept, unless it has been attached to the case file.(6) The investigating judge or the president of the chamber may order the recordingtranscribed in full or in part. In such case the transcript shall be examined, certified andattached to the record on the conduct of the investigatory action.
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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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(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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mistakes in writing and calculation
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of time. If the appellant fails to
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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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(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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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