download

More documents

Recommendations

Info

(1) Motions for asserting indemnification claims in criminal proceedings may besubmitted by persons authorised to realise such claims in civil litigation.(2) Where damage occurs due to the commission of a criminal offence to state-owned orsocially-owned assets, the authority authorised by law to look after the protection of suchassets may participate in criminal proceedings in accordance with the powers hepossesses under that statute.Article 203(1) Motions for asserting an indemnification claim in criminal proceedings shall besubmitted to the authority to whom the criminal complaint was submitted or to the courtconducting the proceedings.(2) Motions may be submitted no later than the conclusion of the trial before a court offirst instance.(3) Persons authorised to file the motion shall specify the claim and submit supportingevidence.(4) Where authorised persons have not submitted motions for asserting indemnificationclaims in criminal proceedings by the issuance of the indictment, they shall be notifiedthat they are entitled to file such claims by the end of the trial. Where the criminaloffence resulted in damage to state-owned, or socially-owned assets, and no motion hasbeen filed, the court shall notify thereof the authority referred to in Article 202 paragraph2 of this Code.Article 204(1) Authorised persons (Article 202) may until the conclusion of the trial withdraw theirmotions for asserting indemnification claims in criminal proceedings and assert them incivil litigation. Where such a motion has been withdraw, it may not be submitted again.(2) Where an indemnification claim has after the filing of the motion and before theconclusion of the trial been transferred to another person, pursuant to the rules ofproperty law, the said person shall be summoned to declare himself on whether he stillintended to pursue his claim. Where a duly summoned persons fails to appear, it shallbe deemed that her has abandoned his action.Article 205(1) The court conducting the proceedings shall question the accused person on the factsspecified in the motion and explore the circumstances for determining theindemnification claim. The court is required to collect necessary evidence and exploreactions necessary for deciding on the motion even before such a motion has been filed.(2) Where exploration of indemnification claims would substantially prolong criminalproceedings, the court shall limit itself to the collection of facts whose establishmentwould not be possible at a later date, or would be much more difficult.
Article 206(1) Indemnification claims shall be decided by courts.(2) In a judgement convicting the accused person, the court may satisfy the authorisedperson’s property law in full, or in part, and refer the authorised person to civil litigationfor the remainder. Where the data of criminal proceedings provide no reliable basis forfull or partial adjudication, the court shall direct the authorised person to assert hisindemnification claim in full in civil litigation.(3) Where a court acquits the accused person of charges, or issues a judgementdismissing the charges, or issues a ruling discontinuing the criminal proceedings, it shalldirect aggrieved parties to pursue their indemnification claims in civil litigation.(4) Where a court declares itself incompetent for conducting criminal proceedings, itshall direct authorised persons to file their indemnification claims in the criminalproceedings which will be instituted or continued by a competent court.Article 207Where indemnification claims concern recovery of objects, and the court determines thatan object is the property of an aggrieved party and is currently held by the accusedperson or another participant in the criminal offence or a person to whom they had givenit for safekeeping, in its judgement the court shall order the object handed over to theaggrieved party.Article 208Where indemnification claims relate to annulment of certain legal transactions, and thecourt finds a claim justified, it shall pronounce in its judgement a full of partial annulmentof that legal transaction, with the consequences deriving therefrom, without affecting therights of third parties.Article 209(1) Courts may alter final judgements in criminal proceedings in which it was decided onan indemnification claim only in connection with the reopening of criminal proceedings, arequest to protect legality or a request for examining the legality of the final judgement.(2) Except for the case referred to in paragraph 1 of this Article, accused persons or theirheirs may only demand in civil litigation the alteration of a final judgement of a criminalcourt in which an indemnification claim was decided, and if there exist the necessarycircumstances for reopening the proceedings according to the provisions applying to civillitigation.Article 210(1) On a motion of authorised persons (Article 202), temporary measures for securingindemnification claims arising out of the commission of a criminal offence may be
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: (5) Where a court finds it does not
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?