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criminal sanction would not be fair. In this case the provisions of Article 61 of this Codeshall not be applied.Article 238(1) Before the institution of an investigation, the internal affairs authorities may also seizeobjects pursuant to the provisions of Article 82 of this Code, where there is a danger ofdeferrals, and search the abodes and persons under the conditions specified in Article81 of this Code.(2) Internal affairs authorities are required to promptly return any objects they seized totheir owners or holders, in case criminal proceedings are not initiated, or if within threemonths they do not submit a criminal complaint to the competent public prosecutor.(3) For criminal offences punishable with terms of imprisonment of up to ten years, theinternal affairs authorities may conduct the crime scene inspection and order forensicactivities which may not be delayed, except for autopsies and exhumations of cadavers,if the investigating judge is not able to appear on the scene promptly. Where theinvestigating judge arrives during the crime scene inspection, he may take over themanagement of the activities.(4) The internal affairs authorities or the investigating judge shall promptly notify thepublic prosecutor about the actions referred to in paragraphs 1 to 3 of this Article.Article 239(1) Where the identity of the perpetrator of the criminal offence is not known, the publicprosecutor may propose that the investigating judge perform specific investigatoryactions, if under the circumstances of the case it is necessary or opportune to performthem before initiating an investigation. Where the investigating judge opposes theproposal, he shall ask the chamber (Article 24 paragraph 6) to rule on the matter.(2) Records of all investigatory actions performed shall be submitted to the publicprosecutor.Article 240(1) The investigating judge of the competent court, as well as the investigating judge of acourt of lower instance in whose territory of jurisdiction the criminal offence wascommitted, may before issuing a ruling on the conduct of an investigation performcertain investigatory actions for which there exists a danger of deferrals, but in case shallnotify the competent public prosecutor of everything that was done.(2) The investigatory actions being performed pursuant to paragraph 1 of this Article maybe attended by the public prosecutor acting before the respective court.(3) In respect of issuing summons to the defendant, his defence and interrogation,provisions on issuing summons to, the defence and interrogation of the defendant shallbe applicable.
B. PRELIMINARY PROCEEDINGSChapter XIXTHE INVESTIGATIONArticle 241(1) An investigation shall be instituted against a certain person if reasonable suspicionexists that that person has committed a criminal offence.(2) Evidence and data shall be collected during the investigation that are required fordeciding whether an indictment may be issued or the proceedings discontinued.Evidence shall be collected during the investigation for which there exists a danger that itmight not be possible to adduce that evidence during the trial, or that its adduction wouldbe rendered more difficult, as well as other evidence that might be of benefit to theproceedings, and whose adduction, in view of the circumstances of the case, appearsappropriate.Article 242(1) Investigations shall be conducted on a request of the public prosecutor.(2) Requests for conducting an investigation shall be submitted to the investigating judgeof the competent court.(3) The request shall contain the following: the person data of the suspect, thedescription of the act from which proceed the legal elements of a criminal offence, thelegal designation of the criminal offence, the circumstances leading to reasonable doubtthat the person committed the criminal offence, and the existing evidence.(4) Requests for conducting an investigation may contain proposals for examiningcertain circumstances, for conducting certain actions and for questioning certain personsin connection with certain issues, and the prosecutor may also propose that the suspectbe placed in detention.(5) The public prosecutor shall submit to the investigating judge the criminal complaintand all files and records already undertaken. At the same time the public prosecutorshall may also submit to the investigating judge objects which may serve as evidence, ormay specify the locations of such objects.Article 243(1) When the investigating judge receives a request for conducting an investigation, heshall examine the files and if he agrees with the request, issue a ruling on the conduct ofan investigation which shall contain the data referred to in Article 242 paragraph 3 of thisCode. The ruling shall be delivered to the public prosecutor and the accused.
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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
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 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: (3) Suspects are required to fulfil
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
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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
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