Act No. 56 / 2017 Coll.
Act amending Act No. 45 / 2013 Coll., on Victims of Crime and on the Amendment of Certain Acts (Act on Victims of Crime), as amended by Act No. 77 / 2015 Coll., and other related laws
Valid
Effective from 01.04.2017
56
THE LAW
of 19 January 2017
amending Act No. 45 / 2013 Coll., on victims of crime and amending certain laws (Act on victims of crime), as amended by Act No. 77 / 2015 Coll., and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the law on victims of crime
Act No. 45 / 2013 Coll., on victims of crime and amending certain laws (Act on victims of crime), as amended by Act No. 77 / 2015 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Council Directive 2004 / 80 / EC of 29 April 2004 on the compensation of victims of crime. Directive 2012 / 29 / EU of the European Parliament and of the Council of 25 October 2012 establishing minimum rules for the rights, support and protection of victims of the offence and replacing Council Framework Decision 2001 / 220 / JHA. ';
2. In Article 2 (3), the first sentence is replaced by the sentence "If the victim's death has been caused by a criminal offence, the victim shall be considered to have suffered injury as a relative in the direct, sibling, adopted, adopted, adopted, married or registered partner, species or person who, at the date of his death, provided or was required to provide nutrition."
3. In Article 2 (4) (b), the words "of age or age 'shall be inserted after the words" of purpose', and the words "which, in conjunction with the various obstacles, may impede the full and effective application of that person 'shall be replaced by the words" if, in view of the circumstances of the case and the circumstances of that person, they may impede its full and effective application'.
4. In Article 2 (4), the words "or the offence of terrorist attack (§ 311 of the Criminal Code) 'shall be added at the end of the text in point (c).
5. In Article 2 (4) (d), the words "or a crime involving violence or threat of violence 'shall be replaced by the words" a crime involving coercion, violence or threat of violence, a crime committed to a nation, race, ethnic group, religion, class or other group of persons, or a victim of a crime committed for the benefit of an organised criminal group';
6. In Paragraph 3 (1), the sentence "If there are doubts as to whether the victim is particularly vulnerable, it must be considered particularly vulnerable."
7. in Article 8 (1), the following points (h) and (i) are inserted after point (g):
"(h) to which the nearest asylum homes, intervention centres or other social services providing accommodation services can be contacted,
(i) to which the nearest health service provider may apply for health services, '.
Points (h) to (j) shall be renumbered (j) to (l).
8. Paragraph 8 (3) reads as follows:
"(3) When notifying the victim of facts suggesting that a criminal offence has been committed, the police of the Czech Republic, a police authority or a prosecutor, they shall be required to confirm the receipt of such notification in writing; the prosecutor shall also be obliged to inform the victim in writing and orally, even without a request, within the scope of paragraph 1 (b) to (d). The transmission of a copy of the notification report shall be deemed to confirm receipt of the notification in accordance with the first sentence. ';
9. In Paragraph 8 (4), "(e) to (j) 'is replaced by" (e) to (l)';
10.Paragraph 11 (1) reads as follows:
"(1) At the request of the victim, it shall be provided by the competent law enforcement authority:
(a) information that criminal proceedings have not been initiated;
(b) information on the state of criminal proceedings, except where such information could jeopardise the achievement of the purpose of the criminal proceedings;
(c) information on the action against which the person against whom the proceedings are brought is accused, including his legal capacity;
(d) information on the time and place of the hearing in the proceedings before the court;
(e) a final decision terminating the criminal proceedings. "
11. In Article 11, the words' shall be added at the end of the text of paragraph 6; in such cases, the police authority shall also inform the victim of the measures taken to ensure its safety, provided that such measures have been taken and do not notify them to thwart or complicate their purpose '.
12. Article 12, including the title, reads:
Informing a victim who does not control the Czech language
(1) The victims who declare that they do not control the Czech language are informed of:
(a) in accordance with Articles 8 (1) and (3) and 11 (6), they shall provide it in the language of which the victim declares that he understands it or in the official language of the State of which he is a citizen; and
(b) in accordance with Articles 9, 10 and 11 (1) and (3), they shall provide it in the language of which the victim declares that he understands it or in the official language of the State of which he is a citizen, if possible.
(2) Together with the information referred to in Article 11 (1) (e), the body for which the decision is sought shall provide the victim, at his express request, in the same language as the reasons for the final decision or a brief summary thereof, if the decision is justified; This is not necessary if at least a substantial part of the justification, with the participation of the victim, has been translated into a final decision and is not required in writing to guarantee a fair trial. If the institution whose decision is concerned does not provide such information, it shall decide by order against which complaint is admissible. The provisions of the Code of Criminal Procedure shall apply mutatis mutandis to decisions on failure to provide information and to decisions on complaints under the second sentence.
(3) Upon a reasoned request from a victim who declares that he is not in control of the Czech language, the law enforcement authority which is conducting proceedings at the time of the application shall provide him with a translation of the documents not referred to in paragraph 1, which he shall designate as essential, to the extent necessary for the proper exercise of his rights in criminal proceedings. The translation of the document according to the first sentence shall not be required if the document or a substantial part thereof has been translated with the participation of the victim and is not required to guarantee a fair trial. ';
13.
Method, scope and form of disclosure
The victim should be informed in an understandable manner, taking into account his age, his or her intellectual and free maturity, literacy and health, including mental status; individual information shall be provided to the extent appropriate to its specific needs, taking into account the nature and severity of the offence. The information referred to in Articles 9 and 10 (1) shall be provided in both written and oral form to the victim. The information referred to in Article 10 (2) shall be provided to the victim at least in writing. If the victim declares that he does not want to be informed, the law enforcement authorities shall not provide information unless such information is necessary to properly exercise the rights of the injured party in criminal proceedings. The victim's statement that he does not want to be informed may be withdrawn at any time; The victim must be instructed about that. "
14. footnote 3 reads:
"3) Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended. Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended. Act No. 300 / 2013 Coll., on Military Police and on the amendment of certain laws (Act on Military Police), as amended. Act No. 553 / 1991 Coll., on Municipal Police, as amended. '
15. In Section 17, the words "and those close to them 'shall be inserted after the word" the victim' and the words "the victim 'shall be inserted after the word" the victim'.
16. in Article 17 (1), the words "the victim has" shall be replaced by the words "the victim and the person close to him"; the word "their" shall be inserted after the word "the prevention," the word "the victim" shall be deleted and the word "the victim" shall be inserted after the word "the victim."
17. In Article 20 (2), at the end of the first sentence, the words "in the premises for this purpose adapted or adapted 'shall be added.
18. In Paragraph 28 (1) (c), the words "if the siblings of the deceased are in the sum of CZK 175 000" shall be replaced by the words "if the siblings of the deceased are in the sum of CZK 175 000, less the sum of all the sums already received by the victim for compensation."
19. in Paragraph 28 (1), the words "or (b)" shall be added at the end of the text of point (d).
20. In Paragraph 30, the following paragraph 6 is inserted after paragraph 5:
"(6) The Ministry may issue a new decision on the matter if it is subsequently apparent that the conditions for granting the financial assistance have not been met or the conditions for granting it at the level granted, in particular if the applicant has not complied with the information requirement under Paragraph 31 (5). By issuing a new decision, the original decision shall be revoked. ';
Paragraph 6 shall become paragraph 7.
21. The following Section 32a is inserted after Section 32, which includes the title:
Provision of data from the population base register and the population information system
(1) The Ministry uses the following reference data for the purposes of the procedure for the application for monetary assistance from the population base register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad,
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred shall be used; where a court decision on a declaration of death is given, the date referred to in the decision as the date of death or, where appropriate, the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) The Ministry uses the following data for the purposes of the procedure for the application for financial assistance from the information system for the registration of citizens of the Czech Republic and former state citizens who have lost their citizenship:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) place and district of birth; the place and state where the citizen was born is used for a citizen who was born abroad,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence in the Czech Republic, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served,
h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(i) a residence permit, a place of residence and its duration;
(j) the date of the acquisition of legal power of the decision of the court to approve a contract of assistance or representation of a member of the household, including an indication of the court which approved the contract or representation, the date of the acquisition of legal power of the decision of the court of limitation of incapacity, the name or, where applicable, the name, surname and surname of the guardian, the date of the acquisition of legal power of the decision of the court of revocation of the restriction of incapacity, the date of appeal of the subsidiary of the court and the date of termination of the representation of the representative of the member of the household; the date, place and district of birth of the guardian who was born abroad, the place and state where he was born are not assigned to the guardian; where a legal person is appointed guardian, the name and address of the registered office shall be used;
(k) the name and, where appropriate, the name, surname and birth number of the father, mother or other legal representative; where one of the parents or other legal representative is not assigned a birth number, the name or, where applicable, the names, surnames and date of birth shall be used; where another legal representative of the child is a legal person, the name and address of the registered office shall be used;
(l) the family status, the date, place and district of the marriage, where the marriage was concluded outside the territory of the Czech Republic, the place and state shall be used, the date of the acquisition of legal power of the court's decision to declare the marriage null, the date of the acquisition of the marriage by the death of one of the spouses, or the date of the acquisition of legal power of the court's decision to declare the marriage null and void and the date of the final decision to declare the death, or the date of the death of the spouse or the date of the acquisition of legal power of the court's decision to divorce of the marriage,
(m) the date, place and district of the formation of a registered partnership, where a registered partnership has been established outside the territory of the Czech Republic, the place and state shall be used, the date of the acquisition of the legal power of the court's decision on the invalidity of the registered partnership or the absence of a registered partnership, the date of the death of one of the registered partners, or the date of the acquisition of the legal power of the decision of one of the registered partners for the death of the registered partnership, or the date of the acquisition of the legal power of the decision of the court to revoke the registered partnership;
(n) the name and, where appropriate, the name, surname and birth number of the spouse or registered partner; if the spouse or registered partner is a person who is not assigned a birth number, the name and, where applicable, the surname of the spouse or registered partner and the date of birth,
(o) the name and, where appropriate, the name, surname and birth number of the child; if the child is a stranger who is not assigned a birth number, the name and, where applicable, the name, surname of the child and the date of birth shall be used;
(p) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person's declaration took effect and the date on which the decision of the court on the missing person's declaration was acquired;
(q) date, place and district of death; If a citizen is killed outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred shall be used;
(r) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen did not survive, and the date on which the court's decision on the death declaration was acquired. "
22. in Paragraph 47 (2) (b), the words "the scope of free legal aid" shall be replaced by the words "the number of hours of granting legal aid free of charge per calendar month."
23. In Paragraph 48 (3), at the end of the first sentence, the words "and at the request of the provider, his telephone number, e-mail address or other contact details or the address of his website 'shall be added.
Transitional provision
If a lawyer registered in the register of aid providers to victims of criminal offences is not registered with an indication of the number of hours for which legal aid is granted free of charge for a calendar month pursuant to Article 47 (2) (b) of Act No. 45 / 2013 Coll., as effective from the date of entry into force of this Act, that lawyer must apply for its registration no later than 3 months after the date of entry into force of that law, otherwise the Ministry of Justice shall remove it from the register of aid providers to victims of criminal offences.
Amendment to the Code of Criminal Procedure
Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No. 5, No 5, No 5
1. in Article 51a (1), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
2. In Article 51a (2), the words "and a particularly vulnerable victim under the law on victims of crimes' shall be inserted after the words" 18 years' and the word "mine 'shall be replaced by the word" have'.
3. In Article 103a, the words' shall be added at the end of the text of paragraph 2; in such cases the police authority shall also inform the witness of the measures taken to ensure its safety, provided that such measures have been taken and do not notify them to thwart or to make their purpose difficult '.
4. In Articles 158 (9) and 164 (1), "15 'is replaced by" 18'.
5. in Article 183a (2) and (3) and in Article 215 (2), "15" is replaced by "18."
Amendment of the Social Services Act
In Article 4 of Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 313 / 2013 Coll., Act No. 101 / 2014 Coll. and Act No. 254 / 2014 Coll., paragraph 3 reads:
"(3) The social services referred to in Sections 57, 59 to 63 and 69 shall also be provided to a person who is not mentioned in paragraph 2, provided that he is legally resident in the Czech Republic under special legislation (3). The social services referred to in paragraphs 57, 60 and 69 are also provided to a person who is the victim of a human trafficking or introduction offence (48). The social services referred to in Paragraph 37 shall be provided to a person who is the victim of a criminal offence where he is legally resident in the Czech Republic under special legislation (3), and to a person who is the victim of a criminal offence involving trafficking in human beings or the introduction of a criminal offence. '
Amendment of the Insurance Act
Act No. 277 / 2009 Coll., on Insurance, as amended by Act No. 409 / 2010 Coll., Act No. 188 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 99 / 2013 Coll., Act No. 228 / 2013 Coll., Act No. 241 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 375 / 2015 Coll., Act No. 304 / 2016 Coll., and Act No. 368 / 2016 Coll., is amended as follows:
1. In Article 128 (1) (m), the word "or 'is deleted.
2. In Paragraph 128 (1), the comma at the end of point (n) is replaced by "or '.
3. in Article 128 (1), the following point (o) is inserted after point (n):
"(o) Ministry of Justice for the purpose of proceedings for a request for assistance under the Law on victims of crimes,"
EFFECTIVE
This Act shall enter into force on 1 April 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 56 / 2017 Coll., amending Act No. 45 / 2013 Coll., on Victims of Crime, and amending certain laws (Act on Victims of Crime), as amended by Act No. 77 / 2015 Coll., and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0