Code of Criminal Procedure (Ukázka, strana 99)

Section 151

Part One:Common Provisions Part One:Common Provisions ďťż

Chapter Eight: The Costs of Criminal Proceedings Section 151 The Costs of Criminal Proceedings Covered by the State (1) The costs necessary to conduct criminal proceedings, including enforcement proceedings, lie with the State; however, it does not cover the costs of the accused, the victim, and the party to an action or the issues caused by the choice of defence counsel or agent.

However, the State bears the costs of necessary defence counsel that the accused incurred due to the submission of the complaint for the breach of the law.

(2) The defence counsel that was appointed to the accused is entitled to the remuneration and reimbursement of cash expenses from the State under a special regulation.2) The claim must be filed within one year from the date on which the defence counsel learned that the duty to defend ended, otherwise the claim expires; the claim of the defence counsel, if they are a payer of value added tax, shall be increased by an amount equal to this tax that the defence counsel is required to pay from the remuneration for the representation and the reimbursement of the cash expenses under a special legal regulation3).

The provisions of the second sentence shall apply even if the defence counsel is a partner in a legal entity established under special legal regulations regulating the practice of defence counsels3a) and the legal entity is the tax payer.

(3) The amount of remuneration and reimbursement of cash expenses shall be decided, upon the petition of the defence counsel, by the law enforcement authority that led the proceedings at the time when the obligation of the defence counsel to defend ended, without undue delay, or within two months from the submission of the petition. In the proceedings before the court, the presiding judge of the court in the first instance shall make the decision. Upon the petition of the defence counsel, the law enforcement authority may take measures to ensure that the defence counsel be granted a reasonable advance payment and reimbursement for the cash expenses before the end of the criminal prosecution, if it is justified by the duration of the criminal prosecution or for some other serious reasons.

(4) A complaint which has a suspensive effect is permissible against the decision under Subsection 3.

(5) The remuneration and reimbursement of the cash expenses must be paid without undue delay after they were granted or within 30 days.

(6) The provisions of Subsection 2 through 5 shall be adequately used during the decision on the amount of remuneration and reimbursement of the cash expenses of the defence counsel chosen by the accused, who has the right to a defence counsel free of charge or a defence counsel for a reduced fee and the appointed agent of the victim.

2)

The Ministry of Justice of the Czech Republic Decree No. 270/1990 Coll., on Remuneration of attorneys and commercial lawyers for providing legal assistance, as amended.

3) Act No. 235/2004 Coll., on Value added tax.

3a) Section 11 Subsection 1 and Section 15 of Act No. 85/1996 Coll., on Defence counsel, as amended.

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Section 151a

Part One:Common Provisions Part One:Common Provisions 

Section 151a (1) The accused who is entitled to a defence counsel free of charge or a defence counsel for a reduced fee, and the victim who is entitled to an appointment of an agent may request that the presiding judge and, in preliminary hearings the public prosecutor decide that the State bears the cost of an expert opinion that the accused or the victim requests. A request cannot be met if such evidence is not obviously necessary to clarify the matter or the same action to establish the same fact had already been claimed by the law enforcement authority.

(2) A complaint against the decision under Subsection 1 is admissible.

Obligations to Reimburse the Costs of Criminal Proceedings Section 152 (1) If the defendant was lawfully convicted, they are required to repay the State a) the costs associated with the execution of custody, b) remuneration and cash expenses paid to the appointed defence counsel by the State, provided they are not entitled to the defence counsel free of charge, c) the costs associated with serving a prison sentence and the execution of punishment by house arrest, and d) a flat amount of other expenses covered by the State.

(2) The daily rate attributable to costs related to the performance of custody and the execution of punishment by house arrest and the method of reimbursement of such costs are determined by the Ministry of Justice by a generally binding legal regulation.

(3) The flat rate referred to in Subsection 1 Paragraph d) is determined by the Ministry of Justice by generally binding legal regulations.

(4) The payment of costs associated with serving a prison sentence is governed by the Act on Enforcement of serving a prison sentence.

Section 152a The receivables incurred by the State due to unpaid costs of the criminal proceedings referred to in Section 152 Subsection 1, which the State covered in the proceedings, do not incur any interest for defaulted payments.

Section 153 (1) Those who submitted an entirely pointless extraordinary appeal or petition for retrial are obligated to repay all costs incurred by the proceedings on such petition back to the State via a flat rate determined by the generally binding legal regulations of the Ministry of Justice.

Furthermore, they are obligated to repay the State the remuneration and any cash costs incurred by the defence counsel if they were appointed one in connection to the petition unless the accused is entitled to the defence counsel free of charge or a defence counsel for a reduced fee.

(2) The obligation for reimbursement, according to Subsection 1 does not affect the public prosecutor and the authority responsible for the care of youth.

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Section 154

Part One:Common Provisions Part One:Common Provisions ďťż

Section 154 The Obligation to Reimburse the Costs of the Victim (1) If the victim was granted their claim for damages or non-material damages in monetary terms or for the surrender of unjust enrichment at least in part, the convicted upon whom was imposed the obligation to pay the damages or non-material damages in monetary terms or the surrender of any unjust enrichment is also obligated to reimburse the victim those costs necessary for the purposeful enforcement of such claim in the criminal proceedings, including costs incurred by taking on an agent.

(2) The court may, depending on the nature and circumstances of the case, decide that the convicted person is ordered to cover the costs of the victim related to the criminal proceedings in whole or in part, even if the victim was not granted a claim for damages or non-material damages in money or for the surrender of any unjust enrichment, even in part upon the petition of the victim.

Deciding on the Obligation to Reimburse the Costs of the Criminal Proceedings and its Amount Section 155 (1) The obligation of the convicted person to reimburse the costs associated with the execution of the custody and the obligation to pay the compensation and cash expenses paid to the state appointed defence counsel [Section 152 Subsection 1 Paragraph a), b)] shall be decided on by the presiding judge of the court in the first instance after the full force and effect of the judgment.

(2) The obligation of the convicted person to reimburse the costs associated with the execution of punishment by house arrest shall be decided after the execution of the punishment or its part by the presiding judge of the court in the first instance.

(3) The obligations of the convicted person to reimburse the costs of the victim required for the efficient claim for damages or non-material damages, or surrenders any unjust enrichment, in criminal proceedings or other costs associated with participation in the criminal proceedings and the amount of reimbursement shall be decided by the presiding judge of the court in the first instance after the full force and effect of the judgment upon the petition of the victim; the claim must be applied within one year after the full force and effect of the final judgment, otherwise it expires.

(4) The obligation of the convicted person to reimburse the costs of the State incurred by the appointment of an agent for the victim and its amount shall be decided by the presiding judge of the court in the first instance after the full force and effect of the final judgment even without the petition.

(5) A complaint, with a suspensive effect, against the decision under Subsection 1 through 4 is permissible.

Section 156 If the costs established by a flat amount [Section 152 Subsection 1 Paragraph d), Section 153 Subsection 1] have not been paid by government duty, the presiding judge of

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