Criminal Procedure Code

What is the Criminal Procedure Code, and why is it important?

The Criminal Procedure Code (Act No. 141/1961 Coll.) is a key piece of legislation governing criminal procedure. It regulates the actions of authorities involved in criminal proceedings—namely the police, the prosecution service, and the courts. It sets out how criminal proceedings are initiated, how evidence is gathered, the rights and obligations of the accused, aggrieved persons, and witnesses, and how guilt and sentencing are determined.

This law is crucial not only for those facing criminal charges but also for those seeking justice—whether as aggrieved persons or as witnesses in criminal proceedings. A well-planned defence strategy or a successful claim for damages often depends on a thorough understanding of the rules established by the Criminal Procedure Code.

Structure of the Criminal Procedure Code 

The Criminal Procedure Code is systematically divided into five parts, each regulating different stages of criminal proceedings and related procedural aspects.

1) General Provisions (Section 1–156)

The first part of the Code contains fundamental rules applicable throughout criminal proceedings. It includes:

• Basic principles of criminal procedure – such as the principle of legality, presumption of innocence, and the duty of authorities to investigate both incriminating and exculpatory evidence.
• Powers of law enforcement authorities – defining the competencies of the police, public prosecution, and courts.
• Status of participants in proceedings – outlining the rights and duties of the accused, aggrieved persons, witnesses, and defence counsel.
• Rules on evidence – specifying how evidence is collected and its legal limitations.
• Security measures – regulating pre-trial detention, house searches, seizure of proceeds of crime, and the use of covert investigative techniques.

This section lays down the fundamental procedural framework applicable at all stages of criminal proceedings.

2) Pre-Trial Proceedings (Section 157–179i)

The second part of the Code governs the investigation phase before a case reaches court, covering:

• Criminal investigations – rules for police and prosecution authorities in gathering evidence.
• Commencement of criminal prosecution – conditions under which a person can be formally charged.
• Conclusion of the pre-trial phase – decisions on whether to file an indictment, discontinue proceedings, or apply alternative resolutions.

The pre-trial phase is critical, as the proper collection of evidence and adherence to procedural rules can significantly influence the outcome of the case.

3) Court Proceedings (Section 180–365)

The third part regulates court proceedings from the indictment to the final verdict, including:

• Filing of an indictment and preparation for trial – conditions under which a case proceeds to court.
• Trial hearings – procedures for conducting trials, presenting evidence, and examining witnesses.
• Court decisions – types of judicial rulings, including judgments, orders, and criminal warrants.
• Appeals and other legal remedies – rules for lodging appeals, complaints, and other means of review.
• Conditional discontinuance of prosecution and settlement – alternative ways of resolving criminal cases.
• Proceedings against absconding defendants – special rules for cases where the accused is evading prosecution.
• Execution of sentences and protective measures – rules on imprisonment, probation, financial penalties, and preventive detention.

This section is central to determining guilt and sentencing and includes essential rules on evidence and the protection of rights of both the accused and aggrieved persons.

4) Specific Procedures Related to Criminal Proceedings (Section 366–460zp)

The fourth part includes rules for exceptional situations in criminal proceedings, such as:

• Amnesties and pardons – procedures for implementing presidential decisions on amnesties and individual pardons.

5) Transitional and Final Provisions (Section 461–471)

The final part of the Code contains technical provisions, including:

• Transitional provisions – determining which law applies to cases initiated before legislative amendments.
• Repeal of prior legislation – abolishing older laws and introducing new legal rules.
• Relation to other laws – specifying how the Code interacts with other legal norms.

While this section does not directly impact criminal proceedings, it ensures continuity of the legal framework during legislative changes.

Fundamental principles of criminal proceedings

The Code of Criminal Procedure is based on several key principles that protect the rights of both the accused and aggrieved persons, including:

• Presumption of innocence – no one may be deemed guilty until convicted by a final court decision.
• Right to defence – the accused has the right to legal counsel and active participation in their case.
• Duty to investigate both incriminating and exculpatory evidence – authorities must clarify all facts, including those favouring the accused.
• Prohibition of self-incrimination – no one can be forced to testify against themselves.

The Code divides criminal proceedings into several stages, with the key phases being pre-trial investigation, trial, and appeals. Each phase follows specific rules, and it is crucial to understand what rights and options the accused or aggrieved person has in each.

How is the Criminal Procedure Code applied in practice?

The Code applies to all criminal cases, from the first police action to the final court decision. It dictates what evidence can be used, deadlines for appeals, and conditions for terminating proceedings.

A solid knowledge of procedural rules can be decisive for a successful defence. For example, timely filing of an appeal against an unlawful decision can change the course of the case entirely.

Criminal proceedings are complex, and even a minor procedural mistake can have significant consequences. Therefore, having an expert who understands the system and can use all available legal tools is essential.

Related legislation

The Code of Criminal Procedure is complemented by other procedural regulations governing specific aspects of criminal proceedings, such as:

• Act No. 6/2002 Coll., on Courts and Judges – regulates the judicial system, powers of courts, and the status of judges, including rules on their appointment and disciplinary liability.
• Decree No. 312/1995 Coll., on fixed costs of criminal proceedings – determines the fixed amounts that a convicted person may be required to pay for the costs of criminal proceedings.
• Decree No. 23/2002 Coll., on expert witness fees – specifies fees for expert opinions requested by law enforcement authorities.

These regulations further define procedural rules and impact both the course and financial aspects of criminal proceedings. However, many additional regulations also play a role.