PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

commission of Art. 17 of the Law on Execution of Punishments shall be mandatory.
(3) The attendance of the convicted shall be mandatory.
(4) After the gathering and the check of the evidence are completed, the Court shall give the
floor to the body, which has made the proposal.
(5) The prosecutor shall give a conclusion, if the proposal does not come from him/her.
(6) The convicted shall speak last.
Determination by the Court
Art. 440. (1) The Court shall rule by a reasoned determination.
(2) Against the determination by the Court, the prosecutor shall be entitled to submit a
challenge which shall be considered under the procedure of Chapter Twenty Two.
New proposal
Art. 441. If the Court does not grant the proposal under Art. 437, a new proposal may be made
no earlier than three months after the day of pronouncing the determination.
Court which shall rule on serving the remainder of the punishment
Art. 442. Where the conditionally released person commits a new offence during the
probationary period, the issues referred to in Art. 70, Para. 7 and 8 shall be decided by the Court, within
the cognisance of which falls the case on the new offence.
Section II.
Cancellation of Taking into Consideration Working Days
Proposal for cancellation
Art. 443. A proposal for cancellation of taking into consideration working days upon
imprisonment under Art. 41, paras 4 and 5 of the Penal Code may make:
1. the district prosecutor in the place of execution of the punishment;
2. the warden.
Consideration of the proposal
Art. 444. (1) The proposal shall be heard by the District Court in the place of serving the term
of imprisonment in a body of a judge and two Court jurors.
(2) The determination by the Court shall be subject to appeal within seven-day period from
pronouncing it, under the procedure of Chapter Twenty Two.
(3) If the appellate instance cancels the determination, it shall decide the case.
(4) 3) To the extent, to which there are no special rules in this section, the rules of Section I of
this Chapter shall apply.
Section III.
Substitution of the Regime of Serving the Term of Imprisonment for a Heavier One
Proposal for substitution
Art. 445. The proposals for substitution of the regime of serving the term of imprisonment for a
heavier one than that determined by the Court, may be made by:
1. the district prosecutor in the place of punishment;
2. the warden of the prison or of the reformatory institution.
3. a monitoring commission in the place of execution of the punishment.