Can I appeal against a sentence or if the defendant is declared not guilty?
You can submit an appeal against the decision of the first instance court concerning the claimed damage. This appeal has to be submitted within eight days from the date of receipt of the decision of the first instance court.
You are not entitled to an appeal if the defendant is declared not guilty. Nor can you appeal against the decision on penalty.
If conditional or provisional release of the offender is decided upon, you do not have the right to submit an appeal against such a decision.
If you do not speak the official language (Czech), you have the right to an interpreter.
You can be represented during this stage by your representative. The representative may be any natural person, attorney or victim support organisation authorised by you. If you have restricted legal capacity because of age or illness, your parent or guardian can represent you. The guardian is appointed by the court. If the conditions for free legal aid are fulfilled the court will appoint an attorney to represent you.
You have access to the criminal proceedings file concerning the merit of the case. You can make excerpts and notes from it, and can have duplicates of the file or parts of it made at your own expense, except any report that contains data on the identity of a protected witness or undercover agent and the data on court voting. Your representative has the same rights as you.
The law does not specify any specific protection for you as a victim at this stage apart from providing information in cases when there is risk of harm if the sentenced person escaped or is released from prison.
Is further appeal possible?
You cannot appeal against the decision of the second court instance. Only the defence lawyer and the prosecution can do this. This extraordinary remedy has to be submitted within 2 months of the day of receiving the final decision.
What rights do I have after the court sentence enters into force?
The law does not regulate your right to access the file on execution of the sentence.
If there is risk of harm to you in conjunction with the release or escape of the offender, you will be informed about the fact that the sentenced person was released from prison or escaped. You need to request such information as soon as such threats of harm occur.
After the offender is sentenced, you need to submit such a request for information on release or escape to the first instant court. The police, prosecution, court or prison will inform you about the release or escape of the offender as soon as this is known.
- Act No. 141/1961 Coll., Criminal Procedure Code (Zákon č. 141/1961 Sb., trestní řád.) – in Czech
- Act No. 40/2009 Coll., Criminal Code (Trestní zákon) – in Czech
- Act No. 209/1997 Coll., on the Provision of Financial Support for the Victims of Criminal Acts (Zákon o odškodňování obětí trestné činnosti) – in English and Czech
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