Criminal Procedure Code Amendment Changes Benefits for Cooperating Defendants

Bratislava, 6 May (TASR) - The current philosophy of granting benefits to cooperating defendants during pre-trial proceedings is to be shifted towards the judicial phase of criminal proceedings where benefits could be granted only after filing an indictment or a plea bargain proposal, according to a Justice Ministry-sponsored proposal for an amendment to the Code of Criminal Procedure, which was approved by the cabinet on Wednesday, with the proposed effective date on 1 November 2026. "The purpose of the proposed legislation is to strengthen the effectiveness in detecting and proving the most serious forms of criminal activity, particularly organised crime, corruption, terrorism and wilful acts of violence, by refining the substantive benefits for perpetrators who participate in clarifying such crimes," stated the ministry in its explanatory report. According to the ministry, the link between the granted benefits and the specific contribution of the cooperating person will be strengthened. "The proposed regulation also removes application ambiguities in assessing the conditions for granting such benefits and creates a more uniform framework for decision-making by courts," added the ministry. Following the change in the granting of benefits, the definition of a "cooperating person" will be adjusted accordingly. In addition to the Czech legislation, the ministry also drew inspiration from the Italian model, introducing a 180-day obligation for cooperating defendants, who have been granted or promised benefits, to testify fully and truthfully about any criminal activity committed by them or by other persons, if they are aware of it. Within this period, cooperating defendants will also be obliged to surrender the proceeds of their criminal activity or identify assets in their possession that constitute such proceeds. This is intended to prevent cases where law enforcement authorities allow using illegally obtained assets as a form of benefit. According to the ministry, the period of 180 days is sufficient for a cooperating defendant to recall all essential facts. Simultaneously, the procedure for recording such testimonies will be updated to prevent subsequent manipulation. The amendment also addresses the consequences of a cooperating defendant's failure to comply with the conditions for cooperation. Under applicable legislation, there is no legal entitlement to the benefits that were promised or granted, and both parties are required to act in good faith. "However, if a cooperating defendant has violated the conditions for cooperation, it was basically up to the prosecutor to determine the severity of such a violation and decide whether to draw consequences against the cooperating defendant," explained the ministry. Furthermore, cooperating defendants must not commit another intentional crime within three years. Such a crime is not considered a breach of the conditions for cooperation if its severity is clearly negligible compared to the crime they're helping to clarify. jrg