Decree of the Ministry of Justice No. 104 / 2002 Coll.
Decree of the Ministry of Justice amending Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended
Valid
Order
Effective from 29.03.2002
Text versions:
29.03.2002
104
DECLARATION
Ministry of Justice
of 11 March 2002
amending Decree No. 37 / 1992 of the Ministry of Justice Coll., on Rules of Procedure for District and Regional Courts, as amended
The Ministry of Justice shall determine, pursuant to Article 391a of Act No. 141 / 1961 Coll., on criminal proceedings of judicial (criminal order), as amended, pursuant to § 374 of Act No. 99 / 1963 Coll., Civil Code, as amended, pursuant to § 20 of Act No. 189 / 1994 Coll., on higher judicial officers, pursuant to § 71 (a) of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended by Act No. 105 / 2000 Coll., and pursuant to § 45 (2) of Act No. 6 / 2002 Coll., on Courts, Judges, Admissions and Government of Courts, and on the amendment of certain other laws (Law on Courts and Courts):
Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Decree No. 246 / 1995 Coll., Decree No. 278 / 1996 Coll., Decree No. 234 / 1997 Coll. and Decree No. 482 / 2000 Coll., are amended as follows:
1.
(1) When dividing cases between individual judicial departments in the work schedule, the specialisation of judicial departments shall be ensured in accordance with the law, to the extent that the court is competent at that level in these matters and taking into account the personnel equipment of the court.
(a) in particular in proceedings relating to:
1. adolescents,
2. foreigners,
3. traffic crime,
4. financial and banking crime,
5. military crimes;
(b) in particular in civil matters
1. care for minors,
2. inheritance,
3. personality protection,
4. rental of apartment and non-residential premises,
5. intellectual and industrial property rights,
6. Business,
7. business register,
8. bankruptcy and settlement,
9. the protection of competition,
10. currency and cheques,
11. employment law,
12. Enforcement,
13. with a foreign element;
(c) in the administrative justice sector, in particular in proceedings concerning pension insurance and pension insurance.
(2) The official record of the court shall indicate where the schedule of work is kept in the court and at what time it may be viewed and made into copies and extracts. ';
2. In Article 2a (1), the words "in the designated judicial department 'shall be inserted after the words" Where the case cannot be' and the words "from senior judicial officers' shall be inserted after the words", judicial secretaries or judicial executors'.
3. In Article 2a (2), the words "or of a short-term nature 'shall be inserted after the words" a sudden obstacle' and the words "a senior judicial officer 'shall be inserted after the words" a judicial secretary, a judicial executor or a judicial candidate'.
4. In Article 4, the words ", judicial secretaries, judicial executors' shall be inserted after the words" senior judicial officers'.
5. In Article 5 (1), the words ", judicial secretaries, judicial executors' shall be inserted after the words" senior judicial officers'.
6. In Article 5 (2), the words "the judicial secretary, the judicial executor" shall be inserted after the words "the senior judicial officer."
7. In Paragraph 16 (2), the dot at the end shall be replaced by a semicolon and the following sentence shall be added: "If a decision against which an appeal is admissible is taken, the authorised person shall be instructed to the extent prescribed by law."
8. In Paragraph 20, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The President of the Chamber (self-judge) shall, in order to be able to take part in the proceedings in person, take account of the requirement of a prosecutor who, before filing the indictment, supervised the maintenance of legality in the preparatory proceedings. It shall take due account of the reasoned request of the lawyer. ';
9. In Paragraph 21 (1), the last sentence shall be replaced by the sentence "This circumstance shall be recorded in the record or entered in the phonogram if the record is subsequently taken according to such record. The completeness and clarity of the phonogram shall be taken care of by a senior judicial officer or a reporting official. ';
10. In the second sentence of Article 21 (2), the words' is obliged 'are replaced by' and, where the law so provides, another person responsible for the accuracy and completeness of the protocol shall be obliged '.
11. in footnote 2, the reference to "§ 55" is replaced by "§ 55b."
12. in Paragraph 25 (2), the words "in civil proceedings" shall be inserted after the words "If a participant does not submit."
13. in Article 28b (1), the words "through the holder of a postal licence or through a police authority" shall be replaced by the words "through the court executor, the holder of a postal licence or a police authority."
14. In the first sentence of Paragraph 28c (1), the words "to the wearer or the judicial guard authority or 'shall be replaced by the words" to the wearer, to the judicial guard authority, to the judicial executor or'.
15. in the first sentence of Article 28d (4), "Article 64" is replaced by "Article 64a."
16. In Paragraph 36 (1), the first sentence is: "If the court decides that acceptance of the cash guarantee is admissible, it shall determine the amount and the manner in which it is composed."
17. In Paragraph 36 (2), the first sentence is: "If the defendant is in custody and the court has ruled that the acceptance of a cash guarantee of the amount specified by him is admissible, it shall decide to replace the bond with a cash guarantee and release the defendant from custody immediately after the cash guarantee has been lodged."
18. In the title of Section 38, the words "and the enforcement of the sentence of community service 'are deleted.
19. In the first sentence of Paragraph 38 (1), the words' in the present 'are replaced by' and the court has decided on '.
20. Paragraph 38 (3) is deleted.
21.
Enforcement of the sentence of community service
(1) In the notification of the Regulation on the enforcement of the sentence of general service, the court of the probation officer shall state that, in the context of the exercise of control over the execution of that sentence, the probation officer must have an interim overview of whether the sentenced person carries out the work in accordance with the court's decision on their type and place and what part of the work he has performed. At the same time, he shall request that, where the sentenced community service is not carried out, he shall establish the reason without delay and, according to his nature, in cooperation with the municipal office or institution for which the public service is to be carried out, take corrective measures. In informing the court of the probation officer, the court shall also advise the court that, if it finds a reason for turning the sentence of general service into a custodial sentence, it shall submit a motion in accordance with the criminal rules to the court.
(2) If the court finds that the number of requirements for general service in its district does not correspond to the number of persons legally sentenced to carry out this sentence, it shall inform the probation officer in advance and request him to provide professional assistance to municipalities and public-service institutions in order to seek appropriate work and formulate the requirements for their execution. ';
22. in the first sentence of Article 116a (1), "§ 69, 77, 83" is replaced by "§ 69, 77, 83, 88, 158a, 158d, 179b and 314b."
23. The last sentence of Paragraph 116b (1) reads: "The documents designated by the court shall be delivered to the seat of the court for the period of attainability, unless the President of the Court or the Judge ensuring attainability agree with these authorities another method of service of the documents."
24. in Article 116c (1), the words "the lawyer or the issuing of a search warrant," shall be replaced by the words "the defendant of the defendant, the issuing of a search warrant, the wiretap order and the recording of telecommunications traffic, an urgent or unrepeatable act with the participation of the judge, the monitoring of persons and items which are subject to the authorisation of the judge, the appointment of a lawyer to a suspect in a short-term preparatory procedure or the questioning of a detainee for whom a motion for punishment has been filed;";
25. in Article 116c (1), at the end, after the words "Article 116a" the comma is replaced by a dot and the words "which sets the place and time of the necessary action are deleted."
26. In Article 116c, the following paragraph 4 is added:
"(4) If a Judge is involved in an act carried out pursuant to Rule 158a (3), he shall, after the case has been completed, establish a copy of the record of the act which he requests from the police authority or the public prosecutor carrying out the action. '
This decree shall take effect on the day of its publication.
Minister:
JUDr. Bures v. r.
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Regulation Information
| Citation | Decree No. 104 / 2002 Coll., amending Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2002 |
|---|---|
| Effective from | 29.03.2002 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Securities
Finance
Wages, salaries, wages, compensation
Compensation in labour law
Civil law
Civil law substantive
Civil law of procedure
Commercial law
Trade Register
Labour law
Self-administration
Judicial and Public Prosecutor's Office
Administrative law
Criminal law
Criminal law substantive
Criminal law
Constitutional (state) law
Fundamental human rights
The regulation text is for informational purposes only.
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