Act No. 121 / 2008 Coll.
Law on higher judicial officials and senior officials of the Public Prosecutor's Office and on the amendment of related laws
Valid
Law
Effective from 01.07.2008
Zobrazeno prvních 200 z celkem 243 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
121
THE LAW
of 19 March 2008
on senior judicial officers and senior civil servants and amending related laws
Parliament has decided on this law of the Czech Republic:
HIGH COURT OFFICIALS AND HIGH OFFICIALS OF STATE REPRESENTATIVES
BASIC PROVISIONS
(1) The senior judicial officer shall be entitled to carry out, to the extent provided for by this or by a special law, the acts of the court entrusted to him in civil proceedings, administrative proceedings, criminal proceedings and other activities of the court.
(2) The senior public prosecutor shall be entitled to carry out, to the extent provided for by this or by a special law, the acts entrusted to him in criminal proceedings in the division of the non-criminal jurisdiction of the public prosecutor and to participate in other activities of the public prosecutor.
(1) The higher court officer may be a citizen of the Czech Republic who is righteous and has successfully completed his studies of senior judicial officers. Completed university education by graduating from the Bachelor's or Master's Law Programme in the field of higher education or successfully completed studies of senior prosecutors shall replace the study of senior judicial officers.
(2) A citizen of the Czech Republic may be the senior official of the Public Prosecutor's Office, who is impeccable and successfully completed his studies of senior civil servants. Completed university education by graduating from the Bachelor's or Master's Law Programme in the field of higher education or successfully completed studies of senior judicial officers shall replace the study of senior officials of the Prosecutor's Office.
(3) For the purposes of this Act, those who have been convicted of a criminal offence committed negligently for conduct relating to the performance of a work in a court or public prosecutor's office or for an offence committed intentionally shall not be considered to be lawful unless they are treated as if they had not been convicted under a specific law or decision of the President of the Republic.
A senior judicial officer and a senior official of the Prosecutor's Office shall be required to pursue his activities in accordance with the law and with the instructions given to him by the competent President of the Chamber or by a single judge (hereinafter referred to as the President of the Chamber) or by the Prosecutor.
SCOPE OF THE ACTIVITIES OF HIGH COURT OFFICERS
(1) The senior judicial officer shall carry out the proceedings of the court within the judicial department to which he has been assigned on the basis of a work schedule (1).
(2) The schedule of work determines in which cases, the types of proceedings and in which activities of the court the senior judicial officer carries out individual acts by delegation or without authorization by the President of the Chamber, and which the President of the Chamber is entitled to delegate.
The President of the Chamber shall be authorised to instruct the senior judicial officer in writing how the action is to be carried out. The mandate to carry out an individual act and the order of the President of the Chamber shall be binding on the senior judicial officer and the President of the Chamber shall ensure that the action is carried out in a proper and timely manner.
(1) A senior judicial officer shall be excluded from carrying out an act of the court for similar reasons provided for in special law 2) for the exclusion of a judge. Once the senior judicial officer becomes aware of the facts for which he may be excluded, he shall immediately notify the President of the Chamber. In proceedings, until such time as the decision on exclusion is taken, it may only take such action which cannot be deferred.
(2) The President of the Chamber shall decide to exclude a senior judicial officer; no appeal is admissible against that decision.
(3) Where it has been decided that a senior judicial officer is excluded, the President of the Court shall designate another senior judicial officer in his place.
A senior judicial officer shall bring the matter before the President of the Chamber if:
(a) the case is a matter of legal or factual complexity; or
(b) an act which the senior judicial officer is not entitled to carry out shall be carried out.
The President of the Chamber shall withdraw the case from the superior judicial officer and shall deal with it in his own capacity if the matter is of legal or factual complexity.
(1) An appeal may be brought against a decision given by a senior judicial officer in civil proceedings under the same conditions as against the decision of the President of the Chamber. However, the appeal lodged shall first be submitted to the President of the Chamber, who shall decide on it if he considers that it is to be entirely met. The decision of the President of the Chamber shall be deemed to be a decision of the Court of First Instance and may be challenged by appeal.
(2) A decision given by a senior judicial officer in civil proceedings or administrative proceedings against which no appeal, opposition or objection may be brought under civil law may be objected to by the party within 15 days of the date of receipt of his written copy. New facts or evidence cannot be invoked in the objections. Such objections shall be decided by the President of the Chamber, who shall confirm or amend the decision given by the senior judicial officer without hearing. An appeal shall not be admissible against a decision of the President of the Senate on objections, refusal of objections or termination of opposition proceedings. The decision delivered by a senior judicial officer, against whom it is no longer possible to object, is in legal power. Unless otherwise provided for in this law, the provisions governing appeals under the Civil Code shall apply mutatis mutandis to opposition proceedings.
(3) A decision given by a senior judicial officer in criminal proceedings may be brought against a complaint under the conditions laid down in the Criminal Procedure Act. If a complaint is lodged against a decision taken by a senior judicial officer, the President of the Chamber may fully comply with it.
A senior judicial officer in civil proceedings and administrative proceedings may, save as otherwise provided in a special law, carry out all acts of the Court of First Instance, except:
(a) conduct negotiations on the substance of the matter;
(b) the judgment in the case itself in the form of a judgment;
(c) ruling on the substance of the case in the form of a resolution in proceedings under the Civil Code, the Rules of Procedure of the Administrative and Law governing specific proceedings other than those of the Court of Justice,
1. hiding procedures;
2. instrument amortisation proceedings;
3. matters concerning the determination of paternity by a declaration of agreement;
4. Proceedings concerning the custody of minors and the custody of persons restricted to their own right or persons having jurisdiction, persons who are not known to be resident, unknown persons and persons whose health is causing them difficulties in managing property or defending rights in which no hearing has been ordered,
5. proceedings concerning public registers of legal and natural persons and the insolvency register in which no hearing has been ordered;
6. proceedings concerning the registration of beneficial owners,
(d) decision on the interim measure and on the interim arrangements for the child;
(e) decision-making on the enforcement of decisions by the administration of real estate, the sale of real estate, the disability of a business establishment or the establishment of a judicial lien;
(f) the decision on the regulation of the enforcement of decisions by withholding wages, ordering claims or selling movable property in the proceedings in which the proceedings were ordered;
(g) the decision on the regulation of the enforcement of a decision or of the delegation of a judicial executor and the ordering of an execution to obtain cash performance, where the enforcement title is the executive record or notary record, including the decision to suspend the enforcement of a decision, if the application has not been lodged by a legitimate or judicial executor, or if an appeal has been lodged against the application;
(h) deciding to satisfy the rights of non-cash performance;
(i) decision-making on the regulation of the enforcement of decisions on the care of minors, with the exception of maintenance;
(j) certification of the European Enforcement Order;
(k) ruling on the suspensive effect of an action in administrative proceedings;
(l) cases where the act of special law is expressly entrusted to the judge,
(m) proceedings and decisions in insolvency proceedings
1. the provisions of the insolvency administrator;
2. Withdrawal of the insolvency administrator from office,
3. exemption from the function of insolvency administrator;
4. the annulment of the resolution of the creditors' meeting,
5. The provisions of the provisional creditor committee,
6. Decisions and measures taken in the execution of decisions or execution in breach of restrictions under the insolvency law;
7. a proposal for a regulation of an interim measure limiting the debtor's right to dispose of the property;
8. Proposal for a Moratorium,
9. That the debtor is bankrupt,
10. rejection of the insolvency proposal;
11. the abolition of bankruptcy,
12. declaration of bankruptcy and cancellation;
13. approval of the final report and the timetable resolution;
14. authorisation of the reorganisation, approval of the reorganisation plan and its amendments and conversion of the reorganisation into bankruptcy,
15. the approval of the debt relief and its amendments, the granting of an exemption from payment of debts included in the debt relief and the withdrawal of such an exemption and the cancellation of the debt relief;
16. closure of the debtor's business establishment,
17.
n) processing of requests with foreign countries, outside the Slovak Republic,
(o) negotiations and decisions in the restructuring procedure
1. the appointment of a restructuring trustee;
2. the withdrawal of the restructuring trustee from office,
3. termination of the function of the restructuring trustee;
4. the proposal for a general moratorium,
5th motion to declare an individual moratorium,
6. a proposal to carry out a preliminary examination of the claim's dispute,
7. the proposal to confirm the restructuring plan,
8. end of preventive restructuring;
9. the proposal to abolish the restructuring plan.
A senior judicial officer in criminal proceedings may, save as otherwise provided in a special law, carry out all acts of the Court of First Instance, except:
(a) the decision-making and conduct of the proceedings in the main proceedings, the public sitting and the private sitting;
(b) the issuing of a criminal order, an arrest warrant, a withdrawal order, a search warrant, a search warrant for other premises and land, a personal search warrant, a wiretap order and a recording of the telecommunications equipment, a warrant for the detection of data on telecommunications traffic, a data storage order or a prohibition of access to it, a shipment order, a substitution order for the contents of the consignment;
(c) a decision to secure funds in an account with a bank, in an account with a savings and credit cooperative or other entities that hold an account for another, blocking the supplementary pension funds with a State contribution, blocking the drawing of a financial loan, blocking the financial lease and securing book-entry securities;
(d) a decision on legal proceedings with a foreign national;
(e) the granting of consent for the President of the Chamber to the law enforcement authorities for carrying out acts under the criminal rules;
(f) the acts of the Judge in the preparatory procedure;
(g) deciding whether the restrictions imposed are lifted, an appropriate obligation, an educational measure or supervision.
The President of the Chamber may reserve the execution of the acts referred to in paragraphs 11 and 12.
The senior judicial officer shall be authorised in connection with civil proceedings, administrative and criminal proceedings.
(a) issue official confirmation of the facts known from the file;
(b) draw up statistical sheets and carry out further work in the field of statistics;
(c) issue official copies, extracts or certificates from the commercial register, the insolvency register, the register of public utility companies, the fund register and the register of community owners of units;
(d) to deal with questions and observations of the parties, their representatives, lawyers and other persons relating to the conduct of proceedings on a case-by-case basis.
SCOPE OF ACTIVITIES HIGH BY STATE REPRESENTATIVES
The senior official of the Prosecutor's Office shall perform the acts of the Prosecutor's Office and of the Prosecutor's Office on the basis of a mandate issued by the Head of the Prosecutor's Office or by his designated Prosecutor.
(1) The Public Prosecutor may delegate to the Senior Prosecutor
(a) deciding on the remuneration, reimbursement of final expenses and reimbursement for the missed time of a lawyer or appointed agent or legal representative of a child under 15 years of age in proceedings involving children under 15 years of age;
(b) by deciding on the testimony, expert fees, interpretation fees, the remuneration of the consultant recruited for the purposes of criminal proceedings, the remuneration for professional observations made at the request of the law enforcement authorities and the amount of compensation for their expenses;
(c) in the context of the suspension of the application for punishment, the suspension of the prosecution, the suspension of the prosecution, the suspension of the prosecution or the rectification of the preparation and processing of supporting documents for:
1. the decision to suspend the application for punishment, the suspension of the prosecution, the suspension of the prosecution, the suspension of the prosecution or the settlement and processing of the draft of his written copy;
2. the decision on the certificate of a suspect or accused person on trial, including the supporting documents for the decision on the withdrawal of the appropriate restriction imposed, the appropriate obligation, the educational measure or supervision, if any, and the processing of a draft written copy of such decision,
3. the decision to maintain the conditional suspension of the application for punishment, the suspension of criminal proceedings or the suspension of criminal proceedings in force and the processing of a draft written copy of such decision;
4. the decision that the suspect or accused has failed to prove himself and that the draft draft of such a decision has been drawn up;
5. Deciding whether the remainder of the obligation to refrain during the probationary period of the suspension of the application for punishment, suspension or suspension of the prosecution of a particular activity will not be carried out and the processing of a draft draft of such a decision;
(d) writing submissions to the public prosecutor, including proposals;
(e) decisions relating to the recovery and extradition of a case which is relevant to criminal proceedings after the date on which the decision on the substance of the case becomes final;
(f) by indicating the legal power of the decision.
(2) The senior public prosecutor may be further entrusted with the execution of such acts in which the rights and obligations of persons are not decided,
(a) requests in simple matters,
(b) service of decisions and other official documents of the Prosecutor's Office to persons in custody or in the execution of a custodial sentence;
(c) drawing up a report on the explanation provided, including the drawing up of criminal notices;
(d) participation in visits to the accused in custody;
(e) by checking the correspondence of the accused;
(f) consultation of the court's files and requiring their lending;
(g) requiring the lending of files, documents and explanations from public authorities, local authorities and other persons obliged to provide explanations or to lend files and documents to the public prosecutor in the exercise of his or her duties;
(h) providing other supporting documents for the performance of the activities of the public prosecutor.
(1) The senior official of the Prosecutor's Office is entitled to draw up statistical papers and carry out further work in the field of statistics.
(2) If he entrusts the Prosecutor pursuant to Section 15 of the Senior Prosecutor's Office to perform an individual act, he shall be entitled to give written instructions on how the action is to be carried out. The mandate to carry out an individual act shall be binding upon the Senior Prosecutor's Office and the Prosecutor shall ensure that the action is carried out correctly and in a timely manner. The authorisation may be given both for a single operation and for several operations of the same type if they are of a repetitive nature.
(1) A senior official of the Prosecutor's Office is excluded from carrying out an act of the Prosecutor's Office for similar reasons provided for by the Special Act for the exclusion of the Prosecutor. As soon as the senior public prosecutor becomes aware of the facts for which he could be excluded, he shall immediately notify the public prosecutor. In proceedings, until such time as the decision on exclusion is taken, it may only take such action which cannot be deferred.
(2) Exclusion of a senior official of the Prosecutor's Office shall be decided by the Head of the Prosecutor's Office or by his designated Prosecutor; no appeal is admissible against that decision.
(3) If it has been decided that a senior public prosecutor is excluded, the senior public prosecutor shall designate another senior public prosecutor instead.
The senior official of the Prosecutor's Office shall submit the matter to the Prosecutor if:
(a) the case is a matter of legal or factual complexity; or
(b) an act must be carried out which the senior official of the Prosecutor's Office is not entitled to carry out.
The competent public prosecutor shall revoke the mandate to carry out the act of a senior official of the public prosecutor and implement it in his own capacity if the case is a matter of legal or factual complexity.
A decision issued by a senior public prosecutor may be subject to the same conditions as against the decision of the public prosecutor. If a complaint is lodged against a decision issued by a senior official of the Prosecutor's Office, the Prosecutor of the same Prosecutor may fully comply with it, unless the amendment of the original resolution of the rights of another party to the criminal proceedings is affected.
STUDIO OF HIGH OFFICIALS AND HIGH OFFICIALS OF STATE REPRESENTATIVES
The study of senior judicial officers and the study of senior civil servants is organised by the Ministry of Justice.
(1) The study of senior judicial officers and senior officials of the Prosecutor's Office at the Judicial Academy lasts at least 18 months and includes teaching organised in the form of preschool training centres of a total duration of at least 120 days. The study is completed by final examination.
(2) A candidate who has a secondary education with a graduate examination and has been recommended to study by the President of the Court or by the Chief Prosecutor may be admitted to the study of senior judicial and prosecutors.
(3) A participant in the study of senior judicial officers must, throughout the course of his studies, be a member of the staff assigned to perform his duties at the Court in the capacity of a judicial secretary. A participant in the study of senior officials of the Public Prosecutor's Office must be a member of staff assigned to perform the duties of the Prosecutor's Office throughout the course of his studies. On the date of termination of the employment of a student of a study in accordance with the first or second sentence, his studies shall also cease.
(4) The Ministry of Justice, after consulting the Judicial Academy, issues a study order specifying, in particular, the content and scope of the studies of senior judicial officials and the studies of senior prosecutors, other conditions for admission to and the content and organisation of the final examinations and, where appropriate, interim examinations.
(5) The Ministry of Justice shall issue a certificate of the outcome of the studies to those who have successfully completed the study of senior judicial officers or the study of senior civil servants.
(1) A participant in the study of senior civil servants of the Public Prosecutor's Office may perform acts of the Public Prosecutor's Office and of the Public Prosecutor's Office, which are not in the decision, to the same extent as the Senior Public Prosecutor's Officer.
(2) The provisions of Part One, Title Three, shall apply mutatis mutandis to the fact that a participant in a study of senior officials of the Public Prosecutor's Office may carry out acts only on the basis of written instructions from the Prosecutor as to how the operation is to be carried out.
(1) Participation in the study of senior judicial officers or senior officials of the Prosecutor's Office is an increase in qualifications under the Labour Code.
(2) A participant in the study of senior judicial officers and a participant in the study of senior officials of the Public Prosecutor's Office shall be entitled to free accommodation in the accommodation facilities of the Judicial Academy and to an employer's allowance of the amount which is provided to other staff assigned to perform their duties in a court or a public prosecutor with whom he is assigned to perform his duties in an employment relationship.
TRANSITIONAL AND REPEAL PROVISIONS
(1) Until 31 December 2012, staff of courts who have at least complete secondary education completed by the graduate examination may be recruited for a short study of senior judicial officers, have obtained at least three years of continuous experience as court secretaries, have been recommended to study by the competent President of the Regional Court or the Supreme Court or by the President of the Supreme Court or by the President of the Supreme Administrative Court and have successfully passed the examination.
(2) The shortened study of senior judicial officials includes a theoretical study of 12 months, consisting of 10 weekly courses and individual studies, which is completed by a final examination of the same content and scope as the final examination referred to in Article 23 (3).
(3) The shortened study of senior judicial officers is equivalent to the study provided for in Section 23.
(4) Participation in the study centre referred to in paragraph 2 shall be an obstacle to the work for which the staff member is entitled to pay compensation equal to the average earnings.
(5) During the shortened study of senior judicial officers referred to in paragraph 2, the staff member shall be entitled to leave for two working days before each week's study centre and 10 working days before the final examination. For the period of leave, the staff member shall be entitled to a salary equal to the average earnings.
The following shall be deleted:
1. Act No. 189 / 1994 Coll., on Senior Judicial Officials.
2. Article IV of Act No. 152 / 1995 Coll., amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, and Act No. 59 / 1965 Coll., on the Enforcement of Punitions, as amended.
3. Act No. 62 / 1999 Coll., amending Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended by Act No. 152 / 1995 Coll.
4. Part of the ninth Act No. 192 / 2003 Coll., amending Act No. 6 / 2002 Coll., on Courts, Judgments, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), as amended, Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, and certain other laws.
5. Part of Act No. 216 / 2005 Coll., amending Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended, and Act No. 358 / 1992 Coll., on Notaries and their Activities (notary Order), as amended.
6. Part Thirty-seventh Act No. 296 / 2007 Coll., amending Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended, and certain laws in connection with its adoption.
Amendment to the Public Prosecutor's Act
Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll., Act No. 14 / 2002 Coll., Act No. 151 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 630 / 2004 Coll., Act No. 381 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 79 / 2006 Coll., and Act No. 342 / 2006 Coll., is amended as follows:
1. In Paragraph 3 (1), the word "only 'is deleted.
2. In Article 3, the following paragraph 2 is inserted after paragraph 1, including footnote 1:
"(2) To the extent and under the conditions laid down by special legislation1), senior officials of the Prosecutor's Office (hereinafter referred to as" senior official "), assistants of prosecutors and legal candidates may participate in the implementation of the acts of the Prosecutor's Office.
1) Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Prosecutor's Office and on the amendment of related laws. '.
Paragraph 2 shall become paragraph 3.
Footnotes 1 to 8 shall be renumbered footnotes 2 to 9, including the footnotes.
3. in Article 12e (1), the words "and senior officials" shall be inserted after the words "representatives."
4. in Article 13d (a) and Article 16b (1), the words "senior officials" shall be inserted after the words "representatives."
5. In Article 13d (j), the words "senior officials" shall be inserted after the word "education."
6. in Articles 13e (d), 13f (1) (d) and 13g (1) (f), the words "and senior officials" shall be inserted after the words "representatives."
7. In the first sentence of Article 16b (2), the words "or a senior official 'shall be inserted after the words" employees of the Prosecutor's Office'.
8. The heading of Part Ten reads: "ASISTENTS OF STATE REPRESENTATIVES AND LEGAL TEACHERS '.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Prosecutor's Office and on the amendment of related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0