Act No. 189 / 1994 Coll.
Law on senior judicial officers
Valid
Law
Effective from 01.01.1995
189
THE LAW
of 27 September 1994
on senior judicial officers
Parliament has decided on this law of the Czech Republic:
STABILITY OF HIGH COURT OFFICERS
A senior judicial officer shall be entitled to carry out separately, to the extent provided for by this or by a special law, acts of the court in civil proceedings, criminal proceedings and other activities of the court.
(1) The higher court officer may be a citizen of the Czech Republic who is upstanding and has successfully completed his studies of senior judicial officers (hereinafter referred to as "the study '). The law replaces the study of senior judicial officers; However, his graduates are required to carry out three months' practical training in court unless the President of the Court has waived that condition.
(2) For the purposes of this law, a person who has been convicted of a criminal offence committed by negligence shall not be considered to be righteous for the purposes of this law for conduct by a senior judicial officer or for an offence committed intentionally.
(1) The senior judicial officer shall perform the duties of the court on the basis of a work schedule.
(2) The schedule of work specifies in which cases provided for by this or by a special law a senior judicial officer shall act in civil proceedings.
(3) The schedule of work also specifies in which cases provided for by this or by special law a senior judicial officer shall carry out individual acts by delegation of the President of a Chamber or a single judge (hereinafter referred to as the President of the Chamber).
(1) A senior judicial officer shall only be governed by law and other law when carrying out the operations.
(2) If the President of the Chamber, pursuant to Paragraph 3 (3) of the Senior Judicial Officer, entrusts him to an individual act not consisting of a decision, he is entitled to give a binding written instruction as to how the action is to be carried out.
(1) A senior judicial officer shall be excluded from carrying out an action of a court for similar reasons provided for by a special law for the exclusion of a judge. 1) As soon as 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.
(1) The President of the Chamber shall remove the case from the superior judicial officer and deal with it in his own capacity if the case is in fact or is extremely complex in law. In proceedings relating to a commercial register, the President of the Chamber shall withdraw the case only if the registration has to be decided.
(2) Withdrawal of a case under paragraph 1 shall not be a judicial decision.
(1) A senior judicial officer shall bring the matter before the President of the Chamber if:
(a) the case is a matter of particular legal and factual complexity;
(b) the case must be carried out by acts which the senior judicial officer is not entitled to carry out.
(2) Withdrawal shall be decided by the President of the Chamber. His decision is final.
(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. If an appeal is brought against a decision given by a senior judicial officer, the President of the Chamber may fully comply with it. Its decision shall be considered a decision of the Court of First Instance and may be challenged by appeal.
(2) A complaint may be lodged against a resolution issued by a senior judicial officer in criminal proceedings under the conditions laid down in special legislation.2) If a complaint is lodged against a resolution issued by a senior judicial officer, the President of the Chamber may fully comply with it, provided that the amendment of the original resolution of the rights of another party to the criminal proceedings does not affect it.
SCOPE OF THE ACTIVITIES OF HIGH COURT OFFICERS
(1) A senior judicial officer may carry out acts of the Court of First Instance in civil proceedings in the following cases:
(a) proceedings for applications for payment orders and, in such cases, decisions on late replies and cancellation of a order for payment which cannot be served;
(b) a succession procedure in which there is no need to order proceedings before a court and in which there is no
1. the procedure laid down in Article 175k (1) and (2) of the Civil Code,
2. the withdrawal of a case pursuant to Article 175zb of the Civil Code,
3. on the recovery of a case pursuant to Article 175zd of the Civil Code,
4. an inheritance in which it is claimed that the general price is higher than CZK 10 million,
5. an inheritance situated abroad; or
6. the inheritance of a deceased who was a foreign national or who died abroad,
(c) proceedings for the custody of minors and in the custody of persons deprived of legal capacity or restricted to legal capacity and persons absent or unknown who do not need to be ordered to act;
(d) hiding procedures;
(e) instrument amortisation proceedings;
(f) proceedings for the enforcement of decisions by withholding wages, ordering claims or selling movable property in which no action is required;
(h) conciliation;
(i) the procedure for determining paternity by a declaration of parental agreement.
(2) The senior judicial officer in the proceedings in matters relating to the commercial register shall take all actions, including the making of entries in the register.
(3) Save as otherwise provided in a special law, the senior judicial officer may, in civil proceedings, carry out the following acts of the court:
(a) the drawing up of submissions by the court, including proposals;
(b) the handling of requests, with the exception of those in contact with a foreign country;
(c) removal of procedural defects,
(d) deciding to return the deposit;
(e) decisions on judicial fees, including decisions to stop proceedings on grounds of non-payment of a fee and the annulment of that decision, except where the imposition of an obligation to pay a fee is related to the decision on the substance of the case.
Save as otherwise provided for in a special law, the President of the Chamber may, in civil proceedings, entrust a senior judicial officer to the following acts of the court:
(a) ensuring proof before the proceedings are initiated;
(b) preparing the negotiations provided for in Article 114 (2) (a) and (c) of the Civil Code;
(c) acts of the Court of First Instance before an appeal is lodged;
(d) the acts of the Court of First Instance before the presentation of an application;
(e) decision-making on the fine;
(f) by deciding on the witness, expert and interpreter,
(g) decisions relating to judicial fees, including decisions terminating proceedings on grounds of non-payment of a fee and the annulment of that decision, in cases where the imposition of an obligation to pay a fee is related to a decision on the substance of the case;
(h) acts in the proceedings for succession not referred to in Paragraph 9 (1) (b), with the exception of court proceedings and decisions on the substance of the case;
(i) actions relating to the custody of minors and to the custody of persons deprived of legal capacity or restricted to legal capacity and persons absent or unknown in whom action should be ordered, with the exception of actions and decisions on the substance of the case;
(j) acts of enforcement of decisions requiring action, with the exception of actions and decisions relating to the substance of the case;
(k) acts in insolvency proceedings (2a), with the exception of actions and decisions on:
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 provisions of the provisional creditor committee,
5. Proposal for a preliminary measure regulation limiting the debtor's right to dispose of assets;
6th Decline,
7. rejection of the insolvency proposal;
8. That the debtor is not bankrupt,
9. the declaration of bankruptcy and its cancellation;
10. Approval of the final report and the timetable resolution,
11. the authorisation of the reorganisation, the approval of the reorganisation plan and its amendments and the conversion of the reorganisation into bankruptcy,
12. the approval of the debt relief plan and its amendments, the granting of an exemption from payment of the debt covered by the debt relief plan and the withdrawal of such an exemption and the withdrawal of the debt relief plan;
13. closure of the business of the debtor;
14th things all the same in incident disputes.
(1) Save as otherwise provided in a special law, the President of the Chamber may, in criminal proceedings, entrust a senior judicial officer with the separate execution of the following acts of the court:
(a) drawing up submissions, including proposals and appeals;
(b) procuring or requesting supporting documents to be provided by the President of the Chamber which are relevant to proceedings before a court;
(c) the service of documents to persons in custody or in the execution of a custodial sentence and the drawing up of a record of questioning for that purpose;
(d) processing of requests, except those in contact with a foreign country;
(e) decisions relating to the return of a case which is relevant to criminal proceedings after the legal authority of the case;
(f) deciding on the amount of remuneration and reimbursement of the final expenses of an appointed lawyer,
(g) deciding on the evidence, expert and interpretation;
(h) by deciding on the obligation of the defendant to pay the costs of criminal proceedings and the costs associated with the exercise of the custody and on the obligation to reimburse the remuneration and final expenses paid to the designated lawyer by the State;
(i) by deciding on the credit of the detention and punishment;
(j) the performance of the legal reporting obligation in the enforcement proceedings, the implementation of measures aimed at the enforcement of the penalties imposed, safeguard measures or order fines, and the decision on the manner in which they are to be enforced, with the exception of decisions to suspend the execution of the sentence, to waive the sentence or the rest of the sentence, to suspend the execution of the sentence, to modify the manner in which the sentence is to be enforced, to modify the manner in which the sentence is to be enforced, to release the protection treatment and to release the protective education or to waive the execution;
(k) participation in visits to the accused in custody;
(l) by checking the correspondence of the accused.
(2) In criminal proceedings, the President of the Senate of a senior judicial officer may instruct the accused or the injured person to provide information on the formalities for the settlement agreement and the acts necessary for its conclusion.
The President of the Chamber may entrust a senior judicial officer with the separate execution of acts in other activities of the court referred to in Section 352 of the Civil Code.
A senior judicial officer shall be entitled to issue, in the context of civil proceedings and criminal proceedings, official confirmation of the facts known from the file, to draw up statistical sheets and to carry out further work in the field of statistics. It shall also be entitled to issue official copies, extracts or certificates from the Commercial Register.
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The study is organized by the Ministry of Justice.
(1) The study is three years old and is completed by the final examination.
(2) The study includes theoretical teaching and practical preparation in court.
(3) The Ministry of Justice determines the content and scope of the study and the final examinations and issues the rules of study.
(4) To those who have successfully completed their studies of senior judicial officers, the Ministry of Justice will issue a certificate of the outcome of the studies.
(1) The admission exam may be composed of a candidate who has received the least complete secondary education completed by the graduate examination.
(2) A candidate who has passed the entrance exam and is an employee of the Court may be admitted to the study.
(3) A study participant must be an employee of the Court throughout the course of his studies.
The study of senior court officials is an obstacle to the work for which the staff member is entitled to pay compensation equal to his salary.
TRANSITIONAL AND FINAL PROVISIONS
(1) Short studies are equivalent to those provided for in Section 15.
(2) Short study covers a theoretical study of 12 months, consisting of 10 weekly courses and individual studies and completed by a final examination of the same content and scope as the final examination under Section 15.
(3) A short study may be accepted within four years of the date of application of this Act by the staff of the court who have been acting as judicial secretaries in the last five years before the law is effective and have gained at least two years' experience in this activity, have been recommended for study by the competent President of the Regional Court or the Supreme Court or by the President of the Supreme Court and have successfully passed the examination.
(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 compensation equal to his salary.
(5) For the short-stay period referred to in paragraph 2, the staff member shall be entitled to leave within 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 paid a salary equal to his salary.
The secretaries of the Court who are present on 31 December 2003 may, until 31 December 2005, carry out the acts of the Court which may be carried out under this law by senior judicial officers, to the extent and under the conditions laid down in specific legislation.3)
The Department of Justice shall determine the details of the work schedule by decree.
This Act shall take effect on 1 January 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Section 14 of Act No. 99 / 1963 Coll., Civil Code of Procedure, as amended. § 30 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
2) Act No. 141 / 1961 Coll., as amended.
2a) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
3) Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended.
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Regulation Information
| Citation | Act No. 189 / 1994 Coll., on Senior Judicial Officials |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.1994 |
|---|---|
| Effective from | 01.01.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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