What is Regulation No. 192 / 1950 Coll.?

Regulation No. 192 / 1950 Coll., laying down more detailed rules on proceedings in criminal and civil matters (Rules of Procedure) — Regulations laying down more detailed rules for proceedings in criminal and civil matters (Rules of Procedure).

When it became Regulation No. 192 / 1950 Coll. effectiveness?

Regulation No. 192 / 1950 Coll. became effective 01.01.1951.

Is Regulation No. 192 / 1950 Coll. still valid?

Yes, Regulation No. 192 / 1950 Coll. is still valid and effective.

Regulation No. 192 / 1950 Coll.

Regulations laying down more detailed rules for proceedings in criminal and civil matters (Rules of Procedure)

Valid Effective from 01.01.1951

Část prvá. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. § 14. § 15. § 16. § 17. § 18. § 19. § 20. § 21. § 22. § 23. Část druhá. HLAVA PRVÁ. § 24. § 25. § 26. § 27. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. § 37. § 38. § 39. § 40. § 41. § 42. § 42a) HLAVA DRUHÁ. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. § 56. HLAVA TŘETÍ. Díl prvý. § 57. § 58. § 59. § 60. § 61. § 62. Díl druhý. § 63. HLAVA ČTVRTÁ. § 64. § 65. § 66. § 67. § 68. § 69. § 70. § 71. § 72. § 73. § 74. HLAVA PÁTÁ. § 75. § 76. § 77. § 78. § 79. § 80. § 81. § 82. § 83. § 84. § 85. HLAVA ŠESTÁ. § 86. § 87. § 88. § 89. § 90. § 91. § 92. § 93. § 94. HLAVA SEDMÁ. § 95. § 96. § 97. § 98. § 99. § 100. § 101. § 102. § 103. § 104. § 105. § 106. § 107. § 108. § 109. § 110. § 111. § 112. § 113. § 114. § 115. § 116. HLAVA OSMÁ. Díl prvý. § 117. § 118. § 119. § 120. § 121. § 122. Díl druhý. § 123. § 124. § 125. § 126. § 127. § 128. § 129. § 130. § 131. § 132. § 133. § 134. § 135. § 136. § 137. § 138. § 139. § 140. § 141. § 142. § 143. § 144. § 145. § 146. § 147. § 148. § 149. § 150. § 151. § 152. § 153. § 154. § 155. § 156. § 157. § 158. § 159. § 160. § 161. § 162. Díl třetí. § 163. Část třetí. § 164. § 165. § 166. § 167. § 168. § 169. Část čtvrtá. § 170. § 171. § 172. § 173. § 174. § 175. Část pátá. § 176. § 177. § 178. § 179. Část šestá. § 180. § 181. § 182. § 183.

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192.

Order of the Minister of Justice

of 18 December 1950

laying down more detailed rules for proceedings in criminal and civil matters (Rules of Procedure).

The Minister of Justice hereby orders, pursuant to § 325 of Act No. 87 / 1950 Coll., on Criminal Procedure, and § 44, § 138 (1), § 511 (2), § 577 (1), § 582 (3) and § 677 of Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code):

Část prvá.

Initial provision.

Organisation of employment in prosecutors and proper courts.

§ 1.

(1) All work in prosecutors and ordinary courts (hereinafter referred to as "courts") is normally provided according to the type of agenda in each department (criminal, civil, administrative).

(2) The duties of the prosecutor are provided by the necessary number of prosecutors, and the judicial authority exercises the necessary number of professional judges and judges from the people. The administration of the judiciary shall be held by the Prosecutor, who has been appointed by the Prosecutor's Office ("the Chief Prosecutor '), in court.

(3) The work of administrative referees, independent administrative work related to the performance of the Prosecutor's Office or the exercise of judicial authority (Section 176), office work and auxiliary work provides the necessary number of administrative staff; in civil proceedings, administrative staff may also arrange for certain simple acts which are otherwise entrusted to a single Judge or to the President of the Chamber (§ 677 (2), § 30 (2), § 94 (2), § 170 (2), § 173 (2), § 177).

§ 2.

(1) If the scope of the criminal or civil law agenda so requires, several criminal or civil departments shall be set up to provide them. In such cases, cases of the same kind are normally concentrated in one department (e.g. criminal justice in cases under Title 1 and Section 2 of the Criminal Code, criminal justice over youth, national insurance, employment, rental, enforcement).

(2) If separate administrative work (§ 1 (3)) and office work, in particular work related to the activities of the entire prosecution or the whole court, cannot be provided for its scope in one of the departments referred to in § 1 (1), a special department (e.g. delivery, executive department) shall be established for the provision of such work.

§ 3.

If the scope of the agenda so permits, prosecutors or courts may also be entrusted with the provision of multi-department work.

§ 4.

(1) If the immediate management of the work of certain administrative referees is not reserved for the Ministry of Justice, the Chief Prosecutor shall direct the work of the Administrative Department at the Prosecutor's Office, the President of the Court of Justice in court. The work of the other departments is directed by the prosecutors - aprobanti, the Presidents of the Senate.

(2) Separate administrative work (§ 1 (3)), office and auxiliary work is managed in each individual department by an administrative staff member designated to do so at the Prosecutor's Office, by the President of the Court (Head Officer of the Department).

District Court branches.

§ 5.

(1) For important reasons, the President of the Regional Court may, with the agreement of the Minister of Justice, order the District Court to arrange for a criminal and civil law agenda or some of its types in a department located outside its seat (branch of the District Court) for certain municipalities of its district.

(2) Before the decision is taken, the President of the Regional Court shall request the observations of the Regional Prosecutor and, through the President of the District Court, the observations of the local national committees of the participating municipalities and of the district national committee in whose district the municipalities are located.

§ 6.

(1) If the reasons which led to the opening of the branch of the District Court change or fall, the President of the Regional Court shall, with the agreement of the Minister of Justice, order that the branch's activities be limited to a specific type of agenda or be terminated.

(2) Paragraph 5 (2) shall apply mutatis mutandis.

§ 7.

The President of the Regional Court shall declare the commencement, limitation or cessation of the activities of the branch of the District Court in the relevant official document for the judicial decree.

Regular court days.

§ 8.

(1) In order to facilitate the contact of workers with the court, the President of the Regional Court may order that the District Court, for certain municipalities of its district, shall act outside its seat on regular judicial days ("judicial days').

(2) Paragraph 5 (2) shall apply mutatis mutandis.

§ 9.

Judicial days shall be held, unless their purpose or the nature of the matter so precludes, by actions of the same kind and scope as those of the seat of the District Court. The President of the Chamber shall not be bound by the schedule of work on court days.

§ 10.

Costs relating to the performance of judicial days shall be borne by the judicial administration.

§ 11.

(1) If the grounds which led to the introduction of court days change or fall, the President of the Regional Court shall order their limitation or suspension.

(2) The consent of the Minister for Justice is required for a decision to stop the proceedings; otherwise Article 5 (2) shall apply mutatis mutandis.

§ 12.

The President of the District Court shall declare the establishment, limitation or suspension of court days on the court record and in the municipalities involved, as well as on the building intended for the holding of court days; If necessary, it shall make it known by other appropriate means. By means of a copy of the Order, the President of the District Court of the District and Regional Prosecutor, the President of the Regional Court, the District National Committee and the Ministry of Justice shall be informed.

The schedule.

§ 13.

At the end of each year, the President of the Court shall draw up a work schedule for next year.

§ 14.

(1) The work schedule must show how the tasks of the court are divided between different departments and to which departments individual judges and administrative staff are assigned.

(2) Individual departments shall be identified in the work schedule by the usual Arabic numbers according to the following order: administrative, criminal, civil and other departments (branches of the District Court). The office and the Registry shall be indicated at the end of the order with no indication of the number.

(3) The work schedule shall also specify the detailed distribution of working time, working time, on-call time on working days and the place and time of the judicial days.

§ 15.

The President of the Court may, for the purposes of a uniform division of work or for urgency or for other important reasons, also assign individual cases by way of derogation from the schedule of work or amend the schedule of work in whole or in individual cases and during the year.

§ 16.

(1) The schedule of work of the District Courts and its amendments are approved by the President of the Regional Court, the schedule of work of the Regional Courts and its amendments are approved by the Ministry of Justice.

(2) The schedule of work and its amendments will be posted on the bench after approval.

Service supervision.

§ 17.

(1) The activity of administrative staff providing separate administrative work (§ 1 (1), § 5 (1)), office or auxiliary work shall be supervised by the Head Officer of the Department.

(2) The President of the Senate shall oversee the activities of all staff in the criminal or civil service at the Prosecutor's Office.

(3) The activity of all administrative staff, if they provide separate administrative work at the prosecution or court (§ 1 (3)), office or auxiliary work, shall be supervised by the supervisory officer.

(4) If direct supervision of the activities of certain administrative referees is not reserved for the Ministry of Justice, the Head of Prosecutor shall oversee the activities of all staff at the Prosecutor's Office, its President in court.

§ 18.

(1) The activities of subordinate district prosecutors shall be supervised by the Regional Prosecutor, by the President of the Regional Court, on the activities of subordinate district courts, by inspections carried out either in accordance with a plan approved by the Ministry of Justice or by a special regulation, or whenever necessary.

(2) If only administrative staff are to be examined in the District Prosecutor's Office or in the District Court, the Regional Prosecutor may entrust an inspection of the Supervisory Officer or other competent administrative staff of the Regional Prosecutor, the President of the Regional Court of the Supervisory Officer or other competent administrative staff of the Regional Court.

(3) The examination shall determine whether the relevant work is carried out quickly, efficiently and according to the rules and whether the knowledge, ability, diligence and awareness of the staff working with the prosecution or the court to which the examination takes place are as required by the type of work they carry out.

(4) The detected defects shall be removed where possible on the spot, those which are outside the field of competence of the Regional Prosecutor or the President of the Regional Court shall be reported in writing on the result of the inspection. The report shall be submitted to the Ministry of Justice, and the report on the outcome of the inspection of the district prosecutors shall also be submitted in a copy to the Prosecutor General. The report shall state the state in which the prosecution or court has been found to be, their workload and staffing and what has been provided to remedy the deficiencies identified.

§ 19.

The General Prosecutor, the Supreme Court, the Regional Prosecutor and the Regional Courts shall be entitled to rule out defects which have occurred in the application of the law and which have been found by them in the performance of the judiciary in proceedings before subordinate prosecutors or courts; If there are more serious cases, they shall notify the Ministry of Justice of the deficiencies found with the report they have arranged for them to be removed.

Work meetings.

§ 20.

(1) Regular working meetings shall be held for prosecutors (hereinafter referred to as "meetings"), preferably involving all staff of the prosecutors; meetings shall be convened by the lead prosecutor in accordance with a predetermined plan.

(2) In addition to the deliberations referred to in paragraph 1, wider regular working meetings shall be held for the district prosecutors (hereinafter referred to as "wider meetings'), with the participation, if possible, of all district prosecutors or other prosecutors from the district prosecutors; wider meetings are convened by the District Attorney according to a predetermined plan.

(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the deliberations (wider deliberations) held before the courts (before the Regional Court) with the participation of the staff of the Court (the Presidents of the District Courts or other professional judges in the district of the Regional Court).

§ 21.

(1) In addition, the President of the competent court is to be recruited for the deliberations of the Prosecutor, and in addition the Presidents of the Boards of Appeal and / or of the Boards of Appeal are to be recruited for the wider deliberations.

(2) A competent prosecutor is to be brought in for the deliberations and for the wider deliberations in court.

(3) Judges from the people or their representatives are to be brought to the hearing at least once a quarter of the year; representatives of the judges of the people from individual subordinate district courts are to be brought in for wider deliberations at the Regional Court at least every six months.

§ 22.

If appropriate, meetings (wider meetings) may be held at the prosecutor's office together with deliberations in court.

§ 23.

In particular, meetings (wider meetings) shall:

1. exchange experience on the decision-making of prosecutors and courts, particularly in terms of uniform interpretation of laws;

2. discuss reports received on the outcome of the inspection;

3. to discuss proposals for the elimination of detected defects or improvements;

4. to report or report to the Chief Prosecutor or the President of the Court.

Část druhá.

Procedure in criminal and civil matters.

HLAVA PRVÁ.

General provisions.

Acceleration and simplification of management.

§ 24.

(1) All criminal and civil matters are to be dealt with as quickly as possible so that a final decision can be taken as soon as possible.

(2) The prosecutors, the judges and all the staff of the prosecutors and the courts are to rely on all the workers who appeal to their advice or assistance in every way possible; In particular, they shall ensure that the lack of general or legal education does not harm anyone in their rights and shall give instructions to all those in need to carry out the necessary tasks, together with an indication of the legal consequences associated with the execution of such tasks or omission.

(3) The time at which a prosecutor or a court may appear without prior subpoena shall be determined in such a way as to facilitate the contacts of workers with the prosecutor or the court as far as possible.

§ 25.

(1) Where there is a need for an explanation and where it is not possible to obtain it in another appropriate way, a brief written statement may be requested from the person who may provide such an explanation or may be heard by that person in an informative manner. Invitation for information questioning can become a simple subpoena or telephone call.

(2) A brief record of the information interview shall be made in the file, signed by the person who wrote it; the interrogator shall attach his signature if the interrogator considers it expedient, given the gravity of the communication.

§ 26.

(1) Where models are required for the preparation of a decision (their copies), for other processes and for protocols, they should be used unless important reasons (e.g. specific complexity of the matter) prevent this.

(2) For other copies of a decision (copies thereof) or a settlement which does not change except for minor derogations, as well as for letters, reports, communications and paper certificates which are very frequently repeated and for which models are not prescribed, prosecutors and courts may establish their own models.

Written submissions.

§ 27.

(1) Written submissions must be made in so many copies (§ 61 (3), (43), (2) and (2)), that, in addition to a copy intended for the prosecutor or the court (also for another prosecutor, another court or department), a copy of the document may be served on each person to whom the copy is to be served.

(2) The provisions of paragraph 1 shall also apply to copies of the annexes to be served with a copy of the written submission.

(3) If the party has not submitted the necessary number of copies of the written submissions and annexes to the proceedings, although requested to do so, the court shall take them on its costs; the participant must be notified in the invitation.

§ 28.

Where a person who has made a written submission to confirm his receipt is available to him, he may, in addition to the copies referred to in paragraph 27 (1), attach either a further copy of it or at least a brief extract thereof (i.e., the block); the heading must contain the name of the prosecutor or court, the name, surname, employment and place of residence of the applicant and of the other parties, in the case of their legal representative or agent, as well as an indication of the subject matter of the proceedings and of the procedural action.

Submission made orally to the Protocol.

§ 29.

If they replace the protocols drawn up on oral submissions in writing, they shall have all the particulars required for written submissions.

§ 30.

(1) Submissions made orally in the record shall, as a general rule, be made by the prosecutor or the professional judge. Where appropriate, the Prosecutor-General may authorise one of the prosecutors and the President of the Court of Justice of one of the Judges of the profession to write down all oral submissions made at the prosecution or at the court.

(2) Simple oral submissions may also be made by administrative staff if they have been authorised to do so by the Prosecutor-Aprobant or by the President of the Chamber (§ § 42, 677 o.s.).

§ 31.

(1) The oral notification shall, as a general rule, be drawn up by the prosecutor, who shall hear the notifier of the offence, the circumstances in which the offence was committed, the personal circumstances of the offender and the evidence and the amount of the damage caused by the action notified. The answer is to obtain the necessary background for further proceedings so that there is no need to repeat the hearing of the notifier.

(2) Where it is apparent from the data of the notifier that the action notified is not a criminal offence or that the offender cannot be prosecuted for other reasons, the notifier shall be informed accordingly; if the notifier nevertheless persists in its notification, it shall be noted in the Protocol that the notifier has been instructed.

(3) Where a criminal complaint has been made orally in a court of law, the provisions of paragraphs 1 and 2 shall apply mutatis mutandis. The record shall be sent without delay to the competent prosecutor.

§ 32.

Telematics.

(1) Submissions in civil matters made by telegraph (§ 44 o. s.), which did not have the formalities prescribed for written submissions, must be repeated in writing or orally.

(2) If the telematic submissions were to remove the other elements prescribed for written submissions, the lack of a handwritten signature (§ 43 (1) (e) o. s.) should be corrected by an additional brief expression of consent to the content of the telegraphic submission. consent may be given in writing or orally. At the same time, the necessary annexes are also to be submitted.

(3) The additional submission referred to in paragraph 1 or the consent referred to in paragraph 2 shall be made within three days of the expiry of the time limit laid down for the submission, but if such time limit is not such, within three days of the milking of the telegraphic submission. If this time limit is exceeded, the telegraphic administration cannot be taken into account.

Request.

§ 33.

(1) As a general rule, a separate letter must be requested to carry out the individual operations by requesting (Section 22 (2) (4), Section 16 (2) (c)), giving details of the necessary information. This is particularly true if there is a request for simultaneous execution by different district prosecutors or different district courts. If, however, more detailed knowledge of the files is needed to carry out the actions requested, the requested prosecutor or the requested court shall be sent the relevant files or parts thereof. The request must be granted with the greatest speed so that no delay should be given to the requesting prosecutor or the requesting court.

(2) Unless otherwise specified, the application shall be handled by the prosecutor or, if the court has been asked, by the judge designated to do so by the schedule of proceedings. If this is important for the successful conduct of the procedure, the questioning - as it turns out - and the circumstances or persons not mentioned in the request must be extended when making the request. The interview of a person not mentioned in the request must always be communicated to the participants (§ 96 (1) o. s. s.).

(3) If the requested action cannot be carried out in the district of the requested prosecution or the requested court, the request shall be forwarded to the appropriate prosecution or the competent court, if known, otherwise the request shall be returned. The transmission of the request shall be notified simultaneously to the requesting prosecutor or the requesting court.

§ 34.

If it only asks for the service of a document by the service provider of the prosecution or the service of the court, it shall be sufficient if it is indicated on the service provider with which the document addressed to the prosecution or the requested court is sent; no need to attach a separate accompanying sheet.

§ 35.

(1) The request of domestic courts (authorities, public authorities) for the service of documents is dealt with separately by the department providing the service.

(2) Requests for service of documents by foreign courts (offices) shall be made by the prosecutor or, if the court has been asked, by the judge designated by the schedule of proceedings.

Looking into files.

§ 36.

(1) It is possible to examine the files (§ 66 tr.f., § 87 o. s.), unless otherwise specified, only in the rooms of the prosecution or court under the supervision of the head of the department official or administrative staff designated by him for this purpose. At the same time, appropriate measures shall be taken to preserve national, economic or professional secrecy.

(2) Paragraph 1 also applies to experts (§ 118 (1) (3), § 108 et seq.). The Prosecutor or the President of the Senate may lend to experts who are unable to submit a reliable opinion without a thorough examination of the files.

§ 37.

At the reasoned request, files, or parts thereof, may be sent to another prosecutor or other court, with the consent of the prosecutor and before the court, in order to be consulted.

§ 38.

Permission to consult files which have been submitted to the Registry shall be granted by the Chief Prosecutor at the Prosecutor's Office, in court by the President of the Court.

§ 39.

Issue of official certificates.

The Prosecutor and the President of the Chamber may, at the request of the Tribunal, give the party an official statement of the facts known on the file, if he so requires, to exercise or defend his rights.

§ 40.

Exclusion of judicial persons from the execution of criminal proceedings.

(1) Where a judge (a member of a Chamber, a Chamber) whose exclusion from the execution of criminal proceedings in a particular case is concerned (Paragraph 39 (2) (3)), he agrees, the President of the Court shall assign the case to another Judge (Chamber) or appoint another Judge to the Chamber in his place. The President of the Court shall record this measure in the file.

(2) The Registrar is required to notify the President of the Chamber of the facts for which he may not be recruited (Paragraph 60 (3) (d), the Prosecutor, and in court, as soon as he has heard of these facts.

Establishment of advocates and representatives

§ 41.

If the Prosecutor or the President of the Chamber is to appoint an defendant (Section 45 (3)), he shall ask the counsel to inform him of the lawyer to be appointed.

§ 42.

If the President of the Chamber does not establish a lawyer's representative in cases of civil law (§ 142 (1), § 144 (1) and § 144 (1)), he may appoint him from among the professional judges or other servants of the court competent to do so.

§ 42a)

The procedure for setting up lawyers and representatives at a place where several legal advice is held shall be adapted in the interests of their equal burden by agreement between the Regional Prosecutor, the President of the Regional Court and the Heads of Legal Advisory.

HLAVA DRUHÁ.

The actions of the prosecutor and the court.

Time and place.

§ 43.

(1) The acts of the prosecutor or the court shall take place outside the office of the prosecution or court only if there are serious grounds for doing so, in particular if the nature of the action or if it is appropriate for educational reasons.

(2) If an action is to be carried out in a building of an office (public administration) or a public institution or undertaking, this must be reported in advance to the person responsible for their management.

(3) In military or military-occupied buildings and enterprises or in the buildings of the National Security Corps, the prosecutor or court may carry out the necessary action only with the permission of the competent commander.

§ 44.

On working days, actions can only be taken in urgent cases.

Summoning and performing.

§ 45.

(1) The summons shall normally be made in writing, or, where possible, orally, in urgent cases, by telegraph or by telephone. If a person has been summoned orally, by telegraph or by telephone, a record of this shall be made in the file; If she was summoned orally in an interview, it shall be noted in the record.

(2) If the specific circumstances of the case so require, in particular in an ordered demonstration, a summons may also be arranged through national security authorities in criminal matters.

(3) The written summons shall indicate the name of the case, the place, the time, and, if the general interest is not thereby compromised, the subject matter of the hearing or of any other action, whether the summons are to appear as accused, the participant, the witness, the expert or interpreter, and which means and means of proof are to be brought with them. At the same time, employed persons shall be invited to inform their employer (the immediate representative) in due time of their summons so that they can be represented during their absence at work. In addition, the written summons shall indicate the legal consequences that the summons would have had if they had not appeared without cause and without apology.

(4) A written summons addressed to the defendant shall, in addition to the legal provision, also state verbally what the charge is.

(5) Members of the armed corps in active duty shall be summoned through their superior. If the Chief of Military Affairs is not known, they shall be summoned through the local commander; If the Head of the National Security Corps or the Prison Guard Corps is not known, they shall be summoned through the nearest headquarters of the relevant Corps.

(6) If a larger number of persons employed at the same workplace (in the same plant and p.) are to be heard, they may be questioned in agreement with the administration of the workplace (the establishment and so on) at the place of work, even without their prior subpoena.

§ 46.

(1) Demonstration (§ § 92, 109 and § 232 (2) (3), § 69, § 100 (2) and § 112 (2) (a)) shall be requested by the competent headquarters of the National Security College.

(2) The presentation of members of the armed corps in active duty shall be requested by their superior.

§ 47.

Communication about actions.

(1) Paragraph 45 (1) and (3) of the first and second sentences shall apply mutatis mutandis, where the action of the prosecutor or court is communicated to the defendant, his lawyer or legal representative, the person concerned, the injured party and their legal representatives or agents, the public care body for young people or participants and their legal representatives or agents.

(2) The prosecutor must be informed of all acts of the court to attend.

Interview.

§ 48.

(1) Before questioning, the interrogator will identify the interrogator and instruct him about his rights and duties. The protocol shall explicitly state that it did so; where necessary, the statement of the interrogator shall be included.

(2) At the beginning of the interview, the interrogator shall determine the personal circumstances of the interrogator:

1. in the case of the defendant, the name and surname (also the previous surname), the date and place (district) of his birth, the place where he was entered in the birth book, his last residence (place of residence), the family status, the employment (for persons who are not employed, their last employment), the property and earnings situation and the previous penalties;

2. in the case of another person to be questioned, he / she shall identify the name and surname, age, family status, employment, residence (place of residence) and circumstances which may affect his / her credibility.

(3) The interrogator may be allowed to look into his written remarks before giving an answer. If that's what happened, it'll be noted in the log. The interrogator may be invited to submit observations for consultation by the prosecutor or by the judge who is conducting the hearing.

§ 49.

(1) Interview of persons who are unable to express themselves either in the Czech language or in the Slovak language takes place through an interpreter. The addition of the interpreter may be waived if the interrogator or reporter controls the language in which the interview will take place.

(2) The provisions of paragraph 1 shall be used mutatis mutandis for the questioning of persons who are deaf, dumb or deaf, unless they are able to communicate with them in another reliable way.

§ 50.

(1) If the prosecutor or court admits an expert to an examination (§ 80 (3), § 119 et seq.), it may, in view of the nature of the case, determine that the examination should take place only in the presence of the experts themselves.

(2) Where there is a concern that the subject of the examination will be destroyed or altered by the examination, only part of the subject shall be surrendered to the experts, if possible, and provision shall be made for the examination to be repeated as necessary.

Protocol.

§ 51.

(1) The Protocol (§ 60 (3), § 66 and 68 (a)) is intended to contain all the essential circumstances and must make it clear whether the relevant provisions have been followed in the implementation of the act (e.g. a reminder of the true statement, a statement made by the interrogator to the notice that he has the right to refuse the statement).

(2) As a rule, only the content of the statement of persons questioned is to be recorded. If relevant for the assessment of the case, the statements of the persons questioned shall be written literally; in this case, the relevant place of interview shall always be read out of the Protocol and the Protocol shall state that this has happened, if any, which objections have been made. If it depends on the precise and literal wording of the answer or if the interrogated evasive statement is made, the questioning shall be carried out by asking the individual questions which are literally recorded; the answer of the interrogator is literally registered.

(3) The declaration of resignation of a person who is neither Czech nor Slovak shall be drawn up in one of these languages; If it depends on the verbatim version of the statement, the reporter or interpreter shall also, if possible, write down the relevant part of the statement in the language in which that person has spoken.

(4) The protocol is dictated loudly so that the present people can hear the dictated statement. The Prosecutor and, in court, the President of the Chamber may allow the hearing, in particular if the expert is involved, to dictate his or her statement himself. This circumstance shall be noted in the record.

(5) If necessary, the whole or part of the hearing, after the whole or part of the operation has been carried out, may be recorded in writing; the shorthand record shall be transcribed in plain print and attached to the record.

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Regulation Information

Citation	Regulation No. 192 / 1950 Coll., laying down more detailed rules on proceedings in criminal and civil matters (Rules of Procedure)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.12.1950
Effective from	01.01.1951
Effective until	-
Status	Valid

The regulation text is for informational purposes only.