Decree No. 202 / 2007 Coll.
Decree amending Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended
Valid
Order
Effective from 01.09.2007
Text versions:
01.09.2007
09.08.2007
202
DECLARATION
of 24 July 2007
amending Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for Regional and Regional Courts, as amended
The Ministry of Justice of the Czech Republic, pursuant to Article 45 (1) of Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), as amended, pursuant to § 469 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, pursuant to § 374 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended:
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., Order No. 246 / 1995 Coll., Order No. 278 / 1996 Coll., Order No. 234 / 1997 Coll., Order No. 482 / 2000 Coll., Decree No. 104 / 2002 Coll. and Decree No. 268 / 2003 Coll., are amended as follows:
1. In Article 2, the following paragraph 1 is added:
"(1) On the criminal section, the President of the Court shall, in the schedule of work, provide specialisation in proceedings in matters of:
(a) corruption by public authorities;
(b) corruption in public procurement;
(c) corruption in public competitions;
(d) auction corruption. "
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
2. in Paragraph 2 (2) (a), at the end of point 5, the semicolon is replaced by a comma and the following point 6 is added:
"6. serious organised crime (in particular criminal organisation and offences committed by an organised group); ';
3. In Article 6 (2), in the introductory part of the provision, the words ", the assistants of the judge 'shall be inserted after the words" the candidate'.
4. In Article 6 (2) (b), the words "except for requests in contact with foreign persons' are deleted.
5. In Section 10, the words "over 18 years of age" shall be inserted after the word "defendants."
6. In Article 19, paragraph 4 is added:
"(4) A young person who is in the exercise of protective custody shall be summoned by means of the institute in which he carries out that education and who shall also ensure that he is present, including an escort to the hearing."
7. In Article 23, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A senior judicial officer, a pending judge, an assistant judge and a judicial secretary may also mark the legal authority in cases where the decision has been given or has been delegated to the judge. '
8. In Paragraph 28 (1), the words "the district authorities' are deleted.
9. In Article 28 (2), the words "and the district authorities' are deleted.
10. Article 28b to 28g shall be deleted, including the headings.
11. in Article 29 (3), the words "17 Cds per hour but not more than 136 Cds per day." shall be replaced by the words "an hour corresponding to the minimum wage per hour under the Government's minimum wage regulation, but not more than eight times that amount per day."
footnote 5:
"5) Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 585 / 2006 Coll. '.
12. in Article 30 (2), the word "used" shall be replaced by "used with the prior consent of the court."
13. in Paragraph 33 (1), the words "or commercial lawyer" shall be deleted;
14. Paragraph 37, including the title and footnote 9, reads:
Measures for the regulation of the execution of a prison sentence and for the regulation of the enforcement of criminal measures in prison
(1) If the sentenced person does not proceed within the prescribed time limit for the execution of the sentence of imprisonment or for the execution of a criminal measure of imprisonment, or if there is a concern that he will flee, the President of the Chamber (self-judge) shall order the sentenced person to be brought to the jail for the execution of the sentence of imprisonment or for the execution of the criminal measure of imprisonment in the relevant detention prison (Section 321 (3), first sentence). If the stay of the sentenced is not known, the court shall, by order of delivery until the execution of the sentence of imprisonment or the execution of criminal measures, expressly state that the stay of the sentenced must be traced (Section 321 (3), second sentence). The order for delivery until the execution of the prison sentence or until the execution of the criminal measure of imprisonment shall be sent to the district Directorate of Police of the Czech Republic responsible for the place of residence of the sentenced person. If the address of the sentenced person is unknown, the order for delivery until the execution of the prison sentence or the execution of the criminal measure of imprisonment shall be sent to the District Directorate of Police of the Czech Republic in the district of the court.
(2) If the stay of the sentenced person has been traced other than by the police authorities, or if the sentenced person has voluntarily applied for the execution of the sentence of imprisonment or for the execution of a criminal measure of imprisonment, the order for delivery until the execution of the sentence of imprisonment or for the execution of the criminal measure of imprisonment must be withdrawn from the police authority to which it was sent.
(3) In the case of a sentenced person who is staying abroad, the regulation on the execution of a custodial sentence or the regulation on the execution of criminal measures shall be applied in accordance with the special provisions (9).
(4) In the case of a minor who is in constitutional or protective custody, the court shall send the order for the execution of a criminal measure to the institution in which he is a juvenile, with a view to being delivered to the execution of the criminal measure by a staff member of the Institute. If this cannot be ensured, the President of the Chamber (self-judge) shall request the introduction of a juvenile in the execution of a criminal measure by the District Directorate of the Police of the Czech Republic, in whose district is the Institute.
(5) In the case of criminal measures of a duration of three months, the juvenile institution shall communicate the results of the transfer of a juvenile measure of imprisonment for at least two months before the expected date of the end of the period of execution of the criminal measure to the educational or therapeutic establishment from which the juvenile has been supplied before the execution of the criminal measure, with a view to the possible release from protective education, a conditional stay outside the educational establishment or the withdrawal of constitutional education.
(6) The detention centre and, where appropriate, the penitentiary shall return to the court one copy of the order for the execution of the sentence or the order for the execution of the criminal measure of imprisonment, confirming that the sentenced has taken the sentence of imprisonment or criminal measures of imprisonment, or shall notify the court without delay that the sentence of imprisonment or criminal measures of imprisonment have not been taken within the prescribed period. Where the sentenced person is in the exercise of another prison sentence or other criminal measure of imprisonment, the correctional establishment shall confirm receipt of the order of execution of the prison sentence or of the criminal measure of imprisonment on one copy thereof, indicating when the sentence of imprisonment or criminal measures of imprisonment are likely to be taken and shall return it to the court without delay. The transfer of a convicted person to another penal institution, the initiation of protective treatment, his escape and his capture, his death, the interruption of the execution of a custodial sentence or a criminal measure of imprisonment, the suspension of parole, and the suspension of the sentenced person's sentence as a result of the execution of a prison sentence or the execution of a criminal measure of imprisonment, the granting of a pardon, an amnesty or for any other reason, shall without delay submit a report to the court which took the decision at first instance; in the case of conditional release, it shall also report to the court which decided on the conditional release.
9) Instructions of the Ministry of Justice of 23 February 2005 No 81 / 2002-MOJ / 142 on the procedure of the courts in contact with abroad in criminal matters, published under No 14 / 2006 of the SIS. Instructions of the Ministry of Justice of 30 December 2004 No 66 / 2004-MOJ / 89 on the procedure of courts in contact with Member States of the European Union in criminal matters, published under No 18 / 2005 SIS. '
15.
Proprietary release from prison and criminal measures
As in § 38, the court shall proceed in cases of conditional release of a sentenced person for the execution of a sentence of imprisonment or for the execution of a criminal measure of imprisonment. '
16. in Paragraph 46 (2):
"(2) The executors shall in particular carry out the following actions:
(a) the sale of movable property in the event of the liquidation of the inheritance carried out by the court pursuant to the provisions governing the enforcement of the decision on the sale of movable property (§ 175u (1) o. s. s.);
(b) acts relating to the removal of the child (§ 273 (1) (b) o. s. s.);
(c) the acts relating to the enforcement of the decision on the provisional measure regulation (Sections 273a and 273b);
(d) acts relating to the execution of decisions on the disability of other property rights of the debtor consisting of the issue or delivery of the case (§ 320 o. s.);
(e) a tour of the debtor and a tour of his rooms, closets and other boxes (§ 325a o.s.);
(f) an inventory of movable goods (§ 326 o. s.),
(g) the sale of goods which are rapidly damaged, outside the auction (§ 326b o. s. s.);
(h) the provision of written items (§ 327 o. s. s.);
(i) an indication of the items which have not been secured (§ 327 (3) o. s. s.);
(j) an estimate of the movable items drawn up, if no expert has been recruited (§ 328 o.);
(k) the sale of listed items at auction (§ 328b o.s.);
(l) the issue of the proceeds of the cases sold to the creditor or to other creditors or, where applicable, the composition of the proceeds in the court (Sections 331 and 331a o. s. s.);
(m) the issue of the money collected to the creditor or its composition in the court (§ 333 o. s.);
(n) the collection of the amount recovered from the holding book or similar other forms of deposit and the actions needed to exercise the rights of the deposit certificates, shares, notes, cheques, other paper security or other documents required for the exercise of the right (§ 334 o.s.);
(o) the operations needed to monetize the book-entry and immobilized securities (§ 334a o. o. s.);
(p) the removal of real estate, buildings, apartments and other rooms, the disposal of items which have been cleared to a obliged or well-established national of his household, the transfer of the items which have been disposed of to the municipality or to another suitable custodian, the deposit of a key to the housing refund with the municipality or court, the sale of items which have not been collected and the distribution of the proceeds of such sale (§ 340 to 344 o. o. s.),
q) the removal of movable property with all that belongs to them by the debtor or by him who is willing to issue them and their surrender to the creditor (§ 345 o. s. s.),
(r) the acts relating to the implementation of the decision by the sale of a movable item pursuant to § 348 o. s.,
(s) the operations towards the restoration of the previous condition in accordance with § 351a o. s.
(t) the lists of cases provided for in Article 672 (2) of the Civil Code (hereinafter referred to as "District of)." '
17. In Paragraph 49, at the end of the text of paragraph 4, the words "or, if the document is served by an act 'shall be added.
18. In Part Nine, the following Section 49a is inserted after the heading of the second section:
Preparation of performance
If, in the light of the persons of the participants, this is expedient, a senior judicial officer or a judicial secretary shall invite the creditor to communicate the number of the bank account to which the cash amount obtained by execution is to be sent to him. By asking questions about the registration of property, the debtor (e.g. the registration of securities or motor vehicles) shall identify the movable items. ';
19. In Paragraph 51, at the end of paragraph 1, the sentence "The inventory shall not be carried out unless it is clearly established on the spot that such items do not belong to the debtor."
20. Paragraph 53 (1) reads:
"(1) At the end of the inspection, the door shall be locked again and the keys to the lock shall be handed over to the persons concerned and, where appropriate, stored in another suitable place accessible to them. Where they can pick up the keys, the persons concerned shall be informed. ';
21. Paragraph 56 (5) reads:
"(5) Where a case has been drawn up which is not subject to the enforcement of a decision under Sections 321 and 322 is not subject to enforcement or to which the law which does not permit enforcement of a decision has been exercised by a third party, the executor may exclude it from the inventory if the creditor for whom it was drawn up agrees. The executor shall also exclude such an item from the inventory on a proposal from the creditor. ';
22. in Paragraph 59 (1), the word "Kčs" is replaced by the word "Kč."
23. in Paragraph 59, the following paragraph 4 is added:
"(4) If the same thing has been drawn up in favour of several claims which are enforced in the enforcement of the decision and in execution, the auction shall be carried out by a senior judicial officer or a judicial executive for the creditor whose claim is first in order and shall be decided by a resolution on the schedule of the proceeds. In order to determine the order for execution of the decision, the date of application for the enforcement order (§ 332 (1) o. s.) and in execution, the date of issue of the execution order by the sale of the movable property. '
24. The following Section 59d is inserted after § 59c:
(1) Where a movable item has been sold at auction which has been stopped, detained or transferred to ensure the obligation of the debtor in favour of its creditor (§ 331a o. s. s.), the court shall require the creditors to document their right to the movable item and the date on which that right was established (§ 332 (2) o. s.).
(2) The court shall decide on the schedule of the proceeds of the case to which that right was based by order. '
25. Sections 68 and 69, including the headings, read:
Enforcement of the decision on the raising of a minor child
(1) The execution of a decision on the raising of a minor child shall be carried out by a schedule of the work to be carried out by the court executor, to whom a senior judicial officer, judicial secretary or assistant judge may be appointed as President of the Court.
(2) Further details of the implementation of the decision to raise a minor are laid down in the instructions of the Minister for Justice.
Enforcement of the decision to declare a joint residence and not to establish contacts with the beneficiary
(1) The execution of the decision on the declaration of residence and the non-establishment of contacts with the creditor shall be carried out by a work schedule designated by the court executor, a senior judicial officer, a judicial secretary or an assistant judge (hereinafter referred to as the "judicial authority"). If the circumstances of the case require execution outside the working hours of the court, the action shall be carried out directly by the Judge who ordered such interim measures.
(2) The enforcement of the decision of the interim measure in order for the debtor to leave the common residence and its immediate surroundings or to refrain from meeting the person designated by the court in the order and from making contact with it (§ 76b) shall be carried out in such a way that the executor, on the basis of a decision on a provisional measure in cooperation with the competent authorities, denies the debtor from the common residence, withdraws all the keys to the common residence which the debtor holds and deposits them in the court; where appropriate, by decision of the interim measure, prohibit or otherwise contact the person designated. At the same time, the judicial authority shall give the debtor the opportunity, directly in the course of the execution of the decision, to take his personal valuables and documents from the joint settlement and to take matters which serve his personal needs; during the duration of the interim measure, it will then enable the debtor to collect the necessary items for the pursuit of his business or profession, in a one-off and not repeatedly. The authorised person shall be informed in advance of the execution of the operation. The judicial authority must be present when picking up the items required.
(3) Where the debtor is not present in the enforcement of the decision, the executor shall notify the notice left on the door of the common residence of the debtor of the right to request the removal of the abovementioned items during the duration of the interim measures. ';
Article 26 (75) reads as follows:
(1) The findings in the Central Probation Records conducted by the Notářská kamera of the Czech Republic ("the Chamber") are carried out by the judicial commissioner.
(2) Proof of the outcome of the survey, dated and signed by the judicial commissioner or his authorised official, shall be entered in the file. "
27th Paragraph 76 (1) reads:
"(1) Where an investigation pursuant to § 175c o. s. is found that the deceased has left a will, a deed of succession, a document of revocation of these acts, a document of the provisions of the inheritance administrator, a document of revocation of the provisions of the inheritance administrator, or that the administrator has issued a document of withdrawal of the consent of the provision of the term of office of the deceased [hereinafter referred to as" the will (the deed on the management of the inheritance) '], the judicial commissioner shall establish its state and content, if it is deposited with him, otherwise he shall request the notary or the court with which the judgment is imposed. "
28. in Article 76 (2) and (3), the words "(Charter on the Management of Heritage)" shall be inserted after the words "wills," "wills."
29. in Article 77 (1) to (3), the words "(Charter on the Management of Heritage)" shall be inserted after the words "wills."
30. In § 78 (1) and (2), the words "(Charter of the Management of Heritage)" shall be inserted after the words "wills," "wills."
31. in § 79, the words "(Charter on the Management of Heritage)" shall be inserted after the words "wills."
32. Paragraph 80 (2) is deleted and paragraph 1 is deleted.
33.In Paragraph 90, the last sentence is deleted.
34. In Article 93, the following paragraph 3 is added:
"(3) After prior agreement with the court, the notary may transmit the proposals referred to in paragraphs 1 and 2 in electronic form with only one copy. ';
35. in Article 96a, the following paragraph 4 is added:
"(4) In the context of the liquidation of the succession, the judicial commissioner shall deposit the funds obtained by the purchase of the deceased's assets by sale outside the auction into a special account of the court. ';
Efficacy
This Decree shall take effect on 1 September 2007.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 202 / 2007 Coll., amending Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.2007 |
|---|---|
| Effective from | 01.09.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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